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Thread: SPR: EC can't drop 13,000 'doubtful' names in Sabah

   
   
       
  1. #1
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    SPR: EC can't drop 13,000 'doubtful' names in Sabah



    We will explain below (in blue) how the EC distorts the truth.

    EC can't drop 13,000 'doubtful' names in Sabah
    Bernama 6:55PM Mar 13, 2012

    The Election Commission (EC) has detected the names of 13,000 people in Sabah whose status as electors is doubtful but could not drop them from the electoral roll as this is against the law, the Election Commission (EC) said.

    <<<<<<<<<<<<<<<<<<

    There are two parts to the Election Laws and Regulations.

    Election Laws are drafted by Parliament.
    Election Regulations are drafted by the EC.

    The Law:

    Elections Act 1958 Section 15(2)(k) states:

    (2) Without prejudice to the generality of the foregoing powers the regulations may-
    (k) provide for the correction of clerical errors in any electoral roll;


    What does the Elections (Registration of Electors) Regulations 2002
    (ROE) say?

    PART Ill

    THE PRINCIPAL ELECTORAL ROLL

    10. The principal electoral roll.
    (1) (Omitted for clarity)
    (2) For the purposes of revision, the Registrar shall, every three months, prepared a list of the names of electors from the principal electoral roll who have died or have become disqualified for registration and the Registrar shall update the principal electoral roll by deleting the names of electors who have
    died or have become disqualified for registration.

    If there is an objection on an elector in the Principle Electoral roll, he cannot delete it immediately, but he can put the "suspect" voter on the Supplementary roll for public objection.

    He has power to conduct a public enquiry over names that are objected to.


    17. Public inquiry.

    (3) If such prima facie proof as aforesaid is given, the Registrar shall require proof of the qualification of the person in regard to whom the objection has been made, and-

    (a) if such person's qualification is not proved to the Registrar's satisfaction, shall expunge such person's name from, or, as the case may be, refuse to include such person's name in the supplementary electoral roll;

    The above procedures provide him with enough authority to remove the doubtful voters from the electoral roll.

    Here's more:

    ROE R25(2)(d) to (g) and especially (d) and (g) to remove the 13,000 plus doubtful voters in sabah.

    ROE 25(2)(d) striking out any superfluous entry in the principal electoral roll or the supplementary electoral roll;

    ROE 25(2)(g) striking out the name of any person who, in the opinion of the Chief Registrar, is not entitled,
    for any reason, to remain or be in the principal electoral roll or the supplementary electoral roll;

    The words "
    in the opinion" is a discretionary power given to him and "for any reason" under ROE R25(g) means he can remove any voter according to his wish and fancy.

    The issue is: Does he want to do it?

    >>>>>>>>>>>>>>>>>>>>>>>>>>

    Its chairperson Abdul Aziz Mohd Yusof said today that under the law, the EC is not allowed to drop the names of voters except on strong grounds.

    He said that so far no one, including the next of kin, had come forward to assist in confirming the status of these voters.

    “Even though we have displayed (the list of doubtful names) and sent the compact discs to political parties, we are still unable to trace them, most of whom are elderly citizens.

    “In a situation like this, we depend on the National Registration Department and the electoral roll review by Mimos Berhad, as suggested by the parliamentary select committee on electoral reforms, to clean up the list,” he told reporters in Kota Kinabalu after opening a briefing for returning officers and their deputies as part of the preparations for the 13th general election.

    In January, Abdul Aziz was quoted as saying that the commission would drop a total of 42,025 names (including 13,000 in Sabah) after finding that their records were doubtful.

    Phantom voter issues have been a hotly debated topic in the state, with several leaders in the state demanding for a royal commission of inquiry (RCI) on illegal immigrants and the alleged ‘Project IC’.

    Vote-counting to only begin at 4pm

    Abdul Aziz also announced that vote-counting process would only begin at 4pm for the polling centres which closed early.

    “In the previous election, the ballot papers were counted as early as noon at several centres including in the Kinabatangan and Pensiangan parliamentary constituencies in Sabah,” he said.

    The latest move was important, he said, to prevent the possibility of a result leak, and certain people using the information to launch a psychological war.


    “This is a new challenge for the EC in the era of the social media and speedy communication such as Facebook, Twitter and short messaging system,” he said.

    When asked whether the EC is proposing to ban the use of mobile telephones at vote-counting centres, Abdul Aziz said at the moment the commission has not made any decision to enforce such regulation.

    He also appealed to the people of Sabah who have reached the voting age of 21 to register as electors to make them eligible to vote in the coming election.

    He said that out of 1.19 million people in the state who are aged 21 and above, there are still 312,070 who have not registered as electors.

    “I am advising them to register quickly; there is still time because the electoral roll will only be gazetted in May,” he said.

    - Bernama
    py

  2. #2
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    Polls reform group wants RCI on phantom voters nationwide


    By Shazwan Mustafa Kamal
    March 15, 2012

    KUALA LUMPUR, March 15 — Putrajaya needs to set up a royal commission of inquiry (RCI) to investigate reports and allegations of a sudden influx of voters in some parliamentary constituencies, a polls reform group said today.

    Tindak Malaysia said the government could not ignore the issue of phantom and dubious voters, and that the Election Commission (EC) had been too slow to respond to the matter.

    The group said in a statement that there have been reports of cases such as 30,000 newly registered voters in Subang and 13,000 in Sabah, and that this sudden increase raised suspicions of phantom voters in the electoral roll.

    “Is it true that foreigners have been given citizenship in return for a vote for Barisan Nasional? What is the real story behind Project IC in Sabah? How serious is the problem in Peninsular Malaysia?
    “What has gone wrong and who are responsible for the issuance of citizenship to foreigners?” said Tindak Malaysia founder Wong Piang Yow.

    Prime Minister Datuk Seri Najib Razak has remained coy on the status of an RCI to look into the problem of illegals in Sabah, only saying ambiguously that the matter is still under consideration.
    Wong said the National Registration Department (NRD) could play a part by opening its database to the public to verify the integrity of the electoral roll.

    Alternatively, he said, the NRD should publish a monthly “supplementary citizen list” to identify newly registered citizens in order to act against the alleged influx of illegal immigrants who have been given citizenship.

    Yesterday, PKR vice-president Fuziah Salleh claimed proof to some 3,950 voters nationwide being registered as military and police voters, and that some of the voters were more than 30 years old.
    Tindak Malaysia together with Bersih 2.0 submitted a list of proposed amendments to the Parliamentary Select Committee (PSC) on electoral reforms last year.

    The Malaysian Institute of Microelectronic Systems (Mimos), an agency under the purview of the Ministry of Science, Technology and Innovation, in its report to the committee on February 14 revealed some 200,000 names of “dubious” voters.

    py

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    Thousands removed, added to electoral roll without gazette, says PKR veep

    UPDATED @ 02:12:18 PM 15-03-2012
    By Yow Hong Chieh
    March 15, 2012

    KUALA LUMPUR, March 15 — The Election Commission (EC) must explain why thousands of deletions and additions to the electoral roll made in the first three quarters of last year were not gazetted, Fuziah Salleh said today.

    The PKR vice-president alleged that during that period, 106,255 voters were taken out of the roll while 6,705 were added with no display or gazette every quarter, as required by law.

    Fuziah claimed the EC ‘add names as they like, they cut names as they like’. — File pic

    “The EC must gazette. They cannot just go and delete names. That is illegal,” the Kuantan MP told reporters in the Parliament lobby here.“This is a very grave, serious matter that EC is involved in... They don’t follow procedure. They add names as they like, they cut names as they like.”

    Also present were Batu MP Chua Tian Chang and Gopeng MP Dr Lee Boon Chye.
    Fuziah pointed out that a few hundred voters added and lost would make a “big difference” in constituencies that were won with only a small margin of votes, saying that an audit should be done on the EC’s system.

    She alleged that it was possible the EC was not aware of changes made to the electoral roll as a “remote system” may have access to the commission’s database.

    Electoral reform NGOs must continue to scrutinise the electoral roll for anomalies because it was not PKR’s responsibility to be checking it, she added.

    “We have other things to do but we have no choice because they are lying all the time,” he said.
    A February 14 report by the Malaysian Institute of Microelectronic Systems (Mimos) to the parliamentary select committee on electoral reform revealed some 200,000 names of “dubious” voters.

    A polls reform group today called for a royal commission of inquiry to be set up to investigate allegations that there has been a sudden influx of voters in some parliamentary constituencies.
    Tindak Malaysia said the EC has been too slow to respond to the matter and that the government could not ignore the issue of phantom and dubious voters.

    There have been reports of 30,000 newly registered voters in Subang and 13,000 in Sabah, which have raised suspicions of phantom voters in the electoral roll.

    Yesterday, Fuziah claimed she had proof of some 3,950 voters nationwide being registered as military and police voters despite the fact that many were too old to have joined either organisation.
    py

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    EC cuts and adds names as it wishes, claims PKR
    Leven Woon 1:56PM Mar 15, 2012

    The Election Commission (EC) removed 120,000 voters from the electoral roll and added 6,705 names to it without going through the required procedures of public display and gazetting, the PKR claims.

    The EC removed the names from the latest electoral roll published in September last year, Kuantan MP Fuziah Salleh told a press conference in the Parliament lobby today.

    "It claimed the names to be that of voters who have died, but it never displayed these names in the quarterly update. How do we know they are really dead?" Fuziah asked.

    She said the discrepancies were found when PKR compared the electoral roll released in December 2010 with that issued in September 2011.

    Of the 120,000 names removed, she said, 106,000 were that of ordinary voters while the other 15,122 were postal voters.

    "When we asked (EC) to remove 10,000 ineligible voters in Sabah from the roll, it refused. But now it is removing names in other places.

    "This is a clear attempt to manipulate the electoral roll," Fuziah said, referring to the ineligible voters issue raised by PKR last year.

    The country's election law requires the EC to update the electoral roll every three months and to display a quarterly draft supplementary electoral roll.
    Skipping procedures is highly unacceptable

    The draft contains the update on the newly-registered voters, voters who have changed their residing addresses and voters who have deceased and is put on one-week public display at the end of each quarter.

    Members of the public can raise their objections to the names during the display period, before the draft is gazetted and used in the next general election.
    Fuziah said any attempt to skip the rightful procedure to amend the electorate roll would be highly unacceptable.

    She expressed fears that the election results of certain opposition-held constituencies would affected if this trend continued.

    “Some of our seats were won on a majority of only 1,000 votes. If they suddenly remove 600 voters, what will happen to the result?” she asked.

    The PKR vice-president, also called on the government to engage an independent body to inspect the EC’s operations.

    “I afraid there is a ‘System B’ in the EC to add and remove names without following the established procedures,” Fuziah added.

    py

  5. #5
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    EC can clean up Sabah roll if it’s willing

    K Pragalath March 16, 2012

    An election watchdog rejects the commission’s explanation that it is hamstrung by the law.

    PETALING JAYA: If it has the will, the Election Commission (EC) can find a way to ensure the integrity of the electoral roll in Sabah, according to election watchdog Tindak Malaysia.

    The group’s founder, Wong Piang How, today rejected EC chairman Abdul Aziz Mohd Yusof’s recent explanation that the law prevented the commission from taking action in the case of 13,000 dubious voters in the East Malaysian state.

    “Does he want to do it?” he said in reaction to Abdul Aziz’s statement that the EC could not drop those names from the roll “except on strong grounds”.

    Wong said the EC should have put those names on a supplementary roll and displayed them for public scrutiny and objection.

    “If there is an objection on an elector in the principal roll, he cannot delete it immediately, but he can put the suspect voter’s name on the supplementary roll for public objection,” he said.

    “He also has the power to conduct a public inquiry over names that are objected to. All of this is provided for under the Elections (Registration of Electors) Regulations of 2002.”

    Wong quoted Section 17 (3) (A) of the regulations, which reads:

    “If [a] prima facie proof … is given, the Registrar shall require proof of the qualification of the person in regard to whom the objection has been made, and … if such person’s qualification is not proved to the Registrar’s satisfaction, [he] shall expunge such person’s name from, or, as the case may be, refuse to include such person’s name in the supplementary electoral roll.”

    According to Wong, the procedures mentioned in the section imply that the EC chief has “enough authority to remove the doubtful voters from the electoral roll.”

    He also said that Section 25 (2) (d) allowed the EC to strike out any superfluous entry in the principal entry roll and Section 25 (2) (g) allowed it to strike out the name of any person not entitled to remain in the principal or supplementary electoral roll.

    py

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