DIPLOMA IN PUBLIC ADMINISTRATION FACULTY OF ADMINISTRATIVE SCIENCE

& POLICY STUDIES UNIVERSITI TEKNOLOGI MARA, KELANTAN

(PAD240: GOVERNMENT AND POLITICS)

(DESCRIBE THE ELECTION PROCESS IN MALAYSIA ORGANIZED BY

MALAYSIAN ELECTION COMMISSION (EC))

PREPARED FOR:
(NOR FARIZAH BINTI JOHARI )

PREPARED BY:
NO NAME MATRIC NUMBER
1 MUHAMMAD IDHAM BIN MOHD ZAINI 2020829308
2 AHMAD ZAINI DAHLAN BIN KAMALUDDIN 2020603242
3 NUR AIN`ATHIRAH BINTI AZIZ 2020460124
4 NUR HANIS SURAYA BINTI HAMDAN 2020453774
TABLE OF CONTENTS
1.0 INTRODUCTION ……………………………………………………................. 4-5
2.0 FPTP — THE SYSTEM…………………………………………………………. 5-6

3.0 ELECTION LAW ……………………………………………………………........ 6

4.0 THE ELECTION COMMISSION’S FUNCTION………………………………… 7

5.0 ELECTION REGULATION…………….…………………………………………. 7

6.0 PROCESS…………………………………………………………………………... 8

6.1 Regulation Writ and notice of Elections................................................. 8-9

6.2 Procedure for Nomination ………………………………………………… 9

6.3 Election Campaign…………………………………………………………. 10

6.4 Polling Process ….…………………………………………………………. 10-11

6.5 Counting Votes……………………………………………………………… 11-12

6.6 Announcement………………………………………………………………. 12

7.0 CONCLUSIONS……………………………………………………………………. 12-13

8.0 REFERENCES………………………………………………………………………. 14

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ACKNOWLEDGEMENT

First of all, we would like to be thankful because with His permission this task can be
completed successfully. We would like to thank the lecturer, Madam Nor Farizah binti
Johari, whose contribution in stimulating suggestions and encouragement, helped our
groups to coordinate project especially in writing this report. Also that, this assignment
cannot be completed without the effort and kind co-operation from our group members,
Muhammad Idham, Ahmad Zaini Dahlan, Nur Ain‘Athirah and Nur Hanis Suraya. Lastly,
we would like to express our gratitude towards the classmates who also provided help
and ideas in order to complete the assignments successfully. Before closing the talk, we
would like to apologize if there are any errors in this assignment.

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1.0 Introduction

Preside over a federal parliamentary democratic system centred by a constitutional

monarchy presided over by the King as the country's head of state. This year's elections
will be place in Malaysia, a democratic country with a democratic political system that
allows everyone to have a say in shaping public policy. A demos is a group of
individuals who join together to make political decisions in a demographically diverse
society. Today, the term "demos" is used to describe a country, and citizenship acts as
a proxy for participation in the democratic process. Also mentioned is the fact that the
judgement is relevant to a democratic country. Additionally, it is a gathering point for
protests. It is commonly referred to as the "nation-state" when referring to a modern
democratic state. When it comes to making decisions in democratic countries, there is a
system of direct or indirect decision-making, such as a referendum or the election of a
legislative body.

Electoral processes are a fundamental part of the democratic process in every

democratic country in the globe. Members of the Federal Parliament and State
Assemblies are elected in Malaysia, as well as many other offices. Voting and other
election-related activities are monitored by the Election Commission (EC). According to
Article 114 of Malaysia's Federal Constitution, a body like this one exists. Elections
result in the establishment of a social contract between the people and the candidate or
political party elected to govern the day. When voters choose a certain political party,
they show that they have certain expectations of the candidate that they believe are
supported by the majority of the population. When a party wins an election, they take
over the government and must keep their promises and manifesto to the people they
were elected to represent.

An Election Commission, created under Malaysia's Constitution, conducts elections to

the House of Representatives and legislative assemblies in all thirteen states. Preparing

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and amending the electoral rolls in advance of such elections is also the Commission's
responsibility. Election Commissions have been given jurisdiction to study and suggest
modifications to federal and state constituency boundaries in order to ensure that they
are in line with the Constitution's Thirteenth Schedule provisions, which are spelled out
in the document. Every eight years, the districts for the House of Representatives and
the Legislative Assemblies are both redrawn. Constituency delineation ideas and
methodologies are established in the Thirteenth Schedule.

2.0 FPTP — The System

FPTP is the electoral method used in Malaysia, and it allows candidates to be

associated with political parties or run as independents in the elections held there. A
single candidate is chosen by the electorate, and the individual who receives the
greatest number of votes is elected to the position. First Past the Post is a plurality
voting system since the winner does not have to receive more than half of the votes to
be declared the winner. Canada, the United Kingdom, the United States of America,
Yemen, and Bangladesh are among the countries that make use of this system.

FPTP is a plurality or majority election method that is characterised by its simplicity and
inclination for electing MPs who are geographically connected to their constituencies.
The first-past-the-post system provides voters with a clear choice between two big
parties. When dealing with third- and fractured-minority parties, the party system may
tend to rotate between a "left" and a "right" party under first-past-the-post voting. Third
parties frequently wither and almost never acquire a level of public support at which
their national vote results in a proportionately large number of legislative seats, as is the
case with major parties. The creation of single-party governments is the result of this
process. Under first-past-the-post voting, coalition administrations are the exception
rather than the rule, and "seat bonuses" for the largest party are common example is
when one party gets 45 percent of the national vote but 55 percent of the seats.

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FPTP ensures that the legislature has an unified opposition. With a strong single-party
administration, the opposition is also granted enough seats to act as a check on the
government and promote itself as a viable alternative.

Thus, in the present Malaysian political landscape, the National Front or Barisan
Nasional (BN) is a powerful single-party administration comprised of tiny parties, the
bulk of whom are affiliated with UMNO (United Malay National Organization).

3.0 Elections Law

Malaysia's election legislation is governed by three principal statutes: Act 19 Election

Act 1958, Act 31 Election Commission Act 1957, and Act 5 Election Offences Act 1954.
Act 19 Election Act 1958 is the fundamental act governing elections in Malaysia. The
Election Commission is the primary authority in charge of enforcing election regulations,
and it has entire autonomy in regulating the manner in which elections are conducted.

Political parties are governed by the Societies Act of 1966. According to the Registrar of
Societies (ROS), which is part of the Ministry of Home Affairs, a political party's
application for registration may be denied if the party's application is believed to be used
for unlawful purposes or is incompatible with Malaysia's peace and welfare or security,
public order, or morality. All political parties are required to register with the ROS.
Electoral processes are conducted by political parties in accordance with their
respective constitutions and the Societies Act 1966.

The electoral system's fundamental laws were created before to independence in

preparation for the Federation of Malaya's first federal election in 1955. These
regulations, together with significant modifications and amendments, were incorporated
into the 1957 constitution. Significant changes were made to the election system both
before and after the larger Federation of Malaysia was formed in 1963.

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4.0 The Election Commission's Function

The Election Commission of Malaysia was established with the objective of ensuring
that Malaysian elections are properly regulated and conducted. Constitutional provision
for its formation is found in Malaysian Article 114. Accordingly, it is subordinate to the
Prime Minister's Office. three major responsibilities are carried out by the Election
Commission:

1. To conduct general elections for the House of Representatives and the State
Legislative Assembly, as well as to conduct special elections in the event of a vacancy;

2. To conduct study and reassess the borders of parliamentary and state seats at least
every eight years following the last realignment; and

3. To conduct voter registration and voter list reviews.

5.0 Elections Regulation

Through a fair and free election, the Election Commission's policy is to protect,
supervise, and sustain the democratic process in the country, as defined by the
Constitution. It is the Commission's responsibility to ensure that residents have the
opportunity to vote directly for their representatives in each and every election.
According to Article 114, the Commission has the authority to call a general election for
the House of Representatives and the State Legislative Assembly, as well as to call by-
elections in the event of a vacancy in either chamber.

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6.0 Process

The graphic below shows the election process in Malaysia:

Election Commission Choose

the date of the election

Nomination Day

Manifesto preparation

Campaign

Announce the place for vote

counting

Vote Counting

Result announcement
Election Day

6.1 Regulation Writ and notice of election.

Six stages are required to be completed in order for the Malaysian General Election to
be held, according to the Election Commission of Malaysia. It is comprised of the

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following steps: issuance of the writ, nomination of candidates, election campaign,
polling, counting of votes, and announcement of the results of the election.

An election writ will be issued by the Election Committee in accordance with the
Elections Act 1958 if a dissolution of Parliament or a State Legislative Assembly is
declared or in the event of a casual vacancy in one of the Houses of Parliament or the
Senate. The returning officer will be able to conduct the elections at that point. A notice
of election will be announced and placed in public areas for the benefit of the general
public, as well as candidates. Some information, such as the date of nomination and the
date of polling, must be included in the announcements. In the case of the polling date,
instead of the regular polling date, an advanced voting date will be established for
individuals who would be unable to vote on the actual polling date. The electoral roll is
revised throughout the year, as required by law. Every three months, new electoral
registers are generated, and the registrations are published for seven days in order to
deal with claims and objections through public inquiries. The commission will confirm
the electoral registers for the year within a month. The names of voters who have died
and who have been disqualified in line with the legislation will be charged from the
master register during the review.

6.2 Procedure for Nomination

On nomination day, between 9 a.m. and 10 a.m., candidates, proposers, and seconders
will submit their nomination forms to the RO. After that, throughout the process of
nomination, If a candidate is running for a seat in parliament, the nomination forms must
be supported by the candidates' signatures on a legal declaration, as well as the
payment of a RM10,000 (RM5,000) deposit. The Assistant Returning Officers will assist
the Returning Officer in determining whether or not the candidates are eligible to run in
the elections. Candidates are disqualified if they are of unsound mind, have relinquished
their citizenship, have failed to file any election expense returns, hold a "office of profit,"
have been convicted of an offense by a Malaysian court of law with a sentence of no
less than one year in prison or a fine of no less than RM 2000, or have been declared
bankrupt. After doing the appropriate checks, the returning officer is required to declare

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the names of the candidates and the political parties that will be running in the
Parliamentary and State constituency elections. If there is just one candidate who is
qualified to run for election in a constituency, the returning officer will declare the winner
of the election without holding a contest.

6.3 Election Campaign

The election campaign is the third and last step in the general election process. The
campaigning season begins as soon as the names of the candidates who will be eligible
to run on nomination day are announced. The campaign period must come to a
conclusion at midnight on the day before the election is held. They can raise awareness
of their campaign through the use of posters, speeches, the distribution of leaflets, and
door-to-door canvassing in their neighborhood. Election Offences Act 1954 stipulates
that candidates for Parliamentary and State seats cannot spend more than RM 200,000
and RM 100,000 in total campaign expenditure, respectively. Candidates must also pay
a campaign material deposit of RM 5000 for Parliamentary seats and RM 3000 for State
seats at this point. In addition to the campaign material deposit. It is possible for
candidates to receive their deposits back if they clear out their campaign materials
within 14 days of polling; otherwise, the money will be used to clean up the city;
however, if there is any leftover money after the cleanup, it will be returned to the party
that made the deposit. Of course, permission from the local police authority must be
acquired prior to the candidates and political parties holding public debates or
discussions. The Enforcement Officer reports to the Managing Officer, and the
Enforcement Officer's team's job is to keep an eye on campaign materials, election
discussions, and public assemblies to ensure that election laws and regulations are
followed. The Election Commission will develop committees at the state/constitutional
level to give election law and regulation information to political parties, candidates, and
party agents and officials. During the election, a list of things that must be observed and
disallowed will be compiled, and candidates and party leaders must pay close attention
to these items.

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6.4 Polling Process

The process of polling is the next stage to be completed. The advanced voting period
will take place three days before the normal voting period. Ex-military personnel,
members of the Royal Malaysian Police Force, and their wives who are absent from the
polling station will have their votes automatically cast in advance of the election. The
polling stations will be located at military bases or police stations. After the voting day
has concluded, ballot boxes will be stored in secure locations, such as a police station,
until the real polling day. The procedure will be comparable to the regular voting
procedure. Regular electors who have their names listed on the electoral roll will go out
to vote on election day at the polling places that have been designated by the county
clerk. The polling stations will open at 8 a.m. on Election Day. Before the voting centers
open their doors, the Election Commission staff would begin working on preparing the
specific polling booths for use. In the case of overseas Malaysian voters, Razak (2012)
claimed that they had the option to vote via post. In order to register to vote, they must
first download and complete the relevant form, attaching a copy of their MyKad or
passport, and then submit it to the corresponding Malaysian Embassy's assistant voter
registrar, who is selected by the Election Commission. Razak (2012) describes a
formalized.

"The election procedure - 13th Malaysian," 2013 describes how election workers will
check a voter's identification card (IC) against a list of registered voters on Election Day,
followed by a check on their index finger for any signs of indelible ink. According to "The
Election Process - 13th Malaysian," the second EC official will stamp the voter's index
finger with permanent ink before marking the individual's name off the election list; the
voter will then be given the ballot papers. In the following step, the voter will vote inside
the polling booth and submit his or her votes for parliamentary and state seats in the
appropriate ballot boxes. The polling centers close at 5 p.m., which also implies that
voting has come to an end.

6.5 Counting Votes

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The counting of votes is the fifth phase. The ballot papers will be counted by the
Presiding Officer (PO), with assistance from the Counting Clerks, as soon as polling
places close. Form 13, which contains information on how many ballot papers were
issued to the Presiding Officer before polling began, how many were issued to voters,
how many ballot papers were spoilt, and how many ballot papers were still with him or
her after polling was completed, must be completed first by the Presiding Officer. The
Presiding Officer and the Counting Clerks will sift over the ballot papers, keeping
ambiguous votes separate from the rest of the ballots. Prior to making a decision on
whether ambiguous votes should be accepted or rejected, ballot papers are sorted
according to the candidates on the ballot.

The Presiding Officer will then fill Form 14, which will record the number of votes
received by each candidate as well as the number of spoilt ballots, while officers and
clerks who are responsible for counting postal ballot papers will complete Form 15.
Each polling station's Forms 14 and 15 would be brought to the Official Vote Tallying
Center, where the Returning Officer (RO) would review them one by one before
reporting the results from each polling station. In the following weeks, the successful
candidate will be notified by the returning officer of each seat.

6.6 Announcement

The release of Election Results in Malaysia is the final step in the process of the
General Election in the country. Now, the Returning Officer for each constituency will
declare the candidate who receives the most votes, a simple majority, the victor, and
appoint him as the elected representative for the constituency in question. The
Returning Officer's decision is final and conclusive in all respects. Any party that is
dissatisfied with the outcome of the election, on the other hand, may file an election
petition with the Election Court.

7.0 Conclusion

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In conclusion, this article concerns elections in Malaysia, as well as the role played by
the Malaysian Election Commission in overseeing the election process. The country has
held twelve general elections and a number of by-elections since gaining independence
in 1957. Electoral methods have been utilized to define the structure of government in
Malaysia's parliamentary democracy. Voters, political parties, and even the government
will be involved in the electoral process. Candidates and manifestos will be announced
by the competing political parties. During the campaign, the chosen candidates will
travel across the country giving speeches about their manifestos in order to win support
and persuade voters to vote for their party on election day. People have the opportunity
to examine the characteristics and aspirations of a candidate who will represent them in
parliament in the future during the campaign. However, each candidate must meet
certain requirements, such as being a Malaysian citizen and having a valid passport.
So, Electoral reform is nearing completion in this year's election, and the Election
Commission's years of experience guaranteeing that voters have the opportunity to vote
for their candidates in a fair and impartial manner will come to fruition.

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References
Othman, M. P. (2005). Elections and Democracy in Malaysia. Bangi: PENERBIT
UNIVERSITI KEBANGASAAN MALAYSIA.
Portal Rasmi Suruhanjaya Pilihan Raya Malaysia (SPR). (n.d.). Portal Rasmi

Suruhanjaya Pilihan Raya Malaysia (SPR). Retrieved December 16, 2021, from

https://www.spr.gov.my/

windfield international college. (n.d.). Malaysian election process. SlideShare Scribd

Company. Retrieved December 16, 2021, from

https://www.slideshare.net/mohamedabdi17/malaysian-election-process

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