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Thread: T-PAG: Wakil Calon (Election Agent) SOP

   
   
       
  1. #1
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    T-PAG: Wakil Calon (Election Agent) SOP

    00 2A ELECTION AGENT (WAKIL CALON) SOP

    Part 1

    Amendment by py due to Advance Voting. For Wakil Calon only. 190413

    Law Form
    RUN-UP TO NOMINATION
    1 Qualification
    Citizen of at least 21 years old EOA S.13
    Not a bankrupt EOA S.13

    Not a criminal EOA S.13

    Not been convicted EOA S.13
    2 Appointment
    Appointed by the Candidate on nomination day EOA S.12
    Only one Election Agent can be appointed EOA S.12 (4)
    The presiding officer must be informed in writing of name and address of the Election Agent (No form) by the Candidate EOA S.12 (3)
    The Election Agent must make an oath of secrecy in Form A EOA S.5 (1) A
    · not to disclose to any person any information as to the name and number on the electoral roll of any elector who has or has not applied for a ballot paper or voted during polling EOA S.5 (2)
    · not to disclose to any person any information as to the number of votes obtained by a candidate during counting. EOA S.5 (4)
    The maintenance of secrecy for Election Agent also applies to every EC officers, polling and counting agents and booth observers. All have to make an oath of secrecy on Form A EOA S.5 (1) A
    3 Responsibilities of Election Agents
    Arrange for the candidate to be nominated by having two electors from the said constituency to be proposer and seconder E(COE)R R.4(4)
    Arrange for Form 4 (MP) or Form 4A (Adun) (Am.PU(A)113/2012 does not state no. of copies. Use triplicate to be safe.) to be signed by proposer, seconder, candidate and be witnessed. E(COE)R R.4(3) 4 & 4A
    Arrange for Statutory Declaration Form 5 (MP) or Form 5A (ADUN) to be signed by candidate in front of Commissioner of Oath or Returning Officer, and submitted to the Returning Officer between 9am and 10am on nomination day. E(COE)R

    R.4(7) & R.6(2)(c)
    5 & 5A
    Pay the sum of RM10k (MP) or RM5k (Adun) for the candidate from the date of notice of election to 10am on nomination day. E(COE)R R.5(1), R.6(2)(d)
    Extreme care to comply with R.7 to avoid rejection of nomination papers. RO’s decision cannot be challenged in court except under (EOA) S32(b) E(COE)) R.7

    See below for randomization explanation:

    A Wakil Calon may want to consider proposing to the Returning Officer to adopt randomization in their constituency. If adopted, it will guarantee the secrecy of voting and allay the concerns of the public about the secrecy of their vote. If not, leave it.

    It tells you the attitude of the EC towards voter secrecy.
    py

  2. #2
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    Some may have read about the police investigation of PY Wong on 19th Apr 2013 in Bukit Aman by ACP Sun Teoh Tia over the issue of randomization. fz.com, TheEdge, Malaysiakini.

    What is randomization?

    There are 3 forms of randomization raised so far:

    Type I: We proposed to the Parliamentary Select Committee (PSC) on Electoral Reform in Dec 2011 at a hearing (No. 2) in Kota Kinabalu that the EC implement randomization. Our version of randomization consisted of having 10 ballot papers torn from a ballot book, stamped and placed face down for a voter to choose at random. This proposal was also made to the EC at a briefing for Tindak Malaysia in Jul 2012.

    Type II: At the same PSC Hearing, the Deputy Chairman of the PSC was very enthusiastic and even suggested tearing the whole book for a voter to choose. TM had no problems with that.

    For both types, there was no suggestion that it was unlawful.
    The final report of the PSC did not include any recommendations of randomization. Excess ballot papers can be stamped spoilt at the end of polling so that accounting for the ballot paper issued is not compromised.

    Type III: A voter requests for a random paper to be issued to him under COE R19 (2).

    What are the governing laws and regulations? Election Offences Act (EOA) Section 5 Maintenance of secrecy at elections

    (6) Every person attending any proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain, and aid in maintaining, the secrecy of the voting and shall not without lawful excuse—

    (c) attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number on any ballot paper; or

    (7) Any person who contravenes any of the provisions of this section shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.
    py

  3. #3
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    Tindak Malaysia - training videos: WCVX01: Intro to SOP for wakil calon.



    Training materials:
    https://network.tindakmalaysia.com/faqve
    http://bit.ly/T-PAGPACABA1

    WCV01: intro to SOP for wakil calon


    MyDurianTv·41 videos
    Subscribe
    1,003

    LikePublished on 19 Apr 2013

    Training video for 'wakil calon' for GE13 (Malaysia's 13th General Election)

    To view the SOP, please click on this link:http://www.tindakmalaysia.com/showthr...









    py

  4. #4
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    00 2A ELECTION AGENT SOP Part II

    Amendment by py due to Advance Voting. For Wakil Calon only. Not for public. 230413

    Law
    Form
    4
    CAMPAIGN
    4a
    Police: COP
    Seek an audience with the COP immediately after nomination and before the making of the postal ballot papers, to do the following (including postal voters):
    · To obtain the names of the police officers on duty in each stream on normal polling day
    · To agree on the procedures to stop and/or arrest phantom voters, impostors, campaigning within 50 meters, buying and selling of ballot papers and leaving of polling station with ballot papers
    · To seek assurance from CPO that no police vehicle will be used to ferry voters into a polling centre
    4b
    Procedure & expenses
    Arrange the candidate, each polling agent, each counting agent, each booth observers, and political representative to make an oath of secrecy on Form A
    EOA S.5 (1)
    A
    Appoint the polling agent, counting agent, clerk, messenger, etc whether for payment
    EOA S. 14 (1)
    Make payment, advance and deposit for any expenses in the management of the election and to receive gift, loan, advance, or deposit on behalf of the candidate (Candidate not allow to handle)
    EOA S. 15
    Make sure no other person other than him or the candidate incur expenses on public rallies, advertisements, banners, publications, circulars. If he is aware of any person incurring the above, he must obtain a return (Form B) from that person within 14 days of after the publication of the election result in the Gazette.
    EOA S. 15A
    B
    4c
    Precautions on expenses
    Make sure all expenses above RM10k must be supported by either a bill or a receipt
    EOA S. 16 (1)
    Make sure all expenses claim must be received before the lapse of 14 days after the publication of the election result in the Gazette.
    EOA S. 16 (3)
    Make sure all valid claims received under S. 16(3) are paid within the next 14 days after the day of valid claim closed
    EOA S. 16 (5)
    An election agent may be remunerated
    EOA S. 17
    Make sure total expenses does not exceed RM200k fpr MP and RM100k for ADUN
    EOA S. 19
    Make sure that no payment is made for conveyance of electors to or from the poll, the rental of of house, land and building, for the exhibition of bill, notice or address.
    EOA S. 20
    Illegal to engage or employ with payment more than one election agent, one polling agent at any one time, one counting agent and a reasonable number of clerks and messengers
    EOA S. 21
    File return of election expenses in Form B with the state EC within 30 days after the publication of election result in the Gazette.
    EOA S. 23 (1)
    B
    The return Form B may be signed by the candidate or the election agent accompany by a statement of oath by the candidate (Form C) and the election agent (Form D)
    EOA S.23 (2)
    C & D
    4d
    Field operations A
    Must not allow the supply or use of loud speakers on any vessel, animal, motor car or truck or other vehicle for political propaganda on nomination day
    EOA S. 24A (1)
    Must not allow supporter to wait or loiter within 50 meters from the limit of the nomination center.
    EOA S. 24A (2)
    Must obtain police permit for all public meetings and public rallies during the campaign period
    EOA S. 24B (3)
    Must obtain a permit from state EC and paid a deposit of RM5k (MP) or RM3k (Adun) before display or distribute any campaign materials (flag, banner poster, handbill etc) to the public
    EOA S. 24B (4) & (6)
    Must not display or affix campaign material within 50 meters of any polling station during the campaign period
    EOA S. 24B (7)
    4e
    Field Operations B
    Must remove all campaign materials within 14 days after the polling day
    EOA S. 24B (
    On polling day, make sure no rally or the supply or use of loud speakers on any vessel, animal, motor car or truck or other vehicle for political propaganda
    EOA S. 26 (1) (a & b)
    On polling day, no booth to be set up by election agent
    EOA S. 26 (1) (c)
    On polling day, make sure no canvassing or check on any name. 50m polling limit applies to every polling station including long-houses if it used as one.
    EOA S. 26 (1) (e)
    Appoint not more than four persons to act as booth observers (every observer must work for at least 2 hours) as the booth is provided by EC.
    EOA S. 26 A
    Notify in writing to the State EC on nomination day the name/names of political representative in the Enforcement Team to patrol and monitor activities, bring down campaign materials and stop rallies without police permit
    EOA S. 27 F
    Protect the candidate’s interest at all times
    Act on behalf of the candidate and laise with campaign director
    Ensure source of finance and amount available for the whole election
    5
    Role of PACABA
    Recruit PACABA and arrange for PACABA training
    Appoint head of PACABA for each polling station
    5a
    Submit to RO: Prepare list of PACABA with name and IC number and submit to EC at least a day before polling. Barung Agent effectiveness reduced because the EC has published voter BIL and Saluran no. online at daftarj.spr.gov.my. Voter can bypass Barung.
    5b
    Key dates: Postal ballot paper issue – 22nd & 23rd Apr 2013.

    Overseas Postal Polling in missions – 28th Apr 2013,
    Advance Voting: 30th Apr 2013
    Normal Polling: 5th May 2013 up to 5pm
    Postal Polling Counting: Commence at 3pm, 5th May, 2013.
    5d
    For Ketua PACABA: Prepare list of PACABA on duties with name, IC number, mobile number and hours on duty of each PACABA and, the polling station and stream, the counting station and head of PACABA identified
    For KTM: Prepare a separate list of PACABA (+ barung agent) for the Head of PACABA to be given to the EC officer before polling starts showing only name, address and ic no. Put all the names in the DM for every saluran as a backup.
    Arrange the names on postal electoral roll to be checked against EC website for the elector number and stream, and mark them on the normal electoral roll for each stream and direct the PACABA to prevent double voting by postal voters
    Arrange for PACABA kits to be given to Head of PACABA for each PACABA
    · Copy of electoral role for the stream with marking for “postal voter” agaist the name in the electoral roll
    · Pen, pencil, permanent marker, ruler, eraser, wax seal, party rubber stamp, touch light, 5 sheet of blank papers
    · 5 copy of party protest letters
    · EC name tag
    · Letter of appointment as PA, CA or BA.
    · Form A on oath of secrecy
    · Extract of duties and election laws
    · Tally sheet for ballot paper issue, missing, spoilt and used.
    · Ballot papers booklet recording sheet (running record of issue)
    · Recording of ballot papers counted
    · Sample of accepted and rejected ballor papers
    · Sample Form 10, 10A, 11, 13, 14, 15, 16, SPR 717, 753 and 764, (For PACAPOS – 753, 754, 755, 757, 764P)
    Check with EC 3 days before the polling day if the counting place for a particular polling station has been changed (EC can change the counting station at least 3 days before the date of polling by giving notice under Form 12A)
    E(COE)R R.23A (3)
    12A
    Arrange for pay packets for people on duty on polling day
    Arrrange for transport, foods and drinks for people on duty on polling day
    5e
    Postal Polling: Must also be familiar with the SOP on Postal Voting PACABA since it is complicated and election agent or his appointed postal polling agent head, must be present in person throughout the whole process to ensure abuse of voting is minimized.
    6
    Election offences
    6a
    Protest, and if necessary make police report, if any person during the polling and counting (both normal and postal) process commits the following offences:
    · Knowingly makes any false statement on or in connection with any application to be placed on any register of electors
    EOA S. 3(a)
    · Forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged
    EOA S. 3(b)
    · Forges or counterfeits or fraudulently defaces or destroy any ballot paper or the official mark on any ballot paper
    EOA S. 3(c)
    · Without due authority supplies any ballot paper to any person
    EOA S. 3(d)
    · Sells or offers to sell any ballot paper to any person or purchases or offer to purchase any ballot paper from any person
    EOA S. 3(e)
    · Not being a person entitled to be in possession of any ballot paper which has been marked with any authorized mark has any such ballot paper in his possession
    EOA S. 3(f)
    · Puts into any ballot box anything other than the ballot paper which he is authorized by law to put in
    EOA S. 3(g)
    · Without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station
    EOA S. 3(h)
    · Without due authority destroys, takes, opens, or otherwise interferes with any ballot box, ballot paper or packet of ballot papers in use or intended to be used for the purposes of an election
    EOA S. 3(i)
    · Without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election
    EOA S. 3(j)
    · For the purposes of an election, manufactures, constructs, imports, has in his possession, supplies or uses, or causes to be manufactured, constructed, imported,supplied or used, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election
    EOA S. 3(k)
    · Votes at any election when he is not entitled to vote thereat
    EOA S. 3(l)
    · Prints any advertisement, handbill, placard or poster which refers to an election and contains a reproduction of a ballot paper, or of what purports to be a ballot paper, to be used or likely to be used at such election
    EOA S.3(m)
    · Obstructs or prevents a voter who is otherwise entitled to vote from voting at an election
    EOA S. 3(n)
    · Votes in an election at more than one polling station in the same constituency or a different constituency
    EOA S. 3(o)
    6b
    Protest, and if necessary make police report, if any EC officer, clerk, interpreter or other person during the polling and counting (both normal and postal) process commits the following offences:
    · Makes, in any record, return or other document which he is required to keep or make under such written law, any entry which he knows or has reasonable cause to believe tobe false, or does not believe to be true
    EOA S. 4(a)
    · Permit any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons
    EOA S. 4(b)
    · Refuses to permit any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons
    EOA S. 4(c)
    · Willfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote
    EOA S. 4(d)
    · Willfully rejects or refuses to count any ballot paper which ke knows or has reasonable cause to believe is validly cast for any candidate in accordance with the provisions of such written law. (This takes precedence over SPR Buku Panduan Undi Ragu.)
    EOA S. 4(e)
    · Willfully counts any ballot paper as being cast for any candidate, which he knows or has reasonable cause to believe was not validly cast for such candidate. (This takes precedence over SPR Buku Panduan Undi Ragu. In combination with COE Second Schedule, R25 (7) and (, CA can reject any mark outside the box reserved for voting, as purporting to indicate a voter’s intention.)
    EOA S. 4(f)
    · Is without reasonable cause guilty of any act or omission in breach of his official duty
    EOA S. 4(g)
    7
    To warn any person that is about to or has committed any of the offences under EOA S. 3 and 4 above, he 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, subject to any specific provision to the contrary in any written law relating to any election, shall until the expiration of five years from such conviction, be incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction.
    EOA S. 3 & 4
    py

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