Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698746943339.pdf (Malaysia)
Page 1 ELECTIONS (POSTAL VOTING) REGULATIONS 2003 P.U.
(A) 185/2003 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation Citation, commencement and application Interpretation PART II POSTAL VOTERS Persons entitled to vote as postal voters Form of postal ballot papers PART III ISSUING OF BALLOT PAPERS Persons entitled to be present at issue of postal ballot papers and opening of postal voters' bal- lot boxes Notice of issue of postal ballot papers Marking of postal ballot papers Documents to be sent to postal voters Despatch of postal ballot papers Provision of postal voters'ballot box Sealing up of lists of postal voters and counterfoils of ballot papers Exercise of postal vote Receipt of covering envelope PART IV OPENING OF POSTAL VOTERS' BALLOT BOX Regulation Opening of postal voters' ballot box Opening of covering envelopes Sealing up of rejected votes and Form 2 Opening of envelope A PART V GENERAL Procedure on the discovery of more than one ballot paper Postal voter not to vote in person Forms Revocation 1.
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SCHEDULE PART I PRELIMINARY , Page 2 1.

Citation, commencement and application (1) These regulations may be cited as the Elections (Postal Voting) Regulations 2003.

(2) These Regulations come into operation on 16 June 2003.

(3) These Regulations shall be read as one with the Elections (Conduct of Elections) Regulations 1981 [P.U.

(A) 386/1981].

2.
Interpretation In these Regulations, unless the context otherwise requires-- "Form 2" means a declaration of the identity of a postal voter and bearing the ballot paper number; "agent" means the election agent or any person appointed to attend in the election agents place; "ballot box" has the same meaning assigned to it by Regulation 2 of the Elections (Conduct of Elections) (Amendment) Regulations 2012: "postal ballot paper" means a ballot paper issued to a postal voter; "issue" includes the original and any subsequent issue; "postal voter" means any person entitled to vote under regulation 36; "absent voter" has the meaning assigned to it in the Elections (Registration of Electors) Regulations 2002 [P.U.
(A) 293/2002]; "envelope A" means a covering envelope bearing the words "ballot paper envelope" and "ballot paper num ber"; "envelope B" means a covering envelope bearing the words "returning officer" for the return of envelope A and Form 2.

PART II POSTAL VOTERS Delete the whole of Regulation 3 and replace with Regulation 3A as follows 3A.
Persons entitled to vote as postal voters Anv person who has registered as an absent voter under Regulation 2 of the Elections (Registration of Elec tors) Regulations 2002, and Is not an advance voter as defined under Regulation 3 of Elections (Advance Voting) Regulations 2012 and is not able to vote In person In the constltuencv in which his name appears In the Electoral roll and had prior to the dissolution of the Parliament or State Assemblies, submitted the pre scribed Form AA in the Schedule to Elections (Registration of Electors) RegUlations 2002, to opt to receive the ballot paper via post shall, on receipt of a postal ballot paper, be entitled to vote as e postal voter at an election In accordance with these Regulations.
(2) (2) /\ ~erssR referred Is iR ~ara§ra~As (1) (13), (e) aRd (f) desiriR§ Is vsle l3y ~ssl sAall a~~ly Is ds ss l3y USiR§ Fsrm 1 iR IAe SoAedule.

Page 3 (3) (3) TAe a~~lisatieR sRali be made direet te tRe retuFRiRg effiser of tRe eeRstitueRoy iR 'NRieR Re is regis tered as seeR as it is l(RewR tRat aR eleetieR is eeRtested iR tRat seRstitueRsy.
(4) (4) If aR a~~lisatieR is a~~roved, tRe retuFRiRg emoer sRali issue a ~estal ballet ~a~er te tRe a~~lisaRt aRd if it is Ret a~~reved, tRe retuFRiRg effiser sRali se iRferm tRe a~~lisaRt aRd sRal1 state Ris greuRds fer Rot a~~roviRg tRe a~~lisatieR iR tRe letter ~ressribed iR Form 1.

4.

Form of postal ballot papers The baliot papers to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other voters.

PART III ISSUING OF BALLOT PAPERS 5.


Persons entitled to be present at issue of postal ballot papers and opening of postal voters' bal lot boxes (1) No person other than-- (a) (b) (c) (d) the returning officer and his clerks; the candidates; an election agent or person appointed by a candidate to attend in the election agent's place; and members or officers of the Election Commission, may be present at the proceedings on the issue of postal ballot papers or the opening of postal voters' ballot boxes.
(2) If a candidate appoints a person under paragraph (I) (c), he shall give notice of the appointment to the returning officer, stating the name and address of the person so appointed at any time during the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.
(3) If the person referred to in subregulation (2) dies or becomes incapable of acting, the candidate may appoint another person in his place and shall forthwith give to the returning officer notice in writing of the name and address of the person so appointed.

(4) A candidate may himself do any act or thing which any agent of his, if appointed, wouid have been au thorized to do, or may assist his agent in doing any such act or thing.
(5) Where in these Regulations any act or thing is required or authorized to be done in the presence of the candidates or their agents, the non-attendance of any such person or persons at the time and place ap pointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

6.
6.

Notice of issue of postal ballot papers (1) The returning officer shall give each candidate or his election agent not less than twenty-four hours' notice in writing of the time and place at which he will issue postal ballot papers.

(2) Where any subsequent issue of postal ballot papers is to be made, the returning officer shall notify each candidate or his election agent as soon as practicable of the time and place at which he will make such subsequent issue.

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7.

Marking of postal ballot papers Page4 (1) Each postal ballot paper issued shall be perforated or its reverse stamped with the official mark or ini tialled by the returning officer and the name and number of the elector shall be called out.

(2) A list shall be made of the persons to whom postal ballot papers have been sent but without showing the particular ballot paper issued.

(3) The number of postal ballot paper shall be marked in Form 2 and on the envelope A.

8.
8.

Documents to be sent to postal voters The returning officer shall send to every postal voter the following documents: The returning officer shall send to every postal voter the following documents: (a) (b) (c) (d) a ballot paper; Form 2; an enveiope A; and an enveiope B.

9.

Despatch of postal ballot papers All envelopes addressed to postal voters shall be counted and forthwith despatched according to the ar rangements previously approved by the Election Commission.

10.
10.

Provision of postal voters' ballot box (1) The returning officer shall, at the proceedings on the originai issue of postal ballot papers, provide a ballot box or ballot boxes for the receipt of envelope B when returned by the postal voters.

(2) Every such ballot box shall be shown open and empty to the agents present and shall then be locked by the returning officer and affixed with security tape and signed by the returning officer and the agents present who desire to sign on the security tape.
(3) Every such ballot box shall be numbered and marked "postal voters' ballot box" and with the name of the constituency for which the election is held.

(4) The returning officer shall make arrangements for the safe custody of every such ballot box and pro vide facilities for the agents to assist in securing the ballot box.

11.
11.

Sealing up of lists of postal voters and counterfoils of ballot papers (1) The returning officer shall, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the agents, make up into separate packets-- (a) (b) the list of postal voters; and the counterfoils of those ballot papers which have been issued, and shall affix security tape on such packets.
(2) The packet which has been affixed with security tape containing the list of postal voters may be opened by the returning officer.

and in the presence of the agents, sue, and on completion of the subsequent issue, the list and the counterfoil of the ballot papers which have been issued shall be again made up into separate packets and affixed with security tape in accord ance with subregulation (1).

for the purposes of a subsequent is 12.


Exercise of postal vote , Page 5 A postal voter who wishes to exercise his postal vote shall exercise it by completing and despatching the ballot paper and Form 2 in accordance with the instructions laid down In such Form to the voter.

The Elec tion Commission shall provide an adequate campaign period to ensure that all postal voters are able to receive their ballots and return it to the Returning Officer of their constituency in good time.

13.
13.

Receipt of covering envelope The returning officer shall, immediately on receipt of envelope B before five 0 'clock in the afternoon of polling day, place it unopened in a postal voters' ballot box which has been locked and affixed with securi ty tape in accordance with regulation 10.

Any envelope received by the returning officer after five 0 'clock in the afternoon of polling day shall be rejected and mark "Rejected" with the envelope unopened.

OPENING OF POSTAL VOTERS' BALLOT BOX 14.


Opening of postal voters' ballot box (1) Each postal voters' ballot box shall be opened by the returning officer in the presence of the agents.

(2) So long as the returning officer ensures that there is at least one postal voters' ballot box for the re ceipt of envelope B up to five o'clock in the afternoon of polling day, he may open the other postal voters' ballot boxes before then.
(3) The returning officer shall give each candidate or his election agent at least twenty-four hours' notice in writing of the time and place of the opening of each postal voters' ballot box and the envelopes con tained in the ballot box.

15.

Opening of covering envelopes (1) When a postal voters' ballot box has been opened, the returning officer shall count and note the number of envelope B, and shall then open each envelope B separately.
(2) An envelope B shall be marked "rejected" (a) (b) if it does not contain both Form 2 and an envelope A; or if it does not contain both Form 2 and a ballot paper.

(3) If an envelope B contains only an envelope A, the returning officer shall open envelope A to ascertain that Form 2 is inside that envelope and if it is found not to contain Form 2, then the envelope B shall be marked "rejected".
(4) An envelope B marked "rejected" together with its contents, if any, shall be placed in a separate re ceptacle.
(5) On opening an envelope B, other than an envelope referred to in subregulation (3), the returning of ficer shall first satisfy himself that the Form 2 has been duly signed and authenticated and, if he is not so satisfied, he shall mark on the Form 2 "declaration rejected", attach to the Form 2 envelope A or, if there is no such envelope, the ballot paper, and place it in the receptacle for votes rejected.
(6) Before placing the Form 2 in the receptacle for votes rejected, the returning officer shall show the Form 2 to the agents and, if any objection is made by any agent to his decision, he shall add the words "rejection objected to" on the Form 2.

(7) Where the number on the Form 2, duly signed and authenticated, agrees with the number on enve lope A, the returning officer shall place the Form 2 in a separate receptacle and the envelope A in anoth er receptacle.
Page 6 (8) Where there is no envelope A or an envelope A has been opened under subregulation (3), the return ing officer shall-- (a) (b) where the number on the Form 2, duly signed and authenticated, agrees with the number on the ballot paper, place the declaration in the receptacle for declarations of identity and the ballot paper in a ballot box previously shown open and empty to the agents present and locked by the returning officer and, affixed with security tape and signed by the returning officer and the agents desiring to sign on the security tape; where the number on the Form 2 does not agree with the number on the ballot paper, mark on the Form 2 "vote rejected", attach to it the ballot paper and place it in the receptacle for votes rejected.
(9) Where the number on the Form 2, duly signed and authenticated, does not agree with the number on an envelope or that envelope A has no number on it, the returning officer shall open the envelope and shall-- (a) (b) where the number on the Form 2 agrees with the number on the ballot paper, place the Form 2 in the receptacle for Form 2 and the ballot paper in the ballot box referred to in par agraph (8)(a); and where the number on the Form 2 does not agree with the number on the ballot paper or there is no ballot paper, mark on the Form 2 "vote rejected", attach to it the ballot paper, if any, and place it in the receptacle for votes rejected.
(10) Except for the purposes of ascertaining under subregulation (3), whether an envelope A contains a Form 2 or under subregulation (9), whether the number on the Form 2 agrees with the number on the ballot paper, the returning officer shall not open envelope A before it is due to be opened under regula tion 17.

16.
16.

Sealing up of rejected votes and Form 2 On the conclusion of the proceedings under regulation 15, the returning officer shall put the contents of the receptacle for votes rejected and the contents of the receptacle for Form 2 into two separate packets and shall affix security tape on the packets.

17.
17.

Opening of envelope A (1) After security tape has been affixed on the packets referred to in regulation 16, the returning officer shall open separately each envelope A placed in the receptacle for envelopes A.

(2) Where an envelope A does not contain a ballot paper, the returning officer shall mark on the enve lope "empty".
(3) Where the number on an envelope A agrees with the number on the ballot paper contained in the envelope, the returning officer shall place the ballot paper in the ballot box referred to in paragraph 15 (8) (a) and shall put aside the envelope for immediate destruction.

(4) Where the number on an envelope A does not agree with the number on the ballot paper contained in the envelope, the returning officer shall mark on the ballot paper "rejected" and detach atlaeR-the en velope A ta from it.
(5) The returning officer shall put into separate packets the envelopes marked "empty" and the ballot papers marked "rejected" and shall affix security tape on the packets.

PART V Page 7 GENERAL 18.


Procedure on the discovery of more than one ballot paper At any stage when envelopes are opened in accordance with subregulation 15(1), (3) or (9) or subregula tion 17(1), it is discovered that there is more than one ballot paper in an envelope, the returning officer shall mark the ballot papers "vote rejected" and place it in the receptacle for votes rejected.
aflef-Ghec-kiflg tAe-Atlmaer on the-bajlet-j38fJer-with-tl1e-Atlmaer-eR-tRe-F-0HR~F-8A-eAVelefJe A, as the-€Ose-ma~ plaoe the oor-reet-ballet-j38~he-ballet bOl( referred to in .ffilbr~ulation 1~nG retain the other paflBf er-tegetl1eF-WitJ1-.all-etl1eHleellme&aAd shall then mai~e a statemeRt-ef-faets-as-disGovereEl,witnessed by the candidates or agents present.

19.

Postal voter not to vote in person A postal voter shall not be entitied to vote in person on polling day.

20.
20.

Forms (1) The Returning Officers shall make enough duplicates of all forms used in the whole process on postal voting and shall sign each and every form and be countersigned by each and everv candidate or his elec tion agent or postal agent present.

A copy of each duly completed and signed form must be furnished to each and every candidate.

his election agent.

counting agent or agent.


(2) Failure of the Returning Officer to comply with subregulation 1 shall be deemed to be in breach of [section 4(g)] of the Election Offences Act 1954 and where there is any written complaint served on any returning officer and where the offence is established or proven, the appointment of the returning officer shall be terminated immediately by the Election Commission and a fine of RM5,OOO.OO shall be paid by the returning officer to the complainant.

21.
21.

Revocation The Elections (Postal Voting) Regulations 1959 [L.N.

71 of 1959] and the Elections (Postal Voting) (Sabah and Sarawak) Regulations 1968 [L.N.

(F) 184/68] are revoked.

SCHEDULE Deiete the requirement for Form 1 I"ORM 1 APPblCATlml ["OR POSTAl BAllOT PAPeR [Subregulation 3(2)] The Returning Offioer, Constituenoy of Through: The Slate eleotions Offioer I, NJUIO.

: of , (FfJI!

Rome fR eleele letters) (FfJI!


postal afkJress) Page 8 apply for a postal eallot paper to ee seAt to ARe at the aeove address as I aAR eAtitled to vote ey post for the foliowiAg reaSOA: Ora) I aAR a persoA eertified ey the eleelloA COARARlssioA to ee aA eleetioA ofl'ieer aAd Iiaele for duties OA pOIliAg day as per eertifisate hereuAder.

*(e) I aAR a AReAReer of the elestioA COARARissioA appolAted uAder Artiele 11 ~ of the Federal COAstitutioA as per eertlfieate hereuAder.
Ole) I aAR a AReAReer of the puelie serviee aAd 'Nill OA pOIliAg day ee eARployed full tiARe at (DepartmeRt{Offiee,~I!.

!JtRorlM outside (PeRlRstJ!

{lliSaeaRISara·....ak) as per eertlfieate hereunder.

*(d) I aAR a AReAReer of the sategor)' of persoAs desigAated as postal voters ey the eleetioA COARARissioA as per eertifieate hereuAder.

I aAR at preseAt registered as an eleetor iA iA the State of Qata9 SlfJRatlJre ofA(3fJ.\'eaRt * Delete whiohever is iAapplieaele.
I hereey sertity that the aeoveAaARed is a persoA referred to iA paragraph *(a)/(e)/(o)/(d) .....ho OA pOIliAg day'....i11 eeliaelefor duties/eARployed full tiARe iA the post of CeRTIFICATe (DeslgRalioRj (P€RiRsbh'ar;l$aealJ,l$aFa· ....akj Dated.

: F'OR OFFICe USe ONLY * eRa.i'maR ofEleetioR CommlssioR!

J./eae ofDepartmeRt Code: No.

: N.R.I.C.NO.

: Serial No.


iA elestoral Roll Remming Offieer * l\pplisatioA approved * ApplieatioA rejeeled aAd applisaAt iAforARed GrouAd: * Delete whiehever is iAapplieaele.

+0; (,Clif!

Alame) (F!JN P-estal AdtIrossj Page 9 Sir/Madam (Folfi alen€!

rio/tee line) I re§ret te iRform yeu that yeur applieatieR for a postal ballet paper dated is Ret approved OR the §reuRd that Yeur ebedieRt servaRt, Rewrn,in€!
OffiGer 9ateEI FORM 2 [Regulations 8 and 12] DECLARATION OF IDENTITY (Please read the Instructions To The Voter before filling up this form) Ballot Paper No I hereby declare that I have received the baliot paper numbered as above and the envelope in which it was enclosed (both of which I now produce).

Voter's name (in capital letters): Voter's signature/thumb print: N.R.I.C.NO.
: The abovenamed, who is personally known to me, has produced the baliot paper and the envelope re ferred to above and has signed the above declaration in my presence.

Dated.

Witness's Signature: Fuli name (In capital/etters) Address: N.RJ.C.NO.

: INSTRUCTIONS TO THE VOTER [Regulations 8 and 12] 1.

Before marking the accompanying baliot paper, you must produce to a person to whom you are known who wili witness your Form 2 the following: , Page 10 (a) (a) (a) (b) (c) 2.

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Form 1 the ballot paper showing the number on the ballot paper; Form 2; and Form 2; and the envelope in which you received the Form 2 and the ballot paper.

You must sign the Form 2 in the presence of the witness.

You can vote once only and for only ONE candidate.

You vote by marking the ballot paper on the right-hand side with a cross opposite the name of the candidate for whom you vote, thus "X".

As voting is a secret, this should be done in absolute secrecy.
Immediately after voting, you must place the marked ballot paper in the enclosed smali en velope marked "A" and ciose it up.

You must then place the envelope marked "A", together with the Form 2, in the larger envelope marked "B" addressed to the returning officer and despatch it to the returning officer without delay.

The ballot paper, in order to be counted, must be received by the returning officer not later man five o'clock in me afternoon of polling day.
If by mistake you receive more than one ballot paper, you are required to destroy the ballot paper whose number does not correspond with the number marked on the Form 2.

Remem ber that it is illegai to vote more than once at the same general election or by-election.

If you are a postal voter, you shall not vote in person on polling day.
Made 29 May 2003 SPR(S) 72/4(21); PN(PU2)178c1XXXIV] By Order of the Election Commission Data' Haji Wan Ahmad Bin Wan OmarSecretary Election Commission Malaysia LIST OF AMENDMENTS Amending law P.U.

(A) 165/2006 Citation Elections (Postal Voting) (Amend ment) Requlations 2006.

In force from 05.05.2006