Sunday, January 20, 2013

39. Illegal Voters and Concerns raised following the RCI allegations

Illegal Voters and Concerns raised following the RCI allegations

January 21, 2013     http://www.niei.org.my/archives/1067
By
NIEI Press Statement:
The National Institute of Electoral Integrity (NIEI), views with concern on the recent allegation of Illegal Voters as raised current concern as raised at the recent session of the Royal Commission Inquiry on Illegal immigration in Sabah.

NIEI in its 2012 National Voter Registration Audit report have pointed out on the Likas Election Petition No.K 11 of 1999 as per the Judgement by Justice Muhammad Kamil in the year 2000 and the following inclusion of an Ouster Clause Section 9A into the Election Act 1958 as the benchmark over the decline of public confidence on the veracity and completeness of the Electoral Roll.
In the ELECTION PETITION NO. K 11 OF 1999 by Datuk Harris Salleh, the President of Bersekutu, have alleged that the 1998 Election Rolls which were used in the State Election in March 1999 for N13 Likes Constituency was illegal as it contained the names of non-citizens and persons who had been convicted for possession of fake identity cards. It is to be noted that the Likas Judgement is an Election Petition and parties still have the right to challenge the result of an election and adduce proof of non-citizen voters in the Electoral Roll.
It is however to be noted that election in Malaysia have since became a heavily contested subject due to finding of Justice Kamil and political parties and organisations have conducted serious scrutiny on the Electoral Roll and raised many concerns. It have now become a serious pre-election subject and the concerns raised by political parties are legitimate due to fear of fraud and its constant call for a level playing field beside the post election remedy.
NIEI is of the view that the inclusion of Section 9A have reduced the judicial scrutiny over the complaints and challenge raised on the existence of illegal voters as Judicial Review is an important administrative law to supervise and act on Ministeries and Statutory bodies.
NIEI is of the view that despite the current process of rectifying the Electoral roll for illegal voters is satisfactory and as per standards and in recognition of data protection and right to vote, the pre-election process of seeking judicial intervention over disputes over the content of the roll as officially challenged by parties remain silent. Judicial Review is a second chance for the political parties to review the decision made by the authority in question on a complaint made.
The current practice is that political parties have a right to challenge dubious names found in a public gazette and the Election Commission will call on the person in question for an inquiry and failing to attend or respond to the inquiry will result in the name of the person be removed. The concern parties including citizens also have the right to challenge the result of an electoral constituency through an Election Petition as per the Likas precedent.
NIEI views that Section 9A is a controversial section as it contains both the right to judicial scrutiny and the right to election as dictated by democracy as a legal challenge on the Electoral roll on discrepancies and errors carries the risk of halting the election process for years and without any conclusion due to the margin of error and continuous changes in the data.
NIEI therefore calls for a review on Section 9A to include Judicial review on the Electoral Roll’s quarterly gazzete on allegations of illegal voters as in non-citizens and those convicted of identity card fraud. The Judicial Review should only be limited to all official complaints and documents submitted. NIEI also hereby clarify that names and incompleteness in the Electoral roll shall be treated as an administrative error due to the nature of the electoral roll that the current administration inherited since Independence through various systems of documentation and management as well as changes in laws.
NIEI is of the position that all errors and incompleteness in the Database shall only be dealt with by the voter him/herself due to protect 3rd party interference and meddling with the data that is purely the right of the registered voter due to data privacy and protection.
We also call for a quicker death reporting mechanism with direct police to Election Commission reporting to remove names of death persons as well as a special category of Missing persons on the Electoral Roll to identify voters who can’t be found or traced by family member or police. All names of voters on the electoral roll with the age of 100 and above must be treated with care due to the lack of death reporting and documentation in the past.
The incompleteness also must be viewed with care due to the current practice of recording registration forms as per what submitted by the voter or the party agents who conduct ground registration.
Please refer to Background document for details (page: 4 or Download NIEI Voter Registration Audit Report : Full document available at www.pilihanraya.info)
Recommendations
NIEI in its 2012 report recommended a Database Department at all Local Council Department and village Head as the primary registrar to register, maintain and manage the electoral roll with power to regularly inspect and edit the roll regularly on changes in address and voting location as well as deceased voters before a final gazette of the electoral roll. The Election Commission shall be responsible to gazette the final electoral roll maintained by the Database Department. The EC shall also serve as an oversight and managing body to train and prescribe procedures and expert assistance to the Database Department and its officers. NIEI propose a burden and responsible sharing mechanism to maintain this important and sensitive national document.
NIEI also calls on to amend the Election Act 1958 to allow for full gazette of the Electoral Roll and ensure that the Electoral Roll be disseminated via multiple means including the internet and to be made available for public inspection with a clear 14 days notice for objection through a Voter Information Notice. The Notice shall be posted in each locality in every public place and a personal notice via post to be sent to all senior citizens and disabled persons. The announcement of the notice, the location of the pasted notice and the time line and procedure of protest of the posted list must be announced in the local newspaper and media within a reasonable time.
NIEI is the process of studying the best practice for voter registration and management in sensitive areas especially border states due to likelihood of false registration.
NIEI states that all recommendations and proposals shall only be dealt with after the 13th General election due to principle stated in the Electoral-Cycle process that NIEI applies in its operation. NIEI views that reform and improvement is permanent and continuous and guided by international standards and objective studies.
All allegations on the issuance of the fake identity cards were deemed as a criminal act and must be dealt with criminal investigation and procedure.
Released by
K.Shan
Chairman, NIEI
Background
NIEI Voter Registration Audit Report : Full document available at www.pilihanraya.info
NIEI is its National Audit on the Electoral Roll found a total of 92% of the selected addresses was successfully identified.
Around 8% of few unique cases were found to be of unidentified addresses such as; the building/ house/ settlement that had been demolished for newly created residences. From the 92 % of identified voters, around 69% of voters do not reside in their registered addresses.
The high number of non-resident voters was due to rapid development and mobility of people and weak voter transfer mechanism,as well as the existence of voter transfer and clustered voter registration process by the political parties to maintain support base and territory. It is also attributed to a high number of voters as in 53 % who only check their registration status during election period that is deemed to late for any changes to be reflected on the Electoral Roll.
Section 9A Election Act 1958. Certified or re-certified electoral roll shall be deemed to be final.
After an electoral roll has been certified or re-certified, as the case may be, and notice of the certification or re-certification has been published in the Gazette as prescribed by regulations made under this Act, the electoral roll shall be deemed to be final and binding and shall not be questioned or appealed against in, or reviewed, quashed or set aside by, any court save that where an election petition has been presented to the High Court pursuant to section 34 of the Election Offences Act 1954 and where reliefs claimed include a scrutiny as provided for in subsection 35(d) of the Election Offences Act 1954, the electoral roll may be subject to scrutiny by the Election Judge who shall make any order pertaining to the electoral roll as he deems necessary.

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