ISSUES IN MODERN MALAYSIA (COM266)

GENERAL ELECTION IN MALAYSIA

INTRODUCTION
1. Elections in Malaysia exist at two levels:
A. National level (Federal Government)
B. State level (State Government)
2. National level elections are those for membership in the Dewan Rakyat, the lower
house of Parliament.
3. State level elections are for membership in the various State Legislative
Assemblies. (The head of the executive branch, the Prime Minister, is indirectly
elected.)
4. Government may be broadly defined as a political organization comprising the
individuals and institutions authorized to formulate and enforce laws and public
policies and conduct affairs of the State.
5. The term may also be defined as a system of social control under which the right
to make laws and policies and implement them and the right to rule a country is
vested in a particular group of persons or an institution.
BY- ELECTION
1. In addition to general elections, a by-election is held in the respective
constituency when a Member of Parliament or state assembly dies, resigns or is
disqualified from holding a seat.
2. The exception is if the vacancy occurs when the tenure for the current Parliament
or state assembly is less than two years, where the seat is simply left vacant until
the next general election.
NATIONAL LEVEL
1. At the national level, voters elect the 222-member House of Representatives
(Malay: Dewan Rakyat, literally "Hall of the People") of the bicameral Parliament.
Members are elected from single-member constituencies drawn based on
population using the first past the post system. The party that has the majority of
the House of Representatives will form the federal government.
2. The Constitution of Malaysia requires that a general election must be held at
least once every five years.
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3. However, the Prime Minister can ask the Yang di-Pertuan Agong to dissolve the
Parliament at any time before this five year period has expired.
4. A general election should be held no later than two months in West Malaysia and
three months for East Malaysia (Sabah and Sarawak) after the dissolution of the
Parliament.
5. Over the years, the predominant winner of the parliamentary election has always
been the Barisan Nasional (National Front; once known as the Alliance), a
coalition of fourteen parties.
STATE LEVEL
1. At the state level, voters elect representatives to the Dewan Undangan Negeri
(State Legislative Assembly). The number of representatives varies between the
different states, with as many as 71 electorates in Sarawak and as little as 15 in
Perlis.
2. Members are elected from single-member constituencies drawn based on
population using the first-past-the-post system. State assembly constituencies
are

usually

smaller

(in

area

and

population)

than

the

parliamentary

constituencies. The party that forms the majority of the state assembly will form
the state government.
3. Usually, state elections are held simultaneously with the parliamentary election
but each state can decide when to hold its election. This is because state
assemblies are dissolved by their respective Ruler or governor on the advice of
the chief minister of the state.
4. In the 1999 general election, the state elections of the 11 states on Peninsular
Malaysia were held simultaneously with the parliamentary election while the
state elections of Sabah and Sarawak were held at different dates.
5. In the 2004 and 2008 general elections, the state election of Sabah were held
simultaneously with the parliamentary election as well, but Sarawak held its
state election in 2006 and 2011.
6. Before the 2008 elections, the Barisan Nasional usually controlled most of the
state assemblies in every election, with the notable exception of the state of
Kelantan. Kelantan has been a stronghold of the Islamic Party of Malaysia (PAS)
since 1959.
7. However, Barisan Nasional lost an additional four states (Penang, Kedah, *Perak
and Selangor) to the loose coalition of opposition parties composed of PAS,
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Democratic Action Party (DAP) and People's Justice Party (PKR) in the 2008
elections, which has been termed by the Opposition as the 'political tsunami' of
Malaysia.
8. Elections are supervised by a seven-member politically neutral Election
Commission. Its members are appointed by the Yang di-Pertuan Agong following
the advice of the Prime Minister.

NOMINATION PROCESS
1. Nomination centres are set up in various locations by the Election Commission
to allow candidates to register themselves. Typically any Malaysian citizen may
register as a candidate as long as he is not disqualified from doing so. He or she
does so by filing the appropriate forms and placing a monetary deposit.
2. The deposit was RM5000 to contest a parliamentary seat, or RM3000 to contest
a state assembly seat. This amount was changed to RM 10,000 and RM 5,000
respectively in 2004. Additionally in 2004 it was required that each candidate
provide a RM 5,000 deposit for cleaning up banners and posters after the
election. This increase is seen by some as having led to the government winning
a record number of seats without contest in 2004 (17 parliamentary seats were
won without contest). The deposit is used to pay for infringements of election
laws and is returned after polling day unless the candidate loses and fails to
garner more than 1/8 of the vote.
3. As of the 2004 elections, candidates may have a lawyer present at these
proceedings. Some candidates have been disqualified from previous elections as
they lacked the competence to fill in the forms correctly.
4. In 2004 candidates were given 1 hour to fill out and return their nomination
forms as opposed to 2 hours previously. This led to disqualification of certain
candidates who were unaware of the change.
CAMPAIGNING
1. The campaign period permitted by law runs from the date of nomination day
until polling day. Campaigning amongst opposition parties is often hampered by
a lack of access to government-controlled media.

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2. Prior to the 1999 general election, opposition parties were given a brief period
of airtime on the public Radio Television Malaysia (RTM) radio stations to
broadcast their manifestoes.
3. However, the government announced a change of policy in 1999, insisting that
as RTM was government-owned, preference would be given to government
parties.
ELECTION DAY
1. On election day, registered voters may cast their ballot for their chosen
candidate in a designated voting centre. These voting centres are typically
schools or community centres which have been procured for that day. All
activities in the school are suspended for that day. Holidays are also declared in
states where election day does not fall on a weekend to allow maximum turnout.
2. Certain political parties will provide transport for voters to and from the voting
centre. While campaigning is not allowed on election day, transportation is seen
as something of a social service, especially since many people did not have a
personal means of conveyance until the last decade or two, as of 2004.
3. No campaigning or advocacy for candidates is allowed within a voting centre.
However, just outside the gate of most voting centres, there will be people
plugging the various candidates.
AGENTS
1. Each candidate is allowed one agent per voting centre. Their job starts early and
begins by inspecting that the metal ballot boxes have not been tampered. They
also ensure that the boxes are securely locked before voting begins. After
locking, the boxes are sealed by the election commission and each agent may
place their own seal on the box.
2. The agents also ensure that the ballot papers given out to voters do not contain
markings. In the past certain parties have marked the ballot papers for their
own candidates. This will result in a spoilt vote which is discarded during
counting. Some ballot papers have been coated with waxy surfaces to prevent
voting for certain candidates. The agents ensure that these events do not occur.
3. The last task of the agent is to ensure that, on the close of voting, the ballot
boxes are still secure and the seals are intact. This may be done at a designated

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counting centre instead of the voting centre. The boxes are opened once the
agents are certain that there is no tampering.
VOTING PROCESS
1. Only registered voters may vote in elections. Any Malaysian citizens above 21
years old must register in the voters' registry with the Election Commission via
any

offices

affiliated

with

the

Election

Commission,

post

offices

with

computerised facilities or specified counters, before he or she could vote in

elections.
2. After identity verification at a voting centre, each voter receives two paper
ballots, one for the parliamentary seat of the constituency and another for the
state assembly seat. In federal territories, where there is no state assembly, and
states whose state election is held on a different date, each voter receives only
one ballot for the parliamentary seat.
3. Each voter walks into individual booth to mark the ballots in secret. The voter
marks on each ballot the candidate of his or her choice with a cross beside the
candidate's name and party symbol. After finish marking, the voter folds the
ballots and drops them into separate ballot boxes for parliamentary and state
assembly seats.
COUNTING AND ANNOUNCEMENT OF ELECTION RESULTS
1. After the close of voting the election agents check the ballot boxes prior to
opening and counting. They also monitor the counting to ensure that the total
ballots are the same as the number of votes cast. This extends to checking the
number of "double votes".
2. Every ballot paper has a serial number on it and they are given out sequentially.
Agents may check that the serial numbers match up. The counting of the ballots
is done by hand.
3. After a count at the voting centre the boxes are transported to the counting
centre for a second count. If all candidates agree to the count then it stands or
else an immediate re-count is done at the counting centre.
4. Election results are announced through live broadcasts by radio and television
stations. Some newspapers print special editions to cover the election results.

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5. In most constituencies, the results will be out on the night of the election day. In
some rural constituencies and constituencies that need recounts, the results
may not be announced until the next day.
THE ELECTION COMMISSION OF MALAYSIA
1. The Election Commission of Malaysia (Suruhanjaya Pilihan Raya Malaysia (SPR))
is a commission set up for the purpose of regulating and conducting elections in
Malaysia. Its establishment is mandated by Article 114 of the Constitution of
Malaysia. The Election Commission falls under the purview of the Prime
Minister's Department.
2. Apart from regulating elections, the EC's duties include reviewing the
boundaries of parliamentary and state constituencies, holding by-elections and
carrying out registration exercises.
3. It also collects information on newly developed areas to ensure a fair
representation of voters in each constituency, promotes awareness on how
important it is to vote and revises the electoral roll by deleting the names of
those who are dead or have been disqualified.
4. On polling day, EC members and officers will be stationed at polling centres
nationwide to oversee the process.

ROLE AND FUNCTION OF ELECTION COMISSION IN MALAYSIA.

I.

The main functions of the commission are to review and delimit Parliamentary
and State Constituencies at intervals of not less than eight years, following the

II.
III.

date of completion of the last review;

To carry out registration of electors and revision of electoral rolls;
To conduct general elections to the House of Representatives and State

IV.
V.

Legislative Assemblies
Undertake by-elections arising out of casual vacancies.
Its policy is to safeguard and maintain the democratic process of the country
through free and fair elections.

Hak Cipta Universiti Teknologi MARA

Faculty of Communication & Media Studies

 Hak Cipta Universiti Teknologi MARA

Faculty of Communication & Media Studies