Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836527253.pdf (Malaysia)
Submission To Parliamentary Select Committee on Electoral Reform Poge 1 of 5 26th Nov 2011 By Wong Piong Yow Table of ContentS 1.

Public Confidence in the Elections Commission and Enhancing their Independence 2.

Appointment of Election Commission: 3.

How independent is the EC?

4.

SPR Oversight Board 5.

Restriction on power of the EC: 6.

Weaknesses in the Election Acts and Regulations?

7.

Election Expenses 8.

Out-of-date laws on the SPR website: 9.

No shifting of ballot box 10.

Form 14 11.


Performance ofthe EC: 12.

General: Police Permits 13.

Postal Voter Rolls , , Pag~ 3 of 5 5.

Restriction on power of the EC: We note that there are severe restrictions on the ability of the EC to take action against election off~nces.

It appears that this power is vested in the Public Prosecutor.

A common sentence We see In .


the Election Acts and Regulations is: A prosecution for on offence under this Part shall not be instituted without the sanction ofthe Public Prosecutor.

We see this in: pag~ referenc~s to Elettion Laws by Int~rnational Law Book Services (pg xxx) a.
{Election Offences Act 1964J 56 (4) Offences against this part (pg 30), 511 (3) Punishment and incapacities for corrupt practice (pg 35), 527 (2) Punishment for conviction for illegal practice (pg 54), Part V Excuse for corrupt or illegal practice (pg 58), b.

[Election Commission Act 19SZl 5 11 Consent of Public Prosecutor to prosecutions (pg 96) c. - [Control Of Motor Vehicles and Vessels 19S91 R 10.

Sanction of Public Prosecutor.

(pg 110) Two effects have been seen.

1.


Candidates in certain parties commit corrupt acts without fear of prosecution, 2.

The SPR officers can abuse their powers and act with impunity as they feel that they will be protected from sanction.

Eg: Sibu by-el~ction May 2010: Prime Minister gave his famous "You help me,lhelp you" speech (juring a c~rarnah in Sibu.

5arawak 5tate Elections in Apr 2011: a. SKTanjong, Batu Danau: KTM was reciting the serial no.
ofthe ballot paper as each voter entered the polling station, b.

5KTanjong, Batu Danau:This pollingcentre had only 1 polling station.

Accqrding to the.Jadual Mengundi issued by the Returning Officer, there was no provision of a Barung.

Yet on polling day, a Barung was set up by the SPR and the place was crawling with election workers of one particular party, c. KTM at Batu Kawah refused to issue Form 14 to the counting agent.

Proposal: 1.
Proposal: 1.

Power to prosecute should be vested in the Election Commission and not in the Public Prosecutor.

All restrictions on such power of the EC to prosecute should be removed.

6.

Weaknesses in the Election Acts and Regulations?

Pg 24 [EOA) S3 Offences by any person.

After 50 years, it should be reasonable to expect thatthe SPR hasa complete list of offences that can possibly exist under the sun.
Can we ask them to prepare a comprehensive list, consult all the political parties and draft up a Code of Conduct during an election campaign, violatipn of Which will constitute an Page 5 of 5 There has been many reports of the presiding officer refusing to issue Form 14 to the candidate or agents, far too many.

This has to stop.
This has to stop.

We propose that a sub-paragraph by a.dded: (iii) If th~ presiding officer refuses to issue Form H to thecandirJate or his agent as ottend, he shall be arrested immediately and charged und~r [WAf 5 4 (g) Is withoutreosanCiple cause guilty of any act or omission in breach of his.official dutyond this action shallnot bereferrerJto the Public Prosecutor for sanction.

11.

PerfQ.rmance of the EC: We will be tabling a list of their poor actions in future hearings.
As we conduct training courses, we receive complaints from the participants that can be compiled for the consideration of the PSc.

One quid< point:Tn the Apr201lState Elections, many constituencies did not get enough Borang Sumpah Kerahsiaan and SPR Tags for PACABA.

with more than SO years of eXPerience, this is not acceptable.

One can only conclude thanhis is deliberate.

If theY cannot getsucha simple requirement right, they have no Qusiness to be conducting elections.

12.
12.

General: Police Permits We cannot accept the interference of police in the conduct of elections.

During an election, candidates should not require a police permit to hold any gathering.

The presence of police in any political event should be minimal such that they do not appear as a threat to the public.

They shall not be permitted to place impediments such as road blocks to disrupt any candidate's campaign.

To putit simply.

They should get out of the way.

13.


Postal Voter Rolls We are unable to find any procedures for the issue of postal voter rolls.

Can we ask the SPR to pUBlish it regularly every quarterly, just like the normal electoral rolls.

Thank you for your consideration.

Signed: Wong Piang Yow (ic: 500902-01-5043) 012'2149322, pywong.tindakm~Jaysia@gmail.com 14, SS 17/2l, SUbang Jaya47500 Selangor