The National Institute of Electoral Integrity (NIEI) welcomes the government’s decision to withdraw the controversial 2012 Election Offences Amendment Bill.

NIEI take note that the Bill have drawn criticism on the hasty tabling of the Bill in Dewan Rakyat as well as weak provisions due to lack of consultation and further study.

NIEI hereby state that the 2012 Bill was indeed drawn up short of critical inputs and best practices in terms of Election Offences and its procedures due to the hasty decision hence raising a bigger concern on the progress and implementation of the Recommendations made by the Parliamentary Select Committee on Electoral Reform (PSCER).

NIEI is of the position that the post PSCER implementation is indeed unclear as there lacks a proper monitoring and oversight mechanism. The lack of clear process, timeline and specific recommendation could undermine the electoral reform process should this lack of post PSC process remain unaddressed.

NIEI hereby call on the Prime Minister to make the Parliamentary Select Committee on Electoral Reform to act as a taskforce and monitoring agencies on the prescribed reforms and proper monitoring on the process of implementation on the PSCER recommendation with clear and specific timeline. We also seek for relevant NGOs to be made Consultative partners to the Select Committee to view and implement the reforms according to the principle of free and fair election.

NIEI is also of the position following the Electoral cycle approach as we prescribe that reform is a continuous process and the government and agencies involved must look into examples of best practices and reform procedures and other critical areas regularly. This position is vital in terms of prescribing working mechanism and procedures based in a transparent and objective manner.

The Select Committee is an important feature in terms of the growing public interest and concern over electoral reforms in Malaysia that requires a special body to be the guide and oversight over the reform process that requires greater inclusive and transparent mechanism.

……………………

K.Shan

Acting Chairperson,

NATIONAL INSTITUTE FOR ELECTORAL INTEGRITY (NIEI)

The National Institute for Electoral Integrity (NIEI), Center for Independent Journalism and Merdeka Center have recently concluded its national voter registration audit to improve the quality, transparency and integrity of the election process.

In the following interview, K Shan, acting chairperson of NIEI talks about the following:

- how the electoral roll fares, according to the audit

- why NIEI is recommending to abolish the ouster clause Section 9A of the Election Act 1958

- why there is a perceived lack of confidence in the electoral roll and EC

- the problem of unidentified addresses and how this affects voters and the electoral process

- effect of historical drift on the electoral roll

- weak voter transfer mechanism and outsourcing of voter registration

- voter attitudes towards registration and checking of electoral roll

- learnings from the audit and recommendations to clean up the electoral roll

- proposals for database departments within local municipal councils

NIEI views that the PSC Report contains few positive long term general recommendations. While key issues pertaining to the voter registration process and the electoral roll have been noted, the Report lacks specific short term recommendations to address the key concerns that the very same Committee has raised in the Report.

We are of the view that the current concern and development in addressing the allegations of irregularities in the Electoral Roll requires an urgent and more comprehensive reform with clear and specific recommendations. We are of the view that there is a growing negative perception on the Voter Registration and on the Election Commission that have created a major crisis of confidence in our electoral system.

To address this crisis, it is fundamental for a total reform in the structure and composition of the Election Commission as well as to include legal accountability for parties to seek redress on the irregularities in the electoral roll.

NIEI on 30th of March made its recommendations on the reform of the electoral roll and on the Election Commission based on an audit conducted on the voter registration by the Merdeka Center. The recommendations among other;

1) To abolish the ouster clause Section 9A of the Election Act 1958 that prohibit judicial scrutiny on the electoral roll immediately with a view to strengthen check and balance on the integrity of electoral roll in an free, open and fair judicial process.

2) To amend the Election Act 1958 to allow for full gazette of the Electoral Roll and ensure that the Electoral Roll be disseminated via multiple means including the internet and to be made available for public inspection with a clear 14 days notice for objection through a Voter Information Notice. The Notice shall be posted in each locality in every public place and a personal notice via post to be sent to all senior citizens and disabled persons. The announcement of the notice, as in the location of the pasted notice and the time line and procedure of protest must be announced in the local newspaper and media within a reasonable time.

Please visit www.niei.org.my  for the full report for further reference.

NIEI is of the view that the PSC report should not be the single and final document of reference in addressing the current concerns and prescribing reforms. We believe that all other reports and studies should be referred to as a parallel guiding document to facilitate the reforms necessary.

We hereby call upon the Prime Minister, in view of the impending general election, to implement the recommendations mentioned above and initiate steps to implement all other recommendations made in the Audit report and the PSC report and postpone the election until these reforms are put in place.

K.Shan
Acting Chairperson
NIEI

KUALA LUMPUR, April 3 — Parliament’s panel on electoral improvements failed to make specific recommendations on how to clean up the electoral roll, a polls reform group said today.

The National Institute for Electoral Integrity (NIEI) said in a statement today that “while key issues pertaining to the voter registration process and the electoral roll have been noted, the report lacks specific short-term recommendations to address the key concerns that the very same committee has raised in the report.”

“The current concern and development in addressing the allegations of irregularities in the electoral roll requires an urgent and more comprehensive reform with clear and specific recommendations.

“There is a growing negative perception on voter registration and on the Election Commission that has created a major crisis of confidence in the electoral system,” the group’s acting chairman K. Shan said.

The bipartisan Parliamentary Select Committee said in its report made public today the Election Commission (EC) must prioritise efforts to ensure the electoral roll is clean and free from manipulation.

The panel also suggested the formation of a Parliamentary Select Committee to continuously monitor and oversee all efforts in cleaning up and revising the voter registry.

The recommendations come on the heels of repeated allegations by opposition lawmakers and civil society groups like Bersih 2.0 of manipulation in the current electoral roll, including the existence of duplicate voters and a suspicious surge of new voters in numerous constituencies.

The EC has also insisted it has no legal powers to remove names from the electoral roll once gazetted without the permission of voters or the event of death.

The bipartisan nine-member polls reform panel was mooted by Datuk Seri Najib Razak last year, months after his administration earned widespread criticisms for its handling of Bersih’s rally for free and fair elections on July 9.

NIEI had last week said Putrajaya should set up a Database Department with branches in each local council authority to help sign up eligible voters and act as the primary registrar tasked with maintaining and managing the electoral roll.

It said this was necessary as the EC has so far not been able to maintain an up-to-date electoral roll due to rapid as well as repeated changes in address and voting location by an increasingly mobile workforce.

The Malaysian Insider also reported today Bersih is expected to hold a third rally for free and fair elections this month over the alleged failure of the polls panel to resolve key issues and pander to Bersih’s earlier demands ahead of the coming polls.

PETALING JAYA: Media personnel should be given the option to choose if they want to vote as postal voters or cast their ballots on polling day at their respective constituencies, said the National Union of Journalists (NUJ).

“Journalists must have that option,” said the union’s general secretary V Anbalagan in reaction to the Parliamentary Select Committee (PSC) on electoral reforms recommendation that journalists be registered as postal voters.

The nine-member PSC had proposed 22 recommendations to improve the electoral process and the matter was tabled in Parliament this morning.

On the proposal which called for equal access in all media organisations, Anbalagan said the broadcast media, especially RTM and BernamaTV, should allocate airtime based on the number of seats a party was contesting.

He added that when there were reports attacking a particular candidate, the candidate must be given air time to explain.

“The candidate has a right to reply and it also avoids defamation suits,” he said, adding that it was now just a matter of implementation.

Overseas voters

On the PSC’s proposal regarding Malaysian voters abroad, Andrew Yong from My Overseas Vote saw no problem with returning home once in five years to vote.

“But we are afraid that this may give the Election Comission an excuse to delay the process of Malaysians overseas to vote. The EC even has trouble locating deaths within the system, how are they going to keep track when the numerous Malaysians come back (at different periods),” he said.

The PSC recommended that Malaysians overseas be allowed to cast their votes through Malaysian diplomatic missions or by post.

As for the proposal for Malaysian Institute of Microelectronic Systems (MIMOS) to assist in cleaning up the electoral roll, the EC was blamed for causing confusion over the applications with regard to ordinary voters and absentee voters.

“Displaying both the applications is the right process,” said acting director of National Institute for Democracy and Electoral Integrity (NIEI) K Shan.

“There is a misunderstanding of the processes. The EC should have addressed this from before. Make it clear what the processes are without having so many parties highlighting numerous irregularities,” he added.

Shan also questioned the accuracy of the MIMOS report as it was conducted by one party.

In its report to the PSC, the agency had not found any identical MyKad numbers registered to one particular individual.

Election commissioners should step down

Election watch dog Tindak Malaysia meanwhile demanded EC office bearers to step down since they lacked willpower to carry out their duties.

“If they think they are not capable of carrying out their duties, then do the honorable thing. Step down,” said Tindak Malaysia representative, Wong Piang Yow.

He said this in response to recommendations made by the PSC on electoral reforms that a law be studied to empower the EC to remove legitimate voters’ name from the master voters’ list or to transfer a voter based on complaints and evidence.

He also queried the need for a new law for EC to have more bite to remove dubious voters’ names from the voters roll. The group sees the move as a waste of time.

“Why create new laws when the EC already has the power under existing laws and regulations?” asked Wong.