REPRESENTING YOUR VOTE: ELECTORAL ISSUES IN MALAYSIADanesh Prakash Chacko (Tindak Malaysia Network Services PLT)

TINDAK MALAYSIA : WHO WE ARE?• Successful in training

Polling & Counting Agents for 2013 elections

• Delimitation is one of our signature projects

• Working on preparing for GE14

Tindak call of Volunteers (Above) and Polling Agent Advert (Left)

IS THIS CARTOON TRUTHFUL?

• Is gerrymandering the only issue when it comes to redelineation?

• Or is it more?

BASICS OF MALAYSIAN ELECTORAL SYSTEM• Parliamentary style government• First Past the Post (FPTP) /Plurality• How to form a government?

ELECTORAL ISSUES IN MALAYSIAEC

Independence

•Currently, it is under PM’s office

Cleaning Electoral Roll•Dubious address, phantom voters

Unfair Redelineation•Redelineation not adhering the Constitution

Electoral Financing

•Issue of Foreign Donations etc.

In BRIEF

FUNDAMENTALS OF REDELINEATION• Redelineation• Gerrymandering• Malapportionment

EC’S HISTORY & INDEPENDENCE

Source : Malaysia Dateline

He (Former EC chief) said three re-delineation exercises of electoral borders, which were done during his time with the EC, had ensured Malays remained in power. "We did it in a proper way. Not illegally. The people who lost in the past general elections claimed that we did it wrong. But if we did, how did Barisan Nasional lose to the opposition in Kelantan, Penang and Selangor?" asked Abdul Rashid.

Source : The Malaysian Insider 25/11/2013

Is he saying the complete truth?

EC’S HISTORY & INDEPENDENCE1954 •Opted for FPTP and certain rural weightage

1955 •First nationwide Malayan elections

1957 •Initial Apportionment deviation : +/-15%

1960 •First attempt to remove EC chairman

EC’S HISTORY & INDEPENDENCE1962 •Rural Weightage Increased. EC loses final say on boundaries

1963 •Deliberate Interstate Malapportionment for new Malaysia

1973 •All limits of apportionment is removed. Parliament has power to add new seats

1973 •Excising KL from Selangor to safeguard Selangor from falling into opposition (until 2008)

EC’S HISTORY & INDEPENDENCE1984 •Redelineation upper interval limits removed altogether. Labuan became a separate parliamentary seat

2003 •Many Malay constituencies changed to mixed ethnic seats

2015 •Attempt to undo Sarawak redelineation failed

2016 •Record number of objections against the Redelineation proposals

REDELINEATION IN MALAYSIAN CONTEXT• What does 13th Schedule of the Constitution says?• State constituencies are not to cross state borders or federal

constituency limits• The constituency has sufficient administrative facilities to support the

election process• Constituency ought to have approximately equal population with one

another with exception for areas that have communication difficulties (rural areas)

• Constituency are ought to be drawn that maintain local ties

REDELINEATION IN MALAYSIAN CONTEXT• General

Process of how redelineation is done in current context

ANALYSING 2016/17 REDELINEATION

Source : Penang Institute, SPR Malaysia

ANALYSING 2016/17 REDELINEATION• Did the 2016/17 Redelineation Addressed

Malapportionment?

ANALYSING 2016/17 REDELINEATION

ANALYSING 2016/17 REDELINEATION

ANALYSING 2016/17 REDELINEATION

ANALYSING 2016/17 REDELINEATION2nd Round of Redelineation

Barisan Nasional

DAP PKR PAS & PAN

Below – 33% (gross over representation)

28 0 0 0

-15% - 33 % (1962 - 73 limits)

25 2 2 1

-15 % - 15 % (Ideal)

18 13 9 9

15 % - 33 % (1962 - 73 limits)

2 8 7 4

Over 33 % (gross under representation)

7 4 1 3* Selangor seats are not taken into consideration. Some seats are held now by Independents

Proposed 1st Round of Redelineation in Selangor has resulted in many super sized seats

It is no strange coincidence that super sized seats happen to be solid stronghold of PH government in Selangor (primarily affecting DAP seats)

ANALYSING 2016/17 REDELINEATION• Did it adhere the constitutional requirement of reviewing of

constituencies in Peninsular Malaysia for all states?

“In fact I was told they have decided to exclude Selangor in that entire exercise and that is against the law. And we will appeal, we will object if they continue to submit the review without Selangor,” he (Selangor MB Azmin) told reporters at the court complex here.

Source: Malay Mail 9th March 2017

ANALYSING 2016/17 REDELINEATION• Defects of EC Notice of Polling District

• Omission of polling district of 876 voters in Johor in the Second Redelineation Report• Adding new polling districts between Redelineation Reports• Changing of polling station population between Redelineation Reports

ANALYSING 2016/17 REDELINEATION

“With a little adjustment at the borders of Tangga Batu and Kota Melaka (parliament seats), God willing we can control voters who don’t support BN so that they’re not in these constituencies.” Melaka Chief Minister Idris Haron

Source : FMT 14th August 2016

ANALYSING 2016/17 REDELINEATION• Proving Gerrymandering?• Understand the shifts of polling stations with certain polling

tendencies• OR constituencies that do not preserve local ties

• When an objection is filed against EC, which one of these arguments can we use?

• Example: Inconveniences for Petaling Jaya Council

ANALYSING 2016/17 REDELINEATION• Johor

• Pagoh – Experienced the biggest drop in voter size in Johor where Muhyiddin is being penalized

• Perak

• Lumut will be expected to a BN seat in next elections

• Kuala Lumpur

• Lembah Pantai (PKR seat) at risk of switching in light of police voters

Proposed First Round of Redelineation in Selangor will result in a very weak PH government

WHAT ARE MALAYSIANS DOING ABOUT IT?• Record number of objections• Selangor State Government files a statewide objection • Local Councils of Selangor filed their own objections against

EC• Penang Government suing EC on ‘shocking information’• A failed attempt of voters across multiple states to strike

out EC’s local inquiries• 7 voters in Melaka filed a judicial review against EC

CASE STUDY: SARAWAK DELIMITATION• Two Rounds of Delimitation

(January & March 2015)• One month to object• Challenges:• Small scale map available• Electoral Roll too costly• Very limited information for

objection• Collaborated with Local

NGO to file an objection for one seat –providing maps

CASE STUDY: SARAWAK DELIMITATIONCourt Case on Redelineation (9 months battle)

State Assemblyman & Registered voter

(applicants) file a court case against EC

WHERE TO NEXT• Should redelineation proposal gets passed, the

outcome of GE 14 will be predetermined• May create a perception of election fight between

UMNO and DAP.• Entrenching racial politics for next two to three GEs.• The future of Malaysia is at best uncertain

REFERENCES• Wong Chin Huat (Penang Institute)• Dr Lim Hiong Lai (at Tindak’s 2014 Forum presentation)• Tindak Malaysia (Graphics)• Free Malaysia Today• Malaysiakini• YB Ong Kian Ming’s blog• SPR Malaysia (Redelineation Reports)