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Thread: FAQ: Using Undue Influence to influence a voter.

   
   
       
  1. #1
    Join Date
    Oct 2008
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    FAQ: Using Undue Influence to influence a voter.

    A. If a Minister threatens a civil servant to vote for a particular party, what can you do?

    If Deputy Education Minister threatens to post teachers from P M'sia to Sabah/Sarawak if they vote opposition, what can we do? It is time we educate the public about Election Offences and how to use it to protect themselves.

    That
    is an election offence under Section 9 (1) of the Election Offences Act and he can be punished with imprisonment not exceed two years and fine between RM 1K - 5K. It is also a seizable offence.

    PART III CORRUPT PRACTICES
    9. Undue influence


    Undue influence

    9. (1) Every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces, or prevails upon any elector or voter either to give or refrain from giving his vote at any election, or who directly or indirectly interferes or attempts to interfere with the free exercise by any person of any electoral right shall be guilty of the offence of undue influence.

    Punishment and incapacities for corrupt practice

    11. (1) Every person who—

    (a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;

    (b) commits the offence of treating, undue influence or bribery;

    shall be guilty of a corrupt practice, and shall, on conviction by a Sessions Court, be liable, in the case referred to in paragraphs (a) and (b), to imprisonment for a term not exceeding two years and to a fine of not less than one thousand ringgit and not more than five thousand ringgit, and, in any other case, to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand ringgit. Offences under paragraphs (a) and (b) shall be seizable offences within the meaning of the Criminal Procedure Code.
    py

  2. #2
    Join Date
    Oct 2008
    Posts
    13,391
    If a printed media were to proclaim that it is a religious obligation to vote against a particular party, it is an offence under Section 9 (2) of the Election Offences Act.

    Section 9. Undue Influence: (2) A person shall be deemed to interfere with the free exercise of the electoral right of a person within the meaning of this section who induces or attempts to induce such person to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure.
    py

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