SPR Electoral Fraud: Challenges to your registration as an elector or on your elector status if already on the rolls

[pywong]

This is floating around in Facebook.

EVERYONE SHOULD BE AWARE OF THIS!

If any of your friends or families received a letter from Pejabat Pilihan Raya of the state that they register their voting rights in, notifying them that there is a ‘bantahan’ against their name in the electoral register, please make the effort to go for the ‘siasatan awam’ at the location and time stated in the letter. This is because also stated in the letter is that in the event that the person to whom the challenge is directed against fails to turn up for the siasatan awam, the voter’s name may be removed from the electoral register and hence, not be able to vote come the next general election. Attached along with the letter would be a Borang D – ‘Notis kepada orang yang terhadapnya bantahan dibuat’ and in this form, a reason for the bantahan would be stated along with their full name, I/C number and address.

I received my letter via registered post on the 14th of August 2015 and I was required to show up at Kompleks PKNS Shah Alam on the 20th of August which falls on a Thursday. My registration application to have my name entered into the electoral register was challenged and the reason given was “Pemilih tidak dapat dikenal pasti/tidak tinggal di alamat yang didaftarkan”. From the get go, a red flag was raised because I have been living in this address for the past 10 years. The fact that I received the letter alone was enough to disprove this. And what does “pemilih tidak dapat dikenal pasti” even mean? They had my I/C number, full name and full address stated in the Borang D as well, if still tidak dapat dikenal pasti then how else?

Apparently anyone can challenge to remove your name from the electoral registration. Another man was also at the Pejabat Pilihan Raya because his “alamat tidak lengkap”. An old man, probably in his 60s sitting next to me was chatting with me and he said that he has been voting for 40 odd years and this is the first time he is receiving this letter and reason stated being “pemilih tidak dapat dikesan”. I thought only those who were applying to have their name added into the electoral register like me would be challenged, but even those who are already voting were also being challenged.

So, I went into the bilik bicara to face the judge and my ‘pembantah’. The pembantah was just a random person and I was confused as to why he would put me through all this trouble. The judge asked whether he has scouted my house before and his answer was "saya pernah lalu la, (Bandar) Botanic besar tamannya". That was all he said and it was creepy enough that he has my address and details but now it’s even weirder that he has scouted my house before. In the end, the judge decided that he didn't bring enough evidence and arguments to deny my name from being registered into electoral register. It all felt so scripted. The pembantah didn’t say much and it was as if he was prepared to just waste his time and effort and lose this claim because he has ABSOLUTELY NOTHING to back his claims. The fact that the pembantah was so malprepared raised the question of the motif of his challenge. I was expecting at least some solid points from him and I even brought a copy of my parents’ I/C and a copy of my birth certificate to show that I am, in fact, staying there.

Note what I said earlier that if someone receives this letter and doesn't turn up, he will be automatically dropped from the electoral register. Also note that it is a working day and I was lucky because I have just graduated and haven’t gotten a job yet and I didn’t have any other prior engagements. So turning up wouldn’t be an issue for me. However, there were other people who were complaining that they were forced to take half day’s leave in order to be there and I’m sure that there are a number that couldn’t turn up.

I took a peek at the list and out of about 5-6 persons my Pembantah brought a claim against, only 2 of us turned up so far. My guess is that some people would not be able to make it to this hearing either due to transport issues (some of the people who turned up were old so it's probably inconvenient for them to be there, but they turned up. Good job to them!) or maybe because they are unable to get leave from work and would be automatically dropped from the electoral register by default.

Bottom line is, let everyone know about this and tell them to turn up if they do receive this letter. Don't let them deprive you off your constitutional right. And for those who didn't receive this letter, take some time off your FB time to check your voting status here -http://daftarj.spr.gov.my/DAFTARJ/DaftarjBM.aspx

Feel free to share.

[pywong]

EC holds hearing on 'dubious' voters

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Aug 18th, 2015 8:00 am Aug 18th, 2015 8:35 am



Some 30 newly-registered voters have been forced to attend a hearing by the Election Commission (EC) following a protest against their electoral legitimacy by a group alleged to be Umno members.

DAP Teratai assemblyperson Tiew Way Keng said she suspected the group was from Umno as she saw them in blue uniforms when she attended the hearing at the Selangor EC office with two of the voters yesterday morning.

Besides the two voters from Pandan, Tiew said she also noted that voters from Rawang and Taman Templer were also present.

"They were called to attend the hearing under Subsection 15( of the Election (Voters Registration) Act, which allows for their electoral legitimacy to be challenged," she said.

"As for the Pandan voters, one of them is a new voter while another applied for a change in address," Tiew told reporters.

The voters affected had registered during the first quarter of 2015. Objections against them were that they were not citizens and their addresses did not exist.

Tiew said the purported Umno members were present as well. Being the complainants, they needed to attend the hearing together with the voters and witnesses.

According to one complaint document sighted by Malaysiakini, a man protested against six of the newly-registered Pandan voters.

Tiew speculated that more complaints challenging the legitimacy of newly-registered voters would occur in other constituencies as well.

"This may just be a tip of iceberg," she said.
'Their right to do so'


Former Selangor opposition leader Mohd Shamsuddin Lias said it was common practice for political parties to challenge the legitimacy of newly-registered voters whom they thought were dubious.


PAS and PKR also had their members turning up to check the electoral roll almost everyday, Shamsuddin said.


However, he refused to acknowledge if Umno issued a directive to its members to identify so-called dubious voters.


"They (the complainants) were said to be Umno members. But even so, what's wrong with that?" Shamsuddin (photo) asked, saying it was their legitimate right to file a protest.


"I myself encouraged my Umno members (in Tanjung Karang) to check the electoral roll. We have a duty to make sure the electoral roll free of phantom voters," he said.


PKR Rawang assemblyperson Gan Pei Nei said similar complaints against newly-registered voters had been filed in her constituency too.


"This may affect our efforts to encourage more Malaysians to register as voters. They may now find it troublesome to register as voters," Gan said.


She did not rule out the possibility that opposing parties may be doing this to obstruct more people from registering as voters.

[pywong]

Analysis:

Legislation covering such cases.

1. A person already on the electoral roll cannot be challenged as to his eligibility.

Elections Act Section 9A:

Certified or re-certified electoral roll shall be deemed to be final

9A. After an electoral roll has been certified or re-certified, as the case may be, and notice of the certification or re-certification has been published in the Gazette as prescribed by regulations made under this Act, the electoral roll shall be deemed to be final and binding and shall not be questioned or appealed against in, or reviewed, quashed or set aside by, any court.

2. When can an applicant to be an elector be challenged?

When his name appears in the Supplementary Electoral Roll put up for public objection. This happens every quarter.

• Names appearing here are for NEW applicants, or
  
• People applying for a change of address in their voting location.

There are procedures in the Elections (Registration of Electors) Regulations to cover this. Read the attachment Regulations 15 to 21, which is reproduced below for convenience. Note that the objector has to pay to the person objected against the sum of RM200 if the objection is made without reasonable cause.

Regulation 15. Objections during revision of supplementary electoral roll.


(1) Any person whose name appears—

(a) in the principal electoral roll for the registration area for which he is qualified to be registered, may object to the inclusion of his name or the name of any other person in the supplementary electoral roll; or

(b) in the supplementary electoral roll for the registration area for which he is qualified to be registered, may object to the inclusion of his name in the supplementary electoral roll.

(2) Every objection by the person referred to in subregulation (1), hereinafter referred to as the "objector", shall be made in Form C in the Schedule and shall be delivered to the Registrar of his registration area during office hours on any working day within the period in which the supplementary electoral roll is open for inspection as stated in the notice referred to in subregulation 13(5).


(2A) In the case of an objection to the insertion of the name of a claimant in the supplementary electoral roll, the objector shall deliver Form C to the Registrar of his registration area during office hours on any working day within the period in which the notice containing the names of the claimants is exhibited for inspection as stated in the notice referred to in subregulation 14(3).


(3) The objector is allowed to object once only and the number of persons in regard to whom the objector is allowed to object shall not exceed twenty.


(4) The objector shall pay a fee of ten ringgit for each person to whom he objects.

(5) Upon receipt of an objection under this regulation, the Registrar may, if he is of the opinion that the particulars given in the objection are insufficient, request for further information from the objector who shall furnish the information within seven days from the date he receives such request.

(6) Where the objector fails to furnish the information in the manner provided for in subregulation (5), the objection shall be deemed to have been withdrawn and the Registrar shall take no further action.

(7) If the Registrar is of the opinion that the objector is not entitled to object, he may disallow the objection and shall so inform the objector.

(8.) The Registrar shall—

(a) in any case where he is satisfied that the particulars given in an objection are sufficient; or

(b) upon receipt of the information requested for under subregulation (5),

forthwith send a notice of the objection to the person in regard to whom the objection has been made in Form D in the Schedule.



Regulation 16. Disallowance of claim or objection.

If the Registrar is of the opinion that a claim or objection cannot be allowed because—

(a) the matter has been concluded by the decision of a court; or

(b) the particulars given in a claim or objection do not entitle the claimant or objector to succeed,

he may send to the claimant or objector a notice stating his opinion and the grounds for his opinion and that he intends to disallow the claim or objection unless the claimant or objector gives him notice within seven days from the date of the first-mentioned notice that he requires the claim or objection to be heard and, if the Registrar receives no such notice within the said time, he may disallow the claim or objection.


Regulation 17. Public inquiry.

(1) Subject to regulations 14, 15 and 16, the Registrar shall, as soon as practicable after receiving a claim for or an objection to the inclusion of any name in the supplementary electoral roll, hold a public inquiry into the claim or objection which has been duly made, giving not less than seven days' notice in Form E in the Schedule to the claimant or the objector or the person in regard to whom the objection has been made and any person who appears to the Registrar to be interested in or affected by the inquiry may appear in person and be heard.

(2) Where an objection is made to the insertion of any name in the supplementary electoral roll, the Registrar shall, at the public inquiry, call upon the objector to give prima facie proof of the grounds for the objection.

(3) If such prima facie proof as aforesaid is given, the Registrar shall require proof of the qualification of the person in regard to whom the objection has been made, and—

(a) if such person's qualification is not proved to the Registrar's satisfaction, shall expunge such person's name from, or, as the case may be, refuse to include such person's name in the supplementary electoral roll;

(b) if such person's qualification is so proved, shall retain such person's name, or, as the case may be, include such person's name in the supplementary electoral roll.

(4) If at a public inquiry into any objection, the objector fails to appear or appears but fails to give such prima facie proof as aforesaid, then—

(a) if the objection is to the inclusion in the supplementary electoral roll of the name of a person appearing in the roll, the Registrar shall retain such person's name in the supplementary electoral roll without calling upon such person to prove his qualification;

(b) if the objection is to the inclusion in the supplementary electoral roll of the name of any claimant, the Registrar shall require proof of the qualification of the claimant and—

(i) if the claimant's qualification is not proved to the Registrar's satisfaction, shall refuse to include the claimant's name in the supplementary electoral roll;

(ii) if the claimant's qualification is proved, shall include the claimant's name in the supplementary electoral roll.

(5) Without prejudice to subregulation (2), the absence or non-attendance of the person in regard to whom objection has been made at such public inquiry shall not relieve the objector from giving such prima facie proof to establish the fact that the name of the person in regard to whom objection has been made improperly appears, or is not entitled to remain, in the supplementary electoral roll.

(6) Before proceeding to hear the objection at such public inquiry, the Registrar shall be satisfied that the person in regard to whom objection has been made has been served with a notice in Form E in the Schedule.

(7) If such prima facie proof is given in the absence of the person in regard to whom objection has been made, it shall be lawful for the Registrar to expunge such person's name from, or refuse to include such person's name in, the supplementary electoral roll, as the case may be.

(8. ) If no such prima facie proof is given by the objector, the Registrar shall retain such person's name in the supplementary electoral roll.


Regulation 18. Objection without reasonable cause

If an objection is made and is disallowed by the Registrar and, in his opinion, the objection was made without reasonable cause, the Registrar may, in writing, order the objector to pay to the person in regard to whom objection has been made a sum of money not exceeding two hundred ringgit as compensation for any loss of time or inconvenience incurred by such person in consequence of the objection.


Regulation 19. Withdrawal of objection.

(1) An objector may withdraw his objection at any time not later than five days before the date fixed for public inquiry as specified in Form E in the Schedule.

(2) Where a withdrawal is made after the expiration of the period specified, the Registrar may, in writing, order the objector to pay a sum of money not exceeding two hundred ringgit to the person in regard to whom the objection has been made.


Regulation 20. Appeal.

(1) Any claimant, objector, or person in regard to whom objection has been made may, if he is aggrieved by a decision of the Registrar in respect of a claim or objection, appeal to an Adjudicating Officer.

(2) Every such appeal shall be in writing and—

(a) shall be signed by the appellant;

(b) shall state shortly the grounds of appeal; and

(c) shall be delivered to the Adjudicating Officer together with a fee of five ringgit,

within ten days from the date of the decision in respect of which the appeal is made.

(3) An Adjudicating Officer shall hear such appeals in public after giving not less than four clear days' written notice of the date, time and place of the hearing of the appeal to the parties concerned and may at his discretion hear any further evidence.

(4) The determination of the appeal by the Adjudicating Officer shall, under these Regulations, be final and shall not be challenged or questioned in, or reversed, altered or quashed by, any court on any ground.

(5) Without prejudice to subregulation 23(2), if at any hearing of the appeal—

• (a) the appellant fails to appear though he has been served with the written notice referred to in subregulation (3), the Adjudicating Officer may dismiss the appeal;

• (b) the respondent fails to appear though he has been served with the written notice referred to in subregulation (3), the Adjudicating Officer may hear and determine the appeal.

(6) If, upon an objection being disallowed by the Registrar, the objector appeals under subregulation (1) to the Adjudicating Officer, and in the opinion of the Adjudicating Officer the appeal was made without reasonable cause, the Adjudicating Officer may, in writing, order the objector to pay to the person in regard to whom the objection was made a sum of money not exceeding two hundred ringgit as compensation for any loss of time or inconvenience incurred by such person in consequence of the appeal.

(7) If any such appeal as aforesaid is allowed by the Adjudicating Officer, he shall have power to revise or cancel any order made by the the Registrar for the payment of compensation by the objector.

(8. When the Adjudicating Officer has determined the appeals which have been lodged with respect to claims or objections, he shall forward to the Registrar a statement under his hand containing the names which he has decided shall be entered or retained in the supplementary electoral roll and those which he has decided shall be omitted or expunged from the supplementary electoral roll and the Registrar shall amend the supplementary electoral roll accordingly.


Regulation 21. Recovery of sums awarded.

Any sum awarded under regulation 18, 19 or 20 shall be recoverable as though the order of the Registrar or the Adjudicating Officer were an order of a Sessions Court for the recovery of money by the person to whom such compensation is payable duly made in civil proceedings before such Court.