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Understanding the Electoral System !

MALAYSIA’S ELECTORAL SYSTEM

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POLITICS

SOCIAL

ECONOMICS

FEAR!

SUPPRESSION SURVIVAL

IGNORANCE

GREED!

1Saman1Care: 10% of gross income

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. 46Art.

45

Art. 113

Art. 114

Art. 40

Art. = Article

3

700 x

Public

Confidence

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

4Control by Parliament

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!

Can they be independent? 5

Public

Confidence

Functions of Election Commission

• Redelineation of electoral boundaries,

• Registration of electors,

• Conduct of elections

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ELECTORAL CONCEPT

Database: Electoral Roll

Pre-polling: Inventory Control.

Check ballot papers

Polling: Paper flow management

Post-polling: Stock take & Closing

Statement. Count ballot

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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.

SYSTEMIC DISTORTION

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A. Gerrymandering,

B. Malapportionment,

C.Keep rural voters poor & isolated,

D.Abuse of GOVT Machinery!

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): http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---

protrav/---ilo_aids/documents/legaldocument/wcms_125966.pdf

WHEN DID IT START ?

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57.5% 57.5% 57.5%

50% 50% 50%

42.5% 42.5% 42.5%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

1 2 3 4 5

Upper Limit

National average

Before 21-06-1962: Largest seat size not more than 15% above national average while smallest seat not less than 15% below

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Four evenly matched districts Three seat advantage for Party 1

All districts show an even voting ratio for each party

3 districts vote 90% for Party 11 district votes 90% for Party 2

Party 1 Party 2SOURCE: http://www.comprofessor.com/2010/10/gerrymandering-through-corporate.html

Bukit

Badak

Padang

Rempit

Pulau

Giling

Kota

Tempurung

Bukit

Badak

Padang

Rempit

Pulau

Giling

Kota

Tempurung

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N45 SELAT KELANGSame DUN but

separated by land

and sea

Island

This

island not

included!

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Credit to:

Ng CN

0

20,000

40,000

60,000

80,000

100,000

120,000

1 11 21 31 41 51 61 71 81 91 101 111 121 131 141 151 161 171 181 191 201 211 221

2008 Parliamentary Elections Results

Putrajaya

KaparNumber of voters

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!

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Easy to threaten & bribe

In politics, nothing happens by accident!

Mini break: Environmental Disaster!

Kapit , Rejang River 2011

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Use of Government machinery and control of

social, business and information networks to suppress the

people

With a 2/3 majority, Govt can increase

Sarawak seats to 50 and reduce Selangor

seats to 10. Will they do it?

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).

Do you understand the dangers of giving a Ruling Party

too much power? Applies to Pakatan also! 16

DESIGN: 1st 112 seats: 1.85 million – 17%.

2008: BN contested 139 seats to win 112

seats.

Total Parliament seats: 222

Simple majority: 112 seats

Associate Prof Tey Tsun Hang: Impossible obstacle! Download: SPR: M'sia's electoral system: Govt of the people?

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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!

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Question: Who decides

for a simple majority?

Rural Bumis !

Credit to: Ng CN

020

00

04

00

00

60

00

0

1 4 7

10 13 16 19 22 25

28 31 34 37 40 43

46

49 52 55 58 61

64 67

70 73 76 79 82 85

88 91

94 97

100

103

106

109

112

115

118

121

124

127

130

133

136

139

139 Smallest Constituencies 2008

Sabah

Sarawak

Peninsula

Non-BN

All Sabah & Labuan seats are smaller than A

Most Sarawak seats are less than half that of A

Pu

tra

jay

a

A = Average voter/constituency 49,119

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HISTORICAL RESULTS !

YearAlliance Party/BN* Opposition Total

seatsSeats % seats % vote Seats % seats % vote

1959 74 71.15 51.7 30 28.85 48.3 104

1964 89 85.58 58.5 15 14.42 41.5 104

1969 95 65.97 49.3 49 34.03 50.7 144

1974 135 87.66 60.7 19 12.34 39.3 154

1978 130 84.42 57.2 24 15.58 42.8 154

1982 132 85.71 60.5 22 14.29 39.5 154

1986 148 83.62 55.8 29 16.38 41.5 177

1990 127 70.55 53.4 53 29.45 46.6 180

1995 162 84.38 65.2 30 15.62 34.8 192

1999 148 76.68 56.5 45 23.32 43.5 193

2004 198 90.41 63.9 21 9.59 36.1 219

2008 140 62.61 52.2 82 36.93 47.8 222

Party B Party PPolitics

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Analysts like to talk about 30:30:40%!Parliamentary Seats

0%

B30%

???40%

P30%

Level Playing Field

Sublimal message:

Be non-partisan.

The fence-sitters

decide the

elections!

Applicable to

votes, not seats!

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Analysts never consider cheating, greed & fear !Parliamentary Seats

0%

B66%

???19%

P15%

Before 1999, Parliamentary Seats

B from UMW (26%)

Min seats: P - 15%, B - 66%!

Actual support for B 40%.

Balance 26%: SPR Bias including

gerrymandering, intimidation, malapp

ortionment , 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

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Parliamentary Seats

0%

B66%

???19%

P15%

Before 1999, Parliamentary Seats

B from UMW (26%)

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

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Mar 2008: For the first time in history,

people believed that change was possible!

Parliamentary Seat

s0%

B63%

P37%

Parliamentary Seats

Would your vote

have made a

difference?

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Mar 2008: What if ?

With 3,134

votes, you can

help to give Party

B a 2/3 majority!

Parliamentary Seats

0%

P33%

???4%

B63%

3,134

votes

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Mar 2008: What if ?

56,842 votes

would have

brought Party

P to Putrajaya!

Parliamentary Seats

0%

B50%

???13%

P37%

56,842 votes

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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?

Parliamentary Seats

0%

B40%

SPR Bias20%

???15%

P 25%

Parliamentary Seats - Future

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!

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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?)

http://mt.m2day.org/2008/content/view/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.

RECAPOur 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 who are known to be more neutral!

More than 100 amendments to the election

laws and regulations proposed to the PSC.

Only a small % was accepted! BERSIH 3.0!30

END

PACABA 0.3 Malaysia Electoral System - End

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