Note 7: Election System in Malaysia.

NATIONAL LEVEL
There are____________ members of House of Representatives-Parliament. Majority of
the House of representatives are from the federal government. The Constitution of
Malaysia stated that general election will be held every ___________ years.
Request by the Prime minister, the Parliament dissolved by the Yang di-Pertuan
Agong. In West Malaysia, the general election will be held two months after the
dissolution of the Parliament whereas for the east Malaysia will be in three months .
(includes Sabah and Sarawak).

LOCAL GOVERNMENT ELECTIONS

The abolition of local government elections took place when the Local
Government Act was passed in 1976.
Transparency International Malaysia Public Opinion Survey, 2001, found that
municipal councils were seen as more corrupt than: the land office, judicial office,
environment department, health department, police and road transport department.
Only 13 cases or 5.4% of arrests for corruption in the public sector were Local
Council. Officers (Anti-Corruption Agency). Few reports of specific allegations of
corruption in Local Councils are mainly due to opaque processes of what actually
takes place.
Increasing centralisation of Malaysian government functions: in the past,
Georgetown City Council provided a public bus service, run women and childrens
clinics. No local authority provides that today.
Processes of the general election in Malaysia
1. Nomination Day - the day fixed by the Election Commission for candidates to submit their
nomination papers, to contest in the election,
2. Polling day refers to the day electors cast their vote.
3. Count Votes- a few groups who are elected by EC.
BY-ELECTIONS
A by-election is held in addition to general elections.
Held in the respective constituency when a member of Parliament or state assembly
dies, resigns or is disqualified from holding a seat.The by-election must be held 60
days within the date of vacancy.

Normally, the Yang di-Pertuan Dewan Undangan Negeri or the Yang di-Pertuan
Dewan Rakyat will give a letter in the form of notice to the Election Commission of
Malaysia (Suruhanjaya Pilihan Raya Malaysia, SPRM).
Later the SPRM will determine the date where the by-election will be held.
Among the period where the by-election is held, the 9th general election (1995) and
the 12th general election (2008) are the periods with the most number of byelections.
The by-election must be held 60 days within the date of vacancy.
Later the SPRM will determine the date where the by-election will be held.
What is gerrymandering? The drawing of electoral districts to advantage
some groups over others.
What are the conditions to become a voter in Malaysia.?
#

Must register with the Election Commission.

Must be 21 years old and above.

Malaysian.

Soundful mind.

Not being declared as bankrupt by the court.

ELECTION COMMISSION OF MALAYSIA

What are their duties?

Prepare and check the voters lists for elections

Manage the election process for the Parliamentary and State Legislative
Assembly constituencies.
register voters and prepare electoral roll

determine election boundaries / constituencies

set election regulations

register candidates on nomination day

count votes and declare results

PARLIAMENTARY DEMOCRATIC SYSTEM

A parliamentary system is a system of government in which the ministers of the
executive branch get their democratic legitimacy from the legislature and are
accountable to that body, such that the executive and legislative branches are
intertwined.
Malaysia Parliamentary System
1.
As the ultimate legislative body in Malaysia, the Parliament is responsible for
passing, amending and repealing acts of law.
2.
It is subordinate to the Head of State, the Yang di-Pertuan Agong, under
Article 39 of the Constitution.
The Dewan Rakyat consists of 222 members of Parliament (MPs) elected from
single-member constituencies drawn based on population in a general election
using the first-past-the-post system.
4.
A general election is held every five years or when Parliament is dissolved by
the Yang di-Pertuan Agong on the advice of the Prime Minister. Suffrage is given to
registered voters 21 years and above, however voting is not compulsory.
5.
The age requirement to stand for election is 21 years and above. When a
member of Parliament dies, resigns or become disqualified to hold a seat,
6.
A by-election is held in his constituency unless the tenure for the current
Parliament is less than two years, where the seat is simply left vacant until the next
general election.
7.
The Dewan Negara consists of 71 members (Senators); 27 are elected by
the 13 state assemblies (2 senators per state), 4 are appointed by the Yang diPertuan Agong to represent the 3 federal territories (2 for Kuala Lumpur, 1 each for
Putrajaya and Labuan). The rest 40 members are appointed by the Yang di-Pertuan
Agong on the advice of the Prime Minister. Senators must be 30 years or above, and
are appointed to a three-year term for a maximum of two terms.
8.

The dissolution of the Parliament does not affect the Dewan Negara.

9.
Members of Parliament are also forbidden from criticising the Yang di-Pertuan
Agong and judges.
10.
Parliamentary immunity and other such privileges are set out by Article 63 of
the Constitution; as such, the specific exceptions to such immunity had to be
included in the Constitution by amendment after the May 13 incident.

ISSUES IN MALAYSIA
They are so many issues including politic, economy and social. One of the famous
issues was about the Lahad Datu Issue, where we were invaded by the terrorist.
Based on the above opinion by Samuel Yesuiah, what are the valuable
lessons can be learned by Malaysian from this issue.
1.

First, the security of our country needs to be beefed up with better

surveillance. Though we have a large coastal line, our navy should be wellequipped to monitor the entire coastline of the peninsula, Sabah and
Sarawak.
2.
The second and more important lesson is the issue of illegal
immigrants. There are thousands of them in Sabah. The overwhelming
presence of these immigrants should be checked and reduced. Those without
papers and valid documents should be deported. These immigrants are also
involved in crime and other undesirable activities. The government needs to
check this menace.

What are the causes of this incident?

National territorial dispute- The Philippines retains a dormant territorial claim to
eastern Sabah, formerly known as North Borneo,through the heritage of
the Sultanate of Sulu. The basis of this claim is that the dominion of the sultanate
has historically spanned from the Sulu Archipelago into parts of northern Borneo.
Every year, the Malaysian Embassy in the Philippines issues a cheque in the amount
of 5,300 ringgit (US$1710 or about 77,000 Philippine pesos) to the legal counsel of
the heirs of the Sultan of Sulu in keeping with the terms of an 1878 agreement.
Malaysia considers the amount an annual cession payment for the disputed state,
while the sultans descendants consider it rent.Malaysia, however, has
categorically rejected any Philippine territorial claim to Sabah.

Sulu succession dispute- Another factor behind the standoff is the unresolved
status of the Sultanate of Sulu. The Filipino group in Lahad Datu claims to
represent Jamalul Kiram III as the Sultan of Sulu. However, his status as sultan is
disputed by several other claimants

How the government solves this issue?

1. The Government setting up a (RCI) or opening a white paper to investigate

claims those third parties are behind the terrorist intrusion in Lahad Datu,
Sabah.
2. Government of Malaysia gave the terrorists the opportunity to withdraw, in
conformity with the rules of Islam.
3. Eight policemen and two soldiers have been killed in Sabah following the
intrusion, which prompted the Government to launch an offensive after
negotiations failed. Fifty-six terrorists were also killed. 4.Ops Daulat was
launched by the government.
Election System in Malaysia
National Level

222 member House of Representatives will be elected

General election held at least once every 5 years
First Past the Post system
Form the federal government
Held within 3 months after dissolution of Parliament
State level

Representatives of State Legislative Assembly will be elected

State assembly are smaller that the Parliament Constituencies

Can decide when to hold its election

First Past the Vote system

Form the state government

Nomination Process and Nomination Day

Sets up many locations

Parliamentary seats and state assembly seat need to pay deposits

Agreements of election laws are paid by using deposits

Nomination day is fixed by the EC

Campaign

Start after completion of the nomination process

End at 12am before the polling day

Distribution of pamphlets

Posters

Closed- door talks

Public demonstrations

House to house surveying

System of Elections

Multi-party political system since 1975

First Past The Post System

Registration of electors

Malaysian citizen
Not disqualified
Less than 21 years old on the qualifying date
Resident in any election constituency in Malaysia

Disqualification

If any rules are not obeyed, the elector will be disqualified.

Revision of electoral role

Carried out throughout the year

State Election Offices, Election Commissions Headquarters, and Commissions mobile

teams or Post Offices

Displayed for 7 days for claim and objection through public enquiry
Qualification of candidate

Not less than 21 years old on nomination day

Malaysian citizen and resident of the country

Resident of the state when contesting a state seat

Polling day

The day that electors could cast their votes

Permission to enter Polling Station

Identity card

Electors whose names appear in the complementary electoral rolls or the principal
electoral roll

Certain officers are allowed to enter

Polling Agent

Candidate can appoint one polling agent

Ensure the voting is carried out in accordance with the relevant laws and regulations

Commission election booth

Candidate is not allowed to open an election booth at every polling centre

Election booth is set up

How to vote?
Marking the ballot paper with a sign "X" against the name of the candidate of his choice.
Insert it in the ballot box provided.
Two papers are marked for simultaneous elections (House of Representatives and State
Legislative Assembly)

Folded and inserted in separate boxes marked "PARLIMEN" and "NEGERI"

Postal voting

Election petition

Results of election can be challenged in court

Election petition may be presented to the High Court Judge within 21 days
Return of election expenses

A candidate is entitled to incur expenses in the conduct of the election but not in excess
of
a)
RM200,000 for House of Representatives b) RM100,000 for State Legislative
Assembly

STORAGE AND DISPOSAL OF ELECTION DOCUMENTS

Storage of the ballot papers and other relevant documents.
Placed in a special box or boxes and securely sealed in the presence of the agents of
the candidates.

Kept for a period of 6 months in the safe custody of the Returning Officer

The boxes are only to be opened, in cases of petition, under the order of a High Court
Judge.

After 6 months the Returning Officer, on obtaining permission from the Election
Commission, will destroy the ballot papers and documents.

The Returning Officer will submit to the State Elections Officer the certificate of disposal.

ELECTION DAY

Voters cast their vote

Schools and community centre

Holidays will be given in states

Certain parties will provide transport.

Campaigning on the Election Day or advocacy for candidates is not allowed within the
voting centre

one agent per voting centre

Counting and announcement of election results

Agents will check the ballot boxes prior to opening and counting.
ensure that the total ballot is the same as the cast votes.
Agents will check that all the serial number matches up
Transported to the counting centre for a second count.
Announced through live broadcast by the radio, television or even the internet

Election offences

Provide food, drinks and refreshments

Provide monetary rewards

Threaten a person
Obstruct passage to and from a voting centre
Provide transportation to a voting centre
Not allowed to spend more than RM 200,000 (parliamentary) or RM 100,000 (state) for
campaigning
Conclusion

Good in view of the enactment of various laws and regulations

Ensure free and fair elections as well as transparency of the process.

Ensures a speedy declaration of the election results.