Malaysia do not practice

compulsory voting to compel for

an oversea voting mechanism but
democratic principles and its best
practices demands for this option
to be made available.
Short notice of election date and sudden
announcement of General Election
hampers time and preparation to
accommodate overseas voters as it
requires additional process and time.

Citizens need to prepare and plan for the

Election especially the young adults and
urban settlers.
United Kingdom uses the similar First Past the Post System.
Chapter 50 of the Representation of the People Act 1985 states that
it is required that the overseas voter must be an existing registered
voter in the UK prior to the exercise of the right to overseas voting
AND
With legitimate attachment with the stated address.
The UK law also provides for an additional mechanism of
Declaration on the status and qualification for the overseas voters
as a safety measure of determining identity and attachment to the
particular constituency.
 Section 1 of Chapter 50 states the Prima Facie requirement that A
person is entitled to vote as an elector at a parliamentary election in
any constituency if—

• (a) He qualifies as an overseas elector in respect of that

constituency on the date on which he makes a declaration under
Section 2 of this Act :

• (b) On that date and on the date of the poll he is not subject to any
legal incapacity to vote, and he is a British citizen; and

• (c) On the date of the poll he is registered in a register of

parliamentary electors for that constituency.

• Further, the law sets a couple of condition for qualifications with the
Preliminary conditions on the registration process and the second
condition being the safety measures.
• The second set of conditions among other is that

• (a) He was last resident in the United Kingdom within the period
of 15 years ending immediately before the relevant date

• (c) The address at which he was resident on that day was at a

place that is situated within the constituency concerned and a
parent or guardian of his was included, in respect of that address, in
a register of parliamentary electors.

• The law then goes on to impose the requirement of declaration on

the oversea voters including the address in the United Kingdom at
which he was resident, and the name of the parent or guardian on
whose registration in respect of that address he relies, and whether
the person named was a parent or guardian.
• NIEI view that the major challenge in implementing the said proposal
will be on the management and in administering the ballot papers.

• This is due to the logistical nightmare that would arise in administering

and collecting specifically printed ballot papers of all the contesting
candidates in all the constituencies both Parliament and State
Assembly in one polling center.

• NIEI views that the stated matter would be the major challenge
especially due to our current system of independent candidate
contest that requires the name of the person to be printed in the ballot
paper.

• NIEI therefore propose for overseas voting to be limited to only for the
election of members of Parliament and the similar method can be
used for voters from Sabah and Sarawak residing in Peninsular and
vice versa.

• The UK experience would be a good legal reference

• The other major requirements in implementing overseas
voting would be on the technical aspect of the voting
process as in the polling date and delivery and counting
process.

• The Thailand election in this aspect implements an

advance voting day in an earlier date from the general
election date for all overseas voters to cast their ballot
for their respective constituency.

• The ballot papers will then be sealed and enclosed into

an envelope bearing the name and number of the
constituency. The envelopes will then be secured in a
sealed package and will be transported to a safe place
for storage and later to be counted on the general
election day in the constituents tallying center.