Topic 5

ELECTION PROCESS

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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.

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Election Commission
(Articles 113 and 114)

Membership of the EC
The main functions of the Commission:
The Election Commission has
seven members.
They are appointed by the 1 2 3
Yang di-Pertuan Agong Conduct Prepare and Recommend
(YDPA), acting on Cabinet Federal and revise alterations to
advice, after consulting the State elections electoral rolls Federal and
Conference of Rulers. for elections State
Constituencies
In making such
appointments, the YDPA
must take into account the
Security of Tenure
importance of ensuring that
the Commission enjoys To enhance the independence of the Commission, its
members cannot be removed except on exceptional
public confidence.
grounds, such as infirmity of mind. In addition, their
remuneration and other terms of appointment cannot be
altered to their detriment 3
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.
There must be at least 8 years
Review I between the end of one review and
Review II
(To take no more (To take no more
than 2 years) the start of the next than 2 years)

Guiding Principles/Considerations for Review of Constituencies

(Thirteenth Schedule, Para 2)
Number of voters in
Availability of each state
The inconveniences
State constituencies administrative constituency should
Constituencies arising from the
should not cross facilities within be approximately
should not cross alteration and the
federal each constituency equal, with
State boundaries maintenance of
constituencies for registration and weightage for area
local ties
voting in respect of rural
constituencies

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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.

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Electors
(Article 119)

A citizen may vote in an election if he or she:

Is 21 on the Is resident in a Is registered in the

Residency
Age

Registration
qualifying date constituency or, if electoral roll as an
not a resident, is an elector in the
absent voter constituency in
which he resides on
the qualifying date

“Qualifying date”
means the date on “Absent voter” means any How to Register?
which the person citizen who is registered as For information on how to
applies for an absent voter for a register as a voter, please
registration as a constituency visit
voter
http://www.spr.gov.my
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Disqualification of MPs and Senators
(Article 48)

A member of the Dewan Negara or Dewan Rakyat is disqualified

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 “fine of not less than RM2,000”

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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 semi-government
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.

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ELECTION PROCESS

Nomination
Campaigning Voting Day
Day

Announcement
Vote Counting
of Result

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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.

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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.

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Campaigning

Public Door to
Poster Pamphlets
speeches door

Parliamentary State

• RM10 000 • RM5000

Manifestos
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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

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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

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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.

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Storage & Disposal of Ballot Paper

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Postal Voter

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Petition can be made :

Bribery, Non Corruption Candidate or

threats or conformity to or illegal his/her agent
any the election actions not qualified
misconduct law and carried out to participate
that may regulations by in the
jeopardize candidates election.
the elections. and agents

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