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A Group of Caring Malaysians coming together because we believe:

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

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A Group of Caring Malaysians coming together because we believe:

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

  2. HOUSE-KEEPING • Mobile phone to silent mode, • Introduction, • Stickers, • Programme: Overview, problems, solutions.

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

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

  5. 6 PREREQUISITES 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. EC supposed to manage elections independently and fairly Art. 44 Art. 32 Art 43 Art. 40 Art. 45 Art. 46 Art. 114 Art. = Article Art. 113 Areas where Parliament can interfere with or control the EC

  7. Management of elections Elections Act 1958 (Act 19): EA, Election Offences Act 1954 (Act 5): EOA, Election Commission Act 1957 (Act 31): ECA, 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, Art. 114 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. 113

  8. Members and staff • 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 Federal Constitution Art. 114: Chairman, Deputy Chairman, 5 Members All ex-civil service! Is there a conflict of interest? • Elections (Conduct of Elections) Regulation 1981: COE • R12. Presiding officers & assistants, • R12A. Other officers & staff All from the Federal Government through PSC!

  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. Redrawing of boundaries to give three-district advantage to Party 2 Four evenly matched districts 2 2 1 1 A. GERRYMANDERING 1 2 2 1 1 2 2 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 2 Party 1 SOURCE: http://www.comprofessor.com/2010/10/gerrymandering-through-corporate.html

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

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

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

  17. MALAPPORTIONMENT 112,224 17 x Putrajaya Average seat: 49,199 voters 6,608 Most large seats are PR red Most small seats are BN blue Credit to: Ng CN

  18. Total voter population: 10,922,140 Total Parliament seats: 222 Simple majority: 112 seats DESIGN: 1st 112 seats: 1.85 million. 2008, BN contested 140 seats to win 112 seats. 2.08 million votes required (19%). 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?

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

  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, Postal Voter Roll Electoral Roll NRD Database? 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. Party B Party P

  23. Analysts never consider cheating, greed & fear ! Min seats: P - 15%, B - 66%! Non-level playing field B 40% Actual support for B 40%. Balance 26%: SPR Bias including gerrymandering, intimidation, malapportionment , postal votes, vote buying & cheating. SPR Bias 26% Does SPR Bias reallyaffect 26%?Without data, it’s anybody’s guess. You can choose any no. you like.

  24. What can We do? We estimate that support for B is 40%, P 25%, Undecided 15%. And SPR Bias is 20%! Please note: This is just a guess. SPR Bias 20%: How can we reduce it? Free and Fair Elections! • For that, we need: • BERSIH 2.0, or 3.0 • Electoral Reform • Polling Agents! That’s where we come in!

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