Elections in Malaysia

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Elections in Malaysia exist at two levels: federal level and state level. Federal level elections are those for membership in the Dewan Rakyat, the lower house of Parliament, while state level elections are for membership in the various State Legislative Assemblies. The heads of executive branch at both the federal and state levels, the Prime Minister and Menteri Besar/Chief Ministers respectively, are indirectly elected, usually filled by a member of the majority party/coalition in the respective legislatures.

While any state may dissolve its assembly independently of the Federal Parliament, the traditional practice is for most state assemblies to be dissolved at the same time as Parliament, with the exception of Sabah and Sarawak, although these two states had held elections simultaneously with the rest of the country, as it is the case for Sabah in the 2004, 2008 and 2013 elections, and Sarawak in the 1969 and 1974 elections.

Federal level

At the federal level, voters elect the 222-member House of Representatives (Malay: Dewan Rakyat, literally "Hall of the People") of the bicameral Parliament. Members are elected from single-member constituencies drawn based on population using the first past the post system. The party that has the majority of the House of Representatives will form the federal government.

The Constitution of Malaysia requires that a general election must be held at least once every five years. However, the Prime Minister can ask the Yang di-Pertuan Agong to dissolve the Parliament at any time before this five-year period has expired. A general election should be held no later than two months in West Malaysia and three months for East Malaysia (Sabah and Sarawak) after the dissolution of the Parliament.

Since independence, the winner of the parliamentary election has always been the Barisan Nasional (National Front, abbreviated BN; once known as the Alliance), a coalition of fourteen parties. The 1969 election saw the first time the Alliance failed to attain a two-thirds majority in Parliament (two-thirds majority being the majority required to pass most constitutional amendments), which happened again in the 2008 and 2013 elections, the latter also saw the BN losing the popular vote while retaining the majority of seats.

State level

At the state level, voters elect representatives to the Dewan Undangan Negeri (State Legislative Assembly). The number of representatives varies between the different states, with as many as 71 electorates in Sarawak and as little as 15 in Perlis. Members are elected from single-member constituencies drawn based on population using the first-past-the-post system. State assembly constituencies are usually smaller (in area and population) than the parliamentary constituencies. The party that forms the majority of the state assembly will form the state government.

Usually, state elections are held simultaneously with the parliamentary election but each state can decide when to hold its election. This is because state assemblies are dissolved by their respective Ruler or governor on the advice of the chief minister of the state. For example, following the 1977 Kelantan Emergency, a snap election was called in Kelantan in March 1978, months ahead of the general election in July 1978. A more recent example is that in the 1999 general election, the state elections of the 11 states on Peninsular Malaysia were held simultaneously with the parliamentary election while the state elections of Sabah and Sarawak were held at different dates. In the 2004 and 2008 general elections, the state election of Sabah were held simultaneously with the parliamentary election as well, but Sarawak held its state election in 2006 and 2011.^[1]

Before the 2008 elections, the Barisan Nasional and its predecessor the Alliance controlled most of the state assemblies in every election, while occasionally losing some states, most notably Kelantan which was controlled by the Pan-Malaysian Islamic Party (PAS) from 1959 to 1978 (the last four years as part of BN) and again since 1990. The worst result for the Alliance was in 1969, when it lost its majority in Perak, Selangor and Penang in addition to Kelantan. In the 2008 elections, in addition to Kelantan, BN lost four states (Penang, Kedah, Perak and Selangor) to the loose coalition of opposition parties (later known as the Pakatan Rakyat (People's Pact, abbreviated PR)) composed of PAS, Democratic Action Party (DAP) and People's Justice Party (PKR). Perak was returned to BN control in 2009 following a constitutional crisis. In the 2013 elections, BN recaptured the state of Kedah, leaving Kelantan, Penang and Selangor in PR control.

Local government elections

Although there used to be elections for members of local governments such as municipal councils, today, no local government elections are held in Malaysia. Local government elections were suspended after the Indonesia-Malaysia confrontation in 1964. The suspension was never lifted and instead made permanent under the Local Government Act 1976. Under the Act, or the laws of individual states where relevant, local government members are appointed by the state government.^[2]

After Minister and People's Progressive Party President M. Kayveas raised concerns about local governments in late 2005, some suggested reviving local government elections. However, in an opinion column, the New Straits Times (owned by the United Malays National Organisation or UMNO, leading party of the Barisan Nasional) quoted a professor from Universiti Kebangsaan Malaysia as saying that such elections would not be brought back because "policymakers know from experience worldwide that the Opposition tends to dominate such councils as part of the electorate's desire for checks-and-balances." The professor also stated that due to required constitutional changes, it would be difficult for such amendments to pass muster in Parliament. The column also quoted a government ministry as saying that "holding elections are expensive affairs".^[3]

As of 2008, the Pakatan Rakyat states' governments would like to implement the local government election in their states. However, these was not carried out due to the Federal Constitution which prohibit the implementation.

By-elections

In addition to general elections, a by-election occurs when a particular seat in the Dewan Rakyat becomes vacant. Such a vacancy can occur when, an MP dies, and an MP is disqualified from being a member of the Dewan Rakyat; •a seat is declared vacant because the MP has been absent from every sitting of the Dewan Rakyat for a period of six month months without leave of the Dewan Rakyat, and the members of the Dewan Rakyat have decided to declare the seat vacant. The exception is if the vacancy occurs when the tenure for the current Parliament or state assembly is less than two years, where the seat is simply left vacant until the next general election.

Electoral district boundaries

It is the role of the Election Commission to draw, review and re-delineate electoral district boundaries. The last delineation was made on 21 March 2003.^[4] As of 2013, there are a total of 222 parliamentary districts and 576 state assembly districts in Malaysia.^[4] The EC has been accused of practising gerrymandering during delineation exercises.^[5][6]

Under Article 113 of the Constitution of Malaysia, the EC may conduct a review and recommend changes to electoral boundaries at an interval of not less than 8 years from the last review and delineation.^[7]

Election process

Elections are supervised by a seven-member Election Commission. Its members are appointed by the Yang di-Pertuan Agong following the advice of the Prime Minister.

Nomination process

Nomination centres are set up in various locations by the Election Commission to allow candidates to register themselves. Typically any Malaysian citizen may register as a candidate as long as he is not disqualified from doing so. He or she does so by filing the appropriate forms and placing a monetary deposit. The deposit was RM5000 to contest a parliamentary seat, or RM3000 to contest a state assembly seat. This amount was changed to RM 10,000 and RM 5,000 respectively in 2004. Additionally in 2004 it was required that each candidate provide a RM 5,000 deposit for cleaning up banners and posters after the election. This increase is seen by some as having led to the government winning a record number of seats without contest in 2004 (17 parliamentary seats were won without contest). The deposit is used to pay for infringements of election laws and is returned after polling day unless the candidate loses and fails to garner more than 1/8 of the vote.^[8]

As of the 2004 elections, candidates may have a lawyer present at these proceedings. Some candidates have been disqualified from previous elections as they lacked the competence to fill in the forms correctly.

In 2004 candidates were given 1-hour to fill in and return their nomination forms as opposed to 2 hours previously. This led to disqualification of certain candidates who were unaware of the change.

Campaigning

The campaign period permitted by law runs from the date of nomination day until polling day. Campaigning amongst opposition parties is often hampered by a lack of access to government-controlled media. Prior to the 1999 general election, opposition parties were given a brief period of airtime on the public Radio Television Malaysia (RTM) radio stations to broadcast their manifestoes. However, the government announced a change of policy in 1999, insisting that as RTM was government-owned, preference would be given to government parties.^[9]

Election day

On election day, registered voters may cast their ballot for their chosen candidate in a designated voting centre. These voting centres are typically schools or community centres which have been procured for that day. All activities in the school are suspended for that day. Holidays are also declared in states where election day does not fall on a weekend to allow maximum turnout.

Certain political parties will provide transport for voters to and from the voting centre. While campaigning is not allowed on election day, transportation is seen as something of a social service, especially since many people did not have a personal means of conveyance until the last decade or two, as of 2004.

No campaigning or advocacy for candidates is allowed within a voting centre. However, just outside the gate of most voting centres, there will be people plugging the various candidates.

Agents

Each candidate is allowed one agent per voting centre. Their job starts early and begins by inspecting that the metal ballot boxes have not been tampered. They also ensure that the boxes are securely locked before voting begins. After locking, the boxes are sealed by the election commission and each agent may place their own seal on the box.

The agents also ensure that the ballot papers given out to voters do not contain markings. In the past certain parties have marked the ballot papers for their own candidates. This will result in a spoilt vote which is discarded during counting. Some ballot papers have been coated with waxy surfaces to prevent voting for certain candidates. The agents ensure that these events do not occur.

The last task of the agent is to ensure that, on the close of voting, the ballot boxes are still secure and the seals are intact. This may be done at a designated counting centre instead of the voting centre. The boxes are opened once the agents are certain that there is no tampering.

Voting process

Only registered voters may vote in elections. Any Malaysian citizens above 21 years old must register in the voters' registry with the Election Commission via any offices affiliated with the Election Commission, post offices with computerised facilities or specified counters, before he or she could vote in elections.

After identity verification at a voting centre, each voter receives two paper ballots, one for the parliamentary seat of the constituency and another for the state assembly seat. In federal territories, where there is no state assembly, and states whose state election is held on a different date, each voter receives only one ballot for the parliamentary seat.

Each voter walks into individual booth to mark ballots while maintaining confidentiality. The voter marks on each ballot the candidate of his or her choice with a cross beside the candidate's name and party symbol. After finish marking, the voter folds the ballots and drops them into separate ballot boxes for parliamentary and state assembly seats.

Counting and announcement of election results

After the close of voting the election agents check the ballot boxes prior to opening and counting. They also monitor the counting to ensure that the total ballots are the same as the number of votes cast. This extends to checking the number of "double votes". Every ballot paper has a serial number on it and they are given out sequentially. Agents may check that the serial numbers match up. The counting of the ballots is done by hand.

After a count at the voting centre the boxes are transported to the counting centre for a second count. If all candidates agree to the count then it stands or else an immediate re-count is done at the counting centre.

Election results are announced through live broadcasts by radio and television stations. Some newspapers print special editions to cover the election results. In most constituencies, the results will be out on the night of the election day. In some rural constituencies and constituencies that need recounts, the results may not be announced until the next day.

Election offences

There are a few offences under election law. Most of these pertain to acts which induce a voter to cast his ballot for a candidate. It is also an offence to use these actions to induce voters not to cast ballots at all. These offences extend to using third parties as agents to commit them.

• It is an offence to provide food, drinks or refreshments with a view to induce voters to either vote for a particular candidate or not vote at all.
• It is illegal to provide monetary rewards for voting for a certain candidate.
• It is an offence to threaten a person to vote for a candidate or not to vote. In 2004 this was extended to include "spiritual threats". This was due to the Islamic Party of Malaysia(PAS) told citizens in less developed parts of the country not voting for the PAS is forbidden and that a vote for them would be rewarded by God.
• It is an offence to obstruct passage to and from a voting centre. Setting up a location for any candidate within 50 yards (50 m) of the voting centre is an offence. Similarly, loitering in this zone is also an offence. Only voters are allowed in this zone on voting day.
• It is technically an offence to provide transportation to a voting centre. However, this is not normally enforced as all parties do this to some degree. It is a further offence to use a vehicle that is normally rented out (such as a taxi or hired bus) to provide such transportation. The only exception to this is that it is allowed to provide for the crossing of rivers. No passengers of any vehicle can be forced to alight within 50 yards (46 m) of a candidate's booth on voting day.
• Each candidate is not allowed to spend more than RM 200,000 (parliamentary) or RM 100,000 (state) for campaigning under Section 19 of the Elections Offences Act, 1954.

List of General Elections in Malaya and Malaysia

Latest election

 Summary of the 5 May 2013 Malaysian Dewan Rakyat election results

Political Party				Votes	% of vote	Seats	% of seats	+/–
	National Front		BN	5,237,699	47.38	133	59.91	7*
		United Malays National Organisation	UMNO	3,252,484	29.42	88	39.64	9
		Malaysian Chinese Association	MCA	867,851	7.85	7	3.15	8
		Malaysian Indian Congress	MIC	286,629	2.59	4	1.80	1
		United Traditional Bumiputera Party	PBB	232,390	2.10	14	6.31
		Malaysian People's Movement Party	Gerakan	191,019	1.73	1	0.45	1
		Sarawak United People's Party	SUPP	133,603	1.21	1	0.45	5
		United Sabah Party	PBS	74,959	0.68	4	1.80	1
		Sarawak People's Party	PRS	59,540	0.54	6	2.70
		Sarawak Progressive Democratic Party	SPDP	55,505	0.50	4	1.80
		United Pasokmomogun Kadazandusun Murut Organisation	UPKO	53,584	0.48	3	1.35	1
		Liberal Democratic Party	LDP	13,138	0.12	0	0.00	1
		United Sabah People's Party	PBRS	9,467	0.09	1	0.45
		People's Progressive Party	PPP	7,530	0.07	0	0.00
	People's Pact		PR	5,623,984	50.87	89	40.09	7
		People's Justice Party	PKR	2,254,328	20.39	30	13.51	1
		Democratic Action Party	DAP	1,736,267	15.71	38	17.12	10
		Pan-Malaysian Islamic Party	PAS	1,633,389	14.78	21	9.46	2
	State Reform Party		STAR	45,386	0.41	0	0.00
	Pan-Malaysian Islamic Front		Berjasa	31,835	0.29	0	0.00
	Sarawak Workers Party		SWP	15,630	0.14	0	0.00
	Sabah Progressive Party[lower-alpha 1]		SAPP	10,099	0.09	0	0.00	2
	Love Malaysia Party		PCM	2,129	0.02	0	0.00
	Homeland Human's Wellbeing Party		KITA	623	0.01	0	0.00
	Malaysian United People's Party		MUPP	257	0.00	0	0.00
	Independents		IND	86,935	0.79	0	0.00
Valid votes				11,054,577
Invalid/blank votes				202,570
Total votes (voter turnout: 84.84%)				11,257,147	100.0	222	100.0
Did not vote				2,010,855
Registered voters				13,268,002
Ordinary voters				12,885,434
Early voters				235,826
Postal voters				146,742
Voting age population (aged 21 years and above)				17,883,697
Malaysian population				29,628,392
Source: Election Commission of Malaysia Source: Nohlen et al.

General, State and By-elections

Elections in Malaysia General elections 1955 1959 1964 1969 1974 1978 1982 1986 1990 1995 1999 2004 2008 2013 next State elections 1954 1955 1959 1963 1964 1967 1969 1971 1974 1976 1978 1979 1981 1982 1983 1985 1986 1987 1990 1991 1994 1995 1996 1999 2001 2004 2006 2008 2011 2013 Local elections 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 See also: Elections in Johor Kedah Kelantan Kuala Lumpur Labuan Malacca Negeri Sembilan Pahang Penang Perak Perlis Putrajaya Sabah Sarawak Selangor Terengganu Template: By-elections State elections

State elections in Malaysia Kelantan 1978 Sabah 1964 (indirect) 1967 1971 1976 1981 1985 1986 1990 1994 1999 2004 2008 2013 Sarawak 1963 (indirect) 1969 1974 1979 1983 1987 1991 1996 2001 2006 2011 Next Selangor 2013 Next Singapore 1963

By-elections in Malaysia Parliamentary Kampar 1960 Telok Anson 1961 Kuala Trengganu Selatan 1962 Lipis 1962 Muar Selatan 1963 Bachok 1964 Seberang Selatan 1964 Kuantan 1966 Krian Laut 1966 Bruas 1966 Kelantan Hilir 1967 Raub 1967 Pasir Mas Hulu 1967 Segamat Utara 1968 Malacca Selatan 1971 Kapar 1971 Bau-Lundu 1971 Lipis 1972 Ulu Selangor 1972 Rembau-Tampin 1972 Kuala Kedah 1973 Johore Timor 1973 Rajang 1974 Selayang 1975 Pekan 1976 Kemaman 1976 Kimanis 1977 Panti 1977 Keningau 1977 Pontian 1978 Pelabuhan Kelang 1979 Mukah 1980 Paloh 1981 Kimanis 1981 Sri Gading 1981 Ulu Muda 1983 Tampin 1983 Seremban 1983 Padang Terap 1985 Ulu Padas 1985 Lubok Antu 1987 Limbawang 1987 Gopeng 1987 Johor Bahru 1988 Ampang Jaya 1989 Bentong 1989 Jerai 1991 Gua Musang 1995 Bagan 1995 Lipis 1997 Telok Intan 1997 Kuala Selangor 1997 Arau 1998 Telok Kemang 2000 Pendang 2002 Gaya 2002 Permatang Pauh 2008 Kuala Terengganu 2009 Bukit Gantang 2009 Hulu Selangor 2010 Sibu 2010 Batu Sapi 2010 Bukit Gelugor 2014 Teluk Intan 2014 Rompin 2015 Permatang Pauh 2015 State assemblies Plentong 1959 Sri Lalang 1960 Grik 1960 Kota Tengah 1960 Pontian Kechil 1961 Gemas 1962 Rantau Panjang 1962 Port Swettenham 1963 Pahang Tua 1963 Telok Datoh 1963 Balik Pulau 1963 Jelai 1964 Tumpat Tengah 1964 Jitra 1965 Ayer Itam 1965 Rahang 1965 Sungei Bahru 1966 Kampong Bahru 1967 Tampoi 1967 Baling Barat 1968 Ranau 1968 Bachok Utara 1968 Bukit Serampang 1968 Pendang 1968 Serdang 1968 Parit Buntar Engkilili Bekok 1971 Yan-Merbok 1971 Pelagus 1971 Batu Rakit 1971 Sidam 1971 Muda 1971 Tumpat Barat 1972 Sebandi 1973 Kota Bharu Tengah 1973 Elopura 1973 Johore Lama 1973 Kajang 1973 Kuala Nerus 1973 Kuching Barat 1973 Lundang Sri Lalang Pasir Puteh Tengah 1974 Bandar Kangar 1974 Sungei Bahru 1974 Parit Bakar 1974 Alor Pongsu 1974 Merbok 1975 Kuala Kinabatangan 1975 Labuan 1975 Lahad Datu 1975 Lunas 1976 Kiulu 1976 Moyog 1976 Tanjong Aru 1976 Bandar Penggaram 1977 Balingian 1977 Bertam 1977 Parit Jawa 1977 Kenering 1977 Matunggong 1977 Jempol 1977 Morib 1978 Kampong Jawa 1978 Titi Tinggi 1978 Machan 1978 Kampong Kolam 1978 Muara Tuang 1979 Kuala Besut 1979 Ranau 1979 Kemabong 1980 Sugut 1980 Bukit Raya 1980 Pengkalan Kota 1980 Bengkoka 1981 Sebandi 1981 Sipitang 1981 Balung 1981 Kunak 1981 Lumadan 1981 Ulu Muar 1981 Gemencheh 1982 Tandek 1982 Usukan 1982 Kepayang 1982 Binjai 1982 Banggi 1983 Kenering 1983 Bandar Raub 1983 Tamparuli 1983 Kemumin 1983 Selising 1983 Rungkup 1983 Tambunan 1984 Bandar Maran 1986 Sukau 1986 Balung 1986 Buang Sayang 1986 Karamunting 1986 Batang Ai 1986 Oya 1986 Sulaman 1986 Bukit Tuku 1987 Usukan 1987 Bongawan 1987 Tanjong Puteri 1988 Parit Raja 1988 Teluk Pasu 1989 Tambatan 1989 Teruntum 1989 Sungai Besar 1989 Ranau 1989 Pantai Merdeka 1990 Kuala Linggi 1990 Kijal 1990 Sipitang 1990 Sulabayan 1990 Bayu 1991 Usukan 1991 Prai 1991 Limbongan 1991 Sungai Pinang 1991 Serkam 1991 Jerlun 1991 Bukit Payung 1992 Batu Kawa 1992 Batu Talam 1993 Kampung Raja 1993 Sementa 1994 Lundang 1994 Shahbandar Raya 1994 Sulabayan 1995 Bukit Asahan 1996 Pulai Chondong 1997 Bukit Begunan 1997 Repah 1997 Kemena 1997 Permatang 1997 Melekek 1997 Semerak 1997 Kidurong 1997 Changkat Jering 1997 Sungai Bakap 1997 Sanggang 2000 Lunas 2000 Indera Kayangan 2002 Ketari 2002 Anak Bukit 2002 Kuala Berang 2004 Ba'Kelalan 2004 Pengkalan Pasir 2005 Batu Talam 2007 Machap 2007 Ijok 2007 Batang Air 2009 Bukit Selambau 2009 Penanti 2009 Manek Urai 2009 Permatang Pasir 2009 Bagan Pinang 2009 Galas 2010 Tenang 2011 Kerdau 2011 Merlimau 2011 Kuala Besut 2013 Sungai Limau 2013 Kajang 2014 Balingian 2014 Pengkalan Kubor 2014 Chempaka 2015

See also

• Electoral calendar
• Electoral system
• List of the winning political parties in the Malaysian general election by parliamentary constituency

Notes

References

• Chin, James. 2002. "Malaysia: The Barisan National Supremacy." In David Newman & John Fuh-sheng Hsieh (eds), How Asia Votes, pp. 210–233. New York: Chatham House, Seven Bridges Press. ISBN 1-889119-41-5.
• Chow, Kum Hor (8 October 2005). "'Third government' is ratepayers' bugbear". New Straits Times, p. 18.
• Crouch, Harold. 1996. Government and Society in Malaysia. Ithaca, NY; London: Cornell University Press. ISBN 0-8014-8310-7.

External links

• Adam Carr's Election Archive

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Elections in Malaysia General elections 1955 1959 1964 1969 1974 1978 1982 1986 1990 1995 1999 2004 2008 2013 next State elections 1954 1955 1959 1963 1964 1967 1969 1971 1974 1976 1978 1979 1981 1982 1983 1985 1986 1987 1990 1991 1994 1995 1996 1999 2001 2004 2006 2008 2011 2013 Local elections 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 See also: Elections in Johor Kedah Kelantan Kuala Lumpur Labuan Malacca Negeri Sembilan Pahang Penang Perak Perlis Putrajaya Sabah Sarawak Selangor Terengganu Template: By-elections State elections