Article in Malaysia-Today.
In the recent Sarawak State Elections held on 16 Apr 2011, there were disputes between the Pakatan Rakyat Candidates and the SPR. This centred mainly on the refusal of the SPR Presiding Officer (known as the Ketua Tempat Mengundi or KTM) to issue the Borang 14 Penyata Pengundian Selepas Pengiraan Undi (Form 14).
Why is this important?
For each counting station, Form 14 is the official statement of counting in that station and cannot be changed. If a PR candidate or his Counting Agent is unable to get a copy of Form 14 signed by the KTM, it is possible for the results to be changed and this has happened in the past, resulting in a loss for the opposition candidates.
3 samples of Form 14 are attached - English, Malay and a copy of an official count.
What if the KTM refuses to issue Form 14 to a Counting Agent?
There are rules and regulations governing the issue of this very important Form.
1. SPR Guide Book for Polling Agent, Counting Agent and Barung Observers: Buku Panduan Ejen Tempat Mengundi, Ejen Mengira Undi dan Pemerhati Barung.
Page 9, Clause 8.2: Satu Salinan Penyata Pengundian Selepas Pengiraan Undi (Borang 14) akan diberi kepada Ejen Mengira Undi. (A copy of Form 14 shall be issued to the Counting Agent).
What laws govern the KTM's conduct?
Refer to Election Laws published by International Law Book Servicesas at 1st Apr 2009 :
page 27, Election Offences Act 1954 (Act 5), Paragraph 4(g):
It means that the KTM is required by law to issue Form 14 to the Counting Agent."is without reasonable cause guilty of any act or omission in breach of his official duty,"
"shall be liable, on conviction, to imprisonment for a tem not exceeding two years or a fine not exceeding five thousand ringgit or to both such imprisonment and fine and,....."
There are other procedures binding the action of the KTM.
Election Law Book referred to above.
Elections (Conduct of Elections) Regulations 1981, page 138 Clause 25. Counting of votes by Presiding Officer, paragraph 12:
The Counting Agent must sign on Form 14 at the bottom of the form, below the presiding officer's signature, to prevent any unauthorised changes to Form 14 to favour any party!"12. Subject to paragraph (13), the presiding officer shall, immediately after the completion of the counting of the votes -
[Am. PU (A) 67/04] (a) announce to every candidate or his election agent or counting agent who is present the number of votes given to each candidate;
[Am. PU (A) 67/04] (b) prepare a sufficient number of copies of the statement of the poll in Form 14 in the First Schedule, which shall be certified by the presiding officer and signed by each candidate or his election agent or counting agent who is present and who desires to sign the statement of the poll, as follows -
[Am. PU (A) 67/04] (i) one copy, for the returning officer, shall be enclosed in a special enverope supplied for the purpose, affixed with a security tape which shall be signed by the presiding officer; and
(ii) one copy shall be delivered to each of the candidate or his election agent or counting agent as attend;
It is also important to remember that the Counting Agent depends on the Polling Agent to have ensured that the presiding officer fill up Form 13 properly, that it is signed by both the presiding officer and the Polling Agent, and that a copy of Form 13 (copied manually by the Polling Agent from the presiding officer's copy) is given to the Counting Agent for reference.
The number of ballot papers recorded in Form 13 will dictate how many ballot papers should appear in the ballot box during counting.
Last edited by lkings; 17th January 2012 at 09:25 AM.
Article in Malaysia-Today.
There is a friend asked me when the KTM refuse to sign on the Borang 14, what can CA do?
I means what can CA or how a CA do on the spot? Are we need to issue a Surat Bantahan to that KTM immediately? Or any others form which can protect the CA himself?
Practical way done in the past:
1. Make sure you have enough supporters waiting outside the gate of the Daerah Mengundi. Call for help if you need it. Ketua PACABA should be outside on standby.
2. CA block the door to prevent the ballot box from leaving the saluran until Form 14 is released to the CA. There are stories of CA hugging the ballot box, refusing to allow it to be taken to the Main Tally Centre.
Why is this important?
If the KTM uses force to remove the ballot box without issuing Form 14 to the CA, this will be a very serious offence and can cause a recall of election. No KTM will dare to create such a situation.
Ask your party before the elections what is their procedure. Each will have their strategies.
Yes, must issue Surat Bantahan. The wording is very important. Otherwise the election petition may fail on a technicality. Again, as this is a very important matter, refer to your political party for advice. I am not qualified to advise on this.
Form 14 Statement of the Poll After Counting the Ballots
Law book page 138:
(COE) R25 (12)(b): Presiding Officer (KTM) shall prepare sufficient original copies as follows:
(i) one copy for the Returning Officer to be enclosed in a special envelope supplied for the purpose, affixed with serurity tape which shall be signed by the presiding officer; and
(note: CA must sign on all the copies of Form 14 as well as the security tape to prevent unauthorised opening except by the Returning Officer in the Main Tally Centre!! Take phote of signature on seal and sms to Wakil Calon.)
(ii) one copy shall be delivered to each of the candidates or his election agent or counting agents as attend;
(note: Only CA who are present will get a copy. This is an original copy prepared by the KTM and not a carbon copy. If there are 3 candidates, KTM has to prepare four original copies, each to be signed by the KTM and all the CA's present should they chose to sign. If the CA does not sign, Form 14 is still valid as long as it has the KTM's signature. So refusal by the CA to sign is not an option. CA must insist on signing to prevent an unauthorised change of Form 14.)