All Malaysians abroad may vote by post at GE

EC Amending Rules to Allow Postal Voting for all Malaysians abroad

Malaysians working and studying abroad may be able to vote in the coming general election if the Election Commission has its way.

However, certain amendments have to be made to the election laws before registered overseas voters can cast their votes by post.

Ec Chairman Tan Sri Abdul Aziz Mohd Yusof hoped that the system  could be implemented before the next general election.

Tan Sri Abdul Aziz also said the EC  was studying the legal aspects of using the biometric system and indelible ink, especially if the two methods were to be made compulsory for voters.

If so, the existing law needs to be amended in parliament,  he said at a briefing and question-and-answer session with the media organised by Bernama's Centre of Excellence today.

Abdul Aziz said the EC did not dismiss the possibility that the two methods would be used in the 13th general election as the EC had consultants and a panel of advisers to ensure transparency of the voting process if the amendments to the election law were passed by parliament on time.http://www.ntv7.com.my/7edition/local-

All Students Abroad may Vote, says EC

In a surprise announcement on 11 April 2012 –barely a week after the Parliamentary Select Committee (PSC) on electoral reforms finalised its report, the EC announced  that  all full-time students studying overseas have the right to vote pointing out  that the Malaysian embassies abroad  were not acting in accordance with the law in denying private funded students the right   to vote.  Previously the embassies only allowed government financed students to vote. All full-time students abroad are eligible to be registered as voters if they have proof that they are full-time students in accordance with the  Election (Registration of Electors) Regulations 2002.  The same right is accorded to their spouses.http://www.themalaysianinsider.com/malaysia/article/all-students-abroad-may-vote-says-ec/

The EC however did not spell out how these students can cast their votes.

Will Malaysians Overseas’ votes have a material effect on the forthcoming General Elections?

From various sources, there are more than 1 million Malaysians (including students) overseas

Number of Malaysians Studying abroad. 79,254

According to the statistics released by the Education Marketing Division, Higher Education Department, (Bahagian Pemasaran Pendidikan, JPT) there were a total of 79,254 students studying overseas in 2009-2010http://www.mohe.gov.my/web_statistik/statistik2010/BAB6_PELAJAR_MALAYSIA_DI_LUAR_NEGARA.pdf

Number of Malaysians  working or having their businesses abroad: Estimated at more than 1 million

According to a World Bank report, Malaysians residing and working overseas touched one million last yearhttp://www.malaysia-today.net/mtcolumns/newscommentaries/40220-brain-drain-one-million-malaysians-working-overseas

 http://thestar.com.my/lifestyle/story.asp?file=/2011/4/25/lifefocus/8090281&sec=lifefocus

Number of Malaysians  working or having their businesses in Singapore : 400,000 (being part of the 1 million above) http://www.loyarburok.com/2012/02/21/overseas-malaysians-matter-vote/

Malaysians in Singapore would not have any difficulties in making their way back across the causeway to cast their votes.

According to the PSC Chairman, there are some 2,000 registered voters overseas http://www.themalaysianinsider.com/malaysia/article/psc-gives-ec-three-months-to-enable-overseas-voting

Total number of Registered Voters in Malaysia of 11.82 million

http://www.themalaysianinsider.com/malaysia/article/number-of-registered-voters-now-at-11.82m/

With more than a million are Malaysians overseas.

This is nearly 8% of the total number of registered voters in Malaysia.

Rights of Overseas Malaysians to Postal Voting

Your Right to Vote

Article 119 of the Federal Constitution  provides that every citizen who has attained the age of twenty- one years on the date the electoral roll are prepared and is resident in a constituency on such a date or, if not so resident, is an absent voter

An absent voter means in relation to any constituency any citizen who is registered as an absent voter in respect of that constituency under the provisions of any law relating to elections.http://en.wikisource.org/wiki/Constitution_of_Malaysia#Article_119

Who is an Absent Voter

The Federal Constitution did not define who is an absent voter.  The Elections act 1958 however empowers the Election Commission to prescribe facilities for voting by post and the persons entitled to vote  by post as an absent voters.

Section 16 Elections Act empowers the EC and EC gazetted the Elections  (Postal Voting) Regulations 2003 setting up provisions relating to an absent voter. An absent voter is:

(1) a member of any regular armed force of Malaysia or a Commonwealth;

(2) a Malaysian public servant stationed overseas;

(3) a full-time student in higher education;  and

(4) a member of any category of person designated as postal voters by the Election Commission from time to time  by notification in the Gazette.

As a direct result of the demand of civil society for electoral reforms and the allegations of phantom voters, the government set  up  the the Parliamentary Select Committee (PSC) in October last year.

The nine-member PSC - five from Barisan Nasional, three from the Opposition and one Independent MP - started work on the report on Oct 2 last year.

 On April 3, 2012,the psc submitted its final report to Parliament.

The Report gave the Election Commission (EC) three months to formulate a mechanism to enable overseas voting for all Malaysians abroad.http://www.themalaysianinsider.com/Malaysia/article/psc-gives-ec-three-months-to-enable-overseas-voting 

The PSC said the three-month period would come into force from the date the report is approved by parliamentarians in the Dewan Rakyat.

“The committee recommends that the EC discusses with the authorities involved within three months from the date this report is passed by the House to enable the above requirements be enforced through the formulation of a legal framework,” the PSC said in the report tabled for debate in Parliament this morning.

The panel added that the proposal for overseas voting would involve several amendments to present laws, including section 16 of the Elections Act 1958, Election Offences Act 1954, Elections (Conduct of Elections) Regulations 1981, Elections (Registration of Electors) Regulations 2002 and Elections (Postal Voting) Regulations 2003.

 The Dewan Rakyat passed the Report without debate on 15 April 2012. 

Members from the opposition were ejected from the House when they insisted on a minority report to be inserted into the PSC Report. 

This effectively slammed shut all debates on the report and it was railroaded through Parliament.http://www.nst.com.my/latest/psc-report-on-electoral-reforms-passed-in-parliament-1.70331

Implementations of the PSC Recommendations and Future Posts

In accordance with the PSC recommendation, the EC is supposed to formulate a mechanism to enable overseas voting for all Malaysians abroad within three months.  This Blog will keep  track of  all the steps taken by the EC to implement the PSC Recommendations, including detailing  the necessary procedures to be adopted to be registered for postal voting.