MP SPEAKS The announcement by Election Commission (EC) chairperson Abdul Aziz Yusof that all Malaysian registered voters residing overseas will soon be able to vote via post has reinforced the case that some of Bersih 2.0's Eight Demands can be implemented immediately, whether by way of new election by-laws or necessary legislative amendments in the October sitting of Parliament, without waiting for any parliamentary select committee.

The EC must therefore spell out, clearly and unequivocally with no “ifs” and “buts”, the electoral reforms based on Bersih’s Eight Demands that can be implemented immediately and in time for the forthcoming general election.

The demand that all Malaysian citizens living abroad should be able to exercise their right to vote is one of several reforms Bersih 2.0 proposed for “postal ballot” reform. The question is, why is the EC still sitting on the other proposals for postal ballot reform?

The second of the Eight Demands of Bersih 2.0 on “Reform postal ballot” states:

“The current postal ballot system must be reformed to ensure that all citizens of Malaysia are able to exercise their right to vote. Postal ballot should not only be open for all Malaysian citizens living abroad, but also for those within the country who cannot be physically present in their voting constituency on polling day. Police, military and civil servants too must vote normally like other voters if not on duty on polling day.

“The postal ballot system must be transparent. Party agents should be allowed to monitor the entire process of postal voting.”

The EC should state clearly whether it is prepared to accept these proposals for postal ballot reform that can be implemented without waiting for any parliamentary select committee:

•    Postal ballot should not only be open to all Malaysian citizens living abroad, but also to those within the country who cannot be physically present in their voting constituencies on polling day – particularly Sabahans and Sarawakians working in Peninsular Malaysia.

•    Members of the police and armed forces, and civil servants, must vote normally, like other voters if they are not on duty on polling day.

•    Party agents should be allowed to monitor the entire process of postal voting to ensure transparency.

The first of Bersih's Eight Demands to “Clean the electoral roll” can also be easily implemented if the EC is really independent, professional and has the constitutional integrity to ensure that the electoral system is free, fair and clean.

Bersih's demand on a clean electoral roll states:

“The electoral roll is marred with irregularities such as deceased persons and multiple persons registered under a single address or non-existent addresses. The electoral roll must be revised and updated to wipe out these ‘phantom voters’. The rakyat have a right to an electoral roll that is an accurate reflection of the voting population.

“In the longer term, Bersih 2.0 also calls for the EC to implement an automated voter registration system upon eligibility to reduce irregularities.”

In fact, the onus is on the EC, since electoral roll irregularities reflect most adversely on its efficiency, independence, professionalism and integrity.

This also raises the question why the EC is unable to take immediate action, without waiting for any parliamentary select committee, to clean up the electoral roll to remove deceased persons, multiple voter registration under a single address or non-existent addresses, and phantom voters.

There is also no acceptable reason why the EC has not been able to implement a system of automatic voter registration upon citizens becoming eligible to be voters.

Other examples of electoral reforms that can be implemented, without waiting for any parliamentary select committee, are proposals on the use of indelible ink and a minimum 21-day campaign period.

It is open secret that although the Constitution vests the EC with the powers and responsibilities to conduct elections, it is not unusual, especially in recent decades, for the prime minister, who decides when Parliament is to be dissolved, to also fix the polling date for the general election – which is subserviently complied with by the EC.

This is most unconstitutional as it is the prerogative of the EC to determine the nomination and polling dates for elections.

Shouldn’t the EC re-assert its independence, professionalism and integrity, and not bow to the dictates of the ruling parties or the prime minister of the day, in determining the dates for nomination and polling and the length of the campaign period for a general election?

Inter-related to this question is the concept of a “caretaker government” when Parliament is dissolved.

Is Prime Minister Najib Razak prepared to accept the concept of “caretaker government” and undertake that there would be no abuse of powers, including misuse of public funds, during the campaign period as caretaker prime minister and caretaker government, since they should be solely concerned with “day-to-day administration” from dissolution of Parliament till the establishment of a new government after general election?

LIM KIT SIANG is the DAP parliamentary leader.

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