malaysian studies chapter 3

8/9/2019 Malaysian Studies Chapter 3

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1

CHAPTER THREE:

ParliamentaryDemocracy

Rabiha 2011



Election Commission

Rabiha 20112

• Was set frst ormed on 4 September 1957 throuh!rticle 11" # 114 o the Constitution o the $ederation o%ala&a'

• (he Constitution pro)ided or the appointment o aChairman and three members'

• *n 19+1, !rticle 114 o the $ederal Constitution -asamended to pro)ide or the appointment o a .eput&Chairman'



3

(he main unctions o theCommission/

1

Conduct

$ederal andState

elections

2

repare and

re)iseelectoralrolls or

elections

3Recommen

dalterationsto $ederaland State

Constituenc

ies

Membership of theEC

(he ElectionCommission has se)en

members'

(he& are appointed b&the an diertuan

!on 3.!, actinon Cabinet ad)ice,ater consultin the

Conerence o Rulers'

*n main suchappointments, the

.! must tae intoaccount the

importance o ensurin

that the Commissionen6o&s public

Secrity of Tenre

(o enhance the independence o theCommission, its members cannot be remo)edecept on eceptional rounds, such as

infrmit& o mind' *n addition, theirremuneration and other terms o appointment

Election Commission3!rticles 11" and 114



Re)ie-**

3(o tae nomore than 2

&ears

!

Re"ie# of $e%eral an% State Constitencies

(he EC has the discretion to conduct re)ie-s o constituenciesand recommend chanes'

Re)ie-*

3(o tae nomore than 2

&ears

(here must be at least &years bet-een the end of

one review and the start of

the next

8uidin rinciplesConsiderations or Re)ie- oConstituencies

3(hirteenth Schedule, ara 2

Constituenciesshould not cross

Stateboundaries

Stateconstituencies

should not crossederal

constituencies

!)ailabilit& oadministrati)eacilities -ithin

eachconstituenc& orreistration and

)otin

:umber o

)oters in eachstateconstituenc&

should beapproimatel&

e;ual, -ith-eihtae orarea in respect

o ruralconstituencies

(heincon)eniencesarisin rom thealteration and

themaintenance o

local ties

Re)ie- o Constituencies3!rticles 11", 11< and 117



(&pes o Elections

Rabiha 2011'

(eneral Election

*s held once e)er& f)e &ears'Can be held beore the term is up'

.! must dissol)e the arliament on the ad)ise or at the re;uest o therime %inister'

State le)el= Ruler or an di ertua :eeri dissol)e at the re;uest o the%enteri >esar or Chie %inister'

%ust be held <0 da&s in West %ala&sia # 90 da&s in Sabah and Sara-a'

)y*election

*s held at the death o a representati)e or member o the State ?eislati)e

!ssembl& or %ember o arliament or,

* there is a )acant seat because o absenteeism rom meetins or a fedperiod o time'

Can be done i the result o an election is illeal ater a chare has beeno@ciall& made ollo-in rules and reulations'



+

! citiAen ma& )ote in an election i he orshe/

Ho# to Re,ister-$or inormation on

ho- to reister as a)oter, please )isit

http/

---'spr'o)'m&

Electors3!rticle 119

! e

*s 21 on the;uali&in

date

R e s i d

e n c &

*s resident in aconstituenc& or,

i not a resident,is an absent)oter

R e i s t

r a t i o n

*s reistered inthe electoral roll

as an elector intheconstituenc& in-hich heresides on the;uali&in date

Buali&indateD means the

date on -hichthe personapplies or

reistration as a)oter

B!bsent )oterDmeans an& citiAen

-ho is reistered asan absent )oter or a

constituenc&

http://www.spr.gov.my/






.is;ualifed )oter

Rabiha 2011.

• * the person is ound or pronounced to be not o sound mind'• * the person is a banrupt and has &et to be released'• * the person holds a salaried post'• * the person ails to send his statement o epenses or the

arliamentar& o State ?eislati)e !ssembl& electioncandidate or representati)e -ithin "" da&s ater theannouncement o the election result'

• * a person has been ound uilt& or a criminal oence b& an&court in the $ederation and has been sentenced toimprisonment or not less than a &ear or fned not less thanR%2000 and has not recei)ed pardon'

• * a person deliberatel& obtain orein citiAenship or

deliberatel& used orein citiAenship or pleaded alleiance toan& orein countr&'• * the person has been ound uilt& o an oence related to

elections'



Fn the ;uali&in date he is held as aperson -ho does not ha)e a ull& sound

mind or is carr&in out a 6ail sentence'

! person is ound uilt& and is imposed thedeath sentence or 6ail eceedin 12months in an& Common-ealth countr&'

E)en i a citiAen satisfes the conditions abo)e,

there are t-o matters that can bar him rom)otin' (he& are/



E?EC(*F: RFCESS

Rabiha 201110

:omination.a&

Campainin

Gotin .a&

Gote

Countin

!nnouncem

ent o Result



• Reers to the da& that is set b& theEC or candidates to submit theirnomination papers to the %anain

F@cer in order to contest theelections'

• (he nomination papers can be

submitted b& the candidates ,proposers and supporters or eitherone o them'

omination Day



• Start onl& ater the nomination process has been completedand must be stopped at 12 midniht the da& beore theelections da&'

• (o ensure smoothness o the election, the EC has theauthorit& to appoint an Enorcement F@cer and orm one ormore Enorcement (eams in e)er& arliamentar& electorate ,i deemed necessar&'

• (he Enorcement F@cer is responsible to the %anainF@cer and the dut& o the team is to monitor campainmaterials, election speeches and public assemblies' (his is toensure that the pro)isions under the la-s and reulations othe Elections are not )iolated'

Campai,nin,



Campai,nin,

osteramphle

ts

ublic

speeches

.oor todoor

Manifestos

arliamentar&

• R%10 000

State

• R%5000



/otin, Day

The EC normally #ol% annoncethe follo#in, matters:

.ate or )otin

ollin station

(ime or castin )otes at all

)otin centers

?ocation o the )ote countin

and summation



%embers # o@cers o the EC

F@cers appointed b& the EC

F@cers appointed b& the EC

Gote countin clers

Candidates, representati)es and )otecountin aents

/ote Contin,



•

(he %anain F@cer total up all the )otes,includin postal )otes, to determine the-inner'

• (he %anain F@cer or a constituenc& -illdeclare the candidate -ith the ma6orit& as the

elected representati)e o the constituenc&'

1<

F@cial Summation o Gotes



Storae # .isposal o >allot aper

< m o n t h

s



Students stud&in abroad as -ell as

their spouses

8o)ernment o@cials ser)in abroad

Election -orers

%embers o the police orces

%embers o the !rmed orces

Postal /oter



>riber&,threats or

an&misconductthat ma&

6eopardiAethe

elections'

:onconormit&

to theelectionla- and

reulations

Corruptionor illeal

actionscarried outb&

candidatesand aents

Candidateor hisher

aent not;ualifed toparticipate

in theelection'

etition can be made /

D i s 2

a l i 3

e %



A member of the De#an e,ara or De#anRa4yat is %isalie%

if he or she:• is o unsound mind• is an undischared banrupt• holds an o@ce o proft in the public ser)ices, such as a

Hih Court 6ude

• has ailed to lode an& return o election epenses• has )oluntaril& ac;uired a orein citiAenship or declared

alleiance to a orein countr& or eercised rihts ocitiAenship o a orein countr&

• has been con)icted and sentenced to• imprisonment or a term o not less than one &ear or• a Bne of not less than RM250006

.is;ualifcation o %s and Senators3!rticle 4+

malaysian studies chapter 3

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