General Election (1)

8/3/2019 General Election (1)

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Introduction

Election is a process of selecting a person for a role in the government or selecting a political

proposition by voting. It is important that the election has both the form and the substance of

election. For example, the voters do not have freedom to choose and genuine choice between the

alternatives, the election has the form but without the substance. Nowadays, in most countries,

the elections been hold in the formal sense, but in most cases the elections are not competitive or

the electoral situation in highly compromised by one side.

History of election started long time ago since 17th century in ancient Europe (Athens and

Rome). Some studies discover that election happened in India as early as 920 AD. In ancient

Europe, elections were used to select popes and Holy Roman emperors, but the voters were

selected people and not the public as a whole. Politics in ancient time were dominated byaristocrats whereby political members depended on aristocracy. Participation in election was

regulated by local customs and arrangement. This custom had been going on until late 18th

century after American and French revolutions declared every citizen formally equal to every

other.

In some cases where elections have only the forms and not the substances, it is called

authoritarian regime. The regime uses elections to show to others as a way to achieve a degree of

popular legitimacy. Another form of regime is dictatorship whereby in the elections the

opposition side is heavily been repressed or when the economic factors favor the regime. Even

there are oppositions side and the oppositions can participate, the oppositions face intimidation

by the government which will effectively immobilize the oppositions.

Both regimes will not hold the elections if there is significant chance that the regime will lose;

they will postpone the election although the time for election has come. In addition, it is a

common practice of both regimes to intervene in the elections during the elections, right before

the voters cast their votes. The intervention can be in form of physical attacks to the voters or to

the community, and by manipulating the count of votes that have been freely cast.

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Objective of Elections

Any governments that practice democracy take election process as a fundamental factor in its

system to form a government. Democratic government in modern society means a form of

government which political representatives are elected by the qualified citizens of the country.Direct democracy, on the other hand is impractical nowadays because it requires every political

decisions are made directly by entire citizens of the country. In the elections, the qualified voters

will select a leader or so-called representative in the office, and the representatives must act on

behalf of the voters and in the voters interest. The representatives must be accountable for their

performance in the office.

The elected representatives accountability can be questionable when they do not perform in the

interest of the voters and do not care about the performance in the office. This happens because

of historical reason or that the party or coalition is so dominant that there is no choice for voters

among alternative candidates, parties, or policies. Another reason is the dominant party use

government agencies to intimidate the voters.

To ensure the survival of democracy, it is possible to control the representatives by requiring

them to submit themselves to regular and periodic elections. This can also help to solve the

problem of succession in leadership. Healthy competition in elections will force the candidates or

parties to expose their records and future intentions to win popularity. In healthy environment,

elections serve as forums for the discussion of public issues and facilitate the expression of

public opinion.

Elections thus provide political education for citizens and ensure the responsiveness of

democratic governments to the will of the people. They also serve to legitimize the acts of those

who wield power, a function that is performed to some extent even by elections that are

noncompetitive. Elections also reinforce the stability and legitimacy of the political community.

Like national holidays commemorating common experiences, elections link citizens to each

other and thereby confirm the viability of the polity. As a result, elections help to facilitate social

and political integration.

Finally, elections serve a self-actualizing purpose by confirming the worth and dignity of

individual citizens as human beings. Whatever other needs voters may have, participation in an

election serves to reinforce their self-esteem and self-respect. Voting gives people an opportunity

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to have their say and, through expressing partisanship, to satisfy their need to feel a sense of

belonging. Even nonvoting satisfies the need of some people to express their alienation from the

political community. For precisely these reasons, the long battle for the right to vote and the

demand for equality in electoral participation can be viewed as the manifestation of a profound

human craving for personal fulfillment.

Elections have a ritualistic aspect, the campaigns are dramatic events that are accompanied by

rallies, banners, posters, buttons, headlines, and television coverage, all of which call attention to

the importance of participation in the event. Candidates, political parties, and interest groups

representing diverse objectives invoke the symbols of nationalism or patriotism, reform or

revolution, past glory or future promise. Whatever the peculiar national, regional, or local

variations, elections are events that, by arousing emotions and channeling them toward collective

symbols, break the monotony of daily life and focus attention on the common fate.

Election in Malaysia

Malaysia is a federal constitutional monarchy in Southeast Asia headed by Yang di-Pertuan

Agong as the head of state. The YDP is an elected monarch chosen from the hereditary rulers of

the nine Malay states every five years. Malaysian government system is headed by Prime

Minister and uses the model of Westminster parliamentary system. The Malaysian Constitution

and legal system is based on English Common Law. According to the Federal Constitution,

hierarchy of authority in Malaysia consists of the Executive, Judiciary and Legislative branch.

The Parliament consists of the Dewan Negara (House of Senate) and Dewan Rakyat (House of

Representatives). In each state in Malaysia has own Dewan Undangan Negeri (State Legislative

Chamber) whose members are elected from single-member constituencies. State governments

are led by Menteri Besar (Chief Minister) who are state assembly members from the majority

party in the Dewan Undangan Negeri.

Parliamentary elections are held at least once every five years. Often the parliamentary elections

are held simultaneously with the State Legislative Chamber election. Registered voters must be

above age of 21 and may vote for the members of the House of Representative and for the State

Legislative Chamber and voting is not mandatory in Malaysia. Although Malaysia is a federal

state, many have suggested that its federalism is highly centralized.

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Malaysia has a multi-party system since the first direct election of the Federal Legislative

Council of Malaya in 1955 on a first-past-the-post basis. The first-past-the-post basis means that

the party or coalitions that have majority seats will be declared win either in the House of

Representatives or the State Legislative Chamber. The ruling party since then has always been

the Parti Perikatan (Alliance Party) now Barisan Nasional (National Front) since 1973. The

Barisan Nasional coalition currently consists of the United Malay National Organisation

(UMNO), Malaysian Chinese Association (MCA), Malaysian Indian Congress (MIC) and other

11 political parties.

Elections in Malaysia exist at two levels: national level and state level. National level elections

are those for membership in the Dewan Rakyat, the lower house of Parliament, while state level

elections are for membership in the various State Legislative Assemblies. The head of the

executive branch, the Prime Minister, is indirectly elected.

State resources and facilities have been used unashamedly by the BN camp, leaving poorly-

funded opposition parties at a disadvantage. Although candidates are sufficiently free to contest

and voters are sufficiently free to vote for their preferred candidate, the BN government

exercises considerable and often controversial control over associational and political activities.

These controls contribute to a situation in which elections are so heavily loaded in favor of the

government that opposition parties can gain entry to parliament but are prevented from winning

the majorities necessary to control it.

While the national election commission is de jure independent from the government, its

neutrality and autonomy is compromised because the government dominates the commission

through its control of the appointment procedures. Although the appearance of so-called

phantom voters caused considerable concern regarding the accuracy of the electoral roll, in

general the conduct of elections by the election commission is satisfactory. The implementation

of an improved year-round registration system by the election commission has helped to

overcome problems of manipulation and processing delays in the 2004 election that preventedseveral hundred thousand new voters from voting in 1999.

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The table below shows the result of General Election in Malaysia since the first General Election

in 1959 between the Government and the Opposition parties. The latest result was the 12 th

General Election in 2008 whereby the ruling coalition won 62.61% or 140 seats of total 222.

Political Parties in Malaysia

Malaysians are free to form democratic political parties that can participate in elections. The

Communist Party is the only party declared illegal. However, in recent years, the government has

put increasing pressure on Islamic parties such as the PAS, which, according to the government,

threaten communal peace by promoting religious extremism. All of the major political parties in

Malaysia are race-based. Traditionally, the opposition parties in Malaysia have been

comparatively weak in terms of their structure and finances. Divisions through profound

ideological differences associated with an ambiguous PAS concept of the Islamic state which

clearly frightens many non-Muslims such as the ethnic Chinese constituencies of the Democratic

Action Party (DAP)also weaken the opposition.

All resident citizens of Malaysia who are of the minimum age prescribed by law can participate

in the political process. There are no exclusions based on ethnic or religious criteria. Although

there are signs of increasing political activism among NGOs and civil society groups, there are

several legal as well as informal constraints restricting their growth and development.8 For

example, Amnesty International has been denied permission to establish a branch in Malaysia,

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despite several applications. The same laws are used to restrict the growth of trade unions or

other independent social organizations. Freedoms of information, speech and assembly, etc., are

restricted by law. The only area where the law has not caught up is the Internet, where most

forms of political expression are grudgingly tolerated.

Barisan Nasional (BN)

Barisan Nasional also known as the National Front in English term. BN was established on July

1, 1974 as the successor of the Alliance (PERIKATAN in Malay term). The Alliance was

founded as a result of political movement of races in Malaya (now Malaysia) with the merger of

UMNO (Malay) and MCA (Chinese). MIC (Indian) joined later. The Alliance won the first

General Election in 1955 and was given the mandate to form the first government with Tunku

Abdul Rahman as the first Prime Minister. The cooperation of various parties was later

institutionalized as Barisan Nasional (BN) in 1974. BN is the major political coalition in

Malaysia ruling the country uninterruptedly since its independence. BN's member parties are

UMNO, MCA and MIC being the three largest race-based parties, PPP, GERAKAN, PBB,

SUPP, SAPP, PBS, LDP, PBRS, UPKO and SPDP. Membership is possible through one of the

constituent parties. BN is chaired by UMNO President Mohd Najib Abdul Razak who is also the

Prime Minister of Malaysia.

United Malays National Organization (UMNO)

UMNO is also known as the Pertubuhan Kebangsaan Melayu Bersatu in Malay term. UMNO

was established on May 11, 1946 to protest against the setting up of Malayan Union by the

British on their return to the then Malaya after the Second World War. UMNO was formed to

save the Malay community from sinking under the new political and economic wave that could

deter them. Dato' Onn Jaafar was elected first leader. Tunku Abdul Rahman replaced Dato' Onn

in 1951. A split in UMNO in 1987 led to the formation of UMNO Baru and Semangat 46.

Semangat 46 was dissolved in May 1996 and members joined the UMNO. The suffix Baru

(New) was dropped in 1997 and the original name restored. UMNO membership is open to all

Malays and Bumiputra of Malaysia. UMNO is the largest political party in Malaysia and a

founding member of Barisan Nasional (BN). UMNO consists of the women wing, youth wing

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and puteri wing. The current president for UMNO is the chairman of Barisan Nasional and the

Prime Minister of Malaysia, Mohd Najib Abdul Razak.

Malaysian Chinese Association (MCA)

MCA is also known as the Persatuan Cina Malaysia in Malay term. MCA was established on

February 27, 1949 as the Malayan Chinese Association to safeguard the legitimate rights of the

Chinese community in the then Malaya. Sir Tun Tan Cheng Lock was the inaugural president of

MCA. MCA and UMNO formed the Alliance in 1952, which was later institutionalized as

Barisan Nasional (BN) in 1974. MCA is a major component party of the Barisan Nasional. MCA

membership is confined to ethnic Chinese. The MCA has MCA Youth, and Wanita MCA. The

current president for MCA is Chua Soi Lek.

Malaysian Indian Congress (MIC)

Also known as the Kongres India Se-Malaysia in Malay term. Malaysian Indian Congress (MIC)

is the third largest component party of the Barisan Nasional (BN) coalition, previously known as

the Alliance. MIC was established in August 1946. MIC joined the Alliance in 1954. Its

membership is confined to ethnic Indians. MIC aims to represent, express and give effect to the

legitimate aspirations of Indians in Malaysia while promoting inter-racial harmony and goodwill.

The MIC consists of Youth MIC, Women MIC, Puteri MIC. The President of MIC is G.Palanivel.

Parti Gerakan Rakyat Malaysia (PGRM)

It is commonly known as the GERAKAN and also known as the Malaysian People's Movement

Party in English term. GERAKAN is a Barisan Nasional (BN) component party. GERAKAN

was established on March 24, 1968. In its early stage, GERAKAN has drawn its main support

from members of the dissolved United Democratic Party, and the English-educated moderates of

the Labor Party. GERAKAN supported and became part of the Barisan Nasional (BN) coalition

in 1974. GERAKAN is a multi-racial national party and has a strong grassroots in the state of

Penang. GERAKAN current President is Koh Tsu Koon.

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Parti Bersatu Sabah (PBS)

PBS is also known as the Sabah United Party in English term. PBS was established on March 5,

1985 by Datuk Seri Panglima Joseph Pairin Kitingan after being forced out of the then ruling

Parti Bersatu Rakyat Jelata Sabah (BERJAYA). PBS defeated BERJAYA in the 1985 State

Election and joined Barisan Nasional (BN) in 1986. PBS walked out of BN in 1990 but was re-

accepted into BN as the coalition's 14th member without any condition on January 23, 2002.

PBS is a Kadazan-Dusun-led multi-racial political party. PBS was founded by Joseph Pairin

Kitingan and the current President of PBS is Harris Salleh.

United Pasok Momogun Kadazandusun Organisation (UPKO)

UPKO is also known as the Pertubuhan Pasok Momogun Kadazandusun Bersatu in Malay term.

UPKO was established in May 1964 as a result of merger between United Kadazan National

Organization-UNKO (Pertubuhan Kebangsaan Kadazan Bersatu) and United Pasok Momogun

Organization-PASOK MOMOGUN (Pertubuhan Pasok Momogun Bersatu). UPKO joined the

Barisan Nasional (BN) when the coalition party was formed in 1974. UPKO's objective is to

voice the rights and strives for the development of Kadazandusun Murut (KDM). UPKO was

founded by Bernard Dompok.

Parti Pesaka Bumiputra Bersatu (PBB)

PBB is also known as the United Sarawak Native Inheritance Party in English term. PBB was

established on April 30, 1973. The PBB was formed from the combination of three parties in

Sarawak namely Parti Negara Sarawak (PANAS), Barisan Rakyat Jati Sarawak (BARJASA) and

Parti Pesaka Anak Sarawak (PESAKA). BARJASA and PANAS merged to form Parti

Bumiputera in March 1968 and was the main representative of Muslim Sarawakians. On April

30, 1973, Parti Bumiputera again merged with PESAKA to form PBB. PBB joined the Barisan

Nasional (BN) when the BN coalition party was formed in 1974. PBB is the largest political

party in Sarawak with strong support from the rural areas. PBB's membership is confined to

ethnic Sarawak Bumiputera. Abdul Taib Mahmud is the President of PBB from 1981 until now

after he won the post unopposed. He is also the current Chief Minister of Sarawak from 1981,

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the longest serving Chief Minister in Malaysia and the longest serving parliamentarian in

Malaysia.

Sarawak United Peoples Party (SUPP)

SUPP is also known as the Parti Rakyat Bersatu Sarawak in Malay term. It is one of the oldest

political parties in Sarawak. SUPP was established on June 18, 1959. SUPP is a Chinese-led

multi-racial political party. SUPP joined the Barisan Nasional (BN) coalition in 1976 and is the

second largest BN party in Sarawak. SUPP consists of SUPP Youth and Women. The President

is George Chan Hong Nam.

Democratic Action Party (DAP)

DAP is also known as the Parti Tindakan Demokratik in Malay term. The DAP was originally

the branch of the People's Action Party (PAP) of Singapore after Singapore gained its

independence from Malaysia in 1965. DAP was established in October 1965 and was officially

registered on March 18, 1966. On October 24, 1999, DAP, PAS, Keadilan and PRM announced

an electoral alliance and formed Barisan Alternatif (BA) to counterweight the ruling BN in the

1999 general elections. However, DAP withdrawn from the Barisan Alternatif on September 21,

2001. DAP is the largest multi-racial and opposition party in Malaysia. DAP draws majority

support from the Malaysian Chinese. In April 2008, DAP joined with Parti Islam Se Malaysiaand Parti Keadilan Rakyat to from Pakatan Rakyat or Peoples Alliance. Karpal Singh is the

National Chairman of DAP and the Secretary General is Lim Guan Eng.

Parti Islam Se Malaysia (PAS)

Commonly known as PAS and also known as the Islamic Party Of Malaysia in English term.

Formerly known as Persatuan Islam Se-Malaya (Pan-Malayan Islamic Party) and was registered

as a political party in Malaysia on May 31, 1955. It was renamed Parti Islam Se-Malaysia (PAS)

in 1973. In 1999, PAS, DAP, Keadilan and PRM formed Barisan Alternatif (BA) coalition to

counterweight the ruling BN. DAP withdrawn from BA in 2001 but formed Pakatan Rakyat or

Peoples Alliance in 2008. PAS is an opposition Islamist party and aims to create an Islamic

government that rules the people according to the value of the Islamic way which would obey

Allah. PAS put Islam as it's guideline to move the party and its members. PAS enjoys strong

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support from northern rural and conservatives areas and PAS trying to reach out and win the

hearts of non-Muslim Malaysians by way of moderation. The Spiritual Advisor is Tuan Guru

Nik Abdul Aziz Nik Mat and the President is Tuan Guru Abdul Hadi Awang. Among notable

leaders are Burhanuddin al-Helmy and Fadzil Noor.

Parti Keadilan Rakyat (KEADILAN or PKR)

PKR is also known as the People's Justice Party in English term. An opposition party established

on April 4, 1999 as Parti Keadilan Nasional (National Justice Party) by Dr Wan Azizah Wan

Ismail, the wife of former Deputy Prime Minister, Datuk Seri Anwar Ibrahim. In 1999, PAS,

DAP, Keadilan and PRM formed Barisan Alternatif (BA) coalition to counterweight the ruling

BN. DAP withdrawn from BA in 2001. Parti Keadilan Nasional merged with Parti Rakyat

Malaysia-PRM (Malaysian People's Party) in 2003 and renamed Parti Keadilan Rakyat.

Keadilan's core principle is to promote social and economic justice, political corruption and

human rights issues within a non-ethnic framework. The Keadilan consists of Keadilan Youth

and Women. The President of PKR is Dr. Wan Azizah Wan Ismail.

Sabah Progressive Party (SAPP)

SAPP is also known as Parti Maju Sabah in Malay term. It was established on January 21, 1994

by Datuk Yong Teck Lee weeks before the 1994 State Election after relinquishing his duty asdeputy president of the then ruling Parti Bersatu Sabah (PBS). SAPP joined the Barisan Nasional

(BN) in February 1994 in its fight against PBS and became a component party of the BN

coalition. SAPP left BN in September 2008 to be an independent party. SAPP is a Chinese-led

multi-racial political party in Sabah, East Malaysia.

Suruhanjaya Pilihanraya (SPR); Election Commission of Malaysia

Election Commission of Malaysia, or in Malay is Suruhanjaya Pilihanraya (SPR) was established

on 4th September 1957 in accordance with Article 114 of the Federal Constitution. During the

establishment, Election Commission only consisted of a Chairman and two members. The first

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Chairman of the Commission was Dato Haji Mustapha Albakri Hj Hassan and the two members

were Mr Lee Ewe Boon and Mr Ditt Singh. After Malaysia was formed in 1963, the third

member was appointed to the Election Commission. The third member was rotated among Sabah

and Sarawak on a rotation basis. The first third member was from Sarawak, Dato Abang Haji

Marzuki bin Nor and he was representing both states.

In 1981, an amendment to the Article 114 of the Constitution was made to enable the

appointment of a Deputy Chairman to assist the task of the Chairman. Haji Abdul-Rahman bin

Abu Hassan was the first person to fill the position of Deputy Chairman. In 2002, amendments to

the Constitution approved to increase the membership of the Election Commission to seven

people. The membership consists of a Chairman, a Deputy Chairman and 5 members including

one member from a member of the Sabah and Sarawak. To enable it to discharge its functions,

the Election Commission to form a Secretariat headed by a Secretary. Secretary serves as the

administrative head of the secretariat. Appointed the first Secretary was Mr. H. Cassidy, who

served from 1957 to 1958.

The Election Commissions office was located at the Sultan Abdul Samad Building in Kuala

Lumpur since the establishment date, 1957 until 1978. After that the Eelction Commission

moved to NSW Foundation Building at Jalan Bukit Bintang, Kuala Lumpur which they operated

until 1985. In 1985, the Election Commission then moved again to Jalan P Ramlee, the Ah Tong

Building and had their operation there until 1988 before moving over to Level 5-8, Tower

Development Bank, Jalan Sultan Ismail, Kuala Lumpur. In November 200, the Election

Commission Headquarters moved to Putrajaya until today.

Election commission of Malaysia function in three main area, they are

made a study and delineation of parts of the State Election Parliament and each not less than

eight years after the date of completion of the study and the redrawing of the business of the

preceding

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carry on the business registration of electors and revision of electoral rolls

conducting the General Election to the House of Representatives and State Legislative

Assembly, and conduct by-election if a vacancy arose

Election Commission policy is to maintain, supervise and maintain the democratic process in the

country through the elections free and fair. It is the responsibility of the Commission to ensure

that people can choose their representatives through direct voting in every election.

Parliament

Malaysia practices Parliamentary Democracy with Constitutional Monarchy and His Royal

Highness is the Paramount Ruler. The Federal Constitution was legislated with the setting up of

conditions for this system to exist. One of the conditions of Parliamentary Democracy is the

division of the administrative power into three parts, which are Legislative, Judiciary, and

Administrative or Executive. Malaysia is also a country that practices a system of Democracy

based on the Federation system. In accordance to this, Perlis, Kedah, Pulau Pinang, Perak,

Selangor, Negeri Sembilan, Melaka, Johor, Pahang, Terengganu, Kelantan, Sarawak and Sabah

have agreed to the concept of the formation of the country of Malaysia.

Structure of Parliament

The Malaysian Parliament is divided into three components:-

1. Yang Di-Pertuan Agong, the Paramount Ruler

2. Senate

3. House of Representatives

Composition and Power

These are Members of Parliament (MP) who were elected in the present election. There are 222

elected MPs. 140 MPs are with the ruling Barisan National and 82 are with the oposition Pakatan

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Rakyat. They will serve as MPs until the dissolution of Parliament pending the next general

election.

The Dewan Negara is made up of 70 appointed members known as Senators. The 13 State

Legislative Assembly each appoints 2 senators. The King appoints another 44 senators, on the

advice of the Prime Minister.

Each term of senatorship is for 3 years. Each senator may serve up to a maximum of 2 terms.

The tenure of the Dewan Negara is not determined by the dissolution of Parliament.

State Level

At the state level, voters elect representatives to the Dewan Undangan Negeri (State Legislative

Assembly). The number of representatives varies between the different states, with as many as

71 electorates in Sarawak and as little as 15 in Perlis. Members are elected from single-member

constituencies drawn based on population using the first-past-the-post system. State assembly

constituencies are usually smaller (in area and population) than the parliamentary constituencies.

The party that forms the majority of the state assembly will form the state government.

Usually, state elections are held simultaneously with the parliamentary election but each state

can decide when to hold its election. This is because state assemblies are dissolved by their

respective Ruler or governor on the advice of the chief minister of the state. For example, in the

1999 general election, the state elections of the 11 states on Peninsular Malaysia were held

simultaneously with the parliamentary election while the state elections

of Sabah and Sarawak were held at different dates. In the 2004 and 2008 general elections, the

state election of Sabah were held simultaneously with the parliamentary election as well, but

Sarawak held its state election in 2006 and 2011.

Before the 2008 elections, the Barisan Nasional usually controlled most of the state assemblies in

every election, with the notable exception of the state of Kelantan. Kelantan has been a

stronghold of the Islamic Party of Malaysia (PAS) since 1959. However, Barisan Nasional lost

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an additional four states (Penang, Kedah, Perak and Selangor) to the loose coalition of opposition

parties composed of PAS, Democratic Action Party (DAP) and People's Justice Party (PKR) in

the 2008 elections, which has been termed by the Opposition as the 'political tsunami' of

Malaysia. The new opposition coalition is known as Pakatan Rakyat or Peoples Front.

Voters Registration

According to Article 113 of the Federal Constitution, one of the function of the Election

Commission is to register eligible citizens as voters so that they can participate in the process of

selecting representatives to express their opinion and defend their rights in the House of

Representatives or the Legislative Assembly. The election commission allows the new eligible

voters to be registered every day since July 16, 2002. The new registration will be processed by

Election Commission and never fail to register new eligible voter. Before July 16, 2002 the new

registration was allowed once a year between 21 to 42 days.

It is the right for every Malaysian citizen to vote in General Election or By-Election to choose

the representative and that can form a government through Parliament and State Legislative

Assemblies. To be able to vote and take part in election, the citizen must register with Election

Commission and once the name appeared in the list of electors, the citizen can vote.

Election Commission of Malaysia carries two types of voter registration

New registration

Election Commission receives application from an eligible citizen to register as voter for

the first time.

Change of address of registration and voting centre

Election Commission receives application from a registered voters who apply to register

the new residence address. It is associated with a change of address of a registered voter toa new address, the new polling centre will be set to the new address.

According to election law, the Election Commission can register two types of voters

Ordinary voters

The registered voters will be present at polling centre on the day of election

Absentee voters

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The registered voters will be labelled as PTH specified in Rule 2, Regulation of the

Elections (Registration of Electors) 2002, namely, military personnel and their spouses,

civil service employees serving abroad and their spouses who live with them and full-time

students studying abroad and their spouses who live with them. PTH is allowed to vote by

vote.

Eligibility to do Postal Vote:

Election Task Force

Members of the police and their spouses, forest police

Members of the Panel and the EC Officer

Any category set by the EC is eligible to vote by post through the gazette

Postal voting will be held earlier once the ballot paper in print and they have to replye the ballot

papers that already been marked to the office latest by the Returning Officer not later at 5.00 pm

on polling day.

Requirements for a citizen to be registered as eligible voters

A citizen of Malaysia

Has attained the age of 21 years

Resident in the constituency to be registered

Not barred/disqualified by the law in force

Election Process

Elections are supervised by a seven-member politically neutral Election Commission. Its

members are appointed by the Yang di-Pertuan Agong following the advice of the Prime

Minister.

Nomination process

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Nomination centers are set up in various locations by the Election Commission to allow

candidates to register themselves. Typically any Malaysian citizen may register as a candidate as

long as he is not disqualified from doing so. He or she does so by filing the appropriate forms

and placing a monetary deposit. The deposit was RM5000 to contest a parliamentary seat, or

RM3000 to contest a state assembly seat. This amount was changed to RM 10,000 and RM 5,000

respectively in 2004. Additionally in 2004 it was required that each candidate provide a RM

5,000 deposit for cleaning up banners and posters after the election. This increase is seen by

some as having led to the government winning a record number of seats without contest in 2004

(17 parliamentary seats were won without contest). The deposit is used to pay for infringements

of election laws and is returned after polling day unless the candidate loses and fails to garner

more than 1/8 of the vote.

As of the 2004 elections, candidates may have a lawyer present at these proceedings. Some

candidates have been disqualified from previous elections as they lacked the competence to fill

in the forms correctly.

In 2004 candidates were given 1 hour to fill out and return their nomination forms as opposed to

2 hours previously. This led to disqualification of certain candidates who were unaware of the

change.

Campaigning

The campaign period permitted by law runs from the date of nomination day until polling day.

Campaigning amongst opposition parties is often hampered by a lack of access to government-

controlled media. Prior to the 1999 general election, opposition parties were given a brief period

of airtime on the public Radio Television Malaysia (RTM) radio stations to broadcast their

manifestoes. However, the government announced a change of policy in 1999, insisting that as

RTM was government-owned, preference would be given to government parties.

Election Day

On Election Day, registered voters may cast their ballot for their chosen candidate in a

designated voting center. These voting centers are typically schools or community centers which

have been procured for that day. All activities in the school are suspended for that day. Holidays

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are also declared in states where Election Day does not fall on a weekend to allow maximum

turnout.

Certain political parties will provide transport for voters to and from the voting center. While

campaigning is not allowed on Election Day, transportation is seen as something of a socialservice, especially since many people did not have a personal means of conveyance until the last

decade or two, as of 2004.

No campaigning or advocacy for candidates is allowed within a voting center. However, just

outside the gate of most voting centers, there will be people plugging the various candidates.

Agents

Each candidate is allowed one agent per voting center. Their job starts early and begins by

inspecting that the metal ballot boxes have not been tampered. They also ensure that the boxes

are securely locked before voting begins. After locking, the boxes are sealed by the election

commission and each agent may place their own seal on the box.

The agents also ensure that the ballot papers given out to voters do not contain markings. In the

past certain parties have marked the ballot papers for their own candidates. This will result in a

spoilt vote which is discarded during counting. Some ballot papers have been coated with waxy

surfaces to prevent voting for certain candidates. The agents ensure that these events do not

occur.

The last task of the agent is to ensure that, on the close of voting, the ballot boxes are still secure

and the seals are intact. This may be done at a designated counting center instead of the voting

center. The boxes are opened once the agents are certain that there is no tampering.

Voting process

Only registered voters may vote in elections. Any Malaysian citizens above 21 years old must

register in the voters' registry with the Election Commission via any offices affiliated with the

Election Commission, post offices with computerized facilities or specified counters, before he

or she could vote in elections.

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After identity verification at a voting center, each voter receives two paper ballots, one for the

parliamentary seat of the constituency and another for the state assembly seat. In federal

territories, where there is no state assembly, and states whose state election is held on a different

date, each voter receives only one ballot for the parliamentary seat.

Each voter walks into individual booth to mark the ballots in secret. The voter marks on each

ballot the candidate of his or her choice with a cross beside the candidate's name and party

symbol. After finish marking, the voter folds the ballots and drops them into separate ballot

boxes for parliamentary and state assembly seats.

Counting and announcement of election results

After the close of voting the election agents check the ballot boxes prior to opening and

counting. They also monitor the counting to ensure that the total ballots are the same as the

number of votes cast. This extends to checking the number of "double votes". Every ballot paper

has a serial number on it and they are given out sequentially. Agents may check that the serial

numbers match up. The counting of the ballots is done by hand.

After a count at the voting center the boxes are transported to the counting center for a second

count. If all candidates agree to the count then it stands or else an immediate re-count is done at

the counting center.

Election results are announced through live broadcasts by radio and television stations. Some

newspapers print special editions to cover the election results. In most constituencies, the results

will be out on the night of the Election Day. In some rural constituencies and constituencies that

need recounts, the results may not be announced until the next day.

Election Offense

There are a few offenses under election law. Most of these pertain to acts which induce a voter to

cast his ballot for a candidate. It is also an offense to use these actions to induce voters not to cast

ballots at all. These offenses extend to using third parties as agents to commit them.

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It is an offence to provide food, drinks or refreshments with a view to induce voters to

either vote for a particular candidate or not vote at all.

It is illegal to provide monetary rewards for voting for a certain candidate.

It is an offence to threaten a person to vote for a candidate or not to vote. In 2004 this was

extended to include "spiritual threats". This was due to the Islamic Party of Malaysia (PAS)

threatening citizens in less developed parts of the country with eternal damnation if they did not

vote for the PAS and that a vote for them would be rewarded by God.

It is an offence to obstruct passage to and from a voting center. Setting up a location for

any candidate within 50 yards (50 m) of the voting center is an offence. Similarly, loitering in

this zone is also an offence. Only voters are allowed in this zone on voting day.

It is technically an offence to provide transportation to a voting center. However, this is

not normally enforced as all parties do this to some degree. It is a further offence to use a vehicle

that is normally rented out (such as a taxi or hired bus) to provide such transportation. The only

exception to this is that it is allowed to provide for the crossing of rivers. No passengers of any

vehicle can be forced to alight within 50 yards (46 m) of a candidate's booth on voting day.

Each candidate is not allowed to spend more than RM 200,000 (parliamentary) or RM

100,000 (state) for campaigning under Section 19 of the Elections Offences Act, 1954. It has

been alleged, however, that the governing Barisan Nasional coalition spent around RM1.5 billion

in the 2004 general election, far more than the RM94, 300,000 permitted under the regulations.

Legislation

Laws and Regulations of Election

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To facilitate the implementation of the election, a number of laws and regulations have been

enacted to ensure full compliance with the election procedures. Laws and regulations enacted are

as follows:

The Federal Constitution

Constitution of the State

Election Commission Act 1957

Elections Act, 1958 (Act 19)

Election Offenses Act, 1954 (Act 5)

Election Regulations (Conduct of Elections) 1981

Election Regulations (Registration of Electors) 2002

Election Regulations (Postal Voting) 2003.

All the laws and regulations are directly related to the electoral process. However there are some

laws that do not have direct relevance to the election process, but play a role in the smooth

conduct of elections. It is include the Police Act 1967; the Sedition Act 1958 Official Secrets Act

1971; and Security Act, 1960.

Other Elements in Election

Enforcement Team Election Campaign

To ensure a smooth election, the EC has the power under section 3 (d) of the Elections Act 1958

and section 27A of the Election Offences Act 1954 to appoint Enforcement Officers and forming

one or more of the Enforcement Team Election Campaign in each constituency of Parliament.

Membership of this team is made up of: -

Enforcement Officer appointed under section 3 (d) of the 1958 Election

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A police officer not below the rank of inspector.

A representative of local authorities.

A representative of political parties / candidates.

The functions are: -

Oversee and monitor all activities of the candidates

Lowering of all campaign materials that are against the election laws

Stop the speeches and lectures in violation of election laws.

Oversee and coordinate campaign activities

Election Expenses

Candidates are allowed to spend for their election matters based on the following: -

Parliament: Not more than RM200, 000.00

State Assembly: Not more than RM100, 000.00

Candidates are required to submit statements of expenditure to the EC within 31 days from the

date of the election results in gazette. The candidates and election agents who fail to do so will

cause them not eligible to contest for a period of five years.

Election Petition

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Election results can only be challenged in court by election petition. It shall be submitted within

21 days from the date of the election results in gazette. An election petition can only be made on

the following grounds: -

Bribery, intimidation or any misconduct that could affect election

Non-compliance with laws and regulations of elections

The act of corruption or illegal acts committed by the candidates or agents.

A candidate or his agent is not eligible to participate in elections

Conclusion

Election is a process of selecting a person for a role in the government or selecting a political

proposition by voting. Any governments that practice democracy take election process as a

fundamental factor in its system to form a government. In the elections, the qualified voters will

select a leader or so-called representative in the office, and the representatives must act on behalf

of the voters and in the voters interest. Malaysia is a constitutional monarchy. The "Yang di-

Pertuan Agong" as king and head of state has the obligation to act in accordance with

government advice. He also presides over a chamber of nine Malay sultans and four governors,

the "Conference of Rulers", which has discretionary powers on matters pertaining to Malay

culture and tradition. Malaysia's bicameral parliament consists of the Senate (Dewan Negara)

and the House of Representatives (Dewan Rakyat). 29 senators of the Dewan Negara are

appointed by the State Assemblies, while the king appoints the remaining 40 senators. The

federal parliament presently holds 193 members, which are elected from territorially delimited

single-member constituencies with plurality voting. Federal elections are held at intervals no

longer than five years. Each of the states has a unicameral State Legislative Assembly, whosemembers are elected at the same time and in a similar manner to the federal elections. Registered

voters must be above age of 21 and may vote for the members of the House of Representative

and for the State Legislative Chamber and voting is not mandatory in Malaysia. Malaysians are

free to form democratic political parties that can participate in elections. All resident citizens of

Malaysia who are of the minimum age prescribed by law can participate in the political process.

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There are no exclusions based on ethnic or religious criteria. Malaysian has many politics

parties and among them the most popular are Barisan Nasional (BN) and Pakatan

Rakyat. Barisan Nasional also known as the National Front in English term. BN was established

on July 1, 1974 as the successor of the Alliance (PERIKATAN in Malay term). The Alliance was

founded as a result of political movement of races in Malaya (now Malaysia) with the merger of

UMNO (Malay) and MCA (Chinese). MIC (Indian) joined later. In the other hand, Pakatan

Rakyat was formed by the People's Justice Party (PKR), Democratic Action Party

(DAP), and Pan-Malaysian Islamic Party (PAS) on April 1, 2008, after the 12th

Malaysian general election. They had formed the Barisan Alternatif(Alternative

Front) previously in the 10th general election. To make the election more smooth

and controlled, Suruhanjaya Pilihanraya (SPR) or Election Commission of Malaysia been

established. Under SPR, the law is made for further tightening and cleans of theelection process.

Reference

Britannica Encyclopedia

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Lim Hong Hai and Kiang-Min Ong, The 2004 general election and the electoral process in

Malaysia in: Aurel Croissant and Beate Martin (eds.), between consolidation and crisis.

Elections and democracy in fivenations in Southeast Asia, Hamburg: Lit Verlag 2006.

William Case,Politics in Southeast Asia. Democracy or Less, Richmond: Curzon Press 2002, p.

120.

Mafrel's Report on alleged phantom voters in Pengkalan Pasir in:Asia Democracy, December

5, 2005 at http://www.asiademocracy.org/content_view.php?section_id=1&content_id=601.

Johan Saravanamuttu, Report on Human Rights in Malaysia in:Aliran Monthly at

http://www.aliran.com/oldsite/hr/js1.html.

George, K., Squeezed and silenced in:Aliran Monthly, July 7, 2006 at

http://www.aliran.com/content/view/93/10/.

Article 19 and Suaram,Freedom of Expression and the Media in Malaysia, Kuala Lumpur,

December 2005, pp. 43-45.

Chin, James. 2002. "Malaysia: The Barisan National Supremacy." In David Newman & John

Fuh-sheng Hsieh (eds),How Asia Votes, pp. 210233. New York: Chatham House, Seven

Bridges Press. ISBN 1-889119-41-5.

Chow, Kum Hor (October 8, 2005). "'Third government' is ratepayers' bugbear".New Straits

Times, p. 18

Crouch, Harold. 1996. Government and Society in Malaysia. Ithaca, NY; London: Cornell

University Press. ISBN 0-8014-8310-7.

Rahman, Rashid A. (1994). The Conduct of Elections in Malaysia, p. 10. Kuala Lumpur: Berita

Publishing. ISBN 967-969-331-7.

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http://en.wikipedia.org/wiki/Special:BookSources/1889119415http://en.wikipedia.org/wiki/New_Straits_Timeshttp://en.wikipedia.org/wiki/New_Straits_Timeshttp://en.wikipedia.org/wiki/Special:BookSources/0801483107http://en.wikipedia.org/wiki/Special:BookSources/1889119415http://en.wikipedia.org/wiki/New_Straits_Timeshttp://en.wikipedia.org/wiki/New_Straits_Timeshttp://en.wikipedia.org/wiki/Special:BookSources/0801483107

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