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Thread: FAQ: What is the penalty to a voter for applying with false address.

  1. #1
    Join Date
    Oct 2008

    FAQ: What is the penalty to a voter for applying with false address.

    SPR Secretary, Kamaruddin Mohamed Baria claims that: “The existing laws do not allow the EC to change the polling address of voters unless they request for it as stated under Clause 4, Article 119 of the federal constitution."

    He may have overlooked the Election Offences Act Section 3 (1) (a) which states:
    Any person who knowingly makes any false statement on or in connection with any application to be placed ...on any register of electors 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,...

    The offender even lose his voting rights for 5 years!

  2. #2
    Join Date
    Oct 2008
    Q: If a person discovers that he has been registered as a Postal Voter and the registered address is not his, what can he do?


    If a person finds that he has been registered, then go and vote!

    Reg. 12 of Election (Registration of Electors) Regulations require a qualified citizen to FORWARD his application to be a voter PERSONALLY to the Registrar.

    If any person had done it for him, then he may lodge a police report and approach the EC nearest to have the matter rectify. There is no provision or guideline available to the public on what to do in this case.

    Mat Zain Ibrahim's solution: Challenge the legality of the gazette, not the roll.

    It requires a State Govt with the resources to do it. Once electoral roll is gazetted, the electoral roll cannot be challenged in court but the process of the gazette itself can be challenged.

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