PACABA stands for Polling Agent, Counting Agent and Barung Agent.

BM term is Ejen Tempat Mengundi (ETM), Ejen Mengira Undi (EMU), Pemerhati Barung.

Who appoints me?

EOA 14(1)(a): By Wakil Calon or election agent.


How does he do it?


  • EOA 14(1)(c): Inform the Presiding Officer (KTM) in writing of your name and address. No ic no. required but good practice to include together with copy of ic.
  • EOA 14(1)(d): Inform the Returning Officer (RO) in writing of your name and address.
  • Issue you a Surat Lantikan (Appointment letter). He may issue a standard letter covering a group of names.



When does he have to do it?

No time limit stated. COE R15(5) merely states that you cannot enter a polling station until you have notified the presiding officer in writing. It can be as late as 5 minutes before you enter the polling station. By convention, the KTM is given a list before 8am in the morning. This is convention, not law.

If the KTM or RO impose unreasonable conditions, ask him to quote the law or regulation concerned.

What do you have to do?
  • EOC S5 Maintenance of secrecy at elections: Sign Form A in the First Schedule.
  • Submit photocopy of your ic,
  • 2 pictures of yourself Passport or MyKad size. Can even be a paper print. No hard and fast rule.



Relax.
We have sent Counting Agents in as late as 4:55pm on Polling Day and the KTM accepted. Understand that KTM's and RO's are human just like you and I. Treat them with courtesy and respect. Not all are unreasonable. It is only when they try to abuse their authority, you take off the gloves. We are here to help the honest EC officers to act honestly and also to help the dishonest EC officers to act honestly.

Relevant Acts and Regulations continue below:

Election Offences Act (EOA)

Making of appointments and contracts through election agent

14. (1) The election agent of a candidate shall at an election—

(a) appoint every polling agent, counting agent, clerk and messenger employed, whether for payment or not, on behalf of the candidate;

(b) hire every committee-room hired on behalf of the candidate;

(c) inform the presiding officer at each polling station in writing of the name and address of—

(i) the polling agent or agents appointed to act at that station; and

(ii) the counting agent or agents appointed to attend the counting of votes at that station; and

(d) inform the returning officer of the constituency or electoral ward concerned in writing of the name and address of the counting agent or agents appointed to attend the counting of the votes of postal voters and the official addition of votes.


(1A) Every polling agent or counting agent of a candidate appointed under subsection (1) shall act or be present at the polling station or shall attend the counting of votes at the polling station for at least two hours and his replacement shall only be admitted to that polling station on the expiration of the two-hour period.

(2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election, unless made by the candidate himself or by his election agent:

Provided that inability under this section to enforce such contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice committed by his agent.

Conduct of Elections (COE)
Regulation 15. Admittance to polling station.

(1) No person shall be admitted to vote at any polling station except the polling station to which that part of the electoral roll which contains his name has been assigned:

Provided that where an elector for any constituency is employed as a presiding officer or in any other official capacity at a polling station within that constituency and it is inconvenient for him to vote at the polling station to which that part of the electoral roll which contains his name has been assigned, the returning officer may authorize such elector to vote at any other polling station in the constituency. Such authorization shall be given under the hand of the returning officer and shall state the name of the elector and his number in the electoral roll, and the fact that he is so employed as aforesaid and shall specify the polling station at which he is authorized to vote.

(2) [Deleted - P.U.(A) 193/2011]

(2A) [Deleted - P.U.(A) 193/2011]

(3) The presiding officer shall regulate the number of voters to be admitted at a time whilst the poll is open and shall exclude all other persons except the candidate, his election agent and polling agent, the returning officer, members or officers of the Election Commission, persons officially employed at the polling station, any person nominated in accordance with subregulation 19(10), or other persons authorized in writing by the Election Commission.

[Am. P.U.(A) 67/2004] ; Am. P.U.(A) 43/2012;

(4) Not more than one polling agent of each candidate shall be admitted at a time to any polling station whilst the poll is open.

(5) No polling agent whose name and address have not been notified to the presiding officer as required by subsection 14(1) of the Election Offences Act 1954, shall be admitted to a polling station whilst the poll is open.

[Am. P.U.(A) 67/2004]

(6) (a) It shall be the duty of the presiding officer to keep order at his polling station.

(b) If a person misconducts himself in a polling station or fails to obey the lawful order of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by a police officer on duty outside or near that station or by any other person authorized in writing by the returning officer or the presiding officer to remove him, and the person so removed shall not, without the permission of the presiding officer, again enter the polling station during the day.

[Am. P.U.(A) 67/2004]

(c) The powers afforded by this regulation shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. [Note: A KTM cannot simply prevent a voter from voting by evicting him. It is an election offence.]

(d) Failure to obey the lawful orders of the presiding officer shall be an offence punishable by a fine not exceeding one thousand ringgit.