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CHAPTER THREE:

Parliamentary
Democracy
Rabiha 2011

Election Commission
Was set first formed on 4 September 1957 through
Article 113 & 114 of the Constitution of the Federation of
Malaya.
The Constitution provided for the appointment of a
Chairman and three members.
In 1981, Article 114 of the Federal Constitution was
amended to provide for the appointment of a Deputy
Chairman.

Rabiha 2011

Election
Commission
Membership
of the
(Articles 113 and
EC114)

The main functions of the


Commission:
The Election
Commission has seven
members.
They are appointed by
the Yang di-Pertuan
Agong (YDPA), acting
on Cabinet advice,
after consulting the
Conference of Rulers.
In making such
appointments, the
YDPA must take into
account the
importance of ensuring
that the Commission
enjoys public

Conduct
Prepare and Recommen
d
Federal and
revise
alterations
State
electoral
elections
rolls for
to Federal
elections
and State
Constituenc
ies
Security of Tenure
To enhance the independence of the
Commission, its members cannot be removed
except on exceptional grounds, such as
infirmity of mind. In addition, their
remuneration and other terms of appointment
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Review of Constituencies
(Articles 113, 116 and 117)

Review of Federal and State Constituencies


The EC has the discretion to conduct reviews of constituencies
and recommend changes.

Review
I
(To take no
more than 2
years)

There must be at least 8


years between the end of
one review and the start of
the next

Review
II
(To take no
more than 2
years)

Guiding Principles/Considerations for Review of


Constituencies
Number
(Thirteenth Schedule, Para
2)of
Availability of
State
administrative
Constituencies
constituencies facilities within
should not cross
should not cross
each
State
federal
constituency for
boundaries
constituencies registration and
voting

voters in each
state
constituency
should be
approximately
equal, with
weightage for
area in respect
of rural
constituencies

The
inconveniences
arising from the
alteration and
the
maintenance of
local ties
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Types of Elections
General Election
Is held once every five years.Can be held before the term is up.
YDPA must dissolve the Parliament on the advise or at the request of the
Prime Minister.
State level; Ruler or Yang di Pertua Negeri dissolve at the request of the
Menteri Besar or Chief Minister.
Must be held 60 days in West Malaysia & 90 days in Sabah and Sarawak.

By-election
Is held at the death of a representative or member of the State Legislative
Assembly or Member of Parliament or,
If there is a vacant seat because of absenteeism from meetings for a fixed
period of time.
Can be done if the result of an election is illegal after a charge has been
officially made following rules and regulations.
Rabiha 2011

Electors
(Article 119)

A citizen may vote in an election if he or


she:

Qualifying
date means the
date on which
the person
applies for
registration as a
voter

Absent voter
means any citizen
who is registered as
an absent voter for a
constituency

Is registered in
the electoral roll
as an elector in
the
constituency in
which he
resides on the
qualifying date

Registratio
n

Is resident in a
constituency or,
if not a resident,
is an absent
voter

Residency

Age

Is 21 on the
qualifying
date

How to Register?
For information on
how to register as a
voter, please visit
http://
www.spr.gov.my
6

Disqualified voter

If the person is found or pronounced to be not of sound mind.


If the person is a bankrupt and has yet to be released.
If the person holds a salaried post.
If the person fails to send his statement of expenses for the
Parliamentary of State Legislative Assembly election
candidate or representative within 33 days after the
announcement of the election result.
If a person has been found guilty for a criminal offence by any
court in the Federation and has been sentenced to
imprisonment for not less than a year or fined not less than
RM2000 and has not received pardon.
If a person deliberately obtain foreign citizenship or
deliberately used foreign citizenship or pleaded allegiance to
any foreign country.
If the person has been found guilty of an offence related to
elections.

Rabiha 2011

Absentee Voters
A Malaysian citizen who is working in
the Federation Armed Forces or
Commonwealth countries, who with his
wife lives in a residence provided by
the Armed Forces authority on the date
of application to register as a voter in
the electoral district
A Malaysian citizen living overseas with
his wife but working with the Federal
or State Government or local or semigovernment authority, who has applied
to register himself as a voter in the
electoral constituency
A Malaysian citizen (and wife) who is
studying abroad, who applies to
register himself as a voter in the
electoral constituency.
Rabiha 2011

Even if a citizen satisfies the conditions above,


there are two matters that can bar him from
voting. They are:
On the qualifying date he is held as a
person who does not have a fully sound
mind or is carrying out a jail sentence.

A person is found guilty and is imposed the


death sentence or jail exceeding 12
months in any Commonwealth country.

ELECTION PROCESS

Nomination
Day

Campaignin
g

Voting Day

Announcem
ent of Result

Vote
Counting

Rabiha 2011

10

Nomination Day
Refers to the day that is set by the
EC for candidates to submit their
nomination papers to the Managing
Officer in order to contest the
elections.
The nomination papers can be
submitted by the candidates ,
proposers and supporters or either
one of them.

Campaigning
Start only after the nomination process has been completed
and must be stopped at 12 midnight the day before the
elections day.
To ensure smoothness of the election, the EC has the
authority to appoint an Enforcement Officer and form one or
more Enforcement Teams in every Parliamentary electorate ,
if deemed necessary.
The Enforcement Officer is responsible to the Managing
Officer and the duty of the team is to monitor campaign
materials, election speeches and public assemblies. This is to
ensure that the provisions under the laws and regulations of
the Elections are not violated.

Campaigning

Poster

Pamphle
ts

Public
speeche
s

Door to
door

Parliamenta
ry
RM10 000

Manifest
os

State
RM5000

Voting Day
The EC normally would announce
the following matters:
Date for voting
Polling station
Time for casting votes at all
voting centers
Location of the vote counting
and summation

Vote Counting
Members & officers of the EC

Officers appointed by the EC

Officers appointed by the EC

Vote counting clerks

Candidates, representatives and vote


counting agents

Official Summation of Votes


The Managing Officer total up all the votes,
including postal votes, to determine the
winner.
The Managing Officer for a constituency will
declare the candidate with the majority as the
elected representative of the constituency.

16

Storage & Disposal of Ballot Paper

s
h
t
on
m

Postal Voter
Members of the Armed forces
Members of the police forces
Election workers
Government officials serving abroad
Students studying abroad as well as
their spouses

Petition can be made :

ua
q
is
D

Bribery,
threats or
any
misconduct
that may
jeopardize
the
elections.

Non
conformity
to the
election
law and
regulations

Corruption
or illegal
actions
carried out
by
candidates
and agents

d
e
lif

Candidate
or his/her
agent not
qualified to
participate
in the
election.

Disqualification of MPs and Senators


(Article 48)

A member of the Dewan Negara or Dewan


Rakyat is disqualifed
if he or she:

is of unsound mind
is an undischarged bankrupt
holds an office of profit in the public services, such as a
High Court judge
has failed to lodge any return of election expenses
has voluntarily acquired a foreign citizenship or declared
allegiance to a foreign country or exercised rights of
citizenship of a foreign country
has been convicted and sentenced to
imprisonment for a term of not less than one year or
a fne of not less than RM2,000