Two new election offences in new Bill

comments     Susan Loone     Published     Updated

Two new election offences are among the various proposals in the amendment to the Election Offences Act 1954.

It will be an offence to obstruct or prevent a voter who is entitled to vote from voting at an election.

Also an offence is to vote at more than one polling station, whether in the same or different constituency.

The Bill was made available to the media today after it was read in the Dewan Rakyat last week.

There is also a proposal to raise the limit on a candidate or his/her election agents expenses in the course of an election.

Clause 14 which seeks to amend Section 19 of the Act, suggests that for a Dewan Rakyat seat election, the amount be increased from RM50,000 to RM200,000 and for a state legislative seat, from RM30,000 to RM100,000.

"The amount provided for at present is considered inadequate and unrealistic," the explanatory clause to the proposed amendment said.

Amendments to Section 35 of the Act state that a petitioner cannot make a claim for a declaration that any candidate was duly elected and ought to have been returned.

In addition, the new Section 35A stipulates that the trial of every election petition shall be completed not later than six months from the date the petition is presented.

And in the event of an election petition, the court cannot rule, as having been duly returned or elected, any other candidate, except the candidate whose return or election is complained of.

Corruption and unity

Another proposed amendment seeks to enhance the penalties for corrupt practices to ensure that the punishment commensurate with the offence.

Clause 10 seeks to amend Section 5 of the Act and sees the maximum term of 12 months imprisonment increased to two years and the maximum fine of RM1,000 increased to RM5,000.

Racial unity also gets a consideration in the proposed Section 4A which combines two existing provisions prohibiting categorically any person from doing any act or making any statement which may create feelings of ill-will, discontent or hostility among the population.



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