LIM FANG HAU (林方浩): October 2011

Election booth

As you entered the polling centre, you approach a verification centre known as the Barung (booth). The booth clerk will verify that you are a voter in that school and will issue you a slip directing you to the correct polling stream. This slip has a reference number known as “Bil” (Bilangan or number) at the top corner written by the booth clerk.

There are 3 clerks at each polling stream.

	Usual practice in the past general elections	What you should do to protect the confidentiality of your vote
1.	Clerk no. 1 As you entered the correct polling stream, you approached clerk no. 1 and handed her your booth slip to check you identity against your NRIC number. She will read out your slip number (Bil) and locate your name from the Election Commission Electoral Roll. She will then read out your NRIC number and name from your NRIC (and not from the Electoral Roll). Once your details are verified and there are no objections from the polling agents / counting agents, clerk no. 1 will hand your NRIC to clerk no.2.	-
2.	Clerk no. 2 Clerk no.2 will proceed to tear a serialised ballot paper from the top of the ballot paper booklet. This procedure will enable your name to be matched to the serial number.	Do not accept the top ballot paper issued by the Election Commission clerk no. 2! Insist on selecting a ballot paper further down the booklet (i.e. from the bottom or the middle of the ballot paper booklet) to randomnise the issue of ballot papers. This will guarantee the secrecy of your vote! Say this to clerk no. 2 “Encik/Puan, saya minta kertas undi dari bawah.” If clerk no. 2 objects, show the extract of the Election Laws that you have brought along. At this point in time, the polling agent / counting agent will also step in to support you. Do ensure that clerk no. 2 does not try to record your voter number (Bil) on the counterfoil.
3.	Clerk no.3 Clerk no. 3 will use an embossing tool to perforate the ballot paper at the lower left hand corner.	Do ensure that the ballot paper is folded into half before it is being handed to you. Examine the ballot paper to ensure that it is - clean i.e. free of smudges or writing, - perforated properly, and - has a serial number on the top left hand corner. If any of the 3 conditions are not met, immediately demand for a replacement ballot paper. If the Polling Stream Chief refuses to give you a fresh ballot paper, show him the relevant Law & Regulation. (refer to Regulation 21 of the Elections (Conduct of Elections) Regulations 1981) Once you are satisfied with the ballot paper, you may proceed to the voting booth.

Note: A serialised ballot paper is a ballot paper, which resembles a movie ticket in the 1980s and 1990s, with a serial number on top left hand corner and is torn from the small booklet.

Clerk no. 2

The act of tearing the ballot paper from top to bottom of the ballot paper booklet violates the following Election Laws and Regulations:

- Elections Act 1958, Elections (Conduct of Elections) Regulations 1981

- Part II of the Electoral Offences under the Election Offences Act 1954

(Refer to election laws below with commentary)

Regulation 19 (Manner of voting) paragraphs (2) and (3) of the Elections (Conduct of Elections) Regulations 1981 state the following:

	*Prior to 5 May 2006*	*After 5 May 2006*
1.	(2) As each voter applies for a ballot paper, the number and name of the voter as stated, in the electoral roll shall be called out and a mark, without indicating in any way the particular ballot paper to be issued to him, shall be placed in the roll against the number of the voter to denote that he has been issued with a ballot paper.	(2) As each voter applies for a ballot paper, the number and name of the voter as stated, in the electoral roll shall be called out and a mark, without indicating in any way the particular ballot paper to be issued to him, shall be placed in the roll against the number of the voter to denote that he has been issued with a ballot paper.
2.	(3)The number of the voter shall be written on the counterfoil of the ballot paper and the paper shall be perforated or stamped with the official mark or initialled by the presiding officer on the margin of the ballot paper and the ballot paper shall then be issued to the voter by the presiding officer or a person acting under his authority.	(3) The ballot paper shall be perforated or stamped with the official mark or initialled by the presiding officer on the margin of the ballot paper and the ballot paper shall then be issued to the voter by the presiding officer or a person acting under his authority.

Commentary

If you refer to the Election Commission website (refer to paragraph (3) of the PDF file), http://www.spr.gov.my/eng/index_files/akta_peraturanVBI/Elections(ConductofElections)Regulations1981/part%204.pdf

you will notice that it was a requirement at that time to write the number of voter on the counterfoil of the ballot paper.

New Regulations with effect from 5 May 2006 removed the instructions to record the voter number on the ballot counterfoil.

Reference: Election Laws published by International Law Book Services as at 1 April 2009. Page 132.

Interpretation: Regulation 19, paragraph (2) and (3) of Elections (Conduct of Elections) Regulations 1981 have to be read together. The mark referred to in paragraph (2) is a line drawn against the name to indicate that the voter has been issued with a ballot paper.

Prior to 5 May 2006, Regulation 19 paragraph (3) is written such that it was possible to identify the voter with the ballot paper.

It is clearly the intention of the Election Commission that the revision to paragraph (3) is to prevent any identification of the ballot paper with the voter.

From your observation, you should be able to note that the Election Commission has not been updating its website or intentionally not updating its website so that its officers can take advantage of the majority of voters who are not updated on the changes to the election laws in 2006.

Part II of the Electoral Offences under the Election Offences Act 1954 states the following:

Maintenance of secrecy at elections

5. (1) Every officer, clerk, interpreter, candidate, agent and any other person (hereinafter in this section referred to as an “authorized person”) authorized to attend any proceedings connected with the issue or receipt of postal ballot papers, or at a polling station, or at the counting of the votes, shall, before so attending make an oath of secrecy substantially in Form A in the First Schedule.

(2) Every officer, clerk, interpreter, candidate, agent and authorized person in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, but the total number of voters who have voted at any station at any time before the poll is closed may, in the discretion of the presiding officer, be divulged to a candidate or his agent or a police officer authorized to attend or on duty at the polling station.

(3) No such officer, clerk, interpreter, candidate, agent, police officer or authorized person and no person whosoever shall attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number of the ballot paper given to any voter at such station.

(4) Every officer, clerk, interpreter, candidate, agent, police officer and authorized person, in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting, and shall not attempt to communicate any information obtained at such counting as to the candidate for whom any vote is given by any particular ballot paper.

(5) No person, except a presiding officer acting for a purpose authorized by any written law relating to any election or a person authorized by the presiding officer and acting for such purpose as aforesaid, shall communicate or attempt to communicate with any voter after such voter has received a ballot paper and before he has placed the same in a ballot box.

(6) Every person attending any proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain, and aid in maintaining, the secrecy of the voting and shall not without lawful excuse—

(a) communicate, before the poll is closed, to any person any information obtained at those proceedings as to any official perforation, stamp or mark to be used in connection with any ballot paper;

(b) communicate to any person at any time any information obtained at those proceedings as to the number of the ballot paper sent to any person;

(c) attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number on any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(7) Any person who contravenes any of the provisions of this section shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

(Extracted from: Election Laws published by International Law Book Services as at 1 April 2009. Pages 28 – 30).

Commentary

Paragraph (2) is about maintaining secrecy of voting before the poll is closed.

Paragraph (3) mentions the prohibition of obtaining information and communicating information in the polling station

Paragraph (4) describes maintaining secrecy of voting and prohibition of communicating information obtained at counting.

Paragraph (5) describes the prohibition of communicating information t voters after he or she has received the ballot paper and before he or she has placed it in the ballot box.

Paragraph (6) is about maintaining secrecy of voting for postal voting.

Commentary on violations election laws

By issuing the ballot paper in sequence i.e. from top to the bottom of the ballot paper booklet, the clerk no. 2 and/or the Election Commission is violating the secrecy act (and committing an offence under Section 5 of the Election Offences Act 1954) since the votes can now be matched with the voter via the serial number on the ballot paper and the voter number on the electoral roll. By demanding the random issue of the ballot paper, you are protecting the secrecy of your votes, in accordance with paragraph (3) of the Elections (Conduct of Elections) Regulations 1981. You are also helping the next voter to protect his or her secrecy of vote as the whole sequence is broken and randomnised and hence the votes cannot be traced to the voters.

Solution: Do not accept the top ballot paper issued by the Election Commission clerk no. 2! Insist on selecting a ballot paper further down the booklet (i.e. from the bottom or the middle of the ballot paper booklet) to randomnise the issue of ballot papers. This will guarantee the secrecy of your vote!

Additional points to take note

You are entitled, under the following election laws

- Regulation 19 (Manner of voting) paragraph (2) and (3) of the Elections (Conduct of Elections) Regulations 1981; and

- Part II of the Electoral Offences under Section 5 of the Election Offences Act 1954,

to protect the secrecy of your vote, to ask for a different ballot paper, i.e. from a different page of the same booklet.

In the event clerk no. 2 refuses to adhere to your request

What happens if the Election Commission staff and/or clerk no. 2 refuses to comply with your request to randomnise the issue of ballot paper?

Answer: All Election Commission staff serving in a polling station has been sworn to secrecy through Form A - Oath of Secrecy.

Relevant sections are highlighted in bold, italics and underlined for emphasis. Refer to pages 28 – 30 of Election Laws Book published by International Law Book Services as at 1 April 2009.

Say to clerk no. 2 as per what is stated in the first table above.

Once the ballot paper is randomnised, the secrecy of your vote is assured. .

Clerk no. 2 will then hand over the ballot paper to the next officer, clerk no. 3.

In the event the Polling Stream Chief and/or clerk no. 2 refuses to give you a fresh ballot paper

If the Polling Stream Chief and/or clerk no. 2 refuses to give you a fresh ballot paper, show him the relevant Law & Regulation. (refer to Regulation 21 of the Elections (Conduct of Elections) Regulations 1981)*

* Source: Pages 133 of Election Laws Book published by International Law Book Services as at 1 April 2009.

Once you are satisfied with the ballot paper, you may proceed to the voting booth.

Voting booth

Inside the booth, mark X in the right hand box corresponding to the candidate you want to vote for. Then, fold the ballot paper neatly and drop it in the appropriate box for State and Parliament constituencies. Do not use any erasers. If the Election Commission uses special chemically-treated ballot paper, rubbing / erasing can cause smudges to the ballot paper, thereby renders your ballot paper spoilt, causing it to be rejected.

(Source: Tindak Malaysia website http://www.tindakmalaysia.com/ , Election Commission website http://www.spr.gov.my/eng/ and Election Laws Book published by International Law Book Services as at 1 April 2009)

Attachment: PAGE 131-132.pdf
Attachment: PAGE 28-30.pdf
Attachment: PAGE 133.pdf

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