1. 1 A Group of Caring Malaysians coming together because we believe: Break0: Sepuluh Tahun Sebulum Merdeka ( 35min22sec)Sepuluh Tahun Sebulum Merdeka IT STARTED IN 1946 ! Press Briefing on Electoral Reform DIFFERENCE Together we can make a DIFFERENCE To educate, To empower, To mobilize, To act

2. 2 Mobile phone to silent mode, Introduction, Stickers, Programme: Overview, problems, solutions.

3. 3 4 Questions I. Where I. Where are we? II. How II. How did we get here? headed III. Where are we headed ? better IV. How can we make it better ? PHILOSOPHY

4. 4 I. Free and Fair Elections (FAFE) II. Two-Party State System III. Educate & Empower Malaysians IV. Action V. Reduce Corruption 5 OBJECTIVES

5. 5 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

6. 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. 46 Art. 45 Art. 113 Art. 114 Art. 40 Art. = Article

7. 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

8. Members and staff Federal Constitution Art. 114: Chairman, Deputy Chairman, 5 Members Elections Act 1958 (Act 19): EA S3. 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: COE R12. Presiding officers & assistants, R12A. Other officers & staff All ex-civil service! All from the Federal Government through PSC! Is there a conflict of interest?

9. Functions of Election Commission Redelineation of electoral boundaries, Registration of electors, Conduct of elections

10. 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.

11. 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.

12. Redelineation of electoral boundaries Abuse: Gerrymandering, Malapportionment.

13. 13 Four evenly matched districts Redrawing of boundaries to give three-district advantage to Party 2 All districts produce an even voting ratio for each party District A,B,C votes 90% for Party 2 District D votes 90% for Party 1 Party 1 Party 2 SOURCE: http://www.comprofessor.com/2010/10/gerrymandering-through-corporate.html 2 2 2 2 2 2 2 1 1 1 1 1

14. 14 Gerrymandering: Selangor Constituencies Same DUN but separated by land and sea

15. 15 N45 SELAT KELANG Same DUN but separated by land and sea Island

16. 16 Yellow segment is parked under N41 instead of N40! Example of Gerrymandering:

17. 17 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

18. DESIGN: 1 st 112 seats: 1.85 million. 2008, BN contested 140 seats to win 112 seats. 2.08 million votes required (19%). Total voter population: 10,922,140 Total Parliament seats: 222 Simple 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?SPR: M'sia's electoral system: Govt of the people? 18

19. 19 Parliament 222 seats. Simple majority = 112 seats Total voter population 10,922,140

20. Registration of electors Elections Act 1958 (Act 19): EA S8. 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

21. Management of elections Elections Act 1958 (Act 19): EA S3. 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: COE R12. Presiding officers & assistants, R12A. Other officers & staff Elections (Postal Voting) Regulations 2003: PV Long history of complaints of abuse of power.

22. 22 HISTORICAL RESULTS ! Year Alliance Party/BN*Opposition Total seats Seats % seats % voteSeats % seats % vote 1959 7471.1551.73028.8548.3104 1964 8985.5858.51514.4241.5104 1969 9565.9749.34934.0350.7144 1974 13587.6660.71912.3439.3154 1978 13084.4257.22415.5842.8154 1982 13285.7160.52214.2939.5154 1986 14883.6255.82916.3841.5177 1990 12770.5553.45329.4546.6180 1995 16284.3865.23015.6234.8192 1999 14876.6856.54523.3243.5193 2004 19890.4163.9219.5936.1219 2008 14062.6152.28236.9347.8222 Party BParty P Politics

23. 23 Analysts never consider cheating, greed & fear ! 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, its anybodys guess. You can choose any no. you like. B 40% SPR Bias 26% Non-level playing field

24. 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? 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! Thats where we come in!