Election Process: Parliament Dissolution to Elections
by Dhesegaan Bala Krishnan
Millions of Malaysians are waiting for the 15th General Election (GE15) with bated breath.
What makes this poll historic? Well, this will be the first time Malaysians aged between 18 and 21 can vote in the country’s general election.
GE15 will also be the first general election to allow all Malaysians living abroad to vote by post.
But, what triggers a general election and how is it conducted?
Dissolution of Parliament
The Prime Minister sets the ball rolling for a general election by dissolving the Parliament once he obtains the Yang di-Pertuan Agong’s consent.
Likewise, the heads of each state governments must get the consent of their respective rulers or state governors before dissolving their state assemblies.
Upon the dissolution of the Parliament or a State Legislative Assembly or in the event of a casual vacancy, the Election Commission (EC) will issue a writ to the Returning Officer. The writ gives the Returning Officer the power to conduct the election.
Simultaneously, a notice of election will be gazetted and the notices will be put for public display. The notice will contain the date of nomination, advanced voting date (for absent voters) and polling date (for ordinary voters).
According to the Federal Constitution, a general election must be held within 60 days of the dissolution of Parliament. Since the Parliament was dissolved on Oct 10, GE15 could be held anytime between now and Dec 9.
Nomination Day
During nomination, the Returning Officer accepts nomination forms from aspiring candidates or their proposers or seconders (or from any two or all three of them).
The candidates, proposers and seconders must also pay the election deposit to the Returning Officer or the State Director of Elections or show evidence that the deposit had been paid earlier
Candidates wishing to participate in an election must pay deposits worth RM10,000 for Parliamentary seat and RM5,000 for State Legislative Assembly seat.
Candidates will lose their deposits if they fail to secure at least one-eighth of the total number of votes received by all the candidates contesting the election in that constituency.
Besides the nomination form and election deposits, candidates must also submit a Statutory Declaration Form (Form 5 for candidates contesting the Parliamentary seat and Form 5A for candidates contesting seats in the State Legislative Assembly).
Once nomination closes at 10am, the Returning Officer and his assistants will vet through each nomination paper. The nomination forms will also be on display between 10am to 11am for other candidates and registered voters in a constituency to raise objections if they wish to do so.
Convicted individuals still serving their sentence, those declared bankrupt as well as former candidates or their agents who failed to submit their election expense returns during the previous election are automatically disqualified.
The Returning Officer will announce the list of eligible candidates for each constituency. If there is only one candidate eligible to contest in a constituency, the candidate will be declared to have won the seat uncontested.
Election Campaign
The election campaigning kicks off once the nomination process is over. Usually, the EC allows 15 days of campaigning but this could be shortened as well.
The 2004 general elections saw only seven days of campaigning – the shortest in the country’s history.
During the campaign period, candidates can put up posters, distribute pamphlets, conduct door-to-door campaigns, and organise public rallies or “ceramah”. However, all campaign activities must stop at 12am on the eve of polling day.
Each candidate must pay an election materials deposit of RM5,000 for election to the Parliament and RM3,000 for election to the State Legislative Assembly. The deposits will be returned if the candidates clear their campaign materials within 14 days.
Additionally, they must also pay the local council to put up posters. Those wanting to conduct public rallies must also obtain police permit.
A candidate’s election expenses cannot exceed RM200,000 (for Parliamentary seat) and RM100,000 (for State Legislative Assembly seat).
Polling Day
Military officers, policemen, the General Operations Force (GOF) as well as their spouses are allowed to vote at least three days before the polling day.
Those unable to vote in person on polling day can apply to vote by post. These include EC employees, poll workers, media workers, policemen and soldiers who were not eligible for early voting and other categories gazetted by the EC.
The EC will start distributing ballot papers to postal voters as soon as they are printed. All marked ballot papers must be sent back to the Returning Officer by 6pm on polling day.
On polling day, registered voters can cast their ballots at the designated polling centres. A polling centre may consist of one or more polling stations. Each polling station is managed by a Presiding Officer with the help of two to four assistants.
For GE15, the EC has extended voting hours by an hour. Voters in Peninsular Malaysia can vote from 8am until 6pm while those in Sabah and Sarawak can do so between 7.30am to 5.30pm.
Once polling is over, the Presiding Officer will count the marked ballot paper and declare the outcome in Form 14. Postal votes will be counted together and the results will be entered in Form 15.
After all Presiding Officers submit their Form 14 and Form 15, the Returning Officer will tally the votes and announce the winner for the constituency. The decision of the Returning Officer is final. However, those dissatisfied with the decision can file an election petition at the Election Court.
By-Elections
A by-election will be called if Parliamentary seat or a State Legislative Assembly seat falls vacant in less than two years before the term ends.
A vacancy occurs when the incumbent assemblyman or member of Parliament (MP) dies, resigns or gets expelled. An assemblyman or MP also loses the seat if he or she is declared bankrupt or if convicted of a criminal offence and sentenced to at least one year of imprisonment.
Under the new Article 49A – introduced to prevent party hopping – a recall election can also be held every time an MP switches parties.
