PSC: BERSIH 2.0/Tindak Malaysia Memorandum on Electoral Reform to PSC, 060312

[pywong]

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BERSIH 2.0 8-Demands

1. Indelible ink
2. Postal voting and advance voting
3. Cleaning up of the electoral roll
4. Nomination day procedures
a. Setting a minimum campaign period of 21 days
b. Free and fair access to media
c. Strengthening public institutions
d. Stopping corruption
e. Stopping dirty politics
Punish officers who illegally move voters, says Bersih (http://malaysiakini.com/news/191229)




Nigel Aw (http://www.tindakmalaysia.com/author?l=en&c=news&n=Nigel Aw)
1:50PM Mar 6, 2012





Election Commission (EC) officers who illegally approve the relocation of voters must be punished, says Bersih 2.0.

This is among five amendments to the Election Act 1958 that the electoral reform coalition has demanded in a memorandum to the parliamentary select committee (PSC) on electoral reform.

The memorandum, submitted today, was jointly prepared by Bersih 2.0 and election education and watchdog group Tindak Malaysia.

It includes proposed amendments to the Election Offences Act 1954 and Election Commission Act 1957.

http://media1-cdn.malaysiakini.com/447/bc15a3c96f845ffa9697678088a0ce6e.jpgPSC chairperson Maximus Johnity Ongkili (right in picture), who accepted the memorandum from Bersih 2.0 co-chairperson A Samad Said, responded: "Thank you for your input. We are all for transformation."

Samad said: "Our lawyers have scrutinised these laws and this is the outcome. We stress that these reforms must be (implemented) before the general election."

The opposition has constantly complained that voters are moved to different constituencies to change the composition, in order to tilt the election results.

The memorandum builds on Bersih 2.0's demands for electoral reform by providing the legal specifics for such changes.

"This is to make sure the PSC's report to Parliament will be as comprehensive as possible to ensure proper reform of the election system," said steering committee member Maria Chin Abdullah.

The proposals cover the:

1. Election Act 1958

Section 3: Returning and presiding officers to be drawn from civil society
Section 11: Qualifying date for voter registration abolished in lieu of automatic voting
Section 15(o): Punishment of officers who illegally approve relocation of voters
Section 16(2)(p): EC to draft election code of conduct


2. Election Offences Act 1954

Section 5: Abolition of confidential privilege for communications with EC officers when in court
Section 6: Protection and privilleges for EC must be subjected to lawful actions
Section 11: Grounds for public prosecutor's decision to prosecute election offences or otherwise must be submitted to EC and Parliament

Ten other points were proposed to the Election Offences Act 1954 including the immediate suspension of election officers who refuse to provide relevant forms on polling day.

[pywong]

Poll reforms: Civil groups offer ‘to do the job’ (http://www.freemalaysiatoday.com/2012/03/06/poll-reforms-civil-groups-offer-to-do-the-job/)

Tarani Palani (http://www.freemalaysiatoday.com/author/tarani/)
March 6, 2012
Among the electoral reforms detailed in a memorandum for the PSC are the appointment of civilians as EC officers and for the EC to be independent.

http://cdn.freemalaysiatoday.com/wp-content/uploads/2012/01/SPR-Election-300x202.jpg (http://www.freemalaysiatoday.com/2012/01/31/42000-dubious-voters-struck-off-the-list/spr-election/)

KUALA LUMPUR: A group of civil society members today challenged the government to make changes for a fairer electoral process or pass the Election Commission (EC)’s budget to civilians who can assist in making these changes.

Election watchdog Bersih 2.0 together with Tindak Malaysia, a group which is involved in voter education and polling agents training, said that many a time, the EC has used the excuse that it lacked of resources for amendments.

To counter this “excuse”, Bersih and Tindak got a group of dedicated Malaysians to re-look the current process and propose detailed amendments to the parliamentary Acts concerning elections, election regulations and new boundaries for delineation.

Today, the two groups jointly submitted a memorandum concerning 18 amendments to the various election laws specifically looking into sections of the Elections Act 1958, Election Offences Act 1954 and the Election Commission Act 1957.

The memo was handed over by Bersih co-chairperson A Samad Said, better known as Pak Samad, to chairman of Parliamentary Select Committee (PSC) for electoral reform, Maximus Ongkili in parliament.

Tindak founder and coordinator Wong Piang Yow said the essence of today’s memorandum was ‘to show that reforms can be done.

“Basically what we want to show is that the reforms can be done. If there is a will power, then the amendments (for a freer and fairer elections) can be done.

“If they can’t do it , then they should give us whatever budget that is allocated, so we can do it for them. In a way we can do a better job”, Wong said.

EC officers from civil society

He said that the proposed amendments to the laws, contained in the memorandum submitted today, took only two months to complete with the help of 10 lawyers who volunteered their services.

Some of the proposed amendments are Section 3 of the Elections Act 1958 where they have proposed that EC officers shall be drawn from relevant professional bodies, independent civil societies with procedures for appointment to be subject to public scrutiny.

Currently, it is the norm that EC officers are taken from the civil service.

Another suggested amendment was on Section 9A concerning the highly disputed electoral roll where many irregularities have been documented.http://cdn.freemalaysiatoday.com/wp-content/uploads/2012/03/A-Samad-Said-parlimen-300x225.jpg (http://www.freemalaysiatoday.com/2012/03/06/poll-reforms-civil-groups-offer-to-do-the-job/a-samad-said-parlimen/)
They want the certified electoral roll to be subject to judges’ scrutiny in the event that an election is challenged.

Wong also said that more memorandums concerning delineation and electoral regulations will be handed over in the coming weeks.

Highlighting the disproportionate election boundaries, Wong said that currently one voter in Putrajaya is equivalent to 17 voters in Kapar. This was due to the way electoral boundaries are currently drawn.

“The boundaries should be drawn according to average voters nationally not the average in each state,” he said.

Reform first before polls

Together with Bersih, Tindak is demanding that EC be an independent entity and out of the reach of the Prime Minister’s office.

They have also demanded that the EC chairman and deputy receive a pay rise equivalent to the salary earned by a minister or a deputy minister.

They have asked that all the proposed electoral reforms be amended before the coming elections.

Meanwhile national laureate Pak Samad said that Bersih will take to “other actions” if the government failed to implement the changes.

“We stress that these proposals should be taken into consideration before the coming polls. If the (government) fails to do so, we will look to other actions.
“It is strange if the government does not want to implement these changes, because we are a democracy and in a democracy we work towards making it better” said Pak Samad.

[pywong]

TindakMalaysia, Bersih to press PSC on polls reform





David Ng (http://www.tindakmalaysia.com/author?l=en&c=letters&n=David%20Ng)
6:11PM Mar 5, 2012






Times have indeed changed, and civil society is showing that they are very concerned with the way how the general election is conducted.

To prove that Malaysians are now more mature, they have gone beyond knowing their democratic rights to vote; instead, they have started to identify and point out the weaknesses in the electoral system to the Election Commission, the agency tasked with safeguarding a clean and fair election.

If the massive demonstration by some 50,000 Malaysians during Bersih 2.0 last July had not awaken the authorities that the people demand a clean and fair election, tomorrow's action by the Bersih 2.0 steering committee will hopefully get some positive actions taken by the Prime Minister, Najib Abdul Razak who, just two days ago, apologised for the mistakes made by the ruling party in the past.

This time, enlisting the help of another civil society involved in voter education and polling agent training, both the Bersih 2.0 steering committee and TindakMalaysia will be submitting a memorandum to the parliamentary select committee chairperson, Dr Maximus Ongkili, on electoral reforms.

Realising that time is not on their side, and after watching how slowly reforms have taken place in the electoral laws and regulations, Bersih 2.0 steering committee member Maria Chin Abdullah said that the fundamental basis of a democracy is that elections must be free and fair.

"The current election laws and regulations have many weaknesses that prevent the achievement of this ideal," she said. "We have worked together with TindakMalaysia and a team of lawyers and volunteers to draft the proposed changes to the electoral laws. Our primary objective in these proposals is to enhance public confidence in the Election Commission to carry out their constitutional duty to conduct elections freely and fairly."

The powers and functions of the EC are covered under the Constitution, the Election Laws and Regulations:

Constitution:



Composition of House of Representatives - Membership of Parliament, Articles 46 - 54,
Summoning, prorogation and dissolution of Parliament, Article 55
Elections, Articles 113 - 119
Delimitation of Constituencies, Thirteenth Schedule (Article 116)


Laws passed by Parliament:


Elections Act 1958 (Act 19)
Election Offences Act 1954 (Act 5)
Election Commission Act 1957 (Act 31) - Formation of Election Commission


Regulations drafted by EC


Elections (Conduct of Elections) Regulations 1981
Elections (Registration of Electors) Regulations 2002
Elections (Postal Voting) Regulations 2003


Throughout the years, TindakMalaysia's founder, Wong Piang Yow, said he has noticed a number of irregularities even in the elections regulations drafted by the Election Commission, which could give rise to cheating in the electoral process.
"For example, it is clearly stated that one must put an `X' to the party logo for a vote to be counted as valid," he said. "However, the regulations drafted much later by the Election Commission has allowed for even a tiny dot on a party logo to be counted as a valid vote."

This, he added, gives rise to cheating. "Supposing a voter picks up a ballot slip which has a dot on a party logo ABC, but votes for party XYZ, his vote will be automatically counted as a spoilt vote because of the tiny dot," Wong explained.
Wong said that as a responsible civil society, TindakMalaysia and its volunteers have done the groundwork by producing the amendments to the Electoral laws and regulations given the time constraints.

"We do not want the Election Commission to give excuses that they will not be able to make the proposed changes on time for the next general election," Wong said.

"We have come up with more than 70 proposals and more are on the way. Together with the proposals, we have drafted corresponding changes to the Election Laws and Regulations to make it easier for the Attorney-General's office to review them, given that there is a lot of public interest."

Bersih 2.0 has put up eight demands to the Election Commission (EC).
They are:

1. Clean up voter roll, automatic voter-registration,

2. Postal votes,

3. Indelible ink,

4. Minimum campaign period of 21 days,

5. Free and fair access to media,

6. Strengthening public institutions,

7. Stop corruption,

8. Stopping dirty politics

Only three of these demands have been met partially.

[pywong]

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呈备忘录建议修改三选举法令
两组织毛遂自荐协助重划选区 (http://www.malaysiakini.com/news/191234)




高嘉琪 (http://www.tindakmalaysia.com/author?l=zh&c=news&n=%E9%AB%98%E5%98%89%E7%90%AA)
2012年3月6日 下午2点08分





随着选举改革国会特委会即将完成报告，净选盟2.0与大马行动组织今日向特委会提呈备忘录，建议政府在第1 3届全国大选前，修正3项选举法令共18项条文。

他们也希望特委会，将这份备忘录纳入在4月初出炉的完整选举改革报告内。

净选盟2.0联合主席沙末赛益及大马行动组织创办人黄炳耀今日率领约10人赴国会大厦，将备忘录呈交给特委 会主席麦西慕。

其他同行者包括净选盟督导委员玛丽亚陈及再益卡玛鲁丁，以及代表行动党的特委会成员陆兆福。

花近半年时间研究法令　

http://media1-cdn.malaysiakini.com/447/769dfff32b2f0367d880b52d7a14d6a5.jpg玛丽亚陈（左者）表示，他们是 建议修正1958年选举法令、1954年选举犯罪法令，以及1957年选举委员会法令。

她说，自特委会去年10月成立以来，上述两个组织便决定探讨如何加强这3项法令，并获得10名 律师帮忙。

黄炳耀表示，他们的建议包括在选举法令下设立一个选举操守指南、允许选举法庭法官检查选民册，以及落实自动 登记为选民等。

建议稽查各候选人开销

其他建议包括，把稽查所有候选人在竞选期间的开销，纳入选举犯罪法令内。

“由于候选人也透过广告（造势），因此我们在备忘录中也建议将国州候选人原本的20万令吉与10万令吉最高 开销，分别提高3倍至60万令吉及30万令吉。”

他们也建议委任公民担任选举官及投票站官员（presiding officer），而非目前由公务员出任，因为这将有利益冲突之嫌。

扬言由民间做比政府强

http://media1-cdn.malaysiakini.com/447/be0d1b8a4b36766d9f7f1e5ce8d7554c.jpg沙末赛益也说，政府应在第13 届大选前，落实这些建议。

询及若政府无法落实这些建议时，沙末赛益表示，“我们会探讨接下来的行动，但无法落实是很奇怪的，这毕竟是 一个民主国家。”

沙末赛益也说，若首相纳吉以资源有限为由，无法落实一些改革选举制度的措施，那么不妨交给净选 举来做。

沙末赛益夸口说，由他们一行人来做，相信会“远比政府做得还好”。

黄炳耀指出，政府原该在去年3月便重新划分选区，却以资源问题一直推迟，因此他建议政府将划分全国选区一事 ，交由他们来做。

“这当然不会是免费的....但只要拨出2003年（对上一次）划分选区的资金给我们就可以。”

下周呈选区划分的建议

http://media1-cdn.malaysiakini.com/447/e2691631a3a17a1ee43c90bb219829d6.jpg黄炳耀说，他们可以在半年时间 内完成，重新划分全国国州选区的任务。

他透露，他们下周将向特委会，提供有关选区划分的建议。

选委会主席阿都阿兹曾于上月17日说，由于选委会须准备大选工作，因此没有时间与资源重划选区 。

“一群忠心的大马人已挺身而出向他们（政府）提出建议，他们已完成雪州重新划分选区的工作，以便（各选区选 民人数）更平均。”

“雪州现有22个国会选区，它应该拥有31、32个国会选区，各选区的选民人数落差低于15%。 ”

愿代政府草拟选举指南

他透露，目前不同选区的选民落差高达17倍，最少选民的选区在布城，只有6603人，而雪州加埔的选民却高 达11万2000人。

“现在，我们缺乏选举操守指南，所以我们要选委会草拟一份指南，若它没有资源及时间做，我们身为忠心的大马 人，将很高兴代劳。”

“现有的选委会法令下，公共检察官必须在总检察长批准下才能检控....总检察长向首相署报告....换言 之，部长的手已伸入选委会内。”

他透露，因此他们建议公共检察官在处理选举罪刑，决定是否提告时，也须将报告呈交选委会及国会 。

失望仅少撮建议被接纳

他们也建议，选委会必须为擅自挪移选民一事负起责任。

另一方面，这两个组织在联署备忘录中也阐明，对特委会仅接纳净选盟提出的3项建议，表示失望。

“选委会甚至退却，只允诺推行净选盟2.0的其中一项诉求。”

“净选盟只有一个月的时间，来履行其指令，我们非常的关切他们是否能够履行及满足人民所提出的合 法要求？”

以下是净选盟与大马行动组织建议修正3法令的18项条文摘要：

1958年选举法令：

1）第3条文：选举官须来自相关专业专体与独立公民组织，同时具备一套委任程序，且可受到公共监 察。

2）第9A条文：当选举受到挑战，选举法官可审察选民册。

3）第11条文：由于已建议落实自动登记为选民，因此建议删除有关选民登记的合格期限条文。

4）第15（o）条文：增加惩罚擅自挪移选民的官员。

5）第16（2）（p）：选举委员会草拟选举行为操守指南。

1954年选举罪刑法令：

1）第2（1）条文：允许稽查竞选运动开销。　　

2）第3（p）条文：挪移选民须负起责任。

3）第3（o）条文：关于拒绝使用不褪色墨水。

4） 第4（g）条文：赋权开除选举官。

5）第5（8）条文：关于选举委员会职员、候选人及代理之间的联系。

6）第19（1A）条文：稽查竞选运动的开销。

7）第24B条文：无须获警方准证来举行竞选运动。

8）第26A条文：竞选摊位位置、器材、程序、观察者摊位数目、技术咨询等。

9）第271条文：公共检察官向选委会及国会报告。

10） 第41条文：删除允许选举官及投票站官员拒绝选票的权力。

1957年选举委员会法令：

1）第5条文：删除有关某些联系享有特免权的条文（certain communications to be privileged: deleted）。
（黄炳耀举例说，若选委会官员与一名证人说了话，这名证人不得上庭供证。）

2）第6条文：关于保护成员部份：允许恰当及合法的行动。
（黄炳耀补充，目前选举官受到法律保护，难以对他们采取法律行动。）
　
3）第11条文：有关公共检察官同意部分：须向选委会及国会报告

[pywong]

抨击选举改革慢半拍
净选盟促修三选举法

作者／梁康 Mar 06, 2012 01:44:30 pm Merdekareview





















【本刊梁康撰述】干净及公正选举联盟2.0联合主席沙末赛益（A.Samad Said）批评，政府的选举改革措施不力，当前只落实不褪色墨水措施，净选盟提出的其余改革建议则没有触及 ，并施压要首相纳吉务必要在来届大选前落实选举改革，实现自由及公正选举。

另外，净选盟（Bersih 2.0）与行动马来西亚（Tindak Malaysia）今日也向选举改革国会特别遴选委员会提呈备忘录，要求特委会向政府建议修改三项攸关选举 改革的法令。

沙末赛益表示，他们要求修改的三项法令分别是《1958 年选举法令》、《1954年选举犯罪法令》及《1957年选举委员会法令》。

选举改革国会特委会主席兼科学、艺术及创新部部长麦西慕（Maximus Ongkili）及特委会委员兼行动党亚沙区国会议员陆兆福代表接领备忘录。

上述备忘录要求修订《1958年选举法令》的其中五个条款，分别是：

一、第3条款：修改公众选票检查程序，负责的选举委员会官员必须来自相关专业团体，并且按照程序委任独立公 民社会参与选票检查工作。
二、第19条款：一旦选票检查活动受到挑战，选举法官（Election Judge）将可参照核实（certified）的选民册。
三、第11条款：鉴于自动选民登记意见不被接纳，而建议限制（qualifying）登记为选 民期限。
四、第15（o）条款：设定官员非法转移选民的刑罚。
五、第16（2）（p）：赋予选举委员会草拟选举行为守则权力。

建议修订《1954年选举犯罪法令》当中的十项条款，分别是：
一、第2（1）条款：准许公司稽查司可包办选举运动开销的专业稽查工作。
二、第3（p）条款：转移选民。（可追究转移选民官员责任）
三、第3（o）条款：拒绝执行不褪色墨水点墨。
四、第4（g）条款：赋权选举委员会吊销违法选举官。
五、第5（8）条款：选委会官员、候选人及代理人之间的沟通事宜。
六、第19（1）（a）条款：可稽查选举运动开销。
七、第24B条款：竞选期期间无需警察准证。
八、第26A条款：投票站地点、器材、程序、投票站观察员人数及技术顾问等事宜。
九、第27I条款：总检察司直接向选举委员会及国会禀报。
十、第41条款：决定投票站选举主任（Returning Office）和投票站选举官（Presiding Officer）是否有权拒绝移除的选票。

建议修订《1957年选举委员会法令》的三项条款，分别是：
一、第5条款：废除特定传讯特权。
二、第6条款：修订对于选委会委员的保护：得承担适当的法律行动。
三、第11条款：同意由总检察司进行提控，惟要向选举委员会及国会禀报。

净选盟委员玛丽雅陈补充，他们认为选举改革国会特委会目前拟定的初步报告仍然不够好，并希望趁此机会让特委 会报告更全面，而执行特委会选举改革报告的责任则在于政府和选委会。

首相与选举提控具有利益冲突

行动马来西亚组织代表黄炳耀也解释，有关选举犯罪提控需要向选举委员会及国会报告的原因，因为目前无法进行 选举犯罪检控，因为总检察司需要向总检察长禀报，而总检察长需向首相禀报，从而出现利益冲突问 题。

净选盟和行动马来西亚也宣布将于下周（3月14日）再向选举改革国会特委会提呈另外一份备忘录，提出修改选 委会选举条规及要求以选票比重均等原则重新划分选区。

黄炳耀（左图）指出，目前我国的选区划分严重失衡，最多选民选区雪州巴生加埔，相等于最小的选区联邦直辖区 布城的16倍选民人数。

他也建议，以选票比重均等原则重新划分选区，以致各选区之间的选民人数差距不会超过50%的差 幅。

他也宣称，若选举委员会称他们不够人手胜任此事，他们的专业律师团体愿意承接这份工作，当然，政府必须拨款 聘请有关律师担任相关工作。
另外，该组织也建议，分别将马来西亚举委员会主席及副主席的薪金提高至与部长及副部长相等，以示认可有关职 位的地位

[pywong]

淨選盟：確保大選乾淨公正‧遴選會應修改3法令


國內 (http://www.sinchew.com.my/taxonomy/term/1)


2012-03-07 09:20
（吉隆坡6日訊）淨選盟2.0不滿提出落實“8大訴求”中的41個建議中，選舉改革國會特別遴選委員會只採 納3項建議，今日再度提呈備忘錄給選舉改革國會特別遴選委員會，要求遴選會修改3項法令共18項條文，以確 保第十三屆全國大選是乾淨與公正的選舉，同時能讓人民信服。

淨選盟2.0聯合主席兼國家文學家拿督沙末賽益今日連同大馬行動組織（Tindak Malaysia）創辦人黃炳耀到國會提呈聯合備忘錄給遴選會，由遴選會主席拿督麥西慕接領。
【新潮】創造品牌的整體新感覺：讓產品擁有自己的個性，以新穎和創新的方式與消費者進行互動！ (http://182.54.218.33/phpadsnew/www/delivery/ck.php?oaparams=2__bannerid=6568__zoneid=146__cb=d bfbaf7b02__oadest=http%3A%2F%2Fwww.sinchew-i.com%2Fgt%3Furl%3Dhttp%3A%2F%2Fwww.newtide.com.my %2Fnode%2F674%3Ftid%3D3)

建議修改的3項法令是1958年選舉法令、1954年選舉罪行法令以及1957年選舉委員會法 令。

他們要求麥西慕能把備忘錄納入在4月初出爐的完整選舉改革報告內。
須在下屆大選前落實
沙末賽益在新聞發佈會上說，下屆大選將是大馬史上最重要的選舉，因此政府必須在下屆大選前落實上述建議，以 便選舉成績讓人民接受和尊重。
黃炳耀指出，他們建議把國州議席候選人的競選最高開銷數額，分別從20萬令吉提高至60萬令吉，和10萬令 吉至20萬令吉。
他認為應委任公民擔任選舉官及投票站官員，而非目前由公務員出任，因為這將有利益衝突之嫌。
自薦協助選區劃分工作
另一方面，淨選盟與大馬行動組織毛遂自薦協助政府進行選區劃分任務，並且聲稱只需半年時間便能 完成任務。
他指出，只要政府撥出相等於於2003年劃分選區的資金給他們，便能展開劃分選區工作。
他透露，他們將在3月14日向遴選會提供有關選區劃分的建議。
選委會主席阿都阿茲曾於上月17日說，由於選委會須準備大選工作，因此沒有時間與資源重劃選區 。
“雪州現有22個國會選區，它應該擁有31、32個國會選區，各選區的選民人數落差低於15%。 ”
他透露，目前不同選區的選民落差高達17倍，最少選民的選區是布城，只有6千603人，而雪州加埔的選民卻 高達11萬2千人。

[pywong]

http://bersih.org/?p=4590

Press Statement: 16 January 2012

BERSIH 2.0: Review of the PSC’s recommendations and EC’s responses

The Parliamentary Select Committee for Electoral Reform (PSC) ended its final public
hearing last week on 12 January 2012. BERSIH 2.0 has compiled a table of comparison
between BERSIH 2.0’s recommendations for key areas of electoral reform, the PSC’s
recommendations in its interim report and the areas which the EC has committed to
implement (see attached).

Out of the 41 recommendations made by BERSIH 2.0 on our 8 demands, election
observation and constituency redelineation; the PSC in its interim report has fully adopted
only four of our recommendations which are:
1. Thorough and independent audit of the electoral roll
2. Allow eligible voters living overseas to vote as absent voters
3. Adopt advance voting for service voters
4. Use of indelible ink

The PSC has partially adopted another four of BERSIH 2.0’s recommendations which are:
1. Display of supplementary electoral roll to be extended from 7 days to 14 days,
instead of the BERSIH 2.0 recommendation of 30 days.
2. Removal of RM10 objection fee and limit on number of objections allowed per
person. However, PSC did not pick up BERSIH 2.0’s further recommendation for any
voter, regardless of constituency, to make objection and extension of 7-day notice to
14 days for objected person to attend public inquiry. Most alarmingly, the PSC
completely ignored BERSIH 2.0’s demand for transparent revision of principal or
supplementary electoral rolls after certification, on which the EC holds unchecked
power.
3. Establish a Royal Commission of Inquiry (RCI) to investigate allegations of non-citizens obtaining citizenship and participating as voters at Sabah. BERSIH 2.0
recommended for the establishment of an RCI to investigate all allegations of giving
citizenships to non-citizens in exchange for votes.
4. Extend absentee voting to East Malaysians living at West Malaysia and West
Malaysians living at East Malaysia. BERSIH 2.0 recommended for postal voting to be
extended to all eligible Malaysians expected to be out of their constituency and at
least 250km away from closest absentee voting centre.

Disappointingly, the EC has publicly committed to three reforms, which correspond to only three of BERSIH 2.0’s recommendations, which were also recommended by the PSC. These are:
1. Use indelible ink in the 13th General Elections (GE-13)
2. Implement advance voting for service voters
3. Audit of electoral roll by engaging MIMOS Berhad

13, Lorong 4/48E, 46050 Petaling Jaya
Selangor, Malaysia
Tel: +603 7772 3275 Fax: +603 77844978
Email: info@bersih.org URL: www.bersih.org (http://www.bersih.org)
2

Other recommendations made by the PSC that are of deep concern to BERSIH 2.0 are the removal of objection period of nomination of candidates and removal of serial numbers on ballot papers. If implemented, the removal of serial numbers on ballot papers will open possibilities of ballot stuffing. To ensure secrecy of the ballot, BERSIH 2.0 recommends to maintain the serial numbers but also to distribute the ballot papers to voters at random.

With regards to removal of objection period, BERSIH 2.0 disagrees with giving EC full
discretion over eligibility of candidates. Voters should be allowed to express any objections they may have to any nominated candidate.

Overall, BERSIH 2.0 is of the view that the PSC interim report should have included all
substantial recommendations to ensure that key reforms are implemented by the EC
immediately. We are disappointed that the PSC made only a few recommendations despite having heard substantial recommendations from BERSIH 2.0 and other groups and individuals.

The EC’s apparent lack of commitment and pro-activeness in implementing not only BERSIH 2.0’s recommendations but also the PSC’s recommendations indicates a serious lack of political will in facilitating deeply needed reforms in the electoral system. As the constitutional institution that is entrusted to manage electoral processes and uphold the rights of voters, the EC appears to be unwilling to fulfil its constitutional duties. BERSIH 2.0 reminds the EC that it is not answerable to any political master but to ALL citizens of Malaysia. The EC has therefore abandoned its constitutional role and responsibility to ensure electoral reform and good governance be practised and implemented before any elections can take place.

Electoral injustice in Malaysia has continued for far too long. Malaysians are i
ncreasingly aware of the flaws and injustice in the electoral system and taking a proactive roll to monitor the performance of the EC. If the EC intends to gain the confidence of the people of Malaysia, it must stop making excuses and immediately start taking steps to reform the electoral system to ensure free and fair elections in Malaysia.

The EC and the Najib Administration must recognise a clear fact: Malaysians will not accept anything less than a thorough and sincere reform of the electoral process. The 50,000 brave Malaysians who marched through the streets of Kuala Lumpur on 9 July 2011 in defiance of police violence and arrests have made their stand. Any false attempt of reform – like the Peaceful Assembly Bill – will invite not praises, but only backlash.

Salam BERSIH 2.0!

Steering Committee
Coalition for Clean and Fair Elections (BERSIH 2.0)
The Steering Committee of BERSIH 2.0 comprises:
Dato’ Ambiga Sreenevasan (Co-Chairperson), Datuk A. Samad Said (Co-Chairperson), Ahmad
Shukri Abdul Razab, Andrew Khoo, Arul Prakkash, Arumugam K., Dr Farouk Musa, Liau Kok Fah, Maria Chin Abdullah, Richard Y W Yeoh, Dr Subramaniam Pillay, Dato’ Dr Toh Kin Woon, Dr Wong Chin Huat, Dato’ Yeo Yang Poh and Zaid Kamaruddin


Comparison between BERSIH 2.0’s recommendations on key electoral reforms, the PSC’s recommendations in its interim report and the EC’s responses



Issues

BERSIH 2.0’s recommendations

PSC’s response/
recommendations

EC’s response



Cleaning the
electoral roll

Automatic voter registration






Automatic removal of deceased voters and former citizens via
updates from NRD database






Automatic removal of multiple
registrations of service voters
including simultaneous display of military/police IC and civilian IC in electoral roll






Listing of newly naturalised citizens on electoral roll






Implementing online voter
registration and online tracking
system to monitor progress of
application (interim measure
before implementing automatic
voter registration)






Monthly revision of supplementary electoral roll






Display of supplementary electoral roll online and on location for minimum 30 days (currently displayed for only 7 days). All names not objected to should immediately proceed for
certification.

Extend display of
supplementary roll to 14 days.






Removal of unnecessary
restrictions to objections
a. Objection fee of RM10 should be refundable if objection is
allowed, remove limit to no. of
objections
b. Allow any voter regardless of
constituency to make objection
c. Extend 7-day notice to 14 days for person to whom objection is being made to attend public inquiry.

PSC recommended:

a. Removal of objection fee of RM10 and limit
of number of
objections.
b. Amend regulations to
allow objections on
principle electoral
roll.





Transparent revision of principal or supplementary electoral rolls after certification including restriction of power of Chief Registrar of Electors
to modify electoral rolls and
amending the EOA to make illegal alteration of electoral rolls by EC officials an offence.






Set up independent electoral roll auditing committee

EC to appoint MIMOS Berhad to conduct audit of electoral roll to verify the following issues and to report the findings to
the EC:
a. Two voters with same IC
b. Deceased voters in
electoral roll
c. Voters above the age
of 90
d. Non-citizen voters
e. Multiple registration
of voters under a
single address
f. Voters who lost
eligibility to vote

However, no long term
mechanism is proposed.

EC will meet with
MIMOS Berhad to
discuss
verification of
authenticity of
voters




Electoral rolls should be made available to political parties, civil society groups and research
institutions at marginal cost







EC to conduct
verification of the Sabah electoral roll.





Form a Royal Commission of Inquiry (RCI) to investigate claims of giving citizenship to foreigners in exchange of votes

In the longer term, form a Royal Commission of
Inquiry to investigate
allegations of non-citizens obtaining
citizenship and
participating as voters at Sabah.








Issues

BERSIH 2.0’s recommendations

PSC’s response/
recommendations

EC’s response





Ab-
sen-tee
voting

Eligibility: All Malaysian registered voters expected to be overseas on polling day.

Make necessary
amendments to existing
regulations to include
eligible voters living
overseas in the category
of absent voters.





Eligibility: All Malaysians expected to be out of their constituency and at least 250km away from closest
absentee voting centre.

Make necessary
amendments to existing
regulations to allow East
Malaysians living at
Peninsula Malaysia and
West Malaysians living in
East Malaysia to vote via
absentee voting.





Process: Absent voters must apply
for absentee ballots two weeks
before polling day.






Process: Advance voting (1 day
before polling day) for service
voters and overseas voters (except
in Singapore and Brunei).

Advance voting to be
used for military voters
and their spouses, and
police voters.
Advance voting to
include Election Officers,
doctors, nurses and
journalists on duty on
polling day.

Advance voting to
be implemented
for military
personnel and
their spouses,
general operation
force personnel
and their
spouses, and
police officers.




Process: Distance voting for service voters, domestic absent voters and overseas voters in Singapore and Brunei.






Process: Postal voting for other
overseas voters.

Any military or police voters (excluding
spouses) unable to attend advance voting due to posting at rural areas should apply for
postal voting.

Postal voting to be available for
service voters
who are unable
to attend
advance voting.






Issues

BERSIH 2.0’s recommendations

PSC’s response/
recommendations

EC’s response






Indelible
ink

Implement ndelible ink and make necessary mendments to relevant regulations to facilitate the
implementation.

Implement indelible ink
for GE-13. EC should
speed up process of
amending necessary
regulations to facilitate
implementation.


Will be implemented in the next GE.



Meaningful
campaign
period

EC tostipulate campaign period of
not less than 21 days.






AmendEA to instutionalise minimum campaign period of 21
days.





Freeand fair access to media

AmendEA to compel state-owned media to provide reasonably equal free airtime to contesting parties and candidates.






Televisedprime mnisterial public debates shall be televised.






AmendEOA to ensure fair access to private media for all contesting
parties and candidates including paid advertisements, news and fair reporting. Any media outlets that
practise discrimination in access to advertising should be prosecuted.






AmendEOA to make and offence any deliberate denial of any
contesting party or candidate to the right to reply to any accusations made against then or
him/her.






Establishcode of conduct for media on election coverage.






AmendPrinting Presses and Publications Act 1984 and Communications and Multimedia Act 1998 to remove restrictions of
content regulation and to prevent media ownership monopolies.






AbolishSedition Act 1948, Official Secrets Act 1972 and Internal
Security Act 1960.








Issues

BERSIH 2.0’s recommendations

PSC’s response/
recommendations

EC’s response



Strengthening
public
institutions

Membershipof the EC should be expanded to include more than just senior civil servants including representatives of other segments of society.






ECshould use its powers under Article 113(5) of the FederalConstitutions to make rules to prohibit use of public institutions or government machinery by the government of the day in their political and election campaigns.






Adopta practice of a caretaker government where the party in
government relinquishes decision-making powers to a caretaker administration for the duration of the election campaign.






Implementa cooling-off period whereby senior civil servants shall not be permitted to join political
parties within a specified period upon resignation or retirement.







Explainto the public that EC is independent and
not influenced by any parties.






Provideadequate
powers to EC to enforce election laws and increase human resource and financial capacity of the EC to reduce
dependence on other agencies.




Ending
corruption

EmpowerEC to penalise, if not disqualify, those who engage in vote buying.






Establishvigilant monitoring mechanisms before and during
elections on vote buying and set up a reporting system to allow public
with evidences to report vote buying.






Disallowannouncement of development projects close to and/or during elections unless for
emergency and disaster purposes.





Endingdirty
politics

EC toenforce both existing and further enhanced rules against
dirty politics during an election campaign. A handbook of the rules
should be published and
disseminated.





Election
observation

EC tomake immediate
arrangements to invite
international election observers and to institutionalise this practice as a norm.





Constituency
redelineation

ECmust abide the requirement of
‘approximately equal’ apportion stipulated by the Federal Constitution and abandon its
malapportionment guide.






AmendS.2, Part I of the 13th Schedule of the Federal Constitution to add a new principle that “a state constituency
must not be larger than half of the smallest parliamentary
constituency in the same state” to check on the malapportionment
trend.






AmendS.2, Part I of the Thirteenth Schedule of the Federal Constitution to add three new
principles that
a. constituencies should not cross the boundaries of local authorities
b. no arbitrary combination of local
communities is allowed
c. no arbitrary partitioning of local
authorities is allowed.






AmendS.10, Part 2 of the Thirteenth Schedule of the Federal Constitution the effect that the redelineation proposal needs to be
approved with two-third majority.

[pywong]

Postal voting: Polls reform group wants safeguards (http://www.themalaysianinsider.com/malaysia/article/postal-voting-polls-reform-group-wants-safeguards/)
By Anisah Shukry
March 19, 2012

KUALA LUMPUR, March 19 — A polls reform group wants the Election Commission (EC) to set up safeguards as postal voting's “synonymous with fraud and unfair balloting”.
“For too long, postal voting in Malaysia has not operated as the law intended,” said Andrew Yong, international coordinator for MyOverseasVote, in a statement today.

“Instead of being sent directly to servicemen and women, armed forces postal ballot papers have been sent via the military chain of command, allowing them to be intercepted and fraudulently misused.

“Armed forces postal voters have had to mark their ballot papers in front of their military superiors, thereby putting them in fear that votes would not be secret.”

Last December, MyOverseasVote proposed to the Parliamentary Select Committe (PSC) that each political candidate be allowed to appoint overseas election agents to monitor the postal voting process.

They further suggested that all postal ballot papers be sent by diplomatic pouch to the embassy/consulate and then forwarded to postal voters in the presence of election agents.
The voters should return the ballots to the same embassy
/consulate by post, courier or in person, where the ballots will be placed in one out of 27 sealed ballot boxes signed by the election agents.

MyOverseasVote further said that the ballots must be counted in the presence of the election agents before the deadline for the return of the overseas postal ballots, which should be two days before polling day in Malaysia.

As postal ballot papers are sealed in envelopes, the postal ballot papers can be sorted by individual constituency after each box is opened.

The results for each box can then be tabulated in spreadsheet form and returned to the EC in Malaysia by fax.

Last week, The Malaysian Insider reported that there are currently an estimated 2,000 registered Malaysian voters living overseas.

On March 14, PSC chairman Datuk Seri Dr Maximus Ongkili told reporters after a closed-door meeting with the EC that it might not be possible for the EC to implement any form of overseas voting if national polls were held in the near future.
Another PSC member, Anthony Loke, told reporters that the committee has yet to decide whether to accept the EC’s proposal on overseas voting.

“There have been reservations from some of the committee members, but nothing has been decided yet.

“We will meet next Tuesday to finalise,” the DAP Rasah MP told reporters.

The PSC’s final report is expected to be tabled in Parliament on April 2. Malaysians living abroad will only be able vote in the next general election if they use the postal voting system, the Election Commission (EC) said.