Penanti Heralds A New Beginning In Election Culture

(Bernama) The Election Commission (EC) sees the Penanti state by-election on May 31 heralding a new `election culture' that emphasizes on public order and discipline among the political parties and the people of this country.

The Penanti by election will see a total ban on campaign during the polling day and to achieve this, EC is doing away with voter reference booths operated by political parties outside the polling centres that often serve as a front to canvass votes.

Numerous parties have voiced out their displeasure over the move and Bernama spoke to EC chairman Tan Sri Abdul Aziz Mohd Yusof to seek his explanation on the matter and other issues that often crops up during elections.

QUESTION: Firstly, why enforce this restriction now when amendments have been made to Section 26 (1) of the Election Offences Act 1954 in 2003 to disallow campaign in any guise during the polling day? Has the public order during elections deteriorated to a critical point?

ANSWER: Yes, I have been informed that this amendment was made in 2003 for the 2004 General Election, but at the time the party supporters were not as aggressive like at present. Since the 2008 General Election, as you know, the atmosphere at the polling stations has been tense.

The political scenario has changed. First, party supporters follow their candidates in big numbers. Second, their ways have changed, they blatantly utter words that offend others. So, looking at the tense atmosphere that they create we should not wait for something bad to happen before taking action.

"We don't want the police and the EC to be blamed for not taking action like what happened in the Permatang Pauh by-election."

Nevertheless, I seek the cooperation of all parties to refrain from bringing big group of supporters during the nomination for Penanti on May 23. The police are anticipating 5,000 supporters to congregate but the number can easily swell.

QUESTION:Does this move affect campaign activities. Do political parties stand to lose out.

ANSWER: The election laws clearly stipulate that campaigns can be carried out after the nomination is over and the campaign duration continues until midnight before the polling day. This is the time for them to campaign and cross check their members on the voter list. They can do this through the voter reference booths, offices or committee rooms as long as they follow the rules and have obtained permission from the police.

"I consider the polling day as the cooling off period. Once we reach the polling day, there cannot be voter reference booths, sheds or offices. All these are only allowed during the campaign period".

The atmosphere during the polling day becomes tense due to the presence of these voter reference booths where campaigns are carried out at a feverish pitch. In other words instead of cross checking the membership list they are doing other things including carrying out campaigns.

QUESTION: But the voter reference booths are meant to help cross check the party membership list and their status as voters?

ANSWER: Section 26(1) of the Act lists down the do's and don'ts during the polling day. From what I gather, a radius of 50 meters from the polling area is a prohibited area. If they are to crosscheck their names, they need not wait until the polling day. The EC already announced the Penanti by election date and the voters could check their status through various means since May 8.

For this purpose the EC provides sheds manned by its staff and the voters can also check their status at EC counters. Thus, they should do this beforehand and not wait until the polling day. The problem is how we are to change those who procrastinate. My only advice to voters in Penanti is check their voter status early.

QUESTION: Is EC empowered to enforce the ban on campaign during the polling day and what is the penalty on those who blatantly ignore the ban?

ANSWER: Section 26(1) of the Election Offences Act 1954 clearly states EC's powers. Nonetheless, previously, EC allowed some concession but in Penanti the ban will be fully enforced. Section 26(2) and 26(3) of the Act clearly states that anyone transgresses any of the clauses under subsection (1) if convicted can be jailed for not more than a year or fined not more than RM5,000, or both. An offence under subsection (1) warrants arrest as interpreted in Criminal Procedure Code.

QUESTION: There were some political parties that brought up this issue in the media saying that EC's move contradicts Section 24(2)(b) Election Offences Act 1954, that allows voter reference booths 50 meters from the polling station. Can EC shed some light on this?

ANSWER: Firstly, I would like to correct this statement because Section 24(2)(b) of the Election Offences Act does not exist. However, Section 24B(2) makes references to voter reference booths during the campaign period. Within this period the political parties can put up sheds or open up offices but not on the polling day. They are free to invite as many members as they like. As long as EC is concerned the ban does not contradict Section 24B (2) and it clearly states when the voter reference booths is allowed.

QUESTION: EC has opened its doors for two way discussion with all political parties. Has the discussions met their objectives?

ANSWER: So far the discussions were only held twice. At the initial stage, they were quite reluctant to accept our proposal on the ban on campaigning during polling day. They insisted that they still wanted the voter reference booths and gave an undertaking that they won't use it to canvass votes.

"In fact the meetings are to explain why we want to enforce the ban. During the first meeting I only listened to their views. During the second meeting, we explained from the legal point of view. I hope they understand."

However, after the second meeting, we agreed to allow a table for checking party members voter status. Thus we will only allow tables and a giant umbrella manned by two or three of their representatives. The EC too will have its own shed located 50 meters from the polling station to serve the voters. The enforcement of this ban in Penanti beckons a new `election culture' that emphasizes on public order and discipline among the political parties and the people of the country.

QUESTION: What are the issues highlighted by the parties during the meeting with EC?

ANSWER: It is the same old issues like phantom voters, those voting on behalf of others, numerous voters with the same address and so on. For example, the phantom voters issue appear during every election. "I always remind them if they do exist, catch and bring them to me. Until now there is not even one phantom voter that have been identified."

During the 2002 voter registration exercise, registration of voters need not follow the address on the identity cards. Only after 2002, the voters were required to register based on the address in the identity card. But I am unhappy with this because it gave rise to another problem, multiple names with the same address. As for the EC, these issues have been played up over and over again by political parties but it is yet to be proven in any court of law.

QUESTION: What is the follow up action taken by EC based on the discussions?

ANSWER: EC is firm on enforcing the ban on campaign during the polling day beginning with the Penanti by-election. The political parties must heed to Section 26(1) Election Offences Act 1954. EC will cooperate with the police and action will be taken on anyone disregarding the ban.

For the Penanti by-election on May 31, voters can make check their status at EC's website www.EC.gov.my or SMS to 15888 by typing EC (space) SEMAK (space) identity card number. Voters also can call EC's headquarters at 03-88… or the EC's state office 04-26….