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Transcript of 1 A Group of Caring Malaysians coming together because we believe: Break0: Sepuluh Tahun Sebulum...
1
A Group of Caring Malaysians coming together because we
believe:
Break0: Sepuluh Tahun Sebulum Merdeka (35min22sec)
IT STARTED IN 1946 !
Press Briefing on Electoral
Reform
Together we can make a DIFFERENCE
To educate, To empower, To mobilize, To act
HOUSE-KEEPING
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• Mobile phone to silent mode,
• Introduction,
• Stickers,
• Programme: Overview, problems,
solutions.
3
4 Questions
I. Where are we?
II. How did we get here?
III. Where are we headed?
IV. How can we make it better?
PHILOSOPHY
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I. Free and Fair Elections (FAFE)
II. Two-Party State System
III. Educate & Empower Malaysians
IV. Action
V. Reduce Corruption
5 OBJECTIVES
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I. Independent EC to implement FAFE
II. Fair Electoral Laws & Regulations
III. Balanced Seat Size – reduce malapportionment
IV. Reduce Gerrymandering
V. Informed Electorate – Voter Education
VI. Take ownership of electoral process – PACABA
6 PREREQUISITES
Areas where Parliament can interfere with or control the EC
EC supposed to manage elections independently and fairly
Art. 32
Art. 44
Art 43
Art. 46Art. 45
Art. 113
Art. 114
Art. 40
Art. = Article
Management of elections
Art. 113
Articles 46, 113 – 119:46: Composition of House of Representatives,113: Conduct of elections,114: Constitution of EC,115: Assistance to EC,116: Federal Constituencies,117: State Constituencies,118: Method of challenging election,118A: Method of questioning election petition of no return,119: Qualifications of electors,
Elections Act 1958 (Act 19): EA,Election Offences Act 1954 (Act 5): EOA,Election Commission Act 1957 (Act 31): ECA,
Elections (Conduct of Elections) Regulation 1981: COE,Elections (Registration of Electors) Regulations 2002: ROE,Elections (Postal Voting) Regulations 2003: PV,New: Elections (Advance Voting) Regulations 2012: AV
Art. 114
Members and staff
Federal Constitution Art. 114:Chairman,Deputy Chairman,5 Members
Elections Act 1958 (Act 19): EAS3. Appointment of officers:Secretary, Deputies & Assistants,State Election Officers & Deputies,Returning officers & assistants,Enforcement officers & assistants,
S8. Chief Registrar of Electors, Deputy & assistants,Adjudicating officers
Elections (Conduct of Elections) Regulation 1981: COER12. Presiding officers & assistants,R12A. Other officers & staff
All ex-civil service!
All from the Federal Government through PSC!
Is there a conflict of interest?
Functions of Election Commission
• Redelineation of electoral boundaries,• Registration of electors,• Conduct of elections
Redelineation of electoral boundaries
Federal Constitution Articles:• Art. 46. Composition of House of
Representatives: Fixed by Parliament – 222 elected members. Require 2/3 majority to amend.
• Art. 113. Conduct of elections,• Art. 115. Assistance to EC: EC shall seek advice
of 2 Federal officers on topography and population distribution, selected by Agong,
• Art. 116. Federal Constituencies in accordance with Thirteenth Schedule – Provisions relating to delimitation of constituencies,
• Art. 117. State constituencies – 576 nos.
Redelineation of electoral boundaries
Key points:• Art. 113. Conduct of elections:(2)(ii) Review of constituencies: not less than 8 years and to be completed within 2 years,(3) If new territories added under Article 2, EC can choose to review in less than 8 years (one way to reduce the time interval).
Note: Previously there was an upper time limit of 10 years between reviews. This limit has been removed.
Redelineation of electoral boundaries
Abuse:• Gerrymandering,• Malapportionment.
A. GERRYMANDERING
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Four evenly matched districtsRedrawing of boundaries to give three-district advantage to Party 2
All districts produce an even votingratio for each party
District A,B,C votes 90% for Party 2District D votes 90% for Party 1
Party 1 Party 2SOURCE: http://www.comprofessor.com/2010/10/gerrymandering-through-corporate.html
2
2
22
2
2
2
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1
1
1
1414
Gerrymandering: Selangor ConstituenciesSame DUN but
separated by land and sea
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N45 SELAT KELANGSame DUN but
separated by land and sea
Island
Island
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Yellow segment is parked under N41 instead of N40!
Example of Gerrymandering:
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MALAPPORTIONMENT
Credit to: Ng CN
Average seat: 49,199 voters
Most small seats are BN blue
Most large seats are PR red
6,608
112,224
17 x Putrajaya
DESIGN: 1st 112 seats: 1.85 million.2008, BN contested 140 seats to win 112 seats. 2.08 million votes required (19%).
Total voter population: 10,922,140Total Parliament seats: 222Simple majority: 112 seats
Do you agree for 2 million to decide for 28 million?
Associate Prof Tey Tsun Hang: Impossible obstacle! Download: SPR: M'sia's electoral system: Govt of the people? 18
19
Parliament 222 seats. Simple majority = 112 seats
Total voter population 10,922,140
Registration of electors
Elections Act 1958 (Act 19): EAS8. Chief Registrar of Electors, Deputy & assistants,Adjudicating officers.Regulations:Elections (Registration of Electors) Regulations 2002: ROE,Elections (Postal Voting) Regulations 2003: PV,
NRD Database?
Electoral Roll
Postal Voter Roll
Problems: Phantoms, mal-allocation, difficulties in registering as voter, overseas Malaysians deprived of voting privilege
Management of elections
Elections Act 1958 (Act 19): EAS3. Appointment of officers:State Election Officers & Deputies,Returning officers & assistants,Enforcement officers & assistants,
Election Offences Act 1954 (Act 5): EOA
Elections (Conduct of Elections) Regulation 1981: COER12. Presiding officers & assistants,R12A. Other officers & staff
Elections (Postal Voting) Regulations 2003: PV
Long history of complaints of abuse of power.
22
HISTORICAL RESULTS !
YearAlliance Party/BN* Opposition Total
seatsSeats % seats % vote Seats % seats % vote
1959 74 71.15 51.7 30 28.85 48.3 104
1964 89 85.58 58.5 15 14.42 41.5 104
1969 95 65.97 49.3 49 34.03 50.7 144
1974 135 87.66 60.7 19 12.34 39.3 154
1978 130 84.42 57.2 24 15.58 42.8 154
1982 132 85.71 60.5 22 14.29 39.5 154
1986 148 83.62 55.8 29 16.38 41.5 177
1990 127 70.55 53.4 53 29.45 46.6 180
1995 162 84.38 65.2 30 15.62 34.8 192
1999 148 76.68 56.5 45 23.32 43.5 193
2004 198 90.41 63.9 21 9.59 36.1 219
2008 140 62.61 52.2 82 36.93 47.8 222
Party B Party PPolitics
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Analysts never consider cheating, greed & fear !
B66%
???19%
P15%
Before 1999, Parliamentary Seats
B from UMW (26%)
Min seats: P - 15%, B - 66%!
Actual support for B 40%.
Balance 26%: SPR Bias including gerrymandering, intimidation, malapportionment , postal votes, vote buying & cheating.
Does SPR Bias really affect 26%? Without data, it’s anybody’s guess. You can choose any no. you like.
B40%
SPR Bias 26%
Non-level playing field
24
What can We do?
For that, we need:• BERSIH 2.0, or 3.0• Electoral Reform• Polling Agents!
SPR Bias 20%: How can we reduce it?
B40%
SPR Bias20%
???15%
P 25%
Parliamentary Seats - Future
We estimate that support for B is 40%, P 25%, Undecided 15%.And SPR Bias is 20%!
Please note: This is just a guess.
Free and Fair Elections!
That’s where we come in!