Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698746982705.pdf (Malaysia)
ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS, 1981 PU(A) 386/1981 IN exercise of the powers conferred by section 16 of the Elections Act 1958 [Act 19J, the Election Commission with the approval of the Yang di-Pertuan Agong, makes the following regulations: 1.

Citation.

These Regulations may be cited as the Elections (Conduct of Elections) Regu1ations,1981.

2.

Interpretation.
2.

Interpretation.

In these Regulations, unless the context otherwise requires - "appointed place" means the place appointed under section 7 of the Elections Act 1958 for the establishment of polling station or polling stations; [Am.
FU(A) 147/90J "by-election" means an election held for the purpose of filling a vacancy among the members of the Dewan Rakyat or a State Legislative Assembly arising otherwise than upon a dissolution thereof; "counting agent" means a counting agent appointed under the provisions of section 14 of the Election Offences Act 1954; "election agent" has the same meaning as in the Election Offences Act 1954; :~~_ctiQ1LQQ!i.E<tyer'':'_li..!L-p"rs911.QLbQgY,_E<ifu~IJQc[\LQLinj.!'JJ1'JJio!

)a1, thl!!Jl!!§..!
:>.E<.~Jl,jJlyjj,,~Lby_jl1" Election Commission to monitor the conduct of elections; "Election (Postal Voting) Regulations" means in the case of West Malaysia the Elections (Postal Voting) Regulations 1959, and in the case of Sabah and Sarawak the Elections (Postal Voting) (Sabah and Sarawak) Regulations 1968; "general election" means the first general election of members of the Dewan Rakyat or of a State Legislative Assembly or a general election of members after a dissolution thereof; [Am.
FUCA) 193/111 "political party" means any society, registered under the Societies Act 1966 [Act 335J, whieh-the B1eetion Commission is satisfied is a polRieal party within the meaning oftha!
Aet; "polling agent" means a polling agent appointed under the provisions of section 14 of the Election Offences Act 1954; "postal ballot paper" and "postal voter" have the same meanings as in the Elections (Postal Voting) Regulations; "rejected ballot paper" has the meaning assigned to it by regulation 25(7); 1 , "returning officer" means an officer appointed under section 3 of the Elections Act 1958 and includes an assistant returning officer; "sign" includes the making of a mark or the affixing of a thumbprint; "spoilt ballot paper" has the meaning assigned to it by regulation 21.
3.

Writ and notice of election.
(I) On the issue of a writ in accordance with the provisions of section 12 ofthe Elections Act 1958, the Election Commission shall publish a notice thereof in the Gazette and such notice shall specify the date on which candidates for election are to be nominated, which in these Regulations is referred to as the' "day'~ of nomination", the first day of nomination not being less than four days after the date of the publication of such notice, and the date or dates on which the poll will be taken in the event of a contest (referred to in these Regulations as the "polling day"), not being less than seven ~days after the last day of nomination.
(lA) The "days of nomination" referred to in paragraph (1) above shall be for a total of three days for the following times:- (a) between the hours of nine o'clock in the morning until five o'clock in the evening on the first two days of nomination; and (b) JLe.!-"{~~.!Lth~J)9!!!:_~_o[!!i1w_Q~QlQ.<;kjLLthf_.!ngmimL\!!ltiLt~!L9_~_<;19.9kj!L1h~J:Qr-"llQQ!!..Q!L.

!h~ last day gf I)omination.


(2) Every writ shall be as set out in Form I and every notice to hold an election or a by-election in the Form 2 or 2A respectively in the First Schedule.

(3) The returning officer shall give further notice of the issue of such writ and of the time and place of the nomination of candidates in the constituency by causing notices as set out in Form 3 in the First Schedule to be published in any such places in the constituency as he may deem necessary.
(4) If at any time after the Election Commission has issued a writ in accordance with paragraph (I) for the holding of a general election or a by-election, owing to any cause whatsoever no nomination of candidates for the election can take place or has been taken place eflQy the last day of nomination in pursuance of such writ, the returning officer shall forthwith inform the Secretary to the Election Commission of such fact by endorsing the reverse of the writ and returning it to the Secretary to the Election Commission.
The Election Commission on being satisfied of such fact shall return the writ to the returning officer specifying !h~ fresh day~ of nomination and a fresh polling day, and shall, consequently, publish a fresh notice of the election under paragraph (I) stating therein that the previous notice of the election has been countermanded, and the provisions of this regulation shall apply to the writ so returned and to the said fresh notice in the same manner tlmt they apply to an original writ and an original notice to hold an election under paragraph (I).
(5) If at any time after an election is commenced it is shown to the satisfaction of the Election Commission that in any poIling station, owing to any cause whatsoever the poll cannot be taken or has been taken but cannot be completed on the date determined nnder paragraph (5) of regulation II, the Election Commission shall, by notice published in the local area for which the polling station is designated, suspend the poll and appoint a fresh date for the poll to be taken or to be completed in such manner,as may be directed by the Election Commission.
, 2 4.

Nomination papers.

NOMINATION (I) Any person eligible for election as a member of the Dewan Rakyat, or of the Legislative Assembly of a State, in accordance with the provisions of the Constitution of Malaysia, or the Constitution of a State, as the case may be, may be nominated as a candidate for election.

(2) The nomination of any other person shall be void.
(3) Candidates shall be nominated by means of nomination papers which shall be as set out in Form 4 or 4A, as the case may be, in the First Schedule.

Such nomination papers shall be submitted in triplicate.
(4) Each nomination paper shall be completely and correctly filled in the national language and shall state- (a) the name of the constituency in which the candidate seeks election; (b) in the case of election to a State Legislative Assembly, the name of the State concerned; (c) the full name, other names, if any, identity card number, occupation, if any, and residential address of the candidate, and the candidate's correspondence address to which documents relating to the election may be sent; (ca) the candidate's name or names which he desires to be printed on the ballot paper, and for this purpose he may omit or specify by initials only his name or any of his names or any part of his name or names; (d) the name, and identity card number of the proposer and seconder, whose names must appear in the electoral rolls for the time being in force for the constituency for which the candidate seeks election; and (e) the name, identity card number and address of the witness in the presence of whom the candidate affixes his signature.
(5) Each nomination paper shall also bear the signature of the candidate and of all the persons mentioned in paragraph (4) (d) and (e).
(6) Failure to comply with paragraph (3), (4) or (5) shall render the nomination paper liable to be rejected by the returning officer: Provided that no nomination paper shall be rejected on account of- (i) any error or omission in the nomination paper in relation to the description of, or any particulars in respect of, the candidate, or his proposer, or his seconder, if the particulars contained in the nomination paper are sufficient to identify the candidate, or his proposer, or his seconder, as the case may be; , , 3 • (ii) any error or omission with regard to any place specified in the nomination paper, if such place is otherwise sufficiently identifiable from tbe particulars given in the nomination paper; or (iii) any error or omission which is capable of being corrected and is corrected upon being brought to the attention of the person presenting tbe nomination paper: Provided further tbat the returning officer may direct that any clerical or printing error in the entries in the nomination paper be overlooked if the error is not of any material significance and does not affect the identification of the candidate, his proposer, or his seconder, or the identification of the constituency in respect of which tbe nomination paper is delivered.
(6A) Notwithstanding paragraph (6), a nomination paper shall not be rejected on account of- (a) any error or omission in the nomination paper in relation to the description of, or any particulars in respect of- (i) the candidate; or (ii) his proposer or seconder, if tbe particulars contained in the nomination paper are sufficient to identitY the candidate or his proposer or seconder, as the case may be; (b) any omission in stating the candidate's name or names to be printed on the ballot paper; (c) any error or omission with regard to any place specified in the nomination paper, if such place is otherwise sufficiently identifiable from the particulars given in the nomination paper; (d) any error or omission which is capable of being corrected and is corrected upon being brought to the attention of the person presenting the nomination paper; or (e) any clerical or printing error in tbe nomination paper if the error is not of any material significance or does not affect- (i) the identification oftbe candidate, his proposer or seconder; or (ii) tbe identification of the constituency in respect of which the nomination paper is delivered.
(6B) Where in a nomination paper tbere is an omission in stating the candidate's name or names which is or are to be printed on the ballot paper, then the name to be printed in the ballot paper shall be tbe full name of the candidate as stated in accordance with paragraph (4) (c).
"; (7) Every candidate shall at the time of his nomination and in the manner described in paragraph (2) of regulation 6, deliver to the returning officer the original copy of a statutory declaration of his qualifications made and subscribed by him as set out in Form 5 or SA, as the case may be, in the First Schedule and a deposit or deposit receipt as in paragraph (I) of regulation 5.

(7A) Every declaration mentioned in subregulation (7) shall be exempt from stamp duty.
(8) The returning officer or the State Elections Officer shall, at any reasonable time between tbe date of the notice of election referred to in regulation 3 and before ten o'clock in the forenoon on the last day of nomination, supply a set of nomination papers and statutory declarations to any person or political party applying for the papers, each set consisting of three copies of Form 4 or 4A and a copy 4 of Fonn 5 or 5A, as the case may require, on payment to the returning officer or the State Elections Officer of a fee of twenty ringgit for a set of the papers.
5.

Deposit by candidate.
(I) A candidate, or some person on his behalf, shall deposit or cause to be deposited with the returning officer or the State Elections Officer, between the date of the notice of election referred to in ~ regulation 3 and ten o'clock in the forenoon on the last day of nomination, the sum of ten five thousand ringgit in the case of an election to the Dewan Rakyat or the sum of ftve two thousand ringgit in the case of an election to a State Legislative Assembly in cash, bank draft or any other form as may be detennined by the Election Commission.
(2) On receipt of the deposit paid under subregulation (I) from a candidate the returning officer shall proceed in accordance with the current Government financial regulations and the deposit so paid by the candidate shall be dealt with in accordance with these Regulations.
(3) If- (a) a candidate is not shown as standing nominated in the notice of contested election referred to in regulation 11(5); (b) a candidate withdraws his candidature under regulation 9(1 )after a deposit was made under paragraph (I); or (c) a candidate dies after a deposit was made under paragraph (I) and before the poll is commenced, the deposit shall be returned as soon as practicable by the State Elections Officer- (aa) in the cases referred to in subparagraphs (a) and (b), to the candidate or person by whom the deposit was made after the publication of the name of the member elected pursuant to regulation 10 or the publication of the notice of the contested election pursuant to regulation II, as the case may be; or (bb) in the case referred to in subparagraph (c), to the deceased candidate's legal personal representative if the deposit was made by the candidate or, if not made by the candidate, to the person by whom the deposit was made.
"; (4) The deposit made under paragraph (I) shall either be returned to the person making it or his legal personal representative or be forfeited and paid to the Federal Consolidated Fund.
Paragraph 4 has been deleted (5) Other than in the cases referred to in paragraph (3), a deposit made under paragraph (1) shall be returned by the State Elections Officer- (a) to the candidate or person by whom the deposit was made; or (b) if the candidate has died, to his legal personal representative if the deposit was made by the candidate or, if not made by the candidate, to the person by whom the deposit was made, as soon as practicable after the result of the election has been declared.
, 5 Paragraph 6 has been deleted (7) The deposit shall be forfeited if a poll is taken and, after the official addition of the votes by the returning officer, the candidate is found not to have polled more than one-eighth of the total number of votes polled by all the candidates in the constituency.

[Am.
[Am.

PU(A) 147/1990} (7A) The deposit which is not forfeited under subregulation (7) shall be claimed by the candidate or a person on his behalf within one year from the date of publication of the result of the election in the Gazette.

(7B) Any deposit which is not claimed within the period specified in subregulation (7A) shall be forfeited.

(8) For the purposes of this regulation the number of votes polled shall be deemed to be the number of votes counted other than rejected votes.

6.
6.

Proceedings on nomination day.

(1) The returning officer shall on the day of nomination attend at the place of nomination for the following times:- fa) fi,om nine o'clock in the morning till nomination: and tlve o'clock in the evening on the first two davs of ru from nine o'clock in the forenoon on the last day of nomination until the completion of the proceedings mentioned in regulation 10 or paragraph (2) of regulation II, as the case may be.
(2) The nomination papers in triplicate must be delivered to the returning officer - (a) at the place of nomination; and (b) between the hours of nine o'clock in the morning and five o'clock in the evening on the ~ first two days of nomination and between nine o'clock and ten o'clock in the forenoon on the last day of nomination, by the candidate and his proposer and seconder or by any two or any one of them.
; (2A) The returning officer shall not accept the nomination papers of any candidate- (a) which are not delivered within the period specified in paragraph (2)(b) (b) which are not delivered to him by any of the persons specified in paragraph (2); (c) which are not accompanied by the original copy of the statutory declaration as required under regulation 4(7); or (d) which are not accompanied by the deposit or the receipt issued in respect of the deposit made as required under regulation 5(1).
"; (3) After the nomination papers have been delivered as in paragraph (2), the candidate, his proposer or seconder may be allowed to make corrections 011. the nomination papers in the presence of the returning officer by ten 0' clock in the forenoon on the last day of nomination.
, 6 ' (4) The returning officer shall forthwith after ten o'clock in the forenoon on the last day of nomination cause a copy of every nomination paper so delivered to be posted in a conspicuous position outside the place of nomination.
(5) The returning officer shall permit the candidates and their proposers and seconders and one other person, if any, appointed by each candidate in writing to be present on the day and at the place of nomination between nine o'clock in the illoming and five 'clock in the evening on the first two davs QJnQminati!

?Jumg ten o'clock and eleven o'clock in the forenoon Q!!Jh~JasL(IaY.!
?Ll]Qmi!latign and there and then to examine the nomination papers of candidates which have been received for that constituency.

6A.
6A.

Marking of limit of and keeping order at place of nomination (l) It shall be the duty of the returning officer, subject to the general directions of the Election Commission, to mark the limits of any place of nomination he is attending to and no person other than the candidates and their proposers and seconders and one other person, if any, appointed by each candidate, shall be allowed at the place of nomination for the purpose of regulation 6(2) and (3).
(2) The retuming officer shall be responsible for keeping order at the place of nomination.
(3) If a person misconducts himself at a place of nomination or fails to obey the lawful order of the returning officer, he may immediately by order of the returning officer be removed from that place by a police officer on duty outside or near the place of nomination or by any other person authorized in writing by the returning officer to remove him, and the person so removed shall not, without the permission of the returning officer, again enter the place of nomination until the completion of the nomination proceedings.
(4) Failure to obey the lawful orders of the retuming officer shall be an offence punishable by a fine not exceeding three thousand ringgit.

7.

Objection to nomination papers.
(l) Objection may be made to a nomination paper by any person whose name appears in the electoral rolls for the constituency and by any candidate for the constituency on all or any of the following grounds but on no other ground, namely - (a) that the particulars of the candidate are insufficient to identiJY the candidate; (b) that the nomination paper does not comply with or was not delivered in accordance with these Regulations: Provided that no objection shall be made under this subparagraph in respect of any matter which, by virtue of regulation 4(6A), does not render a nomination paper liable to be rejected; (c) that it is apparent from the contents of the nomination paper that the candidate is not capable of being elected as a member of the Dewan Rakyat or a State Legislative Assembly; (d) that the candidate is disqualified from being a member under the provisions of the Constitution of Malaysia in the case of an election to the Dewan Rakyat or of the Constitution of the State concerned in the case of an election to a State Legislative Assembly.
(2) No objection to a nomination paper shall be allowed unless it is made to the returning officer between ten o'clock and eleven o'clock in the forenoon on the last day of nomination.

7 (3) Every objection shall be in writing signed by the objector and shall specify the grounds of objection.

The returning officer may himself lodge an objection on any of the grounds set out in paragraph (I).
(4) The returning officer shall with the least possible delay after eleven o'clock in the forenoon on the last day of nomination decide on the validity of every objection and inform the candidate concerned or his proposer or seconder named in the nomination paper provided for in paragraph (3) of regulation 4 or the objector mentioned in paragraph (I) of regulation 7 of his decision and the grounds thereof.

Such decision and the grounds thereof shall be kept on record.
(5) 'Fhe deeision ofthe returning offieer shall 13e-final and eonelusive for the pU'l'ose ofilie eleetion in respeet-of-whioh-thei'roceedillgs-ar~beillg-held;-and-·shall-not·-13e-called-in-questiolHn--any-·eourt,· Provided that any Any person aggrieved by the decision of the returning officer may present an election petition in respect thereof on ilie gfOlInds set Ollt in paragfllJJh (b) of seetion 32 of the Eleetion Gffences·-Act-1954;-and the provisions of Section 32 of the Election Offences Act 1954 shall take effect accordingly.
8.

Persons entitled to be present at nomination.
No person other than the returning officer, a member or officer of the Election Commission, and the persons mentioned in paragraph (5) of regulation 6, shall, except at the request of and for the purpose of assisting the returning officer, be entitled to be present at the proceedings specified in regulations 6 and 7: Provided that the one other person mentioned in paragraph (5) of regulation 6 shall not be permitted to attend the proceedings mentioned in paragraph (2) of regulation 6.

9.
9.

Withdrawal of candidature.

(I) A candidate may, J2y before ten o'clock in the forenoon on the last day of nomination, but not afterwards, withdraw his candidature by giving in person a notice to that effect in Form 6 or 6A, as the case may be, in the First Schedule to the returning officer.
The form shall be signed by the candidate and attested by a witness (2) In the event of a candidate withdrawing his candidature after the time specified in paragraph (I), the provisions of regulation II (7), (8), (9) and regulation shall apply.

UNCONTESTED ELECTIONS 10.

Uncontested elections.


If J2y OIl the last day of nomination in any constituency, after the determination by the returning officer of any objections which may have been lodged, only one candidate stands nominated for that constituency, the returning officer shall forthwith declare the nominated candidate to be elected, and shall forthwith return the writ issued to him under paragraph (I) of regulation 3, duly completed, to the Secretary to the Election Commission through the State Elections Officer.
The Secretary to the Election Commission shall cause the name of the member so elected to be published in the Gazette.

CONTESTED ELECTIONS 11.

Contested elections.

, , 8' (I) If IDr en the last day of nomination in any constituency, after the determination by the returning officer of any objections which may have been lodged, more than one candidate stand nominated for that constituency, the returning officer shall forthwith declare that a poll will be taken in accordance with these Regulations.
(2) (a) The returning officer shall by lot determine the order in which the names of the candidates shall appear on the ballot papers.

(b) Subject to this paragraph, the returning officer shall assign to each candidate a symbol approved by the Election Commission by such means as he thinks appropriate.
(c) For the purpose of this paragraph a political party may submit to the Election Commission for its approval and for registration, if so approved, a symbol, which in this paragraph is referred to as a "party symbol", for the use of its candidates at any election.
(d) In lieu of a symbol assigned in accordance with subparagraph (b), a returning officer shall on the request of any candidate, assign to him a party symbol: Provided that no party symbol shall be so assigned except on production by the candidate of a written authority signed by a responsible official of the party authorising the candidate to nse such party symbol for the purposes of the election.
(3) The returning officer shall, as soon as practicable, after making his declaration in accordance with paragraph (I), forward to the State Elections Officer a report that the election is contested together with a copy of the nomination paper of each candidate, a statement showing the order in which the names of the candidates will be printed on the ballot paper and the symbol assigned to each candidate.
(4) The returning officer shall also as soon as practicable forward a certified true copy of each rejected nomination paper and the grounds on which the rejection was made to the Secretary to the Election Commission.
(5) Upon the receipt of the report mentioned in paragraph (3), the State Elections Officer shall give, in such manner as he thinks fit, a notice to the public as set out in Form 8 in the First Schedule specifying - (a) the constituency in which the election is contested; (b) the date on which the poll will be taken !

!DiJh"AfQr.em~!!liQI\e-,Lg1!te.l!ll<!lL!!QLpj;J.~s.J!
:H!Jl 30 days after the last nomination day; Jc) the names of the candidates in the order in which they will be printed on the ballot papers, the symbol allotted to each candidate and the names of their proposers and seconders; and (d) the situation of the polling centre or polling centres for each of the polling districts for that constituency and the hours between which each polling centre will be open.
(SA) Unless the Election Commission, by notice in such manner as may be determined by the Election Commission, appoints any other hours in respect of any constituency or part thereof, the poll in any constituency shall be open for twelve hours between such hours as the Election Commission shall specify.

(SB) The notices referred to in subregulations (5) and (SA) shall as soon as practicable be published in th€: Gazette.

.
9 (6) If, after an election has been reported as contested one of the candidates nominated dies or becomes disqualified from being a member of the Dewan Rakyat or the Legislative Assembly of the State, as the case may be, before the poll has commenced, or if owing to any cause whatsoever the poll cannot be taken or has not been taken on the polling day specified in the writ issued to the returning officer under paragraph (1) of regulation 3, the returning officer shall, upon being satisfied of such fact, or such cause, as the case may be infonn the Secretary to the Election Commission by endorsing the fact or the cause, as the case may be, on the reverse of the writ issued to him under paragraph (I) of regulation 3 and returning it to him without delay.
The Election Commission shall countennand the notice for the poll, and shall appoint by notice published in the Gazette a fresh date for the election and in such case all proceedings with reference to the election shall be commenced afresh, provided that no fresh nomination shall be necessary in the case of a qualified candidate who stood nominated at the time ofthe countermand of the poll.

[Am.
[Am.

PU(A) 31/1990} (7) If, after an election has been reported as contested, one ofthe candidates who stands nominated withdraws from being a candidate to the Dewan Rakyat or the State Legislative Assembly, as the case may be, before twelve noon a day after the last day of nomination, the candidate shall give in person a notice to that effect in Form 6 or 6A, as the case may be, in the First Schedule to the returning officer.
(8) The Form 6 or 6A referred to in paragraph (7) shall be signed by the candidate and attested to by a witness.
(9) The returning officer who receives a notice referred to in paragraph (7) shall - (a) if only two candidates stand nominated for that constituency on the last day of nomination and one ofthem is the candidate who is withdrawing his candidature, forthwith declare the other candidate to be elected, and shall forthwith return the writ issued to him under regulation 3(1), duly completed, to the Secretary to the Election Commission through the State Elections Officer and the Secretary to the Election Commission shall cause the name of the member so elected to be published in the Gazette; and (b) if more than two candidates stand nominated for that constituency on the !lt~t day of nomination and one of them is the candidate who is withdrawing his candidature, forthwith inform the Secretary to the Election Commission of such fact and the Secretary to the Commission shall print new ballot papers with the names of the candidates who stand nominated.
(10) The deposit made under regulation 5 by a candidate who withdraws his candidature pursuant to paragraph (7) shall be forfeited and paid to the Federal Consolidated Fund.".

12.

Appointment of presiding officers.

(1) Subject to the general or special directions of the Election Commission, each returning officer shall appoint, and may revoke the appointment of a presiding officer to preside at each polling station for his constituency.

Old Paragraph 2 has been deleted [Am.


PU(A) 147/1990} 10 (2A) The appointments of half the presiding officers shall be made from those in public services and th~_91h~LI)J\I[tt9I!L!

!mQ!1~stp"rsQm_}YhQJ!r~lIQ:tm~mlt\1Is_QflI!lY_P\!bli!<_s~ry.ig~_s; (a) Provided that half the appointments of presiding officers from those in public services are not and have not been members for the past 2 years of any political parties.
(b) Provided also that the other half of the appointments of presiding officers from amongst persons who are not members of any public services shall be made from nominations __1\I~j!lY.9JY_'ldj!J 9Qmi!lKfn2m __PE,-f\1Asi9JJ!!Lb_9gj""S_J!!1JLi!.

!,kp"nd~n:tgjyjl_sQ9j-"li~LWILQ monitoring of elections or election reforms and such appointments will be made from those who are not and have not been members for the past 2 years of any political parties QL\1mp!QY~\1jLQf!!ny_gQY~mm\1ntJi!JI<.-"dJ'-QI!lP!!ni"s.
Ih"JiI"l'-tiQ1LCilI!lnLissjGJLShill!

seL\!pJ!1''-!)-'''Q~ss-,t!y_qit\1Iil\_1Q_aQg~PtJ!JL<:L~y.!!J!!!

!t-'''-.Sl!g!L!1ilmjnl\t!,ms which shall ensure the independence of the appointments and their function.

(3) Each presiding officer shall be supplied with a copy of that part of the electoral roll containing the names of electors in such roll assigned to his polling station.
(4) If any presiding officer is by sickness or other cause, prevented from acting at any election, and there is no time for another person to be appointed by the returning officer, the presiding officer may appoint a deputy to act for him and every such appointment shall as soon as possible be reported to the returning officer and may be revoked by the returning officer, but without prejudice to the validity of anything already done by such deputy.
The criteria for the selection of a deputy shall be governed hA\!QP!!mgr!!p!L2A!!bQy.~.

(5) The returning officer may, if he thinks fit, preside at any polling station, and the provisions of these Regulations relating to a presiding officer shall apply to such returning officer.

12A.

Appointment of other officers and staff.


(I) Subject to the general or special directions of the Election Commission, each returning officer shall appoint, and may revoke the appointment of, such other officers or staff to assist the presiding officer or officers at each polling station for his constituency.

(2) Such other officers and staff shall be under the general supervision or direction of the presiding officer or officers of the polling station of the constituency.

13.
13.

Facilities to be provided at polling centre and station.

(I) A notice as set out in Form 8 in the First Schedule shall be affixed by any presiding officer outside each polling centre in a conspicuous place before the commencement of the poll.
(2) During the taking of the poll the presiding officer shall cause to be exhibited outside his polling station a notice substantially in the form set out in the Second Schedule giving directions for the guidance of voters in voting, which shall be in the national language and may cause to be exhibited such notice in such other language or languages and in such characters as the Election Commission may direct.
(3) It shall be the duty of the returning officeK to provide at each polling station reasonable facilities for the polling agents to observe the verification of the identity of electors by the returning officer and 11 reasonable facilities for the electors allotted to such station to enable them to mark their votes in secret sereened frem oaseryatien and to vote in accordance with the provisions of these Regulations, and he shall determine, or may authorise the presiding officer to determine, in what manner such facilities shall be distributed among the electors entitled to vote at such election.
(3A) The minimum facilities for the purposes of subsection (3) and the layout to be adopted in respect of each polling station shall be as prescribed by the Election Commission.

(3B) The returning officer shall allow the candidate, booth observer, polling agent, counting agent, officer, clerk and any other authorized person in attendance to have usage of their mobile devices, l1l\gLQ_QLyj.suaLr,,-c_QIqj.l1g.c!,,-yj!<~L'!!!_(LcQmPJJ!ingJi\1Vi£~~J!Uh~_PQ1!iJ1K_g)!1J"-Un\LPoJli!:!g_~t!
!tiQ!1~JQ facilitate the discharge of their duties, provided their activities do not interfere with or disrupt the polling process.

(4) An eleetion shall not ae questioned ay reason ORI)' of non eomplianee with the provisieHS-<tf paragr-aph-(3), 14.

Right of registered elector to vote.

The electoral rolls for the time being in force shall be prima facie evidence for the purpose of determining whether a person is or is not entitled to vote at an election in any constituency.

14A.
14A.

Authoritative text of electoral rolls t!le__~k£tQmLro.U~, (I) J'.h!!.JS'turni!

:!_Koffi£~L!1m~t~lJl1mj_UQ_th~__can.di\L'!t~_ on_Jll~_Qll.)'...of!

!omination Such electoral rolls which are submitted to the candidates :r-he-eleetoral-rolls-whieh-are-submitted-to tlle--eandidates-on-the-day-of-nomination-shall be the authoritative texts of the electoral rolls which will be used by the returning officer and the presiding officer of a polling station on polling day.
(2) The authoritative text of the electoral roll shall consist of the principal electoral roll as referred to in Regulation 10 of the Elections (Registration of Electors) Regulations 2002 and the latest gazetted version of the supplementary electoral roll as referred to in Regulation 22 of the Elections (Registration of Electors) Regulations 2002.

Such electoral roll shall include all voters including those '!Yb.o_~m'ploy-,!!ls_ente~_YQtingf(l.i'j!i.1jes.
(3) Where advance voters are certified by the Election Commission under Elections (Advance Voting) ~lations 2012, Regulation 3(1)(b), the returning officer shall deliver such names by hand to the _c_!

!.ndidate__QLhis_ e1e.ctLQ!lJ,gentJ1.Qtla@r thmL7.g11.

)'sJ2,,-fo.re__PQ!1inggl1Y, 15.

Admittance to polling station.
(I) 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 assigned7, Provided that where an eleetor-fer any eonstitueney is employed as a presiding offieer or-ia-aay-other offieial--eapaeity-at-a-po-Iling-station-within--that-eonstitueney-and-4t--is-ineonvenieat-jor-him-to-vote-at the-po-lling station to vmieh-that part of the eleetoral roll whieh-eontains his name has aeen assigned, the retnming offieer m<l)' authorise suoo eleetor to vote at any other polling station in the eonstituency.
Sueh-authorisation--shall--ae-given-under-the-hand-of-the--retnming-offieer-and-shall-state-the-name-of the eleetor and his number in the eleetoral rolI,aad the faet that he is so employed as aforesaid-aad shall speeif'y the polling station at whieh he is authorised to vote.
Subregulation (2)and 2 A has been deleted 12 (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 authorised in writing by the Election Commission.
(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 (1) of section 14 of the Election Offences Act 1954, shall be admitted to a polling station whilst the poll is open.

[Ins.

P.U.

(A) 126/94J (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 authorised 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.
(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.

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

16.

Marking of polling station limits.


It shall be the duty of each presiding officer, subject to the general directions of the Election Commission, to mark the limits of the polling station at which he is appointed to preside.

17.

Poll by ballot and ballot papers.

(I) The votes shall be given by ballot and the ballot of each voter shall consist of a paper, which in these Regulations is referred to as a "ballot paper".
(2) Every ballot paper shall consist of a list of candidates in Roman letters described in accordance with Form 4 or 4A, as the case may be, in the First Schedule, and arranged in such order as shall be determined by the returning officer in accordance with subparagraph (a) of paragraph (2) of regulation 11, together with the symbol assigned to each candidate in accordance with subparagraph (b) of paragraph (2) of regulation II.
(3) Every ballot paper shall be in Form 9 in the First Schedule and shall be capable of being folded.

Each ballot paper shall have a number printed at the top left hand corner and shall be attached to a counterfoil with the same number printed upon it.

18.

Ballot boxes., 13 (I) Every ballot box sball be so constructed that the ballot paper can be put in but cannot be taken out otherwise than by unlocking the box.
(2) The presiding officer at a polling station shall immediately before the commencement of a poll, show each ballot box to be used to such persons as may lawfully be present at such polling station so that they may see that it is empty.
(2A) For the purpose of paragraph (2), if a candidate or his election agent or polling agent is not present then at the polling station, the candidate or his election agent or polling agent shall be deemed not to dispute that each ballot box shown by the presiding officer is empty.
(2B) In the case where the presiding officer is not able to conduct the procedure mentioned in paragraph (2) as no person who may lawfully be present at a polling station is present at the polling station, the presiding officer shall call any police officer on duty outside the polling station to be present at the polling station so that he may see that each ballot box is empty.
(3) The presiding officer- (a) shall then lock up the ballot box; and (b) shall affix on the ballot box a clip and security tape and the security tape shall be signed by the presiding officer and by each candidate or his election agent or polling agent who is present and who desires to sign on the security tape, in such a manner so as to prevent the ballot box from being opened without breaking the clip and the tape, and the ballot box shall not again be opened until after the close of the poll.".
(4) He shall keep it in his custody until it is despatched or delivered to the ,returning officer in accordance with the provisions of these Regulations.

[Am.

PU(A) 147/1990} ill b!!!!9JJll!pen;j~Sl!egJ9J!lmJ;>YJh~u~t!

!ffiinR-QffiJ;er" At e minntes before the opening of poll, the presiding officer shall account for the (2) The presiding officer shall, in the presence of all the candidates, their election agent or polling agenCpres..enLcol!!!Ul!."'-!!.!.l!!l!;ter-9J:'.ba!l.QUw.o!5:UsJ;.\!.
?A,.i1!sp.ec.LeYefY.lmllot !

!Q9.k.1Q..®.sur.UQJ!t.th.e ballot PlWers have running serial numbers, are clean and not defaced.

(3) Any ballot paper that does not conform with sub-paragraph 2 and 3 above shall be removed -"n!L~1jlmped -'~E,eJeSle!r.

:..P.Y_t1)!Lme~i<iillg..Qffi-.ger an(U'.eP1...as.!g.'Lil).

.

!

!...~P!1f.ate..J<.l)y.eIQP!·,,--Ihe conforming ballot papers shall be perforated with the embossing tool provided for the polling station.

(41__The_P.te~ig.iI!~LQm.9.eub.aILe!!lh9.~~.


.a.s.jl!llJl!e.QLthe..p.er.f.QIatiQ!!...p.L~.9rihe!LfuLt!!.?_.p.oI!i!

!g station in the space provided in Form I3A of the First Schednle.

The form shall be completed by the presiding officer in sufficient copies such that all candidates/agents will be given one coRY each.

He maIbign.Q!!J!.!!.c.Q.Pie~.-,,!!<iJ:."lq!!ireall.9jlI!!iig.ate.~agm~.pre~enUQ.YeI.ifya1!
!isg!1.firm.Qy.~ign-"ture.9Jl the same form and in the correct sequence, the correctness of the entries.

(5J__lLi~.ma.!!Q!!torY.(QLthe.presigi!!.g.Qffic.erJ9_is.~!.le.£Q!m.JJAtQ..a!

!.~1mgigatesjl!ge.11ts..P.rese!Jt, duly signed by him and all candidates, their election agents or polling agent if they so wish.
14 (6) Failure by the presiding officer to issue Form 13A to the candidates, their election agents or PQmDgJ.lg~nk~!l!l,1.L];>.~.mLQff~nG~.Pll!1i.~!1J!Ql~.RyiI!ll1ri~.QHm~Itt!J.Q.t~l\c.~~<:!i!}.g.J}\,!:LY~<lJ1LQL'Lfj!J!

;L!1Qt exceeding three thousand ringgit or to both such imprisonment and fine, [Subs.

PU (Aj.

43/12] 19.

Manner of voting 19.

(1) Each voter shall be given one ballot paper and shall be entitled to one vote.
(2) As each voter requests for a ballot paper, the number and name of the voter as stated in the electoral roll shall be called out.
(3) Where no mark in accordance with subregulation (5) has been made against the number and name of the voter in the electoral roll to denote that a ballot paper has been issued to the voter, the presiding officer or any person acting under his authority shall, before a ballot paper is issued to the voter, require the voter to show his left forefinger in order to ensure that no indelible ink has been marked on the voter's left forefinger.
(4) After the presiding officer or any person acting under his authority is satisfied that- (aj no mark has been made against the number and name of the voter in the electoral roll in accordance with subregulation (5); and (bj no indelible ink has been marked on the voter's left forefinger, the presiding officer or any person acting under his authority shall then make a mark on the voter's left forefinger using the indelible ink and thereafter the presiding officer shall issue a ballot paper to the voter .in accordanGS'.
witlLth~.PLQG-,,-gllr~..Q~§cJib-,,-gj!1~ubr~lLI!1<ltionti5.A) ang.

(5J:i) bel!!

}\', (5) Before the ballot paper is issued to the voter, a mark, without indicating in any way the particular ballot paper to be issued to him, shall be made in the electoral roll against the number and name of the voter to denote that he has been issued with a ballot paper.
(5A) The presiding officer or a person acting under his authority shall tear out several ballot papers illlclpl!lc.~Jh~Jm1.l9tl1<lp~rU-,mQ.Qmk~uchthat tlle.Y_~!lillLnotl!H.

!lP!l,bkQfj-,kntifiG"tiolh.for~§l~GtiQ!I by the voter.

(5B) The presiding officer or a person acting under his authority shall ensure that the number of ]Jal1Q1-11apJ;:~r~lQ!.
!LQJJlfQr..s.~l~.~tkmJ?y..fu~..Y.Qt~Li.~.Jn_~iD.1~i!1~Q.,J1Jl,;tI~"pJ~!li.~h~Jlx§.gyl¥1y._f!JJ.QJh1l,.tJh.~I~ ... , 15 (6) The ballot paper shall be perforated or stamped with the official mark or initialled by the presiding officer on the margin of the ballot paper and the ballot paper shall then be issued to the voter by the presiding officer or any person acting under his authority.
(7) On receiving the ballot paper, the voter shall forthwith proceed to such place in the polling station as may be indicated by the presiding officer or any person acting under his authority and shall there secretly mark the ballot paper in accordance with the directions given for the guidance of voters referred to in subregulation 13(2).
(8) The voter shall then fold the ballot paper so as to conceal his mark and shall put the ballot paper into the ballot box and without undue delay shall then forthwith leave the polling station limits.
(9) The presiding officer or any person acting under his authority may ask any voter whether such voter understands the manner of voting and if he thinks fit, at the request of any voter, may explain to such voter in the hearing of any polling agent present in the polling station the manner of voting; in so doing he shall carefully refrain from any action which might be construed as advice or direction to vote for any particular candidate.
(10) At the request of a voter who is incapacitated by blindness or other physical cause from voting in the manner prescribed by these Regulations, any person trusted and nominated by the voter, who shall be a citizen of or over the age of twenty-one years, or if such person is not nominated, the presiding officer, in the presence and hearing of the polling agents present, shall mark the ballot paper of such voter in the manner dictated by the voter and shall cause the ballot paper to be placed in the ballot box.
(11) Any person nominated under subregulation (10) shall make a declaration as to his identity and nomination in Form lOin the First Schedule and every such declaration shall be exempt from stamp duty.

Sufficient copies of Form 10 shall be prepared such that the presiding officer is able to deliver a signed copy of Form IOta every polling agent that so request it.
(12) The presiding officer may, at any time while the polling is proceeding, take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers.
, , 16 , , (13) A reference to the left forefinger of a voter in this regnlation and regnlation 19A shall be construed- (aj in the case where the voter's left forefinger is missing or his left forefinger cannot be marked for whatever reason, as a reference to another one of his left fingers; (bj in the case where all of the voter's left fingers are missing or all his left fingers cannot be marked for whatever reason, as a reference to his right forefinger or another one of his right fingers; and (cj in the case where all of the voter's left and right fmgers are missing, as a reference to the end of his left or right arm.".
19A.

Non-compliance with the manner of voting [Ins.

PU (Aj.
43/12J (I) If the presiding officer or any person acting nnder his anthority finds that- (aj the voter refuses to show his left forefinger in order to ensure that no indelible ink has been marked on the voter's left forefinger in accordance with subregulation 19(3); (bj the voter refuses to have his left forefinger to be marked with indelible ink in accordance with subregulation 19(4); or (cj the voter's left forefinger has been marked with indelible ink but no mark has been made against the number and name of the voter in the electoral roll, the presiding officer or any person acting under his authority shall record the refusal of the voter or the fact that the voter's forefinger has already been marked with indelible ink in the declaration provided in Form lOA in the First Schedule, and refuse to issue a ballot paper to the voter.
17 (2) If the presiding officer or any person acting under his authority finds that a mark has been made against the number and name of the voter in the electoral roll but the voter's left forefinger has not been marked with indelible ink, the presiding officer or any person acting under his authority shall refuse to issue a ballot paper to the voter; and the presiding officer or any person acting under his authority shall record such fact in Form lOA.
(3) The presiding officer or any person acting under his authority shall sign the declaration in Form lOA in the presence of a witness; and every such declaration shall be exempt from stamp duty.

20.

Declarations by voters.

(I) The Ilresiding affieer at euy Ilalling statian may, in his diseretian, require llflJ' vater, befare he is given a ballat IlllflCf, ta furnish sueh evidenee af his identit:,' as the Ilresiding affieer may deem ReeeSSa!)'
llfld ta make llfld subseribe ta the deelaratiaR set aut iR Farm II iR the First Sehedule llfld every sueh deel_tieR shall be exemllt ¥ram stamll duty.

PA) Only identification documents bearing a photograph and issued by the National Registration Department shall be accepted as proof of identity at the polling centre.

Any voter producing a t~illPQ[JLry,Ld""1l1if!9J!UQ!U.l.Qc!

!ment is§J!~gJ;J-Y..J:h~_:NJ!tL<:m.i)1!~ggLs!


!II1LQ,n_])epflrtl1l~J!L~I!£!UDJl.quireq to complete Form II as specified in Elections (Registration of Electors) Reg!

)lations 2002 ("Form II") and shall also produce his photograph.

which shall then be affixed to the completed Form II to be th"rJl.l!ftS<Ls.tillmj!t,~4JQ.tll",pr~si<.lil1g,QJfi9-l)I_1!1l4,a CQPY-Qftlle_d!!.IY_,9Qmplet!l-,LF.Q.mLU"sh-,!!LQ~ID.!
!,@ available to the polling agent in the polling centre_ (IB) The identity of a voter must be capable of verification against the identification documents l1roduced to the presiding officer to establish the voter's identity, before a ballot paper is issued to him.

The presiding officer shall refuse to allow a voter to select a ballot paper if, after such enquiry as he g-"_~mLI1~cessl!ry"_an4.,exp~4i~_l}U@I"J.s.J~J!s.Q!
:1__.\Q....Q"U~'y~"thllUbJl....Y.QieU§---'!ttenm.tlnlLLQ..l!void detection of his true identity.

(2) If llflJ' Ilersan fails te furnish suoo evidooee ar refuses ta make sueh deelaratien, the IlresidiRg affieer shall refuse ta give him a ballat Illlfler.

21.

Spoilt ballot papers.
A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be used as a ballot paper may return it to the presiding officer and if the presiding officer is satisfied that the condition of the ballot paper is due to inadvertence, he shall issue another ballot paper in place of the ballot paper so returned, and the ballot paper so returned shall in tl,ese Regulations be referred to as a "spoilt ballot paper" and the spoilt ballot paper shall immediately be cancelled by the presiding officer.
Regulation 22 has been deleted 23.

Closing of poll.

, IS OlNo ballot paper shall be issued to a voter after the hour fixed for the closing of the pnll but if at that hour there is in the polling station any voter to whom a ballot paper has been issued, such voter shall be allowed to record his vote.

23A.

Place of counting of votes.


(1) Subject to this regulation and subregulation 25B(4), votes by electors at any polling station shall be counted at the polling station where the electors voted, in accordance with the procedures set out in these Regulations.
(2) The Election Commission may, if it considers it necessary or expedient in the circumstances of any case, by notice direct that the votes by electors at any or all the polling stations in a constituency be counted by the presiding officer of the polling station, at such counting place or places as the Election Commission may speciJY.
(3) The notice under paragraph (2) shall be as set out in Form 12A in the First Schedule, and the Election Commission shall- (a) at least three days before the commencement ofthe poll- (i) forward a copy of such notice to the State Election Officer and the returning -officer responsible for the polling station or polling stations to which it relates; and (ii) cause a copy of such notice to be given to each of the candidate or his election a gent; and (b) at any time before the commencement of the poll, cause a copy of such notice to be posted in some conspicuous place outside the polling station or polling stations to which it relates.
24.

Procedure on close of poll.

(Subs.

P.U.

(A) 176/94J [Am.
PU(A) 147/1990J (I) As soon as practicable after the close of the poll the presiding officer shall, in the presence of each candidate or his election agent or polling agent who is present - (a) secure the ballot box at such polling station and affix a security tape to it so as to prevent the introduction of any ballot paper thereafter into the ballot box and the security tape shall then be signed by the presiding officer and by each candidate or his election agent or polling agent who is present and who desires to sign on the security tape; (b) determine the number of ballot papers issued to voters at the polling station, and the number of unused and spoilt ballot papers; (c) prepare sufficient number of copies of the ballot paper statement in Form l3B in the First Schedule, which shall be certified by the presiding officer and signed by each candidate or his election agent or polling agent who is preseftUtsJit:len(:Land who desires to sign the same,j-llftt!
whereupon a copy of each of the signed ballot paper statement in Forml3B in the First Schedule shall be delivered by the returning officer to each candidate or his election agent or PoI1il1Kf\g~!!!,J"sP~_9tjYeJy_,_',Yith_i!S_QJ<yJQL!lims'C!
[, , 19 Cd) examine the counterfoils of the ballot papers to ensure that the counterfoils do not bear any_markings; (e) examine the electoral rolls to ensure that the electoral rolls do not bear any marks inJ!j9.ating!b-"sP!'9_ifI9J:Jal\QJ.p"'P!lrjss-,!~QJQ.ea9.h.y"teG.am!
tillLmake up - (i) the unused and spoilt ballot papers; (ii) the marked copies of the electoral rolls; and (iii) the counterfoils of the ballot papers, into a single packet which shall then be affixed with security tape and the security tape shall be signed by the presiding officer and by each candidate or his election agent or polling agent who is present and who desires to sign on the security tape.
(2) As soon as praetieable after the conclasion of the proceedings ander paragraph (1), the presiding offiee--shall-mak-01"reparation-to-eoant-the-votes-by-elec-tors--at-the-poHing--station-at-which-he-presides in-the-presence-of-eaoh-oandidate-or-his-·-election-agent--ol'-OOUllting-agent-wh-o-is-present;-and-shall infonn the candidates, their eleetion agents or coanting agents-of-the time when he vIm begin to ooant the--votes, No counting shall commence before close of polling for all polling stations and centres in the same constituency, except for an advanced polling station/centre overseas situated within a different time zone.
Provided that where the Election Commission directs, under paragraph (2) of regulation 23A, that the votes by electors at the polling station be counted at a specified counting place, the presiding officer shall take the ballot box, the packet referred to in paragraph (l)(f) and the statement in Form 13B referred to in paragraph (1)(c) to such counting place.

(3) The presiding officer shall provide facilities for the candidate, his election agent or counting agent to accompany him.
(4) Failure by the presiding officer to comply with this regulation shall be an offence punishable by imprisonment not exceeding two years or a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

[Am.
P.u'(AJ 176!94] (3) Where the same person is appointed to preside at more than one polling station within the same polling district and the Election Commission directs that the same ballot box be used at all the polling stations at which he presides, the presiding officer - (aJ may, present- in the presence of each candidate or his election agent or polling agent who is (i) notwithstanding subparagraph (a) of paragraph (1) reopen the ballot box affixed with security tape in such a manner that ballot papers issued at any subsequent polling stations at which he presides can be inserted but nothing can be removed from it; (ii) reopen the packet sealed pursuant to subparagraph (d) of paragraph (I) for use at each subsequent polling stations at which he presides; , 20 (b) shall only perform the proceedings referred to in subparagraphs (b) and (c) of paragraph (1) and proceed to count the votes on the last day of the poll for the constituency and after the completion of the poll at the last polling station at which he presides.
24A.

Fresh poll at polling station in the case of unlawful removal, loss, destruction, etc., of any ballot box.

[Am.
PU(A) 176/94] (I) If at any election - (a) any ballot box used at a polling station- (i) is unlawfully removed from lawful custody, or is lost; or (ii) is destroyed, damaged, or tampered with, to such an extent, so that tbe result of the poll at that polling station cannot be ascertained; or (b) any such error, irregularity or defect in procedure as is likely to affect the validity of the poll occurs at a polling station, the returning officer shall, upon being satisfied thereof, forthwith report the matter to the Secretary to the Election Commission.
(2) Upon receiving a report under paragraph (I) the Election Commission shall, after taking all material circumstances into account, either - (a) declare the poll at that polling station to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station and - (i) cause a notice of such declaration and the day and hours so appointed and fixed to be published in the Gazette; and [Am.
PU(A) 31/1990] (ii) send a copy of such notice to the returning officer who shall cause the same to be further published in the constituency in such places and in such manner as he may deem necessary; or (b) if satisfied that the result of a fresh poll at that polling station will not, in any way, affect the result of the election, issue such directions to the returning officer as the Election Commission deems proper for the further conduct and completion ofthe election.
(3) The provisions of these Regulations shall, as far as practicable, apply to every fresh poll in the same manner as they apply to an original poll.

25.

Counting of votes by presiding officer.


(1) No counting agent- (a) whose name and address have not been notified to the presiding officer as reqnired by section 14(1) of the Election Offences Act 1954; er , , 21 (h) vlhose name and-address have been notified as sneh bnt is not-permitted by the presiding offieer to attend, may be present nt the eonnting-ef-the-¥etes, may be present at the counting of the votes.

[Subs.
[Subs.

PU(A) 176/94] (lA) Not more than one counting agent of each candidate may be admitted at a time to any polling station or place appointed for the official addition of votes.
(2) No person other than- (a) the members and officers of the Election Commission; (b) the returning officer, the presiding officer and such other officers and staff appointed under regulation 12A; (c) the candidates and their election agents and one counting agent for each candidate; and (d) persons authorised in writing by the Election Commission, may be present at the counting of votes.

[Ins.
[Ins.

PU(A) 176/94] (2A) Members or officers of the Election Commission and other persons authorised pursuant to sub r~ulation 2@ wQ~.!!nU1T-ese!lL.Q!!rj!!g_JhjL!;Q.!!

!J.ti!1Z_Qf.YQ!~_s__ ~!!.l!!L.

!1ot withou.t reasQnaQk.S_'!lJ§~ interfere with any proceedings.

(3) Before the presiding officer proceeds to count the votes, he or the persons authorised by him shall ~!J$!!r~_th'!Lt!!~jLh1!!lg_~_Jrr..!L!;!~'!
!l.lLQg in the presence of each candidate or his election agent or counting agent who is present - (a) open the ballot box; and (b) arrange the ballot papers in the ballot box by serial numbers and verify that the serial numbers of the ballot papers in the ballot box are consistent with the stnternent in-Ferm 13 aforesaid, it appear-s-that--the--ftlHUber-<kbaHtlt-paflers in the ballot bOl< (l}{-eeeds-the-nnmber-mnted to be ther-ein-aeeerding-te-sneh statement;-the-pr-eeednre deseribed in the Third Sehednle shall be adopted.
serial numbers reported in Form 13B Ballot Paper Closing Statement.

Any ballot paper without a serial number or bearing a serial number that is not reported in Form 13B or bearing the same serial number as another ballot paper shall both be marked "Rejected" and placed in a separate receptacle.
(4) If, in eornparing the RlHUber of ballot papers with the statement in Form 13 aforesaid, it appears that-the--nurnber-of-ballot-papers-in-the-ballot-bex-exeeeds-the-nurnber-stated-to-be-therein--aeeording-te 5'lIeh-statement,-the-proeedure-deseribed-in-thtt.-T-hird--Sehedlile-shall-be-adopte<h , 22 (5) The presiding offieer while eonduoting the procedure deseribed in the Third Sehedule shall take all proper precautions for preventing any person-wbo-iJ.as-net taken the-oath of secrecy as preseribed-by subseetion-fl}-of'-seetion-5-ofthe--Eleetion--Offene-es-Aot--I954,--from--seeing--the-numbers-pr-inted-in such ballot papers.
(6) The presiding officer or the persons authorised by bim shall then proceed to count the ballot papers according to the votes by electors for each candidate and shall endorse the word "rejected" on any ballot paper which he may reject as invalid_ (7) The presiding officer shall reject as invalid the following ballot papers only, namely, any ballot paper- (a) which is not stamped or perforated with the official mark, or initialed by the presiding officer; (b) on which votes are given for more than one candidate; (c) on which anything is written or marked by which the voter can be identified; (d) which is umnarked or marked other than in the place or manner provided; or (e) which does not clearly indicate the intention of the voter; (f) which does not have a serial number shown in Part B of Form 13E- Provided that if a presiding officer is satisfied that such ballot paper was issued in a state which would render it invalid under this regulation owing to some act or omission by him or a person acting under his authority, and if the ballot paper is otherwise valid, the presiding officer shall not reject such ballot paper.
(8) l'!otv/ithstaRdiRg subpat'ilgraph (d) of parHgfftph (7), where the presiding officer is satisfied that nay marl, made OR a ballot paper olear!)'

iRdieates the iateatioR ef the Yoter ftftd the eftftdidate for whom he has givOll his Yote, the presidiRg offioer shall Rot rejeot the ballet paper OR the greund sele!)'

that it has Ret beeR marked iR all respeets in aooordaRoe with the direetieRs giveR for the gaidftftoe of veters uRder these RegulatieRs.
The presiding officer in deciding whether to accept or reject a ballot paper shall be guided solely by the provisions of the Second Schedule.

(9) Before rejecting a ballot paper the presiding officer shall show it to each candidate, his election agent or counting agent, if present, and consider his views thereon.

(10) The decision of the presiding officer, whether or not any ballot paper shall be rejected, shall be final.
Paragraph 11 has been deleted (12) Subject to paragraph (13), the presiding officer shall, immediately after the completion of the counting ofthe votes - (a) announce to every candidate or his election agent or counting agent who is present the number of votes given to each candidate; (b) prepare a sufficient number of copies of the statement of the poll in Form 1.4 in the First Schedule.J'pJ:m_HAj!:UJ:!
!<_9a_~_ofJ;~1§J;:!iQllJLCAdYmlC_e_YQ!il),glJ~Jelwlalign~_2h!2__gLFPXm 23 14A in the case of Elections (Distance voting) Regulations 2012 which shall be certified by the presiding officer and signed by each candidate or his election agent or counting agent who is present and desires to sign the statement of the poll, as follows - (i) one copy, for the returning officer, shall be enclosed in a special envelope supplied for the purpose, affixed with a security tape which shall be signed by the presiding officer; and (ii) one copy shall be delivered to each of the candidate or his election agent or counting agent-as attend, !
!!).Qlt§lH!!Ltl~JTI!!!

)91ljQry_fOLt!J_~_lln~_~i.ding_Qmg_~rJ_Qj§.sQ~l'grm._l4...fomLL:l:AjlLth~sase of Elections (Advance voting) Regulations 2012 or Form 14A in the case of Elections (Distance voting) Regulations 2012 to all candidates their election agents or counting agents l'fesent, Q!!kl'jgn~g__"-Y-Jh_e__pr.~§jg.i.!

)K offic_~ andl!!L~aJJ9jg;!t~s._JJ!~JL_!'Je_Q!i91U!g"m_LQL9Q!
!nti!1.g agents present, (c) inform the returning officer, by any means available to him, ofthe result of the counting of votes at his polling station.

(12Ai Failure by the presiding officer to comply with this regulation shall be an offence llunishable by imprisonment not exceeding two years or a fine not exceeding three thousand ringgit or to both such imprisonment and fine.
(13) Where the difference between the number of votes by electors for the leading candidate and the number of votes by electors for the next leading candidate is four per centum or less of the total number of votes by electors, then upon the application of either any candidate or of his election agent or counting agent a recount shall be made once only before the presiding officer carry out the proceedings set out in subregulation (12): Provided that the recount shall not take into account rejected ballot papers and spoilt ballot papers.
(14) The presiding officer may in his discretion order a recount once only to satisfy himself as to the correct result of the voting.

25A.

Safe custody of election documents.
(1) On the completion of the counting of votes, the presidiug officer shall, in the presence of each candidate or his election agent or counting agent who is present- (a) make up the counted ballot papers and the rejected ballot papers into a single packet which shall be affixed with a security tape and the security tape shall be signed by the presiding officer and by each candidate or his election agent or counting agent who desires to sign on the security tape; and (b) enclose the statement in Em:nL!J_1\ referr!,_g_JQj!)_I~gula.tiQ_!
)J __8AHt'!1!gJ~'g!1!LJ3B.
referred to in regulation 24(1)(c) in a special envelope and affix security tape to it, (2) The packets referred in paragraph (I) (a) and regulation 24(1) (aD- , , 24 (a) shall be placed in the ballot box which shall be affixed with a security tape so that nothing can be inserted into or removed from it without breaking the security tape; and (b) the security tape shall then be signed by the presiding officer and by each candidate or his election agent or counting agent who is present and who desires to sign on the security tape.
(3) The presiding officer shall despatch or deliver in such manner as may be determined by the Election Commission- (a) the ballot box; (b) the special envelope containing the ~1!!lcIn\'-IJJ~F.QmI§.J.1A.J!

!ldJJJ2iH Ferm 13 referred to in paragraph (I )(b); and the special envelope containing the statement (c) 25(l2)(b); In Fonn 14 referred to In regulation in safe custody to the returning officer by the most direct route which shall be made known by the Lel!!!l!iI!l~..g.ffl9.eLlQ_tl:!"-QI!
!lQ.i.QJ!g,.L9J tlwir agents at Ic!lpJ.4jU).Q!

!rUJ~Q1:'4'.9Jling.aart.§JJ)the_\'-Ycnt of a flood or natural disaster, which prevents the returning officer from complying with this condition, he shall discuss with all the candidates or their agents a mutually·acceptable alternative route.

C4) Where dispatch or delivery is to be effected by transportation by water or by air.
the presiding officer shall make provision within the vessels or aircraft for the items in sub-paragraph 3Ca)·(c) <!p.9yc_lo_Pc aCC.9lliP!!n!.c.Q.P.Y.

!I11y-,,<!nQ.i.date or his !Igc!!tYipg_~g_l'{isl:!eU.9..!!c..c.9lliPJ1!

!.Y them~IRQyi<!cd such procedures shall not apply to Advance Voting outside Malaysia, Singapore or Brunei.

(5) Failure by the presiding officer to comply with this regulation shall be an offence punishable by imprii!.9.!!!!le.nLnol..eX"-,,.eQ.
!.IJK.twQ.Y_ear'Lor J!J:ill§ not §xQ.ec.QingJpree thOJlsand.dll.gg!.t oUg both1;uch imprisonment and fine.

25B.

Postponement or adjournment of counting of votes.


[Ins PU(A) 147/1990] (I) Where at any time after the close of the poll, owing to any cause whatsoever, the counting of ti,e votes at the polling station cannot be started or has started but cannot be completed, the presiding officer shall postpone or adjourn such counting, as the case may be, and forthwith infonn the returning officer of the constituency, and each candidate or his election agent or counting agent of such fact.
(2) Where the ballot box has not been opened, the presiding officer shall forthwith dispatch or deliver the ballot box together with the statement in Fonn 13A referred to in Regulation 18A(4) and Fonn 13.6. referred to in Regulation 24{l)(0 and the packets referred to in rRegulation 24illi.f) in safe custody to the returning officer.
(3) Where ti,e ballot box has been opened, the presiding officer shall, in the presence of such of each candidate or his election agent or counting agent who is present ~ 25 (a) put back all the ballot papers into the ballot box, affixed with security tape which shall be signed by the presiding officer and by each candidate or his election agent or counting agent who desires to sign on the security tape; and (b) forthwith dispatch or deliver the ballot box together witb the statement in Form 13 fefeffea to ill slibparagraph (el of flaragfaflh Ol of feglilatiofl 21 aHa the flaelcets refeffea to ill slibflaragFUflh (al offlaragFUflh Ol ofreglilatioll21 Form 13A referred to in Regulation 18A(4) !
!!!gEQrm_nB__r~fm~dJQjn_.R~g1!JatiQ!L2,!(U{£L'!ndJIJ.~_PJ!£ketUei~ITe_dJ_Qj!!J~,~g\!MjQ!}

24{l){fl in safe custody to the returning officer.

(4) Where the counting of votes has been postponed or adjourned under this regulation, the returning officer shall, after consultation with the State Election Officer, appoint a time and place at which the presiding officer will count the votes, and shall inform each candidate or his election agent or counting agent of such place and time.

25C.
25C.

Counting of votes of postal voters.

[Ins.


PU(A)147/1990} (1) The returning officer shall, as soon as practicable after the conclusion of the proceedings under regulation 17 of the Elections (Postal Voting) Regulations, make arrangements for counting the votes of postal voters in the presence of each candidate or his election agent or counting agents who is present, and shall infonn the candidate or his election agents or counting agent of the time and place at which he will begin to count such votes.
(2) The provisions of regulation 25, other than paragraphs 3 (b), 4, and 5, shall apply in relation to the counting of votes of postal voters as if - (a) references to a presiding officer were references to a returning officer; (b) references to officers and staff appointed under regulation 12A were references to officers and staff appointed under regulation 25D; [Ins.
PU(A) 147/1990} (c) references to ballot papers were references to postal ballot papers, and (d) references to Form 14 were references to Form 15.
(3) On the completion of the counting of the votes of postal voters, the returning officer shall put the counted ballot papers and the rejected ballot papers into separate packets, affixed with security tapes which shall be signed by the returning officer and by each candidate or his election agent or counting agent who is present and who desires to sign on the security tapes.
(4) The packets containing the counted ballot papers, the rejected ballot papers and the packets referred to in regulation 16 and 17 of the Elections (Postal Voting) Regulations shall be placed in the ballot box, affixed with security tape which shall be signed by the returning officer and by each candidate or his election agent or counting agent who is present and who desires to sign on the security tape.
, , 26 (5) Failure by the presiding returning officer to comply with this regulation shall be an offence PJilli~.hi!Q!e_byjmpri§Qllm,,-nt!

!.Q.LeKc.c.cdiV.,g.two ye-'!!§.QLlLfj.!!.e.!lQUlKcc.eJlingJhLee..th.Q\!~i!!1g..

!i!lggitQr to both such imprisonment and fine.

25D.

Proceedings of returning officer after retnrn of ballot boxes, and official addition of votes.

[Ins.
[Ins.

PU(A) I47/I990} (1) Subject to the general or special directions of the Election Commission, each returning officer shall appoint, and may revoke the appointment of, such officers or staff to assist him in the counting of the votes of postal voters and the official addition of votes.
(2) After the returning officer has completed the counting of the votes of postal voters for his constituency, the returning officer shall make arrangements for the official addition of the votes, and shall inform the candidates or their election agents of the time and place at which he will commence to add up the number of votes given to each candidate.
(3) No person other than- (a) the members and officers ofthe Election Commission; (b) the returning officer and such other officers and staff appointed under paragraph (1); and (c) the candidates and their election agents, [Am.

P.U.

(A) 176/94} may be present at the official addition of the votes", Hnless pe_med by the returning sfReer ts attend.
Members or officers of the Election Commission and other persons authorised pursuant to paragraph (I) who are present during the official addition of votes shall not without reasonable cause interfere with a!lY--P[Q_cceill!lg~.
(4) At the place appointed for the official addition of the votes, the returning officer, in the presence of such of the candidates, and their election agents as attend, shall- (a) open the special envelope containing the official statement of the postal voting; and (b) upon receipt of the special envelope containing the official statement of the poll despatched or delivered to him by each presiding officer, open the said envelope and examine the statement of the poll contained therein, and announce subject to paragraph (4A),the number of votes recorded for each candidate in the statement of the poll contained in such envelope.
[Am.
PU(A) 176/94} (4A) If, on the examination of the statement of the poll under paragraph 4(b), it appears to the returning officer that such statement is incomplete or there is an error or mistake in such statement, the returning officer, in the presence of such of the persons referred to in paragraph (4) as attend, shall 27 (a) open the special envelope containing the ballot papers statement delivered or despatched to him and compare the official statement of the poll with the ballot papers statement contained in such envelope; and (b) where necessary, amend the official statement of the poll and every such amendment shall be initialled by the returning officer and by such of the candidates or their election agents as attend and desire to initial the same.
[Ins.
PU(A) 176/94} (5) After the returning officer has received the official statements of the poll from the presiding officers of all the polling stations in his constituency, the returning officer shall, in the presence of such of the persons referred to in paragraph (4) as attend, ascertain the total number of votes given to each candidate by officially adding up the number of votes recorded for each candidate in the said statements and in the official statement of the postal voting..II1~]~t\!mj!1g.Qffi£~L'ilill!!
; (a) shall compile and record the number of votes for each candidate and from the official staJ"m!<.Rt.Qf.PQ§ti!L!gY1!\),_<;'~,.Y_Q.tiJlg,j.n.JUtf!t~m~IJLg.t:.fjmUally-C!'I.Q.~.
:__!l~W fQmJ.J!L.1:JJ< designed by Ee) to show how the final figures are arrived at; (b) shall ensure that the statement of final tally shall be signed by the returning officer and by ~uch persons r.cl'erred to in pa@gf1!pI1D]C9].Aut((en.Q...§hould they chose to,<;\0 SQ; (c) shall request such persons to sign this statement to attest their agreement with the results; (d) shall ensure that the official results will not be announced before this procedure is £Qmp.li~_d VlCith Provided that if the returning officer is satisfied that such persons have unreasonably .w:i.tI1I1~!g_Jh~JL£!gr~"m~nC1Q.2jg!!,l!:t.!Lf!wLti!!
!Y..§,I1~~t,_hL!11.AY-p.r9,c.~~.g __}:YitlUhS'.

announcement of the results in accordance with paragraph (7).

(SA) A candidate or his election agent may, after the completion of the official addition of votes, require the returning officer to have the number of votes recorded in the official statement of the poll to be added up again where there is cause to do so.but-the-retuming-effieer-may-refuse-to-do-so-if-in his opinion the request is unreasonable.

[Ins.
[Ins.

PU(A) 176/94} (6) Where, on the official addition of the votes, there is an equality of votes between any candidates and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom such one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer, the candidates and their election agents as attend in such manner as the returning officer shall determine.
(7) Forthwith after the official addition oftlle votes, the returning officer shall declare as having been elected the candidate to whom the greatest number of votes is given.

(8) It shall be the duty of the returning officer to keep order at the place appointed for the official addition of votes.
(9) If a person misconducts himself at the place appointed for the official addition of votes or fails to obey the lawful order of the returning officer, he may immediately by order of the returning officer be removed from that place by a police officer on duty outside or near that place or by any other person authorized in writing by the returning officer to remove him, and the person so removed shall not, , , '28 without the penmsslOn of the returning officer, again enter the place appointed for the official addition of votes until the completion of the addition of votes.
(10) Failure to obey the lawful orders of the returning officer shall be an offence punishable by a fine not exceeding three thousand ringgit.

(II) Failure by the presiding returning officer to comply with this regulation shall be an offence punishable by imprisonment not exceeding two years or a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

25E.

Disposal of ballot papers, etc.
(I) Upon the completion of the official addition of votes and after making his declaration under regulation 25D(7), the returning officer shall- (a) open all the ballot boxes affixed with security tapes pursuant to regulation 25A(2); (b) transfer all packets affixed with security tapes contained in the ballot boxes other than the packets containing - (i) the unused and spoilt ballot papers; (ii) the marked copies of the electoral rolls; and (iii) the counterfoils of the ballot papers, referred to in regulation 24(1)(d) into a special box or boxes; (c) in.IJ"s-peQtQfaffiJ{ seeurity tape or tapes to tlle..s-pe9i.1!Lb..QK.QUQ)5&sJ.eferre.
!Lt9 in par1!gmph ICbl(iii): (i) affix a security tape or tapes and sign on eveIY such tape; (ii) afford the candidates and their agents the opportunity to sign across the security tape affixed by the returning officer and also to affix their own security tape and permit the returning officer to sign the additional security tape; (iii) permit the candidates or their agents to take photographs of all such security tapes and signatures for their record.
(d) subject to regulation 26, retain the special box or boxes and its or their contents in safe custody until the expiration of the period specified for the presentation of an election petition under subsection 38(1) of the Election Offences Act 1954 and thereafter shall cause the contents of ti,e special box or boxes to be destroyed_withi!!.liiKty.-C9.iD..d1!yS..JlVithlhe.
]eill.s broken in the presence of the candidates or their agents who shall be given written notice at least two (2) weeks in advance.unless otherwise direeted by the Eleetion Commission.
(2) The returning officer shall tI,en forward- (a) the packet affixed with security tape containing the unused and spoilt ballot papers, the marked copies of the electoral roll and the counterfoils of the ballot papers referred to in regulation 24(1)(d); (b) the statement of the poll in 100ffil 14 referred to in regulation 25(12)(b); and 29 (c) the envelope containing the statements in Fonns 13A and 13B.2 in FOffll 13 referred to in regulation 25A(1 )(b), [Subs PU(A) 176/94} to the State Election Officer who shall, subject to regulation 26, retain the same in safe custody until the expiration of the period specified for the presentation of an election petition under subsection 38( 1) of the Election Offences Act 1954 and thereafter shall cause them to be destroyed within sixty (60) days with the seals broken in the presence of the candidates or their agents who shall be given written notice of at least two (2) weeks in advanceul1less otherwise direeted by the Eleetion Commission.
(3) Notwithstanding paragraph (1) (d) and subregulation (2), no- (a) the contents of the special box or box; and (b) packets, statements and envelope, shall be destroyed if an election petition has been presented against the result of an election involving the special box or boxes and the contents of the special box or boxes or the packet, statement and envelope.
(4) The special box or boxes and the contents of the special box or boxes and the packet, statement and envelope shall be retained in the safe custody ofthe returning officer or the State Election Officer, as the case may be, until the completion of the trial ofthe election petition and its appeal.

Gj.LE1!ilJJr~!?YJh~px,,-~j!"!jng.r~i1JJ1).j.!

!K-,:>ffj,,-eL!~.QmpJy ..lYiJh..1lJiu~gyl'ltiQ!L~h'!U_.lle__a!LQ.ffu!!
"e punishable by imprisonment not exceeding two years or a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

25F.
Declaration of win by political party After the completion of the official addition and the making of the declaration under paragraph (7) of regulation 25D in respect of all contested elections in the general election to the Dewan Rakyat or a State Legislative Assembly, the Election Commission may declare that a political party who has nominated candidates to contest in the general election has won the election to the Dewan Rakyat or the State Legislative Assembly, as the case may be, where the political party has acquired a majority which exceeds fifty percent of the total seats that are allocated for the election to the Dewan Rakyat or the State Legislative Assembly.
26.

Court order to copy or iuspect election documents.
A Judge of the High Court may make an order that any ballot paper or other document relating to an election which has been kept in safe custody as required by regulation 25E be inspected, copied or produced at such time and place and subject to such conditions as he may deem expedient but no such order shall be made unless the Judge is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition in connection with the election and except as aforesaid and as provided in the Third Schedule, no person shall be allowed to inspect, copy or have produced any such ballot paper or document after it had been transferred into a special box or boxes in pursuance of paragraph (1) of regulation 25E.
, 30 [Am.

PU(A) 147/1990} , 26A.

Supply of copies and iuspectiou of documents relatiug to an electiou.

(1) Where an election petition has been presented to the High Court under section 34 of the Election Offences Act 1954- [Am.
P. U (A) 147/1990} (a) the petitioner; (b) the respondent to the petition; or (c) an advocate authorised in writing by the petitioner or the respondent to act for the petitioner or the respondent, as the case may be, in the proceedings relating to the election petition, may apply in writing to the Secretary to the Election Commission to be supplied with a copy of a document or of a part of a document, or to inspect a document or a part of a document, relating to the election for the constituency in respect of which the election petition has been presented, except a ballot paper (whether used, unused or spoilt), or a counterfoil of any such paper, or a marked copy of an electoral roll, or ballot paper accounts, or a declaration of identity, or a specimen of ballot paper, or an authority to vote at an alternative polling station, or an administrative record of the number of votes obtained for each candidate by each counting team at a counting place or polling station, or an hourly record of votes, or any document referred to in subparagraphs (c) and (d) of paragraph (I) of regulation 24, paragraph (I) of regulation 25A, paragraph (4) of regulation 25c or regulation 25E, regardless whether or not the document which falls within these exceptions has been affixed with security tape or included in a packet affixed with security tape.
(2) The Secretary to the election Commission may grant an application under paragraph (I), subject to such conditions as he may specifY, if he is satisfied that the docnment in respect of which the application is made relates to the election for the constitnency in respect of which the election petition has been presented and that the document does not fall within any of the exceptions set out in paragraph (I).
(3) Where an application has been grauted under paragraph (2), the applicant shall be allowed to inspect the document or part of the document, or be supplied with a copy thereof certified to be a true copy under the hand of an officer of the Election Commission authorised to do so by the Secretary to the Election Commission, upon payment of a fee of two ringgit per folio of one hundred words or part thereof.
(4) The foregoing provisions of this regulation shall be without prejudice to the provisions of regulation 26.

27.

Publication of results aud statement of poll in the Gazette.

The returning officer shall forthwith after making his declaration under paragraph (7) of regulation 25D duly complete the reverse of the writ issued to him under paragraph (1) of regulation 3.
At the same time he shall compile a statement of the poll in Form 16 in the First Schedule and shall forward both the writ and the statement to the Secretary to the Election Commission, through the State Elections Officer.

The Secretary to the Election Commission shall then cause the name ofthe member elected together with such statement of the poll, to be published in the Gazette.

[Am.

PU(A) 147/1990} , GENERAL 31 , 28.

Errors with regard to persons and places.
(I) No error with regard to - (aj the name of any person or place; or (bj any particulars, or any description, of, or in respect of, any person or place, mentioned in any document whatsoever prepared, issued or used under or for the purpose of these Regulations shall in any manner affect the validity of such document or the operation of these Regulations in respect of that person or place if the contents of the document are otherwise sufficient to identifY that person or place.
(2) In this regulation - "document" includes any writ, report, return, list, fOlID, notice, notification, nomination paper, statutory or other declaration, and any document of any other description or nature; "error" includes any misnomer, misspelling, misprint, misplacement, mistake, inaccuracy, omission, any clerical, technical or printing error, and any error of any other description or nature; and "particulars" and "description" each includes anything stated or required to be stated in respect of any person or place in any document.
(3) In so far as this regulation applies to a nomination paper, the provisions of this regulation shall be construed as being in addition to, and in amplification of, and not in derogation of, the provisions of regulation 4(6A).

29.

Publication of notice.
Where any notice is required by these Regulations to be published and, in the opinion of the authority required to publish such notice, the prescribed mode of publication does not give sufficient publicity to the notice, such authority may, in addition to publishing the notice as required by these Regulations, exhibit copies of the notice in conspicuous places within the constituency to which the notice relates or take such other steps as may be deemed by such authority necessary for giving due publicity thereto.
30.

Failure to comply with provisions of Regulations.

(1) No election shall be iuvalid by reason of any failure to comply with any provisiou of these Regulations relating to elections if it appears that the election was conducted in accordance with the principles laid down in such provisions, and that such failure did not affect the result of the election.
(2) Where in these Regulations any actor thing is required or authorised to be done in the presence of the candidates or their election agents or polling agents or counting agents the non-attendance of any candidate or agent at the time and place appointed for the purpose shall not, if that act or thing is otherwise duly done, invalidate that act or thing.

[Am.

PU(A).43/12] 31.

Punishment for making false.declaration.


, 32 If any person makes a false declaration under paragraph (-HI) (lllof regulation 19 or paragraph (I) of regulation 20 of these Regulations he shall be guilty of an illegal practice for the purposes of the Election Offences Act 1954.

32.

Repeal.

The Elections (Conduct of Elections) Regulations 1959 and the Elections (Conduct of Elections) (Sabah and Sarawak) Regulations 1968 are repealed.
, 33 FIRST SCHEDULE ELECTIONS ACT 1958 ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981 FORM 1 [Regulation 3(2)] WRIT OF ELECTION BY THE ELECTION COMMISSION To THE RETURNING OFFICER ofthe Constituency of .

Whereas by paragraph (1) of section 12 of the Elections Act 1958 it is provided that for the purpose at every general election and of any by-election the Election Commission shall issue writs addressed to the returning officer of each Constituency for which a member is to be elected.
* And whereas it is expedient that writs should be issued for the election of members to serve in the Dewan Rakyat/State Legislative Assembly.

t And whereas the seat of the member for the Constituency of .has become vacant in consequence of .

.

Take notice that the Election Commission has fixed the nomination and in the event of a contested election the day/days.
19 to be the day of to be the polling Now, therefore the Election Commission do require that you do cause election to be made according to law, of a member to serve in the Dewan Rakyat/Legislative Assembly of the State of for the said Constituency and that you do cause the name of such member when so elected to be certified on the reverse of this writ and return to me through the State Elections' Officer without delay.

Dated the 19 .
Dated the 19 .

By direction ofthe Election Commission, * To be inserted in case of a general election.

t To be inserted in case of a vacancy.

Secretary, Election Commission [Regulation 3(4) and 11 (6)J REPORT IN THE EVENT ELECTIONIPOLL CANNOT BE TAKEN COMPLETED I certify that consequent to .

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election/poll could not be taken/completed.


Dated the 20 .

[Regulation 10J Returning Officer * RETURN OF CANDIDATE ELECTED IN UNCONTESTED ELECTION I certify that the member of the Dewan RakyatiLegislative Assembly elected for the constituency .. is of (Name as in nomination paper) I.e.

No of .. no other candidate having been nominated (or the other candidate or all the other candidates having withdrawn or ceased to be nominated for election).

(Address as in nomination paper) Dated the 20 .


[Regulation 27J * RETURN AFTER A POLL HAS BEEN TAKEN Returning Officer I certifY that the member ofthe Dewan Rakyat/Legislative Assembly electedfor the Constituency of .

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... ..in accordance with the provisions of is regulation ......................................................................... I.e.

No .
No .

(Name as in nomination paper) Of (Conduct of Elections) Regulations the Elections 25D of 1981 .. .

(Address as In nomination paper) Dated the 20 .

* Complete whichever I. applicable and return the writ to the Secretary to the Election Commission.

Returning Officer FORM 2 [Notice under Regulation 3 (2)) NOTICE TO HOLD A GENERAL ELECTION TO THE DEWAN RAKYATILEGISLATIVE ASSEMBLY OF THE STATE OF ....•...........
WHEREAS the Dewan Rakyat/Legislative Assembly ofthe State .of .... .. .. .. by the has become vacant in consequence of its dissolution on the .. .

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.. TAKE NOTICE that the Election Commission has issued election writs on the .. ................................... ...to the returning officers ofthe Parliamentary/State Constituencies the day of nomination in respect of each of specified in the Schedule hereto and that and that in the Parliamentary/State Constituency shall be the event of a contested election in any of such Constituency, polling day/days shall be the .

SCHEDULE Dated the 20 .


By Order ofthe Election Commission, Note: The returning officer will give further notice in Form 3 ofthe place of nomination by causing notices to be published at Conspicuous places within his Constituency.

Secretary, Election Commission Malaysia FORM2A [Notice under Regulation 3(2)] NOTICE TO HOLD A BY-ELECTION OF A MEMBER OF THE DEWAN RAKYAT/LEGISLATIVE ASSEMBLY OF THE STATE OF FOR THE CONSTITUENCY OF .
WHEREAS the seat of the Member of the Parliamentary/State Constituency of · said Member.

has become vacant inconsequence of the " .

of the TAKE NOTICE that the Election Commission has issued an election writ on the · to the returning officer of the Parliamentary/State Constituency of · the polling day/days shall be the .

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and that the day of nomination in respect of the said Constituency shall be and that in the event of a contested election in this Constituency .

Dated the 20 .
Dated the 20 .

By Order of the Election Commission, Note: The returning officer will give further notice in Form 3 of the place of nomination by causing notices to be published at conspicuous places within his Constituency.

Secretary, Election Commission Malaysia FORM 3 [Regulation 3(3)] NOTICE OF ELECTION OF A MEMBER OF THE DEWANRAKYATILEGISLATlVE ASSEMBLY OF THE STATE OF CONSTITUENCY OF FOR THE .
The Election Commission having issued a Writ for the election of a member of the Dewan Rakyat/ Legislative Assembly ofthe State of.

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.the returning officer of the said Constituency will on the 19 between the .

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.. hours of nine o'clock and eleven o'clock in the forenoon at proceed to the nomination of candidates.

for the Constituency of. '"

2.

Each candidate must be nominated on a separate nomination paper (to be completed in triplicate) iii the prescribed form.
Nomination paper and form for the statutory declaration required from candidates may be obtained free of charge on application during office hours at the office ofthe returning officer.

3.

Each copy of the nomination paper must be signed by a proposer and a seconder qualified to and the written consent ofthe candidate must vote in the Constituency of be endorsed thereon.

4.
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Nomination paper must be delivered to the returning officer together with the statutory declaration and deposit of ten thousand/five thousand ringgit in legal tender or a deposit receipt for the like amount between the said hours of nine o'clock and eleven 0' clock in the forenoon on .

the '" .

20 at 5.

If only one candidate remains validly nominated for the Constituency, that candidate shall forthwith be declared elected for the said Constituency.

If, however, more than one candidate .


remains validly nominated for the Constituency, a poll will be taken on the 6.

The office of the returning officer for the Constituency is situated at.

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Dated the 20 .

Returning Officer FORM 4 [Regulation 4(3)] NOMINATION PAPER [Am.

PU(A) 176/94} Parliamentary Constituency of' .

(I) PARTICULARS OF CANDIDATE (Block Letters) Full Name: I.e.

No.

**: Other names, if any t: Occupation, if any t: Residential Address: Corresponding Address : .

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(2) PARTICULARS OF PROPOSER AND SECONDER Name in block letters I.C.

No.

** Proposer Seconder We, the undersigned, electors for the above Constituency nominate the above as a proper and suitable person to serve as a member of the Dewan Rakyat for the said Constituency and we certify that to the best of our belief he is qualified for election as a member in accordance with the provisions of the Federal Constitution of Malaysia.
Signature of Proposer Signature of Seconder (3) Name of candidate to be printed on the ballot paper: *** .

(4) I hereby consent to the above nomination.

Signed by the abovenamed candidate in the presence of: .......................................................................... I.e.

No.

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Signature ofCandidate Dated the 20 .

Address of Witness: Signature of Witness * State the Parliamentary Constituency in which the candidate seeks election.
** As shown on Identity card or temporary receipt issued by the National Registration Department t Ifnone, write "Nil".

*** A candidate may omit or specify by initials only his name or any ofhis names or any part of his name or names.

, FORM4A [Regulation 4(3)] [Am.

PU(A) 176!94] STATE OF ..

NOMINATION PAPER State Constituency of' .

(1) PARTICULARS OF CANDIDATE (Block Letters) Full Name: I.e.

No.

**: Other names, if any t: Occupation, if any t: Residential Address: Corresponding Address : .

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(2) PARTICULARS OF PROPOSER AND SECONDER Name in block letters I.e.

No.

** Proposer Seconder We, the undersigned, electors for the above Constituency nominate the above as a proper and suitable person to serve as a member of the Legislative Assembly of the said State for the said Constituency and we certifY that to the best of our belief he is qualified for election as a member in accordance with the provisions of the Constitution of the State.
Signature of Proposer Signature of Seconder (3) Name of candidate to be printed on the ballot paper: *** .

(4) I hereby consent to the above nomination.

Signed by the abovenamed candidate in the presence of: .......................................................................... I.e.

No.-* .. Signature ofCandidate Dated the 20 .

Address of Witness: Signature of Witness * State the State constituency in which the candidate seeks election.
** As shown on Identity card or temporary receipt issued by the National Registration Department t ifnone, write "Nil".

*** A candidate may omit or specifY by initials only his name or any ofhis names or any part of his name or names.
, STAMP DUTY EXEMPTED FORMS [Regulation 4(7)] STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE FOR ELECTION AS A MEMBER OF THE DEWAN RAKYAT I, declare that: do solemnly and sincerely I. I am duly qualified to be elected as a member ofthe Dewan Rakyat in accordance with the provisions of the Constitution of Malaysia.

2.

I am not disqualified by any of the provisions of the said Constitution or any other written law for election as a member of the Dewan Rakyat.
I make this solemn declaration conscientiously believing the same to be true and by virtue ofthe provisions of the Statutory Declaration Act 1960. .

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Signature oJCandidate (Signature ojJudge ojSessions Court, Magistrate, CommissionerJar Oaths, State Elections OfficerJar the State in which the ConstituencyJar which the person seeks eiection is situated, or the returning officerJar such Constituency) Subscribed and solemnly declared by the abovenamed .

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the Federal Territory/State of.

20 .

day of.

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this Before me, , STAMP DUTY EXEMPTED FORM5A [Regulation 4(7)] STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE FOR ELECTION AS A MEMBER OF THE LEGISLATIVE ASSEMBLY OF THE STATE OF I, declare that: do solemnly and sincerely I. I am duly qualified to be elected as a member ofthe Legislative assembly of the state of in accordance with the provisions of the Constitution of the state of .

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2.
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2.

I am not disqualified by any ofthe provisions of the said Constitution or any other written law for election as a member of the Legislative assembly of the state of .

3.1 make this solemn declaration conscientiously believing the same to be true and by virtue ofthe provisions ofthe Statutory Declaration Act 1960.

Subscribed and solemnly declared by the abovenamed ........................... a the Federal Territory/State of.

20 .

day of .

this Before me, .

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Signature ofCandidate (Signature ofJudge ofSessions Court, Magistrate, Commissioner for Oaths, State Elections Officerfor the State in which the Constituency for which the person seeks election is situated, or the returning officer for such Constituency) FORM 6 [Regulation 9 and 11J NOTICE OF WITHDRAWAL OF NOMINATION AS A CANDIDATE FOR ELECTION AS A MEMBER OF THE DEWAN RAKYAT To The Returning Officer, Constituency of .
I, the undersigned, give notice that I withdraw my nomination as a candidate at the election of a member ofthe Dewan Rakyat for the Constituency of .

Dated the .20 .

Name: IC.No: Address: .

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Signature ofCandidate Signed In the presence of Signature of Witness (Name ofWitness) I.C.

No: Address: .

.. FORM6A {Regulation 9 and 11J NOTICE OF WITHDRAWAL OF NOMINATION AS A CANDIDATE FOR ELECTION AS A MEMBER OF THE LEGISLATIVE ASSEMBLY OF THE STATE OF To The Returning Officer, Constituency of .
I, the undersigned, give notice that I withdraw my nomination as a candidate at the e1ectiou of a member .

of the Legislative assembly of the state of for the constituency of Dated the 20 .

Signature ofCandidate Signed In the presence of Signature of Witness (Name ofWitness) Name: IC.

No: Address: .

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No: .

Address: , .. FORM 7 (Deleted) FORM 8 [Am PU(A) 147/1990} NOTICE OF CONTESTED ELECTION Constituency of .
NOTICE is given to the electors of the abovenamed Constituency that a poll will be taken for the election now pending for the said Constituency and that such poll will be opened on the date/dates shown below in the following polling centres situated at the various places in the polling districts of the said Constituency between the hours shown against each polling centre.
SITUATION OF POLLING CENTRE Polling District Situation of Polling Centre Polling Centre Number Date Polling Hours And that the candidates in the said Constituency are as follows: Candidate* Symbol Proposer Seconder of which all persons are required to take notice and govern themselves accordingly.

Dated the 20 .

State Elections Officer • The candidate's name to be printed in the ballot paper.

FORM 9 [Regulation 17 (3)] FORM OF FRONT OF BALLOT PAPER Counterfoil tNo.

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~ Parliamentary/State Constituency of No.

tt I 16D • • 6 • 6 D •• • • 6 • Print name of candidate here.

•• Print symbol assigned to the candidate here.

t The counterfoil is to have a number to conespond with that printed on the ballot paper.

tt The black band dividing the names of candidates will be half an inch in thickness.

§ Insert name of State.

~ Omit whichever is lnapplicabl STAMP DUTY EXEMPTED FORM 10 [Subregulation 19(1)] DECLARATION OF IDENTITY AND NOMINATION I I.e.
No (Name in/ull) of (Address) .

.. declare that I am a citizen of or over the age of twenty-one years who is trusted and named by .

(Name a/Voter) I.e.

No who is incapacitated to vote.

His number in the electoral roll is ..

Declared before me the 20 .

Signature Presiding Officer STAMP DUTY EXEMPTED FORM lOA [Regulation 19A] DECLARATION WITH RESPECT TO REFUSAL TO ISSUE BALLOT PAPER I, ,-, , .

-., (Name in full) - I.e.


No Presiding Officer's Authority at the polling centre of .......................................................... for the polling station of am the *Presiding Officer/ Person Acting Under The (Name ofPolling Centre) declare that I refused to issue ballot paper to (Stream No.)

.................................................................. I.e.

No on the following ground: (Name of Voter) (I.e.

No.

ofVoter) .. .
.. *(a) the voter refuses to show his left forefinger in order to ensure that no indelible ink has been marked on his left forefinger; *(b) the voter refuses his left forefinger to be marked with indelible ink; *(c) the voter's left forefinger has been marked with indelible ink even though no mark to denote that a ballot paper has been issued to him has been made against the voter's number and name in the electoral roll; or the voter's left forefinger has not been marked with indelible ink but a mark to denote that a ballot paper has been issued to him has been made against the voter's number and name in the electoral roll.
*(d) Date: Signature Signed in the presence of Signature of Witness Name: I.e.

No.

: Date: * Delete if inapplicable.

NOTE (ifnecessary): , STAMP DUTY EXEMPTED FORM 11 [Regulation 20(1) and (IA)] DECLARATION 1, · · (registration unit) (Name inJull) Ie.

No of (Address) declare that I am the person whose name appears as in the electoral roll now in force for the polling district .
I further declare that I have not already voted either here or elsewhere in the Constituency of · or In any other Constituency at the general election/by-election.

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Declared before me the 20 .

Affix a photograph here Signature or Mark oj Voter Presiding Officer The presiding officer shall make sufficient copies so that all candidates, their election agents or polling agents as attend will be issued a copy if they so require.
, FORM12A [Regulation 23A] [Ins PU(A) 147/1990] NOTICE OF COUNTING OF VOTES AT A COUNTING PLACE Constituency of.

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TAKE NOTICE that, pursuant to the powers conferred by regulation 23A of the Elections (Conduct of Elections) Regulations 1981, the Election Commission hereby directs that all votes by electors at the polling centre/centres described in the Schedule hereto established for the abovenamed Constituency be counted by the presiding officer/officers of such polling centre/centres at .

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(situation ofthe counting place) on the .. 20 at.

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SCHEDULE DESCRIPTION OF POLLING STATION Polling District Situation of Polling Station Polling Station Number Dated the 20 .
By Order ofthe Election Commission, Secretary, Election Commission Malaysia ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS, 1981 Form 13A Ballot Papers Opening Statement Sub-Regulation 18A(4) Name of Polling Centre ________________ Polling Station No.

(Stream) Polling District Code No Constituency of - um era A N b fb II Ballot Paper Serial No.

a ot papers receIve .

d fr From To .

om eturmng R Offi leer No.

of ballot paper Ballot Paper Serial No.

From To No.
From To No.

of ballot paper Total (a) Total (b) Total number of ballot papers received from Returning Officer ((a)+(b)) • Sample of Perforation 1certify that the above statement is correct.

Dated: .

Name of Candidate or Election Agent or Polling Agent I/C No.
Signature Nome of Presiding Ptficer Party/Independent (The Presiding Officer shall issue an official copy each to all the caQdidates, their eiection agents or poiiing agents as present) ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS, 1981 Form 13B Ballot Papers Closing Statement Sub-Regulation 24(1)(c) B - Number of ballot papers issued to the Voter Ballot Paper Serial No.

From To No.

of ballot paper Ballot Paper Serial No.

From To No.

of ballot paper Total (c) Total (d) B.


Total number of ballot papers Issued to voters ((c) + (d)) C - Number of "spoilt bailot paper" (Ballot papers returned to presiding officer which have been cancelled and marked IISPOILT" by presiding officer and not put in the ballot box) D- Number of unused ballot papers (D=A-B) E- Total number of ballot papers to be accounted for in the ballot box (E = B- C) I certify that the above statement is correct.
Dated Signature Nome of Presiding Officer Name of Candidate or Election Agent or Polling Agent I/C No.

Party/Independent Signature .. .

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(The PresIding Officer shaii Issue an offIcIal copy each to aii the condldates, their election agents or polling agents as present) ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS, 1981 Form 14 STATEMENT OF THE POLL AFTER COUNTING THE BALLOTS Sub-Regulation 25(12) Name of Polling Centre Polling Station No.

(Stream) Polling District Code No Constituency of .
A - Total number of ballot papers to be accounted for in the ballot box (as in E in Form 13B) B - Number of votes by electors for each contesting candidate: Name ofCandidate (Spelling and arrangement ofcandidate's name SHALL BE THE SAME as printed on the ballot paper) Name ofPolitical Party/Independent Number .
.. .. Total number of votes by electors C - Number of rejected ballot papers (after doubtful ballot decided pursuant to subregulations 25(6) and (7» D - Total number of ballot papers issued to voters but not put in the ballot box (A-B-C) I certify that the above statement is correct.

Dated .

Signature Name ofPresiding Officer Name of Candidate or Election Agent or Counting Agent I/CNo.

PartyIIndependent Signature ..


The presldzng officer shall ensure that all candIdates, theIr electIOn agents or countzng agents shall be allowed to sign on Form 14 in the space provided.

He shall prepare sufficient copies and issue to all candidates, their election agents or counting agents , , FORM 15 ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981 [Regulation 25cl STATEMENT OF THE POLL AFTER COUNTING THE POSTAL BALLOT PAPERS Constituency of.

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A - Number of postal ballot papers issued B - Number of votes by electors for each contesting candidate: Name ofCandidate (Spelling and arrangement Name ofPolitical Party/ ofcandidate's name SHALL BE THE SAME as Independent printed on the ballot paper) Number Total number of votes cast C - Number of rejected postal ballot papers: (a) during the opening of envelopes B and A (pursuant to the Elections (Postal Voting) Regulations 2003) (b) after doubtful ballot decided (pursuant to subregulations 25(6) and (7)) Total number of rejected postal ballot papers ((a)+(b)) D - Number of ballot papers issued to postal voters but not returned (A-B-C) .
I certify that the above statement is correct.

Dated .

Signature Name ofReturning Officer Name of Candidate or Election Agent or Counting Agent IIC No.

Party/Independent Signature The presiding officer shall ensure that all candidates, their election agents or counting agents shall be allowed to sign on Form 15 in the space provided.

He shall prepare sufficient copies and issue to all candidates, their election agents or counting agents.
FORM 16 "ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981 [Regulation 271 STATEMENT OF THE POLL AFTER THE OFFICIAL ADDITION OF VOTES Constituency of .
A - Total number of electorate B - Total number of ballot papers issued at the poll (as in A in all Form 14 + A in Form 15) C - Number of votes by electors for each contesting candidate: Name of Candidate (Spelling and arrangement ofcandidate's name SHALL BE THE SAME as printed on the ballot paper) Name ofPolitical Party/Independent Number Total number of votes by electors D - Total number of rej ected ballot papers (as in C in all Form 14 + C in Form 15) E - Total number of ballot papers issued but not put in the ballot box (as in D in all Form 14) and not returned (as in D in Form IS) (B-C-D) F - Percentage of voting (B/A x 100) G - Majority (the highest votes - second highest votes) I certify that the above statement is correct in accordance with the Tally Sheet of Regulation 25D (5).
Dated .

Signature Name of Candidate or Election Agent or Counting Agent Name ofReturning Officer IIC No.

Party/Independent Signature The presiding officer shall ensure that all candidates, their election agents shall be allowed to sign on Form 16 in the space provided He shall prepare sufficient copies and issue to all candidates, their election agents or counting agents.
ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS, 1981 PU(A) 386/1981 SECOND SCHEDULE [Regulation 13 (2)] DIRECTIONS FOR THE GUIDANCE OF VOTERS TO BE EXHIBITED OUTSIDE EVERY POLLING STATION The voter can vote once only and for only ONE candidate.

The voter will go into the place reserved for the marking of ballot papers and mark a cross in the space provided for the purpose on the right-hand side of the ballot paper opposite the name of the candidate for whom he votes, thus "X".
The voter will then fold up the ballot paper so as to show the official mark on the back and, without exposing the front of the paper to any person, shall show the official mark on the back to the presiding officer and put the paper into the ballot box and forthwith leave the polling station.

If the voter inadvertently spoils a ballot paper, he can return it to the presiding officer who will, if satisfied of such inadvertence, give him another.
If the voter votes for more than one candidate in the same ballot paper that ballot paper will be void and will not be counted.

Ifthe voter places any mark on the ballot paper by which he may afterwards be identified his ballot paper will be void and will not be counted.