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Thread: SPR Delimitation: Governing Criteria

   
   
       
  1. #1
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    SPR Delimitation: Governing Criteria

    Delimitation is governed by the Thirteenth Schedule of the Federal Constitution and
    Articles 113 - Conduct of Elections,
    116 - Federal Constituencies &
    117 - State Constituencies.

    The results of the delimination exercise is shown in Article 46 - Composition of the House of Representatives.


    Thirteenth Schedule
    [Articles 113, 116, 117]


    Provisions relating to delimitation of Constituencies

    Part I


    DECLARATION OF AND PRINCIPLES RELATING TO THE DELIMITATION OF CONSTITUENCIES

    1. The constituencies for the election of members to the House of Representatives and the Legislative Assemblies of the States shall, until altered in accordance with the provisions of this Schedule, be those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act.


    2. The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117—


    (a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies;


    (b) regard ought to be had to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;


    (c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies;


    (d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.



    3. For the purposes of this Part, the number of electors shall be taken to be as shown on the current electoral rolls.


    3a. For the purposes of this Part, in any review of constituencies for the purposes of election to the House of Representatives, the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya shall each be regarded as a State.

    Part II

    PROCEDURE FOR DELIMITATION OF CONSTITUENCIES


    4. Where the Election Commission have provisionally determined to make recommendations under Clause (2) of Article 113 affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least one newspaper circulating in the constituency a notice stating—


    (a) the effect of their proposed recommendations, and (except in a case where they propose to recommend that no alteration be made in respect of the constituency) that a copy of their recommendations is open to inspection at a specified place within the constituency; and


    (b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of such notice,


    and the Commission shall take into consideration any representations duly made in accordance with any such notice.


    5. Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any constituencies, the Commission receive any representation objecting to the proposed recommendation from—


    (a) the State Government or any local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation; or


    (b) a body of one hundred or more persons whose names are shown on the current electoral rolls of the constituencies in question,


    the Commission shall cause a local enquiry to be held in respect of those constituencies.


    6. In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commissions of Enquiry Act 1950 [Act 119].


    7. Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published:


    Provided that it shall not be necessary to hold more than two local enquiries in respect of any such recommendations.


    8. The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituencies showing—


    (a) the constituencies into which they recommend that each unit of review should be divided in order to give effect to the principles set out in section 2; and


    (b) the names by which they recommend that those constituencies shall be known,


    or stating that in their opinion no alteration is required to be made in order to give effect to the said principles.


    9. As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alteration is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report.


    10. If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less than one-half of the total number of members of that House, the Prime Minister shall submit the draft Order to the Yang di-Pertuan Agong.

    11. If a motion for the approval of any draft Order referred to in section 9 is rejected by the House of Representatives, or is withdrawn by leave of the House, or is not supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister may, after such consultation with the Election Commission as he may consider necessary, amend the draft and lay the amended draft before the House of Representatives; and if the draft as so amended is approved by the House by a resolution supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister shall submit the amended draft to the Yang di-Pertuan Agong.


    12. Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the terms of the draft submitted to him, and the Order shall come into force on such date as may be specified therein:


    Provided that the coming into force of any such Order shall not affect any election to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after that date.
    py

  2. #2
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    Notes on amendments to the Thirteenth Schedule.

    Thirteenth Schedule


    1. This Schedule was added by Act 14/1962, section 31, in force from 21-06-1962.


    Section 1

    The words “those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act” substituted for “those used for the first election to the House or Assembly, as the case may be, pursuant to the provisions of Article 171” by Act 26/1963, section 70, in force from 16-09-1963.


    Section 2

    The words “any unit of review” substituted for “the Federation and the States” by

    Act 26/1963, section 70, in force from 16-09-1963.

    Admin: The phrase "any unit of review" was introduced to cover Sabah and Sarawak and allow for the disparity of voter size between P. Malaysia and Sabah/Sarawak.

    Paragraph 2(a)

    The words “and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies” were added by Act 26/1963,
    section 70, in force from 16-09-1963.

    Admin: This was added to cater for Sabah and Sarawak but abused and extended to P. Malaysia. In theory, it is possible for a State constituency to straddle a Parliamentary constituency provided due consideration is given to the "inconvenience" to a voter. This is a ridiculous provision.

    Paragraph 2(c)


    1. The words “throughout the unit of review” were inserted after “approximately equal” by Act 26/1963, section 70, in force from 16-09-1963.


    2. The words “the number of electors within each constituency in a State ought to be approximately equal” substituted for “the number of electors within each constituency ought to be approximately equal throughout the unit of review” by Act A206, subsection 15(1), in force from 23-08-1973.

    Admin: The phrase "any unit of review" was introduced to cover Sabah and Sarawak and allow for the disparity of voter size between P. Malaysia and Sabah/Sarawak. The imaginary "greater difficulty" of reaching voters in the country districts can be overcome by giving the Representative a bigger budget to employ more assistants to cover the constituency or to have more local councillors or staff to serve the constituents.



    Paragraph 2(d)

    The words “and to the maintenance of local ties” substituted for “and of any local ties which may be broken by such alterations” by Act 26/1963, section 70, in force from 16-09-1963.


    Section 3a


    1. This section was inserted by Act A206, subsection 15(2), in force from 23-08-1973.


    2. The words “the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State.” substituted for “the Federal Territory shall be regarded as a State” by Act A585, section 20, in force from 16-04-1984.

    Admin: The power to create a State with a 2/3 majority in Parliament is very dangerous. It is possible to create minuscule constituencies like Putrajaya and Labuan and define it as a State to qualify to have a Parliamentary constituency. The 8-year time bar restricting the EC from delimitation does not apply for such cases. This means the moment a Federal constituency is carved out of a State, the EC can proceed to amend all the State constituencies affected by the excision of the Federal Territory from the State, should it choose to do so.

    3. The words “, the Federal Territory of Labuan and the Federal Territory of Putrajaya” substituted for “or the Federal [​Territory] of Labuan, as the case may be,” by Act A1095, section 21, in force from 01-02-2001.




    Section 6


    The word “Act” substituted for “Ordinance” by Act 1, subsection 14(2).


    Section 8


    See section 9.


    Paragraph 8(a)


    The words “each unit of review” which appear in lines one and two substituted for “the Federation and each State” by Act 26/1963, section 70, in force from 16-09-1963.

    Admin: The phrase "any unit of review" was introduced to cover Sabah and Sarawak and allow for the disparity of voter size between P. Malaysia and Sabah/Sarawak. The imaginary "greater difficulty" of reaching voters in the country districts can be overcome by giving the Representative a bigger budget to employ more assistants to cover the constituency or to have more local councillors or staff to serve the constituents.


    Section 9: See sections 10 & 11.


    Sections 10 & 11: See Art. 62(3).

    ************************************************** **********************

    What is proposed by the Sempadan Team (Delimitation Project)?

    We are following best practices according to International standards, which standard, may not be explicitly spelt out in the Federal Constitution but is not prohibited. As such, we propose:

    +/- 10% about the electoral quotient of Peninsular Malaysia for Peninsular Malaysia,

    +/- 15%
    about the electoral quotient of Sabah for Sabah.
    +/- 15% about the electoral quotient of Sarawak for Sarawak.

    Exceptions to the rule are micro seats like Labuan and Putrajaya which constitutionally are treated as "States".


    References:


    Lisa Handley Delimitation Equity Project.


    Appendix B of Observing Delimitation, pages 401 & 402.


    Code of Good Practice in Electoral Matters of the Venice Commission:
    Equal voting power: seats must be evenly distributed between the constituencies.

    iv. The permissible departure from the norm should not be more than ten percent, and should certainly not exceed 15 percent except in special circumstances (protection of a concentrated minority, sparsely populated administrative entity).


    The comments included in the Commission’s opinion provide further detail:

    15. The maximum admissible departure from the distribution criterion adopted depends on the individual situation, although it should seldom exceed 10 percent and never 15 percent, except in really exceptional circumstances (a demographically weak administrative unit of the same importance as others with at least one lower-chamber representative, or concentration of a specific national minority).


    Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE):

    According to OSCE commitments, all votes should carry the same weight to ensure equal representation. This means that each elected representative should represent a similar number of registered electors. For example, in a majority voting system, the size of the electorate should not vary by more than approximately 10 percent from constituency to constituency. Under the proportional representation system, the size of the electorate may vary, but the number of representatives for each district should be proportional to the size of the electorate.


    The British Commonwealth does not mention specific target numbers but emphasis that it must be FAIR to all groups.


    The Commonwealth Secretariat has also prepared a Manual for Domestic Observers that includes a number of mentions to the subject, such as:

    The choice of electoral system will determine the legal framework that governs the delimitation of electoral boundaries. The creation of boundaries has different significance under the ‘majority’ system and the ‘proportional representation’ system. … If a majority system is in use the law which governs delimitation of electoral boundaries is one of the most important aspects of the overall electoral process. If constituencies are not roughly similar in terms of the populations they represent, the “one person, one vote” principle can be compromised. … In majoritarian systems, it is important that observers monitor the creation of the electoral boundaries. Election boundaries should be drawn in a transparent method following criteria which is FAIR to all groups. The body charged with the task of drawing boundaries has to be impartial, independent and politically neutral. The role of observer group is to ensure that the body is, and is perceived to be, independent.


    The factors that observers need to take into account when monitoring the creation of boundaries include: Factors affecting the creation of the boundaries. natural frontiers and local administrative boundaries; geographical contingencies: i.e., they should be as geographically compact as possible and no area should be completely unconnected with the rest of the constituency; communications systems; population: there should be equality of numbers in relation to the population; community interests: e.g., means of communication, economic interests, ethnic homogeneity, language, religion, history, etc. Observers need to examine HOW the boundaries have been established and ensure that the process has been a fair one. MAKE sure that the RULES and REGULATIONS have been followed.


    py

  3. #3
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    Going back to 1963 formula, what should it be like today?

    Sabah - from 25 to 26 seats
    Sarawak - from 31 to 38 seats
    Peninsular Malaysia 166 seats

    py

  4. #4
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    No. of MP's using 1963 Formula
    Region No. of MP'S Electoral Quotient
    Malaya 166 67607
    Sabah 26 37781
    Sarawak 38 28584
    Total 230
    State 2013 Electors Electoral Quotient No. of MP'S Current New Allocation Increase/decrease
    Perlis 137,349 67607 2.03 3 2 (1)
    Kedah 1,043,281 67607 15.43 15 15 0
    Kelantan 920,433 67607 13.61 14 14 0
    Terengganu 636,000 67607 9.41 8 9 1
    Penang 847,961 67607 12.54 13 13 0
    Perak 1,409,772 67607 20.85 24 21 (3)
    Pahang 737,395 67607 10.91 14 11 (3)
    Selangor 2,051,708 67607 30.35 22 30 8
    Fed Territories 833,661 67607 12.33 13 12 (1)
    Negri Sembilan 557,022 67607 8.24 8 8 0
    Melaka 439,869 67607 6.51 6 7 1
    Johor 1,608,326 67607 23.79 26 24 (2)
    Sabah 982,311 37781 26.00 25 26 1
    Sarawak 1,086,191 28584 38.00 31 38 7
    Total MP's based on 1963 formula 222 230 8
    py

  5. #5
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    1. Literature: http://bit.ly/DelimitationLiteratureReferToBERESFolder

    2. How they stole GE13: http://bit.ly/BERESHowTheyStoleGE13
    But perfect equal apportionment alone is not enough to solve the problems. We need to go into the reform of the whole electoral system itself.

    3. District Builder: http://bit.ly/DelimitationDistrictBuilder

    http://en.wikipedia.org/wiki/DistrictBuilder

    This is a useful empowering tool to allow the public to take part in delimitation. Even the University students can come in.
    From Wikipedia, the free encyclopedia

    DistrictBuilder DistrictBuilder is an open source computer software developed by Public Mapping Project and engineered by Azavea, ageospatial analysis company, for drawing maps of electoral districts. Using the software, people can create and edit district plans, display demographics and electiondata, and show additional reference map layers.[1]

    In 2010 and 2011, the software was used by a number of citizen groups to present redistricting proposals in some US states. In addition, the software was also used in redistricting competitions organized by Michael McDonald in 6 US states.[2][3][4]
    4. Google Maps Engine: Anyone can draw but limited file size to probably one Daerah Mengundi at a time. This is good for collaborative effort nationwide. http://bit.ly/DelimitationMapsEngineGoogle

    5. Delimitation Map Resources: http://bit.ly/DelimitationMapResources
    py

  6. #6
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    Procedures for Delimitation using Geographical Information Systems (GIS)

    Considerations for delimitation

    There are several factors that should be taken into account when conducting a delimitation exercise. These include:

    · Equal size of population. As each constituency elects one member, the constituencies should have approximately the same number of people in it so as to give each vote equal weight in Parliament. In line with best international practice this equality is based on the total population figure, i.e. not only the eligible voters. Some countries use the number of eligible voters (Malaysia), number of ballots cast in previous elections or a combination of several factors as a milestone for equality. As it is practically impossible to make all constituencies exactly equal in size, thresholds should be defined for how far above and below the average size any given electorate can be.

    · Existing administrative boundaries. The boundaries of lower level administrative units should be respected. As example, people from different parts of a small village should not be split between different constituencies.

    · Infrastructure. To facilitate people’s access to voting, geographical features should be taken into account during delimitation. A mountain range or a river may make access difficult whereas a road may facilitate it.
    In addition to the stricter requirements above, those conducting the delimitation may wish to take into account some sensitivities such as:

    · Where people feel they belong to. People living in a certain area may feel they that they “belong” together with a certain neighboring area. This is particularly the case in large urban areas.

    · Ideally minimal changes to existing boundaries. Changing boundaries and hence which constituency people vote in can cause confusion and even resentment. People may have been used to voting for certain politicians that are no longer on the ballot in the voters’ new constituency.

    · Potentially take into account projected demographics. Since delimitation is only foreseen every eight to ten years after a new census, demographics may change a lot over this period. Foreseeable demographic changes can be taken into account, e.g. if a new urban development has been planned with a resulting large increase of population in the affected area. This is not provided for in Malaysia’s Constitution.

    · Political issues. Perhaps most sensitive of all are issues relating to political demographics. Such knowledge can be misused. Whether it is or not, a delimitation committee will often be accused of taking political considerations into account. It may be prudent to at least be aware of these issues during delimitation in order to foresee and counter potential complaints, e.g. through the consideration of past election results. Politicians have been known to put pressure for moving voters from a safe constituency to neighboring constituencies with close electoral races. Example: If city A has a large majority for party X, then moving part of these voters to city B will probably mean that party X will gain relatively more votes in city B and hence stand a greater chance of winning.

    · Identification of potential “problematic” areas, such as:
    Areas where clusters of buildings are geographically closer to the registration center of neighboring localities;
    GIS as a tool for delimitation

    Download the attachment for more...
    py

  7. #7
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    http://redistribution.nsw.gov.au/

    Delimitation in New South Wales, Australia. We can see that up to 164 days is provided for ANYONE from the public to discuss and object to a new electoral boundary. Unlike Malaysia which looks like an ambush requiring you to find 100 voters in the same constituency before you can object and you have only 1 month to do so.

    2013 NSW Electoral Boundaries Redistribution

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    Site Tools





    Suggestions & objections to proposed
    boundaries accepted until


    Wednesday, 17 July 2013



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    Electoral Districts Commissioners

    NSW Redistribution

    The Electoral Districts Commissioners give notice that it is proposed to alter the electoral districts of New South Wales. The proposed names and proposed maps of the new electoral districts are published in the Government Gazette and on this website.
    A written statement of the Commissioners' reasons, 2013 NSW State Districts Redistribution Proposed District Alterations - Report of Commissioners' Reasons, is downloadable from the Information Brochures section of this website. Extracts from this report have been included throughout the site to assist in understanding the listed alterations. Should there be any discrepancies between the website and the report, the report takes precedence.

    The Commissioners received a total of 37 suggestions and 70 comments on these suggestions from registered political parties, individuals and interest groups. The suggestions and comments, including the quite substantial submissions from the major parties, also included valuable input from individuals where the submissions focussed particularly on local interests, economic, social and regional interests. The Commissioners have considered all suggestions and comments in the development of the proposed alterations to districts.
    Any person or organisation may make suggestions or objections in relation to any of the proposed electoral districts. Suggestions or objections, in writing, will be received by the Commissioners until Wednesday, 17 July 2013. All suggestions and objections will be made available for public inspection on this website.
    Once finalised the redistribution comes into effect at the March 2015 State Election. Any state district by-elections that take place prior to the March 2015 State Election will be conducted on the applicable 2004 district boundaries.
    Proposed Boundaries

    Overview of Proposals & Key Determinations

    Timetable

    In accordance with the Parliamentary Electorates and Elections Act 1912, the Electoral Districts Commissioners will follow this timetable when conducting the redistribution process:

    Monday, 4 February 2013

    Public Meeting
    Suggestions invited

    30Days
    Interested people have 30 days to submit written suggestions



    Wednesday, 6 March 2013

    Deadline for suggestions

    <1Days
    Suggestions made available for public inspection


    Thursday, 7 March 2013

    Comments on suggestions invited

    14Days
    Interested people have 14 days to submit written comments on the suggestions


    Wednesday, 20 March 2013

    Deadline for comments on suggestions.

    <90Days
    The Electoral Districts Commissioners consider all suggestions and comments prior to determining proposed electoral districts boundaries


    Monday, 17 June 2013

    Release of Proposed Electoral District Boundaries
    Written suggestions and objections to Proposed Electoral Boundaries invited

    30Days
    Interested people have 30 days to submit written suggestions or objections to the proposed district boundaries


    Wednesday, 17 July 2013

    Deadline for written suggestions and objections to Proposed Electoral Boundaries






    Proposed Boundaries Maps

    Proposed Boundaries Maps


    Existing Boundaries Maps

    Existing Boundaries Maps


    Enrolment Statistics

    Enrolment Statistics


    Information Brochures:





    How can I:




    Make an online suggestion or objection to Proposed Boundaries

    Make an online suggestion or objection





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