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1 Mobile phone to silent mode, Introduction & Stickers, Outline of Programme and Duration, Expected results, Register, Scribe for FAQ & Feedback form,

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Presentation on theme: "1 Mobile phone to silent mode, Introduction & Stickers, Outline of Programme and Duration, Expected results, Register, Scribe for FAQ & Feedback form,"— Presentation transcript:

1 1 Mobile phone to silent mode, Introduction & Stickers, Outline of Programme and Duration, Expected results, Register, Scribe for FAQ & Feedback form, Time-keeper.

2 2 Understanding the Electoral System !





7 7 1.First Past The Post (FPTP) 6m 31s First Past The Post First Past The Post 2.The Alternative Vote (AV) 4m 27s The Alternative Vote The Alternative Vote 3.Mixed Member Proportional Representation (MMPR) 4m 38sMixed Member Proportional Representation 4.Abuse: GERRYMANDERING 5m 27sGERRYMANDERING ELECTORAL SYSTEMS

8 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 8

9 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, Art. 114 9

10 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? 10

11 Functions of Election Commission Redelineation of electoral boundaries, Registration of electors, Conduct of elections 11

12 ELECTORAL CONCEPT Database: Electoral Roll Pre-polling: Inventory Control. Check ballot papers Polling: Paper flow management Post-polling: Stock take & Closing Statement. Count ballot 12

13 13 Results of not paying attention: Ruling Party enjoyed 2/3 majority for more than 50 years. Consequences: >700 Constitutional amendments since 1957. Compare with US, 236 years old: Only 27 Constitutional amendments. Answer: You have to avoid a 2/3 majority to prevent too much power in the hands of the Ruling Party.

14 14 A.Gerrymandering, B.Malapportionment, C.Keep rural voters poor & isolated, D.Abuse of GOVT Machinery!

15 21-06-1962, Constitutional Amendment: Article 116: Safeguard to maintain voter difference to less than 15% removed. Clauses (3), (4) and (5): Clauses were repealed by Act 14/1962, sub- section 22 (c) – before Malaysia was formed ! Source: (page 197): protrav/---ilo_aids/documents/legaldocument/wcms_125966.pdf protrav/---ilo_aids/documents/legaldocument/wcms_125966.pdf WHEN DID IT START ? 15

16 16 “(3) Constituencies shall be allocated to the several States in such manner that the electoral quota of each State is as nearly equal to the electoral quota of the Federation as it can be without causing undue disparity between the population quota of that State and the population quota of the Federation. BEFORE AMENDMENT

17 17 (4) Each State shall be divided into constituencies in such manner that each constituency contains a number of electors as nearly equal to the electoral quota of the State as may be after making due allowance for the distribution of the different communities and for differences in density of population and the means of communication; but the allowance so made shall not increase or reduce the number of electors in any constituency to a number differing from the electoral quota by more than fifteen per cent.

18 18 (5) In this Article— (a) “electoral quota” means the number obtained by dividing the number of electors in the Federation or a State by the total number of constituencies or, as the case may be, the number of constituencies in that State; (b) “population quota” means the number obtained by dividing the population of the Federation or of a State by the total number of constituencies or, as the case may be, the number of constituencies in that State;

19 19 and for the purposes of this Article the number of electors shall be taken to be as shown on the current electoral rolls and the population as counted at the most recent census.”. Clauses 3, 4 and 5 were removed by a Constitutional amendment on 21.02.1962

20 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. 20

21 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. 21

22 22 Parlimen Dewan Undangan Negeri DUN Daerah Saluran Daerah Polling Centre

23 23 Four evenly matched districtsThree seat advantage for Party 1 All districts show an even voting ratio for each party 3 districts vote 90% for Party 1 1 district votes 90% for Party 2 Party 1Party 2 SOURCE: Bukit Badak Padang Rempit Pulau Giling Kota Tempurung Bukit Badak Padang Rempit Pulau Giling Kota Tempurung

24 24 N45 SELAT KELANG Same DUN but separated by land and sea Island

25 25 Yellow segment is parked under N41 instead of N40! Example of Gerrymandering:

26 26 Credit to: Ng CN BN – 62 seats, 0.68M votes (28% seats, 6.2% popular votes) PR – 0 seats BN – 112 seats, 2.06M votes (50.4% seats, 18.9% popular votes) PR – 27 seats B. MALAPPORTIONMENT Something is seriously wrong when a party secures 50.4% of the seats with less than 19% of the popular vote!

27 27

28 28 Easy to threaten & bribe In politics, nothing happens by accident! Mini break: Environmental Disaster! Kapit, Rejang River 2011

29 29 Use of Government machinery and control of social, business and information networks to suppress the people

30 With a 2/3 majority, Govt can increase Sarawak seats to 50 and reduce Selangor seats to 10. Federal Constitution Article 46 sets the Composition of the MP’s at 222 nos. Amendment to the Composition requires 2/3 majority in Parliament. Must wait 8 years but no maximum period, after last redelineation exercise (Mar 2003). 30 Do you understand the dangers of giving a Ruling Party too much power? Fundamental error: Base on voter population, not on general population!

31 DESIGN: 1 st 112 seats: 1.85 million. 2008, BN contested 139 seats to win 112 seats. 2.06 million votes required (19%). Total voter population: 10,922,140 Total Parliament seats: 222 Simple majority: 112 seats Is it correct 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? 31

32 32 Parliament 222 seats. Simple majority = 112 seats Total voter population 10,922,140

33 The smallest 112 seats come from: Sabah, incl Labuan: 26, Sarawak: 25, Johor: 13, Perak: 12, Pahang: 8, (Peninsular Malaysia: 61) Only for 2/3 majority, the non-Bumis have a say For GE 12 (2008), Sabah/Labuan contributed 26 & Sarawak 25 to BN’s 112 smallest seats, meaning they are the King-makers, not just fixed deposit! 33 Question: Who decides for a simple majority? Rural Bumis !

34 Credit to: Ng CN A = Average voter/constituency 49,119 34

35 35 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

36 36 Analysts talk about this scenario! Sublimal message: Be non-partisan. The fence-sitters decide the elections! Applicable to votes, not seats!

37 37 IS THIS WHAT WE ARE GETTING? Level Playing Field?

38 38 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, it’s anybody’s guess. You can choose any no. you like. B 40% SPR Bias 26% Non-level playing field

39 39 Min seats: P - 15%, B - 66%! 2. Lack of competent polling agents. B 40% SPR Bias 26% 3: Trojans! Polling agents who are bought over. THREE SIGNIFICANT FACTORS 1. SPR Bias

40 40 Mar 2008: For the first time in history, people believed that change was possible! Then came Perak Govt coup-de-tat! Frogs! Sodomy II People are now fed-up with politics! 916 fiasco Sombong & incompetent YB’s

41 41 Mar 2008: For the first time in history, people believed that change was possible! Would your vote have made a difference?

42 42 Mar 2008: What if ? With 3,134 votes, you can help to give Party B a 2/3 majority! Would you have voted? How would you have voted? 3,134 votes

43 43 Mar 2008: What if ? 56,842 votes can bring Party P to Putrajaya! Would you have voted ? How would you have voted ? 56,842 votes

44 44 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! That’s where we come in!

45 45

46 46 SPR: “The job of the SPR is to ensure that the Malays (under UMNO) do not lose political power.” (PAS & PKR don’t have Malay?) iew/18775/84/ Year 2000: If we abolish the postal vote system then not a single Minister would be able to retain his or her seat.

47 47 What do We need? A national contest requires about 340,000 polling agents! Can you be a PACABA?

48 Tindak Malaysia ’s goal is to ensure the Election Commission perform their duties fairly and professionally ! Elections should be free and fair. (Elections Act S 5 (1a)) EC has to enjoy public confidence. (Federal Constitution Article 114) Community service voter education PACABA Training Caring Malaysians: Community service through voter education and PACABA Training. 48 FURTHER ACTION

49 election laws politically-neutral Our training is based on the election laws and is politically-neutral. We are pro-Rakyat and accept any party that is voted in freely and fairly. There must be check and balance. No one party should hold too much power and for too long Register at 49

50 Our Electoral System is deeply-flawed, The Election Commission and their staff should not come from the civil service. They should be replaced by members of civil society so that we have a better chance to ensure Elections are Free and Fair ! We have proposed more than 100 amendments to the election laws and regulations to the PSC. 50

51 That brings us to the end of PACABA 0.3 Malaysia Electoral System The next part will be PACABA 0.4 Why Vote? Please join our movement. Go to Click at the top yellow banner to go to pacabatraining site to sign up with Tindak Malaysia and be trained as a Thank you for listening. Together, we can make a difference ! Email: 51

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