• Home Minister Ahmad Zahid Hamidi and MP for Tanjong Karang Noh Omar should take a one week ‘Study Break’ abroad in order to understand the one-man-one-vote principle in First-Past-The-Post systems

    Media Statement by Dr. Ong Kian Ming, MP for Serdang, in Kuala Lumpur on the 23rd of May, 2013

    Home Minister Ahmad Zahid Hamidi and MP for Tanjong Karang Noh Omar should take a one week ‘Study Break’ abroad in order to understand the one-man-one-vote principle in First-Past-The-Post systems

    Home Minister Ahmad Zahid Hamidi shocked Malaysians when he asked those who were not satisfied with the results of the 13th general election to migrate to countries which practice the ‘list system’ or ‘single transferable vote’ electoral system.[1] MP for Tanjong Karang, Noh Omar, followed up by asking those who do not like Malaysia’s electoral system to go ‘live in the jungle’.[2]

    Rather than suggesting for loyal and patriotic Malaysians who want genuine electoral reform to leave the country or to live in the jungle, I strongly recommend that the Home Minister and the MP for Tanjong Karang take a one week study leave abroad in order to understand how other countries which practice the First-Past-the-Post electoral system follows the one-man-one-vote principle.

    The Home Minister is right when he said that we in Malaysia inherited the Single Member Constituency First-Past-The-Post electoral system from the United Kingdom upon independence. However, he failed to remember that the Reid Commission recommended a 15% maximum deviation limit from the national average in terms of the number of voters per constituency. He also failed to remember that prior to our independence, the maximum rural weightage allowed was 2 to 1 – which effectively means that the largest constituency can only have twice as many voters as the smallest constituency.[3] Instead, what we have now in Malaysia is a ‘bastardized’ form of the first-past-the-post electoral system where the largest constituency – P109 Kapar (144,369 voters in GE13) – has 9 times the number of voters of the smallest constituency – P126 Putrajaya (15,798 voters in GE13).

    Indeed, if the Home Minister had done his research, he would have realized that the United Kingdom passed a Parliamentary Voting System and Constituencies Act in 2011 which specified that the maximum deviation in the number of voters per constituency can only be 5%.[4]

    In Australia, which uses the Alternative Vote (AV) in Single Member Constituencies, the maximum deviation in the number of voters per constituency is 10%. However, there is an additional, stricter rule which requires the Australian Election commission to project the number of voters per constituency 3 and a half years after a re-delineation exercise. This rule allows for a maximum of a 3.5% deviation.[5] The strict rules observed in Australia results in the one-man-one-vote principle being observed.

    For example, the largest constituency in Australia in terms of geographical area is Durack in Western Australia with 88177 voters when the last re-delineation exercise was conducted in 2008. Durack’s size is 1,587,758 square kilometres, which is almost 5 times the size of Malaysia. The smallest constituency is the constituency of Wentworth in New South Wales in the city of Sydney with 98979 in 2009 when the last re-delineation exercise was conducted. Wentworth covers approximately 30 square kilometres which is about the size of Ipoh Barat. The rural-urban weightage in Australia is 1.12. In other words, the number of voters in the smallest urban constituency is only 112% the number of voters in the largest rural constituency. If Australia, given its large geographic area, can follow the one-man-one-vote principle, there is no reason why Malaysia cannot follow suit.

    In Canada, an even bigger country in terms of geographical area, which also inherited the Single Member Constituency First-Past-the-Post electoral system from the British, the maximum deviation from the national average is 25%.[6]

    Before going on this one week study leave, the Home Minister and the MP for Tanjong Karang should also read the Report of the Parliamentary Select Committee on Electoral Reform, paying special attention to points 20 and 22 which reads as follows[7]:

    20. BALANCED DELINEATION OF CONSTITUENCIES

    20.1. The Committee takes note of the proposed review on delineation of parliamentary and state constituencies by taking into account a balanced number of voters including rural weightage and also to fulfill the principle of ‘One Person, One Vote’.

    20.2. The Committee recommends that the EC reviews the Thirteenth Schedule of the Federal Constitution to give full meaning to the principle of “One Person, One Vote” and restore the rural weightage.

    20.3. The Committee recommends that the EC determines a fair and equitable formula based on a fixed principle in determining the number of voters in a constituency, to ensure that there are no huge disparities among other areas in the state.

    22. NEW ELECTION SYSTEM

    22.1. The Committee takes note that the electoral system practiced in Malaysia since Independence until now is Simple Majority System (FirstPast-The-Post).

    22.2. The Committee takes note of the proposal to improve the existing Simple Majority System (First-Past-The-Post) or study any other electoral system such as a mixture of system (First-Past-The-Post and Proportionate Representation) or a Proportionate Representation System.

    22.3. The Committee recommends that EC should study how to improve the current simple majority or first-past-the-post system as this proposal involves policy which needs to be considered by the Government and report back to the Committee as in paragraph 10.7.

    If the Home Minister and the MP of Tanjong Karang had paid close attention to the Parliamentary Select Committee’s Report, they would have realized that their own colleagues from Barisan Nasional including 3 current MPs – Dr. Maximus Ongkili (Kota Marudu), Alexander Nanta Linggi (Kapit) and Kamalanathan a/l Panchanathan (Hulu Selangor) – also agreed that there should be review of Malaysia’s electoral system including the fulfilment of the ‘One-Man, One-Vote’ principle and to study the possibility of implementing a more proportionate electoral system. Will the two Honorable Gentlemen also ask their colleagues from Barisan Nasional to migrate to another country or to move to the jungle?

    What makes this situation more tragic is the fact that the Home Minister also holds a PhD in Communications from UPM. One would have thought that he should have put his knowledge to better use by supporting electoral reform rather than blaming those who are merely pointing out the unfairness that exists in the current electoral system. He should also have known, given his wide travels around the world as Defense Minister and his academic credentials, that any party or coalition of parties which wins a majority of the vote in any first past the post system that is fair would enjoy a ‘seat bonus’. This means that if a coalition like Pakatan won 51% of the popular vote, we would have won more than 51% of total seats. Instead, we only won 40% of total seats as a result of the unfair delineation of boundaries.

    If the Home Minister and the MP for Tanjong Karang are too busy to take a one week study leave abroad, I would be more than happy to sit down with them for a one hour briefing to show them how other democratic countries using the First Past the Post system redraw their boundary lines in order to reduce the disparity in the number of voters per seat. I would also be glad to show the two honourable gentleman the ‘seat bonus’ effect in democratic countries which allows whichever party or coalition of parties who wins the majority of the popular vote to win a greater proportion of seats.

    Dr. Ong Kian Ming

    MP for Serdang

  • While Pakatan Rakyat’s share of elected women’s representatives is higher than that of the BN’s, women’s representation in Parliament and State is still far short of the 30% target. Urgent electoral reform to introduce a proportional representation (PR) system is needed to increase women’s representation.

    Media Statement by Teresa Kok, Lim Lip Eng and Dr. Ong Kian Ming in Kuala Lumpur, 13th May, 2013

    While Pakatan Rakyat’s share of elected women’s representatives is higher than that of the BN’s, women’s representation in Parliament and State is still far short of the 30% target. Urgent electoral reform to introduce a proportional representation (PR) system is needed to increase women’s representation.

    In the recently concluded 13th General Elections, there were 56 female candidates out of 523 total candidates (10.7%) at the MP level, including independents and non-BN and non-PR (Pakatan Rakyat) parties. The BN fielded 22 female MP candidates. Pakatan also fielded 22 female MP candidates. At the ADUN level, there were 112 female candidates out of 1210 total candidates (9.3%). Pakatan Rakyat (PR) fielded 55 female candidates at the ADUN level while BN fielded 49 female candidates at the ADUN level.

    In terms of elected representatives, 13 out of 133 BN MPs are women (9.8%) while 9 out of Pakatan’s 89 parliamentarians are women (10.1%). At the state level, Pakatan’s women representation is higher than BN’s.  32 out of Pakatan’s 229 ADUNs (14%) are women while only 26 out of BN’s 275 ADUNs are women (9.5%).

    In terms of the breakdown of women representatives within the BN, UMNO clearly dominates. For example, 8 out of 13 BN female MPs (61.5%) and 25 out of 26 female ADUNS are from UMNO (96%). In Peninsular Malaysia, all 8 women MPs and 23 ADUNs are from UMNO. In other words, MCA, GERAKAN and MIC failed to have a single woman MP or ADUN elected into office in Peninsular Malaysia.

    In contrast, the distribution of female MPs and ADUNs is much more even within Pakatan. Of the 9 female Pakatan MPs, 3 are from PKR, 2 are from PAS and 4 are from DAP. Of the 32 female Pakatan ADUNs, 8 are from PKR, 6 are from PAS and 18 are from DAP.

    Of DAP’s 15 ADUNs in Selangor, 5 or one-third are females. Of the DAP’s 12 ADUNs in Johor, 4 are female. In addition, for the first time in DAP’s history, 3 female Indian representatives were elected into office, namely, Kasturi Patto (P46 Batu Kawan, Penang), Kamache A/P Doray Rajoo (N35 Sabai, Pahang) and Mary Josephine Prittam Singh (N22 Rahang, Negeri Sembilan). In addition, DAP also successfully fielded two women candidates in the same area – Teo Nie Ching in P163 Kulai and Wong Shu Qi in N22 Senai – both of whom won their seats with more than 10,000 votes.

    The DAP will continue to work hard in order to attract more capable female members into the party with the intention of fielding them in the next general election. The DAP is committed to increasing the opportunities for women leaders and candidates to gain political experience and exposure. For example, Teresa Kok, Lee Kee Hiong and Kasturi Patto gained invaluable experience as Lim Kit Siang’s political secretaries / assistants before they were elected into office. Mr. Lim also recently appointed Dyana Sofya Mohd Daud as his political secretary for Gelang Patah.

    The eventual goal is to achieve at least 30% female candidates and elected representatives. In order to achieve this, there needs to be a reform of the electoral system to a Proportional Representation (PR) system, which has been proven to be effective in other countries such as Norway and Finland to increase the number and % of female elected representatives.

    Teresa Kok, MP for Seputeh, Lim Lip Eng, MP for Segambut, Dr. Ong Kian Ming, MP for Serdang

    Appendix 1: List of Pakatan female MPs

    Appendix 2: List of Pakatan female ADUNs

  • GE2013 results shows that it was a Malaysian Tsunami and not a Chinese Tsunami that increased Pakatan’s popular vote and number of parliament and state seats

    Media Statement by Dr. Ong Kian Ming, DAP Election Strategist, in Kuala Lumpur on the 10th of May, 2013

    GE2013 results shows that it was a Malaysian Tsunami and not a Chinese Tsunami that increased Pakatan’s popular vote and number of parliament and state seats

    1. Pakatan’s popular vote in the whole of Malaysia increased from 47.6% in 2008 to 50.9% in 2013, representing a 3.2% increase in Pakatan’s support. BN’s popular vote decreased from 51.4% in 2008 to 47.4% in 2013, a 4.0% decrease.

    2013 2008 Increase / Decrease
    BN 47.4% 51.4% -4.0%
    Pakatan 50.9% 47.6% 3.2%

    Calculations were made using only valid votes at the parliament level.

    2. Pakatan increased its share of parliament seats from 37% in 2008 to 40% in 2013 by winning at extra 7 parliament seats.

    2013 Parliament 2008 Parliament Increase / Decrease
    PKR 30 31 -1
    PAS 21 23 -2
    DAP 38 28 +10
    TOTAL 89 82 +7

    3. Pakatan won 32 more state seats in 2013. All three Pakatan parties won more state seats in 2013. Pakatan won 45% of total state seats in 2013 compared to 39% in 2008, a 6% increased.

    2013 State 2008 State Increase / Decrease
    PAS 85 83 +2
    PKR 49 41 +8
    DAP 95 73 +22
    TOTAL 229 197 +32

    4. Pakatan’s support increased in 11 out of 13 states and in the Federal Territories including in the Malay majority states of Perlis, Terengganu and Pahang where the % of Malay voters is 70% and higher.

    NEGERI BN%2013 PR%2013 BN%2008 PR%2008 BN% (Increase / Decrease) PR% (Increase / Decrease)
    PERLIS

    55.4%

    44.3%

    60.1%

    39.9%

    -4.8%

    4.4%

    KEDAH

    50.6%

    48.5%

    46.8%

    53.2%

    3.8%

    -4.7%

    KELANTAN

    43.0%

    53.7%

    44.7%

    55.0%

    -1.8%

    -1.3%

    TERENGGANU

    51.4%

    48.5%

    55.1%

    44.7%

    -3.7%

    3.7%

    PULAU PINANG

    31.6%

    67.8%

    36.9%

    63.0%

    -5.3%

    4.8%

    PERAK

    44.9%

    54.7%

    46.5%

    53.3%

    -1.6%

    1.4%

    PAHANG

    55.2%

    44.4%

    59.5%

    40.5%

    -4.3%

    3.8%

    SELANGOR

    39.0%

    59.4%

    44.3%

    55.4%

    -5.3%

    4.0%

    W.P. KL & PUTRAJAYA

    35.3%

    63.9%

    38.3%

    61.6%

    -3.1%

    2.4%

    NEGERI SEMBILAN

    51.0%

    47.3%

    54.7%

    45.1%

    -3.7%

    2.2%

    MELAKA

    53.8%

    46.2%

    57.4%

    42.6%

    -3.6%

    3.6%

    JOHOR

    54.9%

    45.0%

    65.3%

    34.7%

    -10.3%

    10.3%

    SABAH

    55.0%

    35.9%

    61.6%

    32.5%

    -6.6%

    3.4%

    SARAWAK

    58.9%

    37.3%

    64.2%

    28.3%

    -5.3%

    8.9%

    TOTAL MSIA

    47.4%

    50.9%

    51.4%

    47.6%

    -4.0%

    3.2%

    Notes: Calculations made based on valid votes only, Sabah includes Labuan, Change in BN may not equal Change in PR for some states because of the presence of independent and non-BN & non-PR candidates

    5. There are 23 Malay majority (Malay% > 50%) parliamentary seats where PR increased its support by 5% or more from 2008 to 2013. This increase in support could not have been possible if there wasn’t increased support from the Malay voters who form the majority of voters. For example, in P2 Kangar which is a 80.7% Malay seat, PR increased its support by 16.1%. Similarly, in P41 Kepala Batas, which is a 76% Malay seat, PR increased its support by 11.8%, could not have happened without increased support from the Malay voters. The reason why not much attention has been paid to these seats is because although PR made significant gains in these seats, they did not win these seats.

    NEGERI PARLIAMENT CODE PARLIAMENT NAME PR%2013 PR%2008 ChangePR% MALAY%
    PERLIS P002 KANGAR

    45.3%

    29.2%

    16.1%

    80.7%

    JOHOR P141 SEKIJANG

    45.9%

    30.4%

    15.6%

    55.5%

    JOHOR P160 JOHOR BAHRU

    43.5%

    28.5%

    15.0%

    50.8%

    JOHOR P149 SRI GADING

    42.6%

    30.1%

    12.6%

    62.6%

    NEGERI SEMBILAN P126 JELEBU

    40.4%

    28.4%

    12.1%

    63.1%

    PULAU PINANG P041 KEPALA BATAS

    45.5%

    33.6%

    11.8%

    76.3%

    SELANGOR P093 SUNGAI BESAR

    49.5%

    39.8%

    9.7%

    65.6%

    JOHOR P153 SEMBRONG

    34.8%

    25.5%

    9.3%

    57.7%

    W.P. KUALA LUMPUR P118 SETIAWANGSA

    48.7%

    39.7%

    9.0%

    56.1%

    NEGERI SEMBILAN P127 JEMPOL

    42.0%

    33.0%

    9.0%

    60.1%

    JOHOR P144 LEDANG

    48.3%

    39.8%

    8.5%

    52.8%

    JOHOR P151 SIMPANG RENGGAM

    41.6%

    33.1%

    8.5%

    56.4%

    NEGERI SEMBILAN P133 TAMPIN

    38.3%

    30.3%

    7.9%

    61.3%

    PERAK P055 LENGGONG

    42.5%

    35.0%

    7.6%

    81.8%

    JOHOR P164 PONTIAN

    33.6%

    26.4%

    7.2%

    68.7%

    JOHOR P146 MUAR

    47.9%

    40.8%

    7.2%

    62.1%

    W.P. KUALA LUMPUR P125 PUTRAJAYA

    30.7%

    24.2%

    6.4%

    94.1%

    JOHOR P147 PARIT SULONG

    37.9%

    31.5%

    6.4%

    72.2%

    JOHOR P143 PAGOH

    33.8%

    27.9%

    5.9%

    64.0%

    JOHOR P155 TENGGARA

    24.9%

    19.7%

    5.2%

    72.0%

    JOHOR P154 MERSING

    28.5%

    23.3%

    5.2%

    78.4%

    PAHANG P084 PAYA BESAR

    40.0%

    35.0%

    5.1%

    81.2%

    PAHANG P079 LIPIS

    42.9%

    37.9%

    5.0%

    75.9%

    6. There are 8 Malay majority (>50% Malay) state seats in Selangor where Pakatan’s support increased by more than 5%. This includes 4 state seats which were won by PAS which it did not win in 2008 – namely Tanjong Sepat, Taman Templer, Dusun Tua and Paya Jeras. PAS could not win these seats merely based on an increase in Chinese support. Malay support must also have increased in these Malay majority seats.

    NEGERI

    PARLIAMENT CODE

    PARLIAMENT NAME

    STATE CODE

    STATE NAME

    PR%2013 PR%2008 ChangeinPR%13to08 MALAY%

    SELANGOR

    P093

    SUNGAI BESAR

    N03

    SUNGAI PANJANG

    45.3%

    32.4%

    12.9%

    81.6%

    SELANGOR

    P100

    PANDAN

    N21

    CHEMPAKA

    63.1%

    52.2%

    10.9%

    53.2%

    SELANGOR

    P113

    SEPANG

    N54

    TANJONG SEPAT

    51.4%

    41.7%

    9.8%

    52.0%

    SELANGOR

    P097

    SELAYANG

    N15

    TAMAN TEMPLER

    58.2%

    48.9%

    9.3%

    51.4%

    SELANGOR

    P101

    HULU LANGAT

    N23

    DUSUN TUA

    55.1%

    46.1%

    9.0%

    53.2%

    SELANGOR

    P107

    SUBANG

    N38

    PAYA JARAS

    57.2%

    48.6%

    8.7%

    56.6%

    SELANGOR

    P099

    AMPANG

    N20

    LEMBAH JAYA

    60.5%

    54.0%

    6.5%

    54.0%

    SELANGOR

    P094

    HULU SELANGOR

    N05

    HULU BERNAM

    41.5%

    35.7%

    5.8%

    67.4%

    7. Increase Malay support in P102 Serdang for DAP / Pakatan, especially among younger Malays. In the P102.Serdang, using saluran or polling stream data, the Malay support for DAP / Pakatan increased from 36% in 2008 to 43% in 2013. In the polling stations in the 66% Malay majority of N26 Bangi, the majority for DAP / Pakatan increased from 1094 in 2008 to 5825 in 2013. There is also encouraging evidence that younger Malay voters are supporting DAP / Pakatan at higher rates compared to older Malay voters. The table below shows the difference between the support for the DAP in the oldest saluran (Saluran 1) versus the youngest saluran (Saluran 4, 5 or 6) in the Malay majority polling stations in N26 Bangi. The support for the DAP / Pakatan is clearly and significantly higher among younger Malay voters compared to the older Malay voters.

    Polling Station Malay% Oldest Saluran(DAP Support) Youngest Saluran(DAP Support) Difference (Youngest – Oldest)
    Sungai Ramal Dalam 97% 28% 51% +23%
    Sungai Ramal Luar 82% 31% 46% +15%
    Seksyen 3 BBB 97% 45% 62% +17%
    Seksyen 1 BBB 93% 51% 55% +4%
    Seksyen 6 BBB 90% 41% 48% +7%
    Seksyen 4 BBB 95% 48% 59% +11%
    Seksyen 2 BBB 97% 57% 64% +7

    8. BN experienced a fall in support of more than 10% from 2008 to 2013 in 8 of the Dayak majority / plurality parliament seats. But this was not sufficient for PR to win any of these seats although PR came closest in P205 Saratok (2081) and Baram (194). The failure to resolve some serious local problems e.g. land grabs and dam buildings will further erode BN’s support in these areas in the future.

    NEGERI

    PARLIAMENT CODE

    PARLIAMENT NAME

    BN%2013 BN%2008 ChangeinBN% Malay / Melanau% Dayak%

    SARAWAK

    P205

    SARATOK

    53.20%

    76.80%

    -23.60%

    43.70%

    49.30%

    SARAWAK

    P222

    LAWAS

    71.50%

    92.10%

    -20.60%

    42.80%

    47.10%

    SARAWAK

    P209

    JULAU

    59.30%

    78.90%

    -19.60%

    12.20%

    82.80%

    SARAWAK

    P192

    MAS GADING

    41.10%

    58.60%

    -17.60%

    12.70%

    67.80%

    SARAWAK

    P220

    BARAM

    49.50%

    66.90%

    -17.40%

    20.60%

    69.90%

    SARAWAK

    P217

    BINTULU

    58.20%

    73.20%

    -15.00%

    28.50%

    43.50%

    SARAWAK

    P199

    SERIAN

    74.30%

    87.00%

    -12.60%

    14.50%

    74.60%

    SARAWAK

    P204

    BETONG

    77.10%

    87.30%

    -10.10%

    50.00%

    42.70%

    9. BN experienced a fall of more than 10% in 7 Sabah Bumiputera seats. However, PR only managed to win one of these seats (P174 Penampang). PR came closest in Beaufort, losing by 673 votes. The BN won 4 parliament seats – P168 Kota Marudu, P180 Keningau, P181 Tenom and P182 Pensiangan – with less than 50% of the vote. Multiple corner fights in these as well as other seats involving STAR and SAPP affected the chances for PR to win more parliament as well as state seats.

    NEGERI PARLIAMENT CODE PARLIAMENT NAME BN%2013 BN%2008 ChangeinBN% MUSLIM BUMIPUTERA% NON-MUSLIM BUMIPUTERA%
    W.P. LABUAN P166 LABUAN

    66.3%

    77.0%

    -10.8%

    60.2%

    14.0%

    SABAH P171 SEPANGGAR

    54.1%

    64.9%

    -10.8%

    51.6%

    26.1%

    SABAH P174 PENAMPANG

    34.3%

    54.0%

    -19.7%

    15.9%

    50.1%

    SABAH P177 BEAUFORT

    50.5%

    79.3%

    -28.7%

    61.0%

    30.3%

    SABAH P179 RANAU

    50.2%

    65.4%

    -15.2%

    10.7%

    86.9%

    SABAH P180 KENINGAU

    44.5%

    57.3%

    -12.8%

    18.5%

    70.4%

    SABAH P181 TENOM

    48.1%

    62.9%

    -14.7%

    20.9%

    66.0%

    At the state level, PR managed to win 11 seats, 6 of which were in non-Chinese majority / plurality areas. If multiple corner fights can be avoided in the future, PR can build on its current representation of 3 MPs and 11 ADUNs to make further inroads into Sabah.

    10. BN has to defend 46 marginal seats compared to 30 for PR in the next election.

    No of Marginal Seats (BN or PR win by 55% of vote or less)

    Total BN PR
    Pmsia

    38

    26

    Sabah

    4

    1

    Sarawak

    4

    3

    Total

    46

    30

    11. It cannot be denied that the BN is on the defensive even though PR did not manage to win a majority of seats. With an increased number of state seats, especially in the frontline states of Johor, Sabah and Sarawak and with a significant decrease in the level of BN support in these states, the BN cannot consider these states as fixed deposits any longer. Also, with the increase in the number and percentage of younger voters who are less influenced by mainstream media and more willing to vote across racial lines in support of Pakatan, it is increasingly clear that the BN will likely lose power in GE14. What may save the BN is a grossly skewed and unfair delimitation exercise which is scheduled to start sometime this year and be completed before GE14.

    Dr. Ong Kian Ming
    DAP Election Strategist
    P102 Serdang

  • The charging of my polling agent under Section 3 (1)(i) of the Election Offences Act 1954 a mere two days after her statement was recorded and two days before polling day is a cowardly act of intimidation by Barisan Nasional (BN)

    Media Statement by Dr. Ong Kian Ming in Kajang on Friday, 3rd of May, 2013

    The charging of my polling agent under Section 3 (1)(i) of the Election Offences Act 1954 a mere two days after her statement was recorded and two days before polling day is a cowardly act of intimidation by Barisan Nasional (BN)

    My election agent was asked to give a statement at the Kajang Police Headquarters on the 30th of April, on the day of advanced voting, over allegations that she had improperly used a lock to secure a ballot box for advance voters at the Squadron 21, Royal Engineers Regiment, Taman Kajang Utama, advance voting polling station.

    A mere three days later, on the 3rd of May, this election agent has just been charged in the Kajang Magistrate Court (Criminal Division) under Section 3 (1)(i) of the Election Offences Act 1954. This section reads:

    Any person … without due authority destroys, takes, opens or otherwise interferes with any ballot box, ballot paper or packet of ballot papers in use or intended to be used for the purposes of an election…

    At the same time, Azahari Ismail, in the Teluk Kemang parliamentary constituency, was also charged under the same offence yesterday on the 2nd of May.

    The locking of the advance voting ballot boxes is a grey area and the final authority lies with the person in charge of the polling station in question (otherwise known as the Ketua Tempat Mengundi or KTM). Our reports indicate that the KTM in question in Taman Kajang Utama was very inexperienced and not aware of many of the elections related laws and procedures. This may very well have led to the confusion surrounding the locking of the ballot box.

    The fact that these two cases were processed so quickly, in mere days, just prior to the most important general elections in Malaysian history shows that this is part and parcel of the Barisan Nasional’s strategy to intimidate polling agents and observers.

    We strongly condemn these actions and we urge the Attorney General to drop these charges with immediate effect.

    Dr. Ong Kian Ming
    DAP Candidate for P102 Serdang

  • 1 Malaysia products and symbols should not be allowed in any of the polling stations on the 5th of May, 2013

    Media Statement by Dr. Ong Kian Ming in Seri Kembangan on the 2nd of May, 2013

    1 Malaysia products and symbol should not be allowed in any of the polling stations on the 5th of May, 2013

    On polling day, no one is supposed to wear or use anything with a party logo, symbol or the name of any candidate within 50 meters of any polling station. But we fully expect that this rule be broken by Barisan Nasional through the use of the 1Malaysia logo.

    While technically speaking, the 1 Malaysia logo is not a registered logo or symbol of any political party, it has been used as a cornerstone of caretaker Prime Minister Najib Tun Razak’s political campaign during his 4 years are Prime Minister. As such, we strongly urge the Election Commission to exercise its discretionary power fairly and disallow anyone from wearing, holding or bringing shirts, caps, tudungs, jewellery, bottled water, umbrella and other paraphernalia that has the 1 Malaysia logo on it within 50 meters of any polling station as per Section 9 (H) of the Conduct of Elections Guide (Panduan Tatatertib Pilihanraya). [1]

    This would include any materials or vehicles which belongs to the government and has the 1 Malaysia logo on it.

    One example is the use of 1Malaysia branded tissue paper to wipe dry the indelible ink (picture below). We have received news that this 1Malaysia branded tissue paper will be used on polling day to help dry the indelible ink after it has been put on the finger of a voter. This is totally unacceptable and the Election Commission should put a stop to this immediately and order fresh supplies of tissue paper without any 1 Malaysia logo.

    The failure of the Election Commission to act decisively on this issue will strengthen the impression that it is not an independent organization but instead consistently makes decisions which favor the BN.

    Dr. Ong Kian Ming, DAP Candidate for Parliament Seat P102 Serdang


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