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Understanding the Electoral System !

PACABA 0.3 MALAYSIA’S ELECTORAL SYSTEM. Understanding the Electoral System !. INTEGRATED VIEW: PSYCHOLOGICAL FACTORS AT WORK. GREED!. POLITICS. FEAR!. SOCIAL. IGNORANCE. SURVIVAL. SUPPRESSION. ECONOMICS. 1Saman. 1Care: 10% of gross income.

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Understanding the Electoral System !

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  1. PACABA 0.3MALAYSIA’S ELECTORAL SYSTEM Understanding the Electoral System !

  2. INTEGRATED VIEW: PSYCHOLOGICAL FACTORS AT WORK GREED! POLITICS FEAR! SOCIAL IGNORANCE SURVIVAL SUPPRESSION ECONOMICS 1Saman 1Care: 10% of gross income

  3. EC supposed to manage elections independently and fairly 700 x Art. 44 Art. 32 Art 43 Art. 40 Art. 45 Art. 46 Public Confidence Art. 114 Art. = Article Art. 113 Areas where Parliament can interfere with or control the EC

  4. 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, Art. 113 Control by Parliament

  5. 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 Public Confidence All ex-civil service! • Elections (Conduct of Elections) Regulation 1981: COE • R12. Presiding officers & assistants, • R12A. Other officers & staff All from the Federal Government! Can they be independent?

  6. Functions of Election Commission • Redelineation of electoral boundaries, • Registration of electors, • Conduct of elections

  7. ELECTORAL CONCEPT Database: Electoral Roll Pre-polling: Inventory Control. Check ballot papers Polling: Paper flow management Post-polling: Stock take & Closing Statement. Count ballot

  8. 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.

  9. SYSTEMIC DISTORTION Gerrymandering, Malapportionment, Keep rural voters poor & isolated, Abuse of GOVT Machinery!

  10. WHEN DID IT START ? 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

  11. A. GERRYMANDERING Four evenly matched districts Three seat advantage for Party 1 Padang Rempit Padang Rempit Bukit Badak Bukit Badak Kota Tempurung Kota Tempurung Pulau Giling Pulau Giling All districts show an even voting ratio for each party 3 districts vote 90% for Party 1 1 district votes 90% for Party 2 Party 1 Party 2 SOURCE: http://www.comprofessor.com/2010/10/gerrymandering-through-corporate.html

  12. N45 SELAT KELANG Same DUN but separated by land and sea Island This island not included!

  13. B. MALAPPORTIONMENT 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 Credit to: Ng CN Something is seriously wrong when a party secures 50.4% of the seats with less than 19% of the popular vote!

  14. C. GEOGRAPHY: KEEP SMALL SEATS POOR & ISOLATED! Easy to threaten & bribe Mini break: Environmental Disaster! Kapit , Rejang River 2011 In politics, nothing happens by accident!

  15. D. ABUSE OF GOVT MACHINERY Use of Government machinery and control of social, business and information networks to suppress the people

  16. 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). With a 2/3 majority, Govt can increase Sarawak seats to 50 and reduce Selangor seats to 10. Will they do it? Do you understand the dangers of giving a Ruling Party too much power? Applies to Pakatan also!

  17. Total Parliament seats: 222 Simple majority: 112 seats DESIGN: 1st 112 seats: 1.85 million – 17%. 2008: BN contested 139 seats to win 112 seats. Associate Prof Tey Tsun Hang: Impossible obstacle! Download: SPR: M'sia's electoral system: Govt of the people?

  18. 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! Question: Who decides for a simple majority? Rural Bumis !

  19. A = Average voter/constituency 49,119 Credit to: Ng CN

  20. Party B Party P

  21. Analysts like to talk about 30:30:40%! Applicable to votes, not seats! Sublimal message: Be non-partisan. The fence-sitters decide the elections!

  22. 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.

  23. THREE SIGNIFICANT FACTORS 1. SPR Bias 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.

  24. Mar 2008: For the first time in history, people believed that change was possible! Would your vote have made a difference?

  25. Mar 2008: What if ? With 3,134 votes, you can help to give Party B a 2/3 majority! 3,134 votes

  26. Mar 2008: What if ? 56,842 votes would have brought Party P to Putrajaya! 56,842 votes

  27. 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!

  28. HOW DO WE ASSESS THE EC?

  29. SPR: Our job is to help UMNO! 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. 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?)

  30. RECAP Our 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!

  31. END PACABA 0.3 Malaysia Electoral System - End Get a copy of all the powerpoints on PACABA0, give your email to the reception desk. Thank you for listening. Together, we can make a difference ! Email: pywong@tindakmalaysia.com

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