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Thread: PSC: Press briefing on proposed electoral reforms by BERSIH 2.0/Tindak Malaysia

   
   
       
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    PSC: Press briefing on proposed electoral reforms by BERSIH 2.0/Tindak Malaysia

    The following is a simplified model of the electoral system in Malaysia. It is presented as a mental model to help readers to see it in a pictoral form.

    Malaysian Electoral System
    py

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    PSC Press Briefing No. 2, 21st Mar 2012 Parliament House





    PY Wong, Tindak Malaysia Founder, briefing the press in Parliament House, Kuala Lumpur on 21st Mar 2012.

    SPR must proceed with redelineation. If they cannot do it, BERSIH 2.0 and Tindak Malaysia can do it in 6 months with the 2003 budget that SPR used in their redelineation exercise.
    py

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    PRESS RELEASE 21ST MAR 2012


    BERSIH 2.0 AND TINDAK MALAYSIA:
    PROPOSED REFORMS TO THE ELECTORAL SYSTEM

    FOR IMMEDIATE RELEASE

    Kuala Lumpur, March 21, 2012 (Wednesday) Bersih 2.0, a coalition on free and fair elections, and Tindak Malaysia, an election reform movement, submits a second memorandum to the Parliamentary Select Committee on Electoral Reforms (PSC). This is a follow-up to our first memorandum submitted on March 6, 2012.

    Our first memorandum covered 18 Proposed Amendments to the Election Acts, namely:

    Elections Act 1958 (5 amendments) - EA
    Election Offences Act 1954 (10 amendments) - EOA
    Election Commission Act 1957 (3 amendments) - ECA

    For completeness, we are including them in this submission also. Further amendments have been made to reconcile them with proposed amendments to the Regulations.

    This round we are proposing amendments to the Election Regulations, namely:

    Elections (Conduct of Elections) Regulations 1981 - COE
    Elections (Registration of Electors) Regulations 2002 - ROE
    Elections (Postal Voting) Regulations 2003 - PV
    Elections (Postal Voting) Regulations 2003 by MyOverseasVote UK.

    We are also proposing to create of two new regulations for consideration by the PSC

    Elections (Advance Voting) Regulations 2012 - AV,
    Elections (Distance Voting) Regulations, 2012 DV.

    We wish to point out that there is considerable overlap between the 2 new proposals (AV & DV) and the proposed amendment to Postal Voting by MyOverseasVote UK. Further discussions with the PSC and the EC are required to decide which proposal is best and most practical.



    We have identified many weaknesses in the Election Regulations that need to be tightened up to create an environment for:

    • Free and Fair Elections
    • A transparent electoral process
    • Greater public confidence in the Election Commission as provided for in the Federal Constitution.


    Overview of Proposed Changes

    1. To ensure the electoral list is free from phantom voters and is independently maintained:
    Appointment of Registrars after nomination by professional bodies and civil societies. EA Section 8. (Current procedures in the Registration of Electors Regulation 25(2), permits the Chief Registrar to strike out superfluous and dubious names of any person from the principal electoral roll or the supplementary electoral roll. Yet the Election Commission keep insisting they have no powers to do so.)

    2. To ensure election campaigns are fair:
    Appointment of Returning officers and enforcement officers after nomination by professional bodies and civil societies. EA Section 3

    3.To ensure that polling day is conducted fairly and independently:
    Appointment of half of presiding officers after nomination by professional bodies and civil societies. COE Regulation 12

    4. Enable all Malaysians to vote:
    Automatic registration upon citizen reaching 21 ROE Regulation 2.

    To allow 1 million Malaysians working overseas postal votes , currently disenfranchised.

    Malaysians working in other states and cannot return to their home states to vote. For example : Almost 200,000 East Malaysians working in W Malaysia are disenfranchised to work as they are working in W Malaysia. Many cannot afford to return and neither is there enough flights to enable them all to go back to vote.

    5. More transparent elections (not secretive and open to abuse):
    Advanced voting for all service personnel ie army, police etc

    6. Reduce fraud during voting:
    Voting procedures have been improved for greater transparency and accountability.
    Form 13 and 14 (tally sheets) have to be signed by presiding officers and agents
    Ballots are counting according to serialised numbers.
    Use of indelible ink to prevent double voting
    Restrict documents of identification to safer NRD identification with photo. And to forbid use of driving license and haj cards.


    7. Help for small parties and independent candidates:
    To provide a more level playing field for the small parties and independent candidates, we propose:

    1. a minimum campaign period of 30 to allow them to stretch their resources,
    2. Ban on advertising in private mainstream media,
    3. Govt media to be shared proportionately among all parties


    30 day campaign period will allow all postal votes to be returned in good time.

    8. Malapportionment:
    We also wish to address the serious issue of gross seat disparity. Based on the GE 12 electoral roll, Kapar Parliamentary Constituency, for example, has 17 times the number of voters compared to the smallest seat, Putrajaya Parliamentary Constituency. The Election Commission Chairman has claimed that he does not have the resources to conduct a redelineation exercise, which constitutionally, he could have done after Mar 2011. To come up one year later with such a weak excuse is very disappointing. If they had been serious, they could have completed it by Dec 2011.

    To help the Election Commission, BERSIH 2.0 and Tindak Malaysia is ready to conduct a nationwide redelineation exercise, provided all the necessary mapping and population information is made available to us. We can do this in 6 months upon receipt of such information and according to the budget expended by the Election Commission during their last redelineation exercise in 2003.

    Attached is a sample of our work for Selangor. It has to be refined to take into consideration administrative boundaries such as local councils and geographical factors. The point is, it is not that difficult given the political will to do it.

    If Parliament is not dissolved before Mar 2013, it will be possible to use the new boundaries for the next General Elections. Is the Government and the Election Commission prepared to take up our challenge? We hope for the sake of the nation, they will.

    Conclusion:
    We note that things at the EC have got much worse after our rally on 9th Jul 2011. There are hundreds of thousands of suspicious voters added to the electoral roll. We have serious concerns about the competence and impartiality of the EC and wish to put them on notice that if we dont see a dramatic improvement in their performance, we may be forced to consider more drastic measures to put our points across.

    In line with our proposals for more active participation by the people in the electoral process, we call for volunteers to be trained as Returning Officers and Presiding Officers.

    Recommendations:

    • RCI on the National Registration Dept to investigate how citizenship has been granted since 1985.
    • RCI on the Election Commission and how the Electoral Roll was prepared since 1985
    • Future appointment of Election Commission should be drawn from civil society and exclude current or previous members of the civil service, GLC employees, political parties.
    • Election Commission to make provision for citizens with disabilities or senior citizens in nursing homes to vote at their residence.


    BERSIH 2.0 Tindak Malaysia
    Dato Ambiga Sreenevasan Wong Piang Yow
    Co-Chairperson Founder

    Contact for more details:

    13, Lorong 4/48E, 46050 Petaling Jaya
    Selangor, Malaysia
    Tel: +603 77723275
    Fax: +603 77844978
    Email: info@bersih.org
    URL: www.bersih.org




    SCHEDULE A
    Elections Act [EA]

    1. S3(2): Appointment of officers from members of professional bodies and independent civil societies involved in electoral reform, instead of from civil service and are not members of political parties. Apply to Secretary, State Election Officers, Returning Officers and their deputies and assistants.
    2. S4: Technical Advisor
    3. S8(1A) Appointment of officers from public instead of from civil service and are not members of political parties. Apply to all categories of Registrars & Adjudicating Officer. Nominated by professional bodies and independent civil societies involved in electoral reform.
    4. S9A. Electoral roll can be challenged in court.


    Election Offences Act [EOA]

    1. S2. Approved company auditor to audit election expenses.
    2. Counting Agent & polling agent operating overseas.
    3. S3(p). offence to shift electors without consent of elector.
    4. S3(q). Indelible ink procedure.
    5. S4. Offences by Election Officers: Immediate suspension by EC for breach upon complaint.
    6. S5(8.) Communication among candidates and his agents is permitted.
    7. S6(5), S11(4), S27(3). Offences against this part. Public Prosecutor to report within 8 weeks to the EC and complainant on status of complaints.
    8. S19. Campaign expenses to include political party expenses. Campaign limit raised to RM600,000 for Dewan Rakyat and RM300,000 for Legislative Assembly.
    9. S24B. Candidate or agent not required to apply for police permit for ceramah. Only give prior notice.
    10. S24B (6A). Free advertising and air-time for all candidates on government media in proportion to number of candidates standing.
    11. S24B (6B). To help the smaller parties and independent candidates, election campaign material does not include advertising in private MSM.
    12. 25A. Employers to grant unpaid leave to staff to help in election campaign.
    13. 26A(1). Booths shifted outside of polling centre at the gate.
    14. 26A(1A). Equip with MyKad reader to verify status of electors.
    15. 26A (1B). Voters and doubtful ones without MyKad have to produce a photo for Form 11.
    16. S26A (4) and (5). Increase no. of booth observers and equipment allowed in.
    17. S41. Rejection of ballot paper by RO is not final


    Conduct of Elections [COE]

    1. R2: EC not to have power to decide on status of political party,
    2. R3: Polling day extended to 30 days after nomination day
    3. R4: Deposit of Parliamentary candidate reduced to RM 5,000 and State Assemblyman reduced to RM 2,000 to make it more affordable for the Rakyat to contest.
    4. R5: Candidates can challenge ROs decision on nomination papers.
    5. R6. Nomination day extended to 2 days plus 1 hour on 3rd day.
    6. R7(5). Objection to nomination papers. Returning Officers decision subject to court challenge.
    7. R12(2A) Appointment of presiding officers: From the public who are not members of political parties or members of any of the public services and nominated by professional bodies and independent civil societies involved in electoral reform.
    8. R12A. Appointment of other officers and staff. Non civil-service or office bearers of political parties.
    9. R13. Facilities at polling centres and stations. Layout to be prescribed by EC. Candidates and agents allowed to bring mobile devices, recording devices and computers into the centres.
    10. R13(4) Election shall not be questioned for non-compliance with provisions of paragraph 3 is deleted.
    11. R14A. RO shall issue complete set of electoral roll to candidates including absentee voters at time of last gazette.
    12. R14A(3) Advance voters list to be issued not later than 7 days before polling day. Apply to SPR staff and candidates/agents only.
    13. R15(1). Admittance to polling station. RO authority to issue voting letter is deleted.
    14. R18A. Check receipt of ballot papers, fill Form 13A, sign and make a copy for the candidate/agents.
    15. R19(5A & 5B). Randomization of ballot papers.
    16. R19. Copy of Form 10 to be extended to candidate/agents.
    17. R20(1A) Form 11 require photo of voter.
    18. R20(1B). Voter must prove identity. Current practice: A voter in purdah only need to fill Form 11 without showing face as per EC Buku Panduan for ejen tempat mengundi.
    19. R23. All polling stations in Malaysia shall have the same closing time.
    20. R24. Close of poll: Form 13B. Presiding officer shall issue a copy to candidate/agent. All counterfoil of ballot paper and voter roll shall be inspected to ensure no marking to match voter with ballot paper.
    21. R24(2) Counting immediately deleted. Presiding Officer shall provide facilities for candidate/agent to accompany ballot box.
    22. R24(3) Failure by PO to comply is an offence.


    R25. Counting of votes by presiding officer.

    1. R25(1)(b). PO cannot block counting agent whose name and address has been notified.
    2. R25(2A) EC members cannot interfere in the proceedings.
    3. R25(3) Serialization of ballots before counting to eliminate unqualified ballot papers not complying with serial nos shown in Form 13B.
    4. R25(5) Third Schedule deleted.
    5. R25(7) Ballot paper without serial nos shown in Part B of Form 13B shall be rejected.
    6. R25(8.) Validity of ballot paper dictated by Second Schedule.
    7. R25(12) Form 14 and 14A shall be issued by PO to candidates/agents.
    8. R25(14) recount by PO once only.
    9. R25A. Refer to Forms 13A and 13B.
    10. R25(4) For transport by air or water, PO shall arrange appropriate facilities for candidate/agents to accompany the boxes.
    11. R25D(3). EC members shall not interfere.
    12. R25D(5). Form 16 to be backed with a tally sheet. To be signed by candidate/election agents as well as PO. PO to prepare signed copy for candidate/election agents.
    13. R25D(5A). Recount of Tally sheet obligatory for PO if requested by candidate or his agent with due cause.
    14. R25E(1). Disposal of ballot papers within 60 days of expiry of holding period. Seals may be signed by candidate/agents including using own security seal.


    Registration of Electors [ROE]

    1. R2. Absent voter includes (g) overseas Malaysians, (h) Sabah and Sarawak electors residing in West Malaysia, (i) West Malaysians residing in East Malaysia.
    2. R5. Automatic voter registration.
    3. R6(3). Procedure for correcting clerical errors to prevent abuse.
    4. R10 (1A) & (1B) Principal electoral roll shall include all details in NRD ID, military ID, Police ID or other official ID for same elector. Postal or absent voters shall have their names crossed out in the principal electoral roll and shown separately in a postal/absent voter roll.
    5. R10(2) Supplementary electoral roll to be issued every 2 months.
    6. R12. Transfer of registration every 2 months.
    7. R12(1)(b) Elector can choose any locality within same State Constituency
    8. R13. Objection period extended to 30 days
    9. R13(5A) Electors who are shifted out of their original locality shall be informed by post.
    10. R15. Objection to supplementary electoral roll any elector can object and no limit to number of electors objected against.
    11. R15(4) No objection fee to be levied.
    12. R17(3)(c) & (d) Penalty to be applied to EC officers guilty of mal-allocation of electors. Electors who are inconvenienced by such malpractice to be compensated RM 200.
    13. R20(4). Decision on appeal by Adjudication Officer can be challenged in court.
    14. R25. Chief Registrar may correct clerical errors subject to public scrutiny.
    15. R25(6). Changes to the roll shall be published for public scrutiny and objection for 30 days.
    16. R28. Sale of electoral roll make it affordable to the public to encourage the public to help verify integrity of the electoral roll.
    17. Form A modified for transfer of registration only.
    18. Form AA added for postal voting.


    Postal Voter [PV]

    1. 3A. Only armed forces at the border and navy personnel at sea are considered as postal voters.
    2. R12. EC shall provide adequate campaign period for postal voters to reach the voter and come back.
    3. R13. Envelopes received after 5pm on polling day shall be rejected.
    4. R18. More than 1 ballot paper in envelope. Both reject.
    5. R20. RO shall make copies of all forms to candidate/agents.


    Advance Voting [AV]:
    To cater for:
    Absentee voters: Military, All Malaysians overseas
    West Malaysians in East Malaysia,
    East Malaysians in West Malaysia
    Police
    (Note: MyOverseasVotes have proposed postal voting for all overseas Malaysians with embassies acting as regional Tally Centres. This is better than our proposal and we are happy to accept it.)

    Distance Voting [DV]:
    To cater for voters who are:
    Not overseas and 250 kilometers away from his constituency on polling day; and
    not registered as a postal or advance voter.

    Postal Voting for Overseas Malaysians (proposed by MyOverseasVote UK)
    To cater for overseas Malaysians and Malaysian embassies to serve as Regional Tally Centres. Postal votes shall be posted to such centres and counted there.
    py

  4. #4
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    Files 4 to 8

    4 COE - Elections (Conduct of Elections) Regulations 1981 (20th Mar 2012).track-final
    5 ROE - Elections (Registration of Electors) Regulations 2002 (20th Mar 2012).track-final
    6 PV - Elections (Postal Voting) Regulation 2012 (20th Mar 2012).track-final
    7 AV - Elections (Advance Voting) Regulations 2012 (20th Mar 2012).track-final
    8 DV Elections (Distance Voting) Regulations 2012 ch OS 20 mar
    py

  5. #5
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    PRESS STATEMENT
    MY OVERSEAS VOTE (MOV)
    21 MARCH 2012

    The Parliamentary Select Committee on Electoral Reform
    Should Instruct the Election Commission to Implement Postal
    Voting with Safeguards with Immediate Effect

    Since October 2010, MyOverseasVote has been campaigning for all Malaysians
    overseas to be given the right to vote by post. On 25 August 2011, the Election
    Commission (EC) chairman promised to extend postal voting to all Malaysians
    living overseas. On 1 December 2011, the Parliamentary Select Committee (PSC)
    on Electoral Reform recommended that all Malaysians overseas be given the
    right to vote by post by extending the definition of postal voter. These
    recommendations were accepted in full by the Dewan Rakyat.

    In our view, the problem is not with postal voting per se, but with flaws in the
    existing postal voting process.

    For too long, postal voting in Malaysia has not operated as the law intended.
    Instead of being sent directly to entitled 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. Instead of being allowed to
    mark their votes in secret, armed forces postal voters have had to mark their
    ballot papers in front of their military superiors, thereby putting them in fear that
    their votes would not be secret. Over time, postal voting in Malaysia has become
    synonymous with fraud and unfair balloting.

    But there is certainly a place for postal voting in a modern electoral system. Not
    all Malaysians overseas live in the vicinity of a Malaysian embassy or consulate:
    for example, between the Malaysian high commission in Ottawa and the
    consulate-general in Vancouver is a distance of over 4,500 km. Overseas postal
    voting used by at least 40 countries worldwide, including Canada,
    Australia, Canada, New Zealand and the United Kingdom. In the Malaysian
    context, postal voting would require at least 4-5 week campaigning period in
    between nomination and polling days, in order for postal ballots to be sent out
    and returned by post, unless practical measures are taken to speed up the
    despatch and collection of postal ballots.

    MyOverseasVote believes that overseas postal voting is practicable as long as
    certain mechanisms and safeguards are put in place. On 16 December 2011,
    MyOverseasVote gave a presentation to the PSC outlining the safeguards that we
    proposed in order to implement overseas postal voting. In particular,
    MyOverseasVote proposed that each political party and independent candidate
    should be allowed to appoint overseas election agents to witness the postal voting
    process at each embassy/consulate, and that all postal ballot papers:

    - should be sent by diplomatic pouch to the relevant embassy/consulate and then
    forwarded to postal voters by local post or courier in the presence of the overseas
    election agents,

    - should be returned by postal voters to the same embassy/consulate by post,
    courier or in person and there placed into sealed ballot boxes which have been
    signed by the overseas election agents,

    - should be counted at the same embassy/consulate in the presence of the
    overseas election agents once the deadline for the return of overseas postal
    ballots had passed.

    As postal ballot papers do not need to be returned in person, it is not necessary
    that every Malaysian embassy or consulate be used for the postal voting process.
    For example, the Malaysian high commission in London could be used to
    despatch, collect and count all postal votes for Western Europe, as airmail within
    Western Europe only takes 3 working days.

    In order to facilitate counting, we recommended that the deadline for the return
    of overseas postal votes be up to two days before polling day in Malaysia. We
    proposed that 27 ballot boxes would need to be prepared in each
    embassy/consulate, i.e. for State elections in the 13 States and for Parliamentary
    elections in the 13 States plus the Federal Territories. Because postal ballot
    papers are sealed in an envelope, 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 a spreadsheet form and returned to the EC in Malaysia by
    fax.

    MyOverseasVote even drafted and presented to the PSC and to the EC the
    amendments to the election regulations that were necessary in order to put this
    system into operation. Our submissions and draft regulations are available online
    at http://myoverseasvote.files.wordpres...011/12/psc.pdf .

    Seven months has passed since the EC Chairman first announced the extension
    of overseas postal voting to all Malaysians, and three months has passed since the
    Dewan Rakyat accepted the PSCs proposal to put the overseas postal voting for
    all Malaysians in place. We urgently call upon the PSC now to instruct the EC to
    make the necessary amendments immediately in order that this system can be
    implemented at the next general election.

    END.
    py

  6. #6
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    The last file is the proposed amendment to the Postal Voting Regulations submitted by MOV. Excellent proposal.

    Basic idea is to have regional Tally Centres in the overseas embassies to distribute, receive and count postal votes for overseas Malaysians.

    Not uploaded.

    py

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    凈選盟等促遴委會設皇委會召開選民冊聽證會



    2012-03-22 09:24
    再益卡瑪魯丁(右)和黃炳耀(右2)提呈選舉改革備忘錄給選舉改革國會遴選委員會,由拉西(左2)和陸兆福 (左)接領。(圖:星洲日報)

    (吉隆坡21日訊)凈選盟2.0及大馬行動組織(Tindak Malaysia)今日建議選舉改革國會遴委會成立皇家調查委員會,就國民登記局於1985年起頒發公民權 和選委會如何準備選民冊事件召開聽證會。
    兩個組織代表今日在國會提呈第三份選舉改革備忘錄給選舉改革國會遴選委員會,由遴選會成員拿督斯里拉西和陸 兆福接領。
    【世華‧奇聞】巴西罪惡之城邀蝙蝠俠夜間巡邏,助警方打擊罪行!

    選改備忘錄提多項建議
    大馬行動組織創辦人黃炳耀指出,第三份選舉改革備忘錄提出多項建議,包括修改選舉條例,涵蓋登記選民、郵寄 選票、提前投票、清理選民名冊等課題。
    他指出,他們也建議政府未來在遴選選委會人選方面,有一半人選是來自公民社會,不應完全是自公 務員。
    我們提這項建議的目的是確保選民名冊是乾凈、透明及備具公信力。
    他向政府獻議以協助劃分選區工作,並可利用6個月時間協助選委會重新劃分選區,以及研究國會選區間選民人數 懸殊的問題等。
    另一方面,凈選盟2.0委員再益卡瑪魯丁指出,凈選盟成員將於4月12日參與由反稀土組織綠色盛會主辦的 綠黃3.0大集會,但不會以凈選盟2.0的名義參與,而是以支持者身份參與。
    (星洲日報)
    py

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    Oriental Daily News

    日期: 2012年3月23日

    查選委會運作 2組織吁設皇委會

    (吉隆坡21日訊)淨選盟與大馬行動組織(Tindak Malaysia)二度向國會遴選委員會呈交備忘錄,要求成立皇委會調查國民登記局自1985年來如何頒發 公民權、選委會的運作,以及選民民冊事宜。

    大馬行動組織創辦人黃炳耀表示,成立皇委會的用意是調查自1985年來選舉委員會的運作過程,以及選民冊的 製作。

    應由公民社會當委員

    他指出,日後的選委會委員應由公民社會代表組成,並避免讓退休公務員、政府官聯公司高層和政黨人士成為委員 。

    他在國會走廊召開記者會時指出,這次的備忘錄包括,修改《2012年選舉條例(進階投票)》以及《2012 年選舉條例(遠距離投票)》的內容。

    他現場展示新選區地圖說:「我們根據每個選區選民人數不能有15%差距的原有憲法,重新劃分了雪州的選區。 」

    「若選委會說他們沒有能力做好,給我們(財政)預算和6個月時間,我們願意幫他們做。」

    「去年5月他們說他們已經在進行,過了10個月他們說沒有資源無法完成。這種藉口是不能被接受 的。」

    他表示,他們發現709淨選盟大集會後事情變得更嚴重,目前有數十萬幽靈選民被加入選民冊內。

    「我們對選舉委員會的能力與公平態度存疑,若未獲得顯著改善,或許我們必須採取更激烈的手段,以達到這目的 。」
    py

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