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pywong
6th April 2013, 09:09 AM
Law
Form


1
Qualification





Citizen of at least 21 years old
EOA S.13




Not a bankrupt
EOA S.13






Not a criminal
EOA S.13






Not been convicted
EOA S.13











2
Appointment





Appointed by Election Agent as Ketua PACABA (KPCB) to oversee a polling centre (school or dewan)
EOA S.14




Assisted by a Timbalan Ketua PACABA
EOA S.14




To assist in recruiting, arrange for appointment and oversee barung (BA), polling (PA) or counting agent (CA) in a polling centre
EOA S.14 (1A), S.26A(3)









3
Responsibilities of head of PACABA for each polling station





Protect the candidate’s interest & Secrecy of voting
EOA S.5 (2)




Make an oath of secrecy on Form A
EOA S.5 (1)
A



Arrange PACABA training before the date of notice of election is announced or as early as possible





Familiarise with the essential election laws





Check the electoral rolls arranged by address





Obtain from the Penyelaras PACABA the list of PACABA on duties with name, IC number, mobile number and hours on duty of each PACABA





Obtain the from the PACABA co-ordinator a separate list of PACABA for the Head of PACA to be given to the KTM before polling starts. Include IC no. for security.
E(COE) R.15 (5)




Obtain the PACA and BA kits from the Penyelaras PACABA for handing over to each and every PACA and BA,





· electoral role, Forms, stationaries, EC Tags, laws and guide books





Guide and monitor the PACABAs in their duties.





Coordinate transport to fetch every PACABA without own transport to and from the polling and counting station,





Arrange food, drinks and allowances for the PACABAs.





Permit only eligible electors as stated on the electoral roll to vote on polling day to minimize phantom voters, double-voting by postal voters. Note that double-voting is an offence under EOA.
E(COE)R R.14EOA S3(1)(o)





Ensure the PA gets a copy of Form 13 (Ballot Paper Statement) & 753 (Sample of Official Stamp for Ballot Paper)





Ensure the CA gets a copy of Form 14 (Voting Results)





Ensure the Wakil Calon gives you a White SPR tag to enter the Main Tally Centre for final results to help in tabulation of results.





Protect voter secrecy





Promote Free and Fair Elections

pywong
6th April 2013, 09:15 AM
Law
Form


1
Qualification





Citizen of at least 21 years old
EOA S.13




Not a bankrupt
EOA S.13






Not a criminal
EOA S.13






Not been convicted
EOA S.13











2
Appointment





Appointed by Election Agent
EOA S.14




The presiding officer (KTM) must be informed in writing of name and address of each polling and counting agent (PACA)
EOA S.14




Every barung (BA) polling (PA) or counting agent (CA) shall act at the booth, polling and counting station for at least two hours before he can be replaced
EOA S.14 (1A), S.26A(3)









3
Responsibilities of head of PACABA for each polling station





Protect the candidate’s interest & Secrecy of voting
EOA S.5 (2)




Make an oath of secrecy on Form A
EOA S.5 (1)
A



Arrange PACABA training before the date of notice of election is announced or as early as possible





Familiarise with the essential election laws





Peruse the electoral roll arranged by address: (If normal PACABA, arrange house-to-house visit with the rest of the PACABA assigned to the said polling district to identify dead or moved voters as well as voter with strong inclination towards a particular candidate. Summarize suspicious voters by polling station and ic no. in readiness for challenging them at the Barung and polling station on polling day)





Check postal voter roll, identify any elector appearing on the normal polling electoral roll. If they do, cross out the names in the electoral roll and mark it with “PP” – “pengundi pos”.





Repeat for Advance Voter roll, which may be more difficult as it may not show the MyKad no. except for the spouse which uses MyKad only.





Obtain from the Penyelaras (Coordinator) PACABA the Schedule of Voting for his polling centre showing no. of stations and electors/station.





Obtain from the Penyelaras PACABA the transport route of the ballot boxes for each polling station.





Ascertain the polling station address and hours open for polling





Visit the polling station with the rest of PACABA before the day of polling. Take photos of entrance to the polling centre and post online for reference of your team and the public.





Obtain from the Penyelaras PACABA the list of PACABA on duties with name, IC number, mobile number and hours on duty of each PACABA, as well as the polling station, the counting station and head of PACABA identified





Obtain the from the Penyelaras PACABA a separate list of PACABA for the Head of PACA to be given to the KTM before polling starts. Include IC no. for security.
E(COE) R.15 (5)




Obtain the PACA kits from the Penyelaras PACABA and before handing over to each and every PACABA, check that it is complete with the following:





· Copy of electoral role for the stream with marking “PP” for “postal voter” against the name in the electoral roll





· Pen, pencil, ruler, eraser, permanent markers, carbon papers, wax seal, party rubber stamp, torch light, 5 sheet of blank papers





· 10 copy of party protest letters





· EC name tag





· Letter of appointment as PA or CA or BA or all





· Form A on oath of secrecy





· Extract of duties and election laws





·





· Sample of accepted and rejected ballot papers





· 4 copies of Form 10, 10A and 11





· 2 copies of Form 13, 14, 15, 16, SPR 753, 754, 755, 757 and 764





Arrange transport to fetch every PACABA without own transport to and from the polling and counting station, if counting is at a place other that the polling station





Collect from Election Agent or the PACABA Coordinator the allowance packets for people on duty on polling day





Take care of PACABA in terms of foods and drinks in the said polling and counting station





Check with the Election Agent or the PACABA Coordinator, the counting place is not changed to another location 2 days before the day of polling (EC can change the counting station of any district at least 3 days before the date of polling by giving notice under Form 12A)
E(COE)R R.23A (3)
12A



Remind (through your PACABA Coordinator) the Election Agent to negotiate with the Returning Officer (RO) to allow the PA’s to jointly inspect the electoral rolls and ballot papers at the office of the Returning Officer one day before polling.





Arrange for your PA’s to inspect electoral rolls and ballot papers jointly with the KTM at the office of the RO at 9:00am one day before polling, if approved by RO.





Obtain from the PACABA Coordinator the list of names of KTM, kerani menyemak dafter pemilih at the Barung and Kerani Pengundian (KP) on duty at your polling station one week before polling day so that if it is overlooked, there is time to get it from the RO by the Election Agent.





Direct booth observers (4 maximum) to be stationed with EC clerks in their booth to ascertain each and every elector’s number and stream in the polling station. Every observer must work for at least 2 hours. The time slot of any observer who leaves in less than 2 hours will be kept empty and no replacement allowed.
EOA S. 26 A




Before polling start, check that the KTM has put up a notice (Form 8) stating the constituency, polling station, polling station number, polling hours etc in a conspicuous place in each polling district.
E(COE)R R.13 (1)
8



During the poll, check that there is a notice at the door to direct a voter how to mark and fold the ballot paper, how to obtain a replacement of ballot paper, that marking more than one candidate or making a mark that the voter can be identified will be void
E(COE)R R.13 (2)
2nd Sch



Check that the voter can mark his ballot paper out of the sight of any person and there is no hidden camera installed that can see the voter marking the ballot paper
E(COE)R R.13 (3)










Permit only eligible electors as stated on the electoral roll to vote on polling day to minimize phantom voters, double-voting by postal voters. Note that double-voting is an offence under EOA.
E(COE)R R.14EOA S3(1)(o)





Protest, and if necessary make police report, if any person during the polling and counting (normal, advance and postal) process commits the following offences:





· Forges or counterfeits or fraudulently defaces or destroy any ballot paper or the official mark on any ballot paper
EOA S. 3(c)




· Without due authority supplies any ballot paper to any person
EOA S. 3(d)




· Sells or offers to sell any ballot paper to any person or purchases or offer to purchase any ballot paper from any person
EOA S. 3(e)




· Not being a person entitled to be in possession of any ballot paper which has been marked with any authorized mark has any such ballot paper in his possession
EOA S. 3(f)




· Puts into any ballot box anything other than the ballot paper which he is authorized by law to put in
EOA S. 3(g)




· Without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station
EOA S. 3(h)




· Without due authority destroys, takes, opens, or otherwise interferes with any ballot box, ballot paper or packet of ballot papers in use or intended to be used for the purposes of an election
EOA S. 3(i)




· Votes at any election when he is not entitled to vote thereat
EOA S. 3(l)




· Obstructs or prevents a voter who is otherwise entitled to vote from voting at an election
EOA S. 3(n)




· Votes in an election at more than one polling station in the same constituency or a different constituency
EOA S. 3(o)




Protest, and if necessary make police report, if any EC officer, clerk, interpreter or other person during the polling and counting (both normal and postal) process commits the following offences:





· Permit any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons
EOA S. 4(b)




· Refuses to permit any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons
EOA S. 4(c)




· Willfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote
EOA S. 4(d)




· Willfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate in accordance with the provisions of such written law
EOA S. 4(e)




· Willfully counts any ballot paper as being cast for any candidate, which he knows or has reasonable cause to believe was not validly cast for such candidate
EOA S. 4(f)




To warn any person that is about to or has committed any of the offences under EOA S. 3 and 4 above, he shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both such imprisonment and fine and, subject to any specific provision to the contrary in any written law relating to any election, shall until the expiration of five years from such conviction, be incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction.
EOA S. 3 & 4




Ensure the Wakil Calon gives you a White SPR tag to enter the Main Tally Centre for final results to help in tabulation of results.