Why Malacca polls can't be limited to only vaccinated individuals
Election Commission (EC) chairperson Abdul Ghani Salleh yesterday raised eyebrows when he mentioned that there would be vaccination conditions as part of the standard operating procedures (SOP) for the Malacca polls.
However, when asked to clarify later, Ghani (above) explained that all eligible Malaysians can vote but that they are only encouraged to be vaccinated rather than a rule...
Election Commission (EC) chairperson Abdul Ghani Salleh yesterday raised eyebrows when he mentioned that there would be vaccination conditions as part of the standard operating procedures (SOP) for the Malacca polls.
However, when asked to clarify later, Ghani (above) explained that all eligible Malaysians can vote but that they are only encouraged to be vaccinated rather than a rule.
Unlike the different benefits and restrictions accorded to fully vaccinated and unvaccinated individuals, voting is considered a right and not a perk.
Lawyers said requiring voters to be fully vaccinated is unenforceable under the Federal Constitution.
"The restrictions on whether to be counted as a voter are all prescribed under the Federal Constitution.
"One cannot put in additional conditions to become a voter or to be allowed to vote on any particular election just like that.
"That will be very much a question of constitutionality," lawyer Haniff Khatri Abdulla told Malaysiakini.
Under Article 119(3) of the Federal Constitution, there are only two conditions that a person of voting age can be disqualified as a voter.
The conditions are either the voter is of unsound mind or is being imprisoned for a crime during the election.
Haniff said the EC must instead work around those conditions.
For example, he said the EC can have multiple days of voting with certain days that can be limited to unvaccinated individuals.
Legality of polls can be challenged
Insisting on vaccination, Haniff added, could cause the legality of the Malacca polls to be challenged.
"It risks being challenged in court and declared invalid," echoed lawyer Andrew Khoo.
He said vaccination status was not a legitimate condition to determine the right to vote and the EC has to provide alternatives.
"To the best of my knowledge, no other country that has conducted an election during the last 18 months has denied those who are not vaccinated their constitutional right to vote," Khoo added.
Ghani had during a press conference in Malacca to announce details about the state polls yesterday said: "In terms of SOP at the polling stations, they will be tight. As we are aware, there will be vaccine, face mask, social distancing and other conditions".
However, he later clarified at the end of the press conference that all eligible Malaysians can vote and also issued a separate press statement denying a vaccine condition.
This prompted national news agency Bernama to send out a correction omitting the mention of a vaccine condition in its story.
Ghani maintained that the final SOP is not yet available.
The Malacca polls will take place on Nov 20. Ghani had during the press conference erroneously announced the polling day as Nov 28 on live television but later corrected it.
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