• The Election Commission has no power to illegally conduct a delimitation exercise without going through proper constitutional procedures

    Media Statement by Dr. Ong Kian Ming, Member of Parliament for Serdang on the 20th of July, 2016

    The Election Commission has no power to illegally conduct a delimitation exercise without going through proper constitutional procedures

    According to Article 113 (2) of the Federal Constitution, if the Election Commission wants to redraw the constituency boundaries of any seat via a delimitation exercise, be it at the parliamentary or at the state constituency level, it has to comply with the procedures and provisions contained in the 13th Schedule of the Federal Constitution. This includes notifying the Speaker of the House and the Prime Minister, publishing a notification of the start of the delimitation in the Gazette as well as in a national newspaper.

    We have good reason to believe that the notice published in the Gazette on the 29th of April, 2016 listing the polling districts and polling centers for the federal and state constituencies in Peninsular Malaysia is actually a ‘delimitation by stealth’ illegal exercise conducted by the Election Commission.

    The Election Commission has the right to create new polling districts and to shift voters between polling districts within the same constituency as per Section 7 of the Elections Act 1958. But the EC does not have the right to shift voters from one constituency to another, be it at the state or federal level, unless it is in the context of a delimitation exercise.

    A blatant example of this illegal delimitation exercise conducted by the Election Commission is in the state seat of N6 Kuala Kubu Baru in the parliamentary seat of P94 Hulu Selangor in the state of Selangor. A total of 14 localities with 5590 voters were moved from the N7 Batang Kali state constituency (won by UMNO in GE2013 with a 5398 vote majority) to the N6 Kuala Kubu Baru state constituency (won by DAP with a 1702 vote majority) as a result of this illegal delimitation exercise. A total of 2 localities with 56 voters were moved from N6 Kuala Kubu Baru to N7 Batang Kali.[1] As a result, the number of voters in N6 Kuala Kubu Baru has increased from 21,186 in GE2013 to 26,720 which represents a whopping increase of 26.1%. At the same time, the number of voters in N7 Batang Kali has decreased from 43578 in GE2013 to 38044 representing a decrease of 12.7%. (See Table 1 below).

    We cannot help but to suspect that this is a strategy being used by the Barisan Nasional to win back the state of Selangor ‘by stealth’ via this illegal delimitation exercise.

    We call upon the Election Commission to revoke the effects of this illegal delimitation exercise and to return the electoral boundaries in Peninsular Malaysia to the boundaries which were used in the 2013 general elections.

    Dr. Ong Kian Ming
    Member of Parliament

    Federal Government Gazette: NOTICE OF POLLING DISTRICTS AND POLLING CENTRES FOR THE FEDERAL AND STATE CONSTITUENCIES OF THE STATES OF MALAYA

    “Illegal Delimitation: Effect on N6 KKB and N7 Batang Kali” (Powerpoint, 20 July 2016)

    [1] The figures are updated up to the Quarter Four (Q4) 2015 electoral roll.

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