MALAYSIAN ELECTION COMMISSION IS A BODY THAT RESPONSIBLE TO HANDLE THE PROCESS OF

ELECTION IN MALAYSIA. DISCUSS THE FUNCTION OF ELECTION COMMISSION IN MALAYSIA

2.0 Introduction 2
3.0 Vision, Mission and Members of Election Commission 4
4.0 The Function of Election Commission in Malaysia 5
4.1 The Function of Election Commission in Election Process 6
4.1.1 Setting the Date After the Dissolution of Parliament
4.1.2 Election Budget Preparation
4.1.3 Administer of the election
4.1.4 Voting District
4.2 The Process Before, During, and After Conduct Election3.3 8
3rd function
4.2.1 Writ Production
4.2.2 Nomination Day
4.2.3 The Nominee Nomination Center
4.2.4 Election Campaign
4.2.5 Voting
4.2.6 Official Count Of Votes
4.2.7 Announcement Of Election Results

5.0 Issues Which Once Plugued Election Commission 11

6.0 List of Chairman of The Election Commission 13
7.0 SWOT Analysis 14
8.0 Conclusion 15
9.0 References 16
1.0 Introduction
What is the evidence that the country has a transparent political structure? Only some are
unhappy with the results announced every time there is an election. Although victory in the
election process is always volatile, there are still those who say that the authorities,
especially the previous government, are responsible in the election process. In Malaysia, as
an autonomous body responsible for managing elections, the EC was established by
placing its own laws on all its members so as not to be directly involved in the political arena
and to move freely and fairly without being monopolized by any party.
Election Commission can be defined as the body that preserves, supervise and maintains
the process of parliamentary democracy in this country through free and fair elections. After
achieving independence on 31 August 1957, the country has a Federal Constitution, and
State Constitutions for each state which is the highest law in Malaysia and their respective
states. The EC was composed of one chairman and two members when it was formed in
1957. The number of members was increased to 3 individuals following the establishment
of Malaysia in 1963. This third member will serve Sabah and Sarawak, where alternate
appointments are made. Article 114 of the Federal Constitution was revised in 1981 to allow
the election of a deputy chairman, and was amended in 2002 to allow the appointment of a
deputy chairman.
Clearly, the Federal Constitution provides for the creation of democratic governance related
institutions, including those responsible for running elections for elected members in
Parliament and the State Legislative Assemblies.
The Constitution also defines the principles of democracy that guarantee equality and the
right to vote to elect a representative and decide the government for every person.
The Election Commission established pursuant to Article 114 of the Federal Constitution to
administer elections and other relevant matters, was established to ensure the continuity of
the democratic system of government in Malaysia.
The three main duties of the EC are laid down in the Federal Constitution and the Election
Commission is given in the power to provide acts and regulations relating to electoral
matters. The EC shall be appointed by Yang di-Pertuan Agong and shall accountable to His
Majesty as Head of State in order to attain the objective of its establishment as an
autonomous body under the Constitution. Therefore, in carrying out its duties, the EC must
act independently and neutrally in the conduct of democratic elections, in compliance with
these two core principles.
The key mission of the EC is to preserve, oversee and sustain, through free and fair
elections, the mechanism of parliamentary democracy in this country. It is the duty of the
EC to ensure that the rights of the people are guaranteed and to be able to freely elect their
representative in compliance with the constitution by means of elections.
The EC created a secretariat headed by a secretary as the chief administrator through the
provisions of the Elections Act 1958. A State Election Director is named for each state in
the country at the state level. The EC appoints a polling officer for each constituency
concerned, the polling station head and some polling staff for each polling place (channel)
at the polling station when elections need to be held.

The EC is also empowered by the Election Act 1958 to decide the rules and procedures for
managing the operation of the EC’s three main functions as provided for in the Federal
Constitution, namely:

1) Conduct a review of the demarcation of Parliamentary and state constituencies when it

passes eight years.

2) Carry out the registration and review of the electoral roll, and the preparation of the
electoral roll for the election.

3) Conducting general elections when the Dewan Rakyat or State Legislative Assembly is
dissolved, and by-elections there are unexpected vacancies for seats in the Dewan
Rakyat or Dewan Undangan Negeri.

The EC has held a total of 13 general elections since its inception, starting with the first
general election after independence in 1959. The general elections were followed by those
in 1964, 1969, 1974, 1978, 1982, 1986, 1990, 1995, 1999, 2004, 2008 and most recently
2013.Moreover, 11 general elections for the Sabah State Assembly and 10 general
elections for the Sarawak State Assembly were also carried out by the EC. Moreover, more
than 150 by-elections have also been held by the EC to fill vacancies that arise suddenly
from time to time, either for Parliamentary seats or for the State Legislative Assembly. In
addition, the EC has also conducted a total of seven Boundary Election Division cases for
the entire country, including the most recent one in Sarawak. The number of constituencies
in Parliament has increased from 104 in 1959 to 222 in 2006 as a result of the demarcation
and examination of the constituencies. Meanwhile, the number of constituencies in the
State Legislative Assembly has increased from 282 in 1959 to 587 in 2016. In addition, the
EC has also conducted a total of seven Boundary Election.
3.0 Vision, Mission and Members of Election Commision

3.1 Vision

To be an excellent democratic election management institution that is trusted by the

citizen.

3.2 Mission

To carry the parliamentary democratic system and to guarantee the rights of the
citizens to elect their representatives by managing, regulating and conducting free
and fair election. This is to ensure that legally qualified citizens have the right to vote
in elections to elect representatives and the government.

3.3 Members of Election Commission

4.0 The Function of Election Commission in Malaysia
4.1 The Function of Election Commission in Election Process

There are many Function Of Election Commission In Malaysia that we can learn. This is
because, elections play an important role in determining the boundaries of the
constituencies, producing leaders who are fair and responsible to the people and play a
role in choosing the right candidate to represent the people in parliament.

The EC set up a secretariat headed by a secretary as the chief administrator in order to

fulfill its role. It is the secretarial obligation of the EC to enforce the policies and decisions of
the EC based on the roles enshrined in the Federal Constitution. Civil servants from the
Malaysian Civil Service are part of the EC officers and secretariat staff. Before carrying out
the duties of secretary, and in compliance with Section 3 of the 1958. Election, all senior
secretarial officers must be officially appointed to their respective roles by the EC. The EC
establishes a State Election Office in each state, headed by the Director of State Elections.
The secretariat at EC headquarters and a state level is an essential structure for the
execution of the EC’s roles and responsibilities.

An election must be held to fill the vacancy when the Dewan Rakyat or the State
Legislative Assembly is dissolved to give way to the general election, or when an
unforeseen vacancy occurs in the Dewan Rakyat or the State Legislative Assembly. The
EC has the authority, pursuant to Article 115 of the Federal Constitution, to appoint officers
and personnel to perform their assigned duties. The EC may disegnate Returning Officer,
Assistant Managing Officers, Polling Heads, Polling Clerks and several other categories of
staff who carry out their respective duties, each at the polling station, subject to the
provisions of section 3, Election Act 1958.

In Malaysia, whenever the State Legislative Assembly and the Dewan Rakyat are
dissolved, general elections will be held simultaneously throughout the country.

4.1.1 Setting the Date After the Dissolution of Parliament

The EC has 60 days to hold elections after the dissolution of Parliament, so that
the prople can elect a new representative and a new government. A special
meeting to set the dates of the election process was held immediately by the EC.
Candidate nominating day and election day are the two primary dates. The EC
takes into account many important considerations when setting the date, such as
the saticfaction of individuals in performing their voting rights and obligations, the
 appropriate campaign cycle for contesting political parties, protection and public
order, weather and so on, as well as factors of racial and religious sensitivity.

The date of issuance of the election letter to the returning officer, the date of the
election notice, the electoral roll to be used in the election and other decisions
relating to the governance and election process are other matters that need to
be determined by the EC. As enshrined in the Federal Constitution, all rullings
are within the competence of the EC.

4.1.2 Election Budget Preparation

The election budget is a concern that needs to be prepared in advance and

is a priority for the EC, as elections can not be conducted neatly and smoothly
without sufficient budget allocation. The allocation of the budget for the election
shall be approved by the Ministry of Finance in accordance with the specifics of
the allocation requested by the EC. In the preparation of the election budget, the
initial action at the level of the EC Secretariat is to hold a number of internal
meetings at the level of the Headquarters and of the Directors at the level of the
State, in order to prepare estimates based on the specifics of each need and on
the preparation for the general election. Some elements of logistics planning,
transport and certain equipment had to be procured outside the tender or quote
phase in preparation for managing the election, instead it had to be determined
by ‘direct negotiation’ with the supplier because of the secrecy of the type of
material or certain equipment required. In this way, the election planning is not
disturbed and the procurement process of election materials and equipment will
run smoothly within the stipulated period according to the timetable.

4.1.3 Administer of the election

In this way, the election planning is not disturbed and the procurement
process of election materials and equipment will run smoothly within the
stipulated period according to the timetable. Under Section 3(c) of the Election
Act 1958, the Returning Officer is named. The authority of the EC to administer
the election in the division in which it is named shall be transferred to the
managing officer by means of an electoral instrument handed over to him. Under
subregulation 12A(1) of the Election Regulations 1981, the Polling Station
Supervisor (PPM) is designated to be responsible for ensuring that the situation
inside the polling station is always regulated, that the situation outside the polling
stations runs smoothly, in addition to controlling the Polling Station Directorate
 (PAPM) and that the Clerk of the Clerk of the Voter Register(KPDP) performs
their respective duties at the polling station. The EC also named the Head of the
Polling Station (KTM) as head of the voting process at the polling station to carry
out its duties and responsibilities. Under Subregulation 12(1) of the Election
Regulations 1981, the selection of the Head of the Polling Place is made. At
each polling station which has more than one polling station channel, the EC has
opened voting registration control counters. The voter Registration Search Clerk
is the employee at the checkout counter(KPDP). They shall be named pursuant
to Subregulation 12A (1) of the 1981 Election Regulations. In order to decide the
voting channel, the staff helps to verify the names of the voters and then give a
slip of the polling place number to the voters whose names are on the voter
register at the polling place.

4.1.4 Voting District

In order to decide the voting channel, the staff helps to verify the names of
the voters and then give a slip of the polling place number to the voters whose
names are on the voter register at the polling place. The EC stipulates a
regulation, namely that, in a secure and regulated environment, each voting
district has only one voting centre, wether in a school building or a public hall.
The number of registered voters is set at 3,850 individuals for each Voting
District. In the event of an increase in the number of registered voters, the EC
can, in compliance with the provisions of subsection 7(1) of the Election Act
1958, increase the Polling District. This method is called the Voting District
Division. This procedure is typically carried out either after approval of the
electoral demarcation review in Parliament or when changes are made to a
constituency, or when a new constituency is created either by demarcation or by
Parliamentary action pursuant to Article 113(3A)(i) of the Federal Constitution, as
the Parliamentary Division of P.125 Putrajaya was established in 2001.

4.2 The Process Before, During, and After Conduct Election

4.2.1 Writ Production

Among the processes before the election is Writ Production. this is because,
when there is a dissolution of Parliament or there is a vacancy out of reach, the
EC will issue a Writ which is a letter of authority to hold elections to the
 Managing Officer under Seksyen 12 Akta Pilihan Raya 1958, peraturan 3(1)
Peraturan-peraturan Pilihan Raya (Penjalanan Pilihan Raya) 1981. This is
because, at the same time, election notices will be announced and pasted in
places that are easy for the public to review. The notice contains the nomination
date of the candidate as well as the voting date to be held.

4.2.2 Nomination Day

On the Nomination Day that has been set, the Managing Officer will receive
nomination forms from the candidate, proposer or supporter or all three at once.
This is because, apart from submitting three copies of nomination forms,
candidates, supporters and proposers must include the election deposit as well
as the Statutory Account Form which is Form 5 for candidates for Members of
the House of Representatives and Form 5A for candidates for State
Assemblymen. The forms need to be stamped off at the Stamp Duty Office. After
that, the Managing Officer will declare the candidates eligible to contest. If only
one candidate is eligible, the Managing Officer will be announce that the
candidate has won without contesting.

4.2.3 The Nominee Nomination Center

The Nominee Nomination Center refers to the building used to perform the
process of nomination. Multi-purpose halls, community halls and school halls are
among the locations which are PSR options. Subsection 24A(2) of the Election
Offenses Act 1954 provides for the establishment of an area 50 metres outside
the Candidate Nomination Center called the Prohibited Zone, where party
supporters or candidates, with the exception of candidates, advocates,
supporters, officers and EC personnel and related departments and members of
the security forces on duty, are prohibited from gathering in the constituency.

4.2.4 Election Campaign

The official campaigning cycle starts when the nominating process is completed 
and the contesting candidate is announced by the Managing Officer on Nominati
on Day in the election process in this country that adopts the First-Past-The-
Post scheme, and the campaign must end at 12.00 midnight before Voting Day
Subsection 24B(4) of the Election Offenses Act 1954 provides that, after the
candidate pays the campaign material deposit to the EC, a candidate may show
election campaign materials in the constituency where he is contesting. The EC
 set up the Election Campaign Compliance Team (PP-KPR) with candidates for
each constituency during the official campaign time.
Throughout the official campaign period, the establishment attempts to track
campaign operations, beginning from Candidate Nomination Day to the end of
the voting period when polling places are closed.
4.2.5 Voting

On the polling day that has been set, voters whose names are listed in the
electoral roll will go out to vote at the polling stations set by the EC is between
8.00 am to 5.00 pm nationwide. However, there are also areas that have
shortened voting time to avoid any transportation difficulties and for safety,
especially in Sabah and Sarawak. Each polling station usually has more than
one polling place. It is headed by a Head of Polling Station and assisted by two
to four assistants while for absentee voters or those who are eligible to vote by
post, they can vote early than the designated voting day. However, all ballot
papers that have been marked must reach the office of the Managing Officer at
5.00 pm, which is the voting day.

The method of marking the ink on the fingers was enforced in the 13th GE, i.e. 
the voter's left index finger was smeared with ink as soon as the name and
idenfication card number were checked and verified. The EC’s decision to use
ink on polling day is a retrogressive measure, but it is sufficient to be used as a
means to erode the concerns of people about the fairness and legitimacy of the
election process in the current situation.
4.2.6 Official Count Of Votes

Once the Voting process is completed, the Head of the Polling Station will
calculate the ballot paper. The result of the counting of votes will be included in
Form 14. All these Forms 14 will be brought to the Managing Officer for Official
Counting of Votes. After the Managing Officer reviews this Form 14 and if it is
found to be correct, he will announce to the public one by one and if there is any
doubt, he will review it with Form 13 Statement of Ballot Papers. When all the
results are accepted and announced, he will sum up the entire decision to
determine the winner.
4.2.7 Announcement Of Election Results

After completion of forming Forms 14 and 15, The Managing Officer for a
constituency will declare the candidate who received the majority vote and
confirm him as the Elected Representative of the constituency concerned.
Therefore, the decision made cannot be disputed by any party. If, however, there
are any parties who are dissatisfied with the election results, can submit in the
Election Court through the Election Petition.
5.0 Issues Which Once Plugued Election Commission

1. The Election Commission issues where some officers and staffs were secretly used by
opposition parties, led at that time by Barisan Nasional, to distribute membership forms to
some political parties by the Malaysian government. The fact is that EC officials and staff, let
alone agents of political parties, should not be involve in politics because this body is a neutral
entity that carries out the policy. In addition to implementing the policies and functions of the
EC, one of the challenges faced at the time was the formation of a powerful EC Secretariat,
moving as an efficient team in the implementation of the policies and decisions set by the EC.

2. In 1998, the issues at that time concerned the transparency of the registration system
introduced by the electorate. The EC has taken courageous steps to solve the problem by
temporarily clearing the voter list (set aside temporarily) of registered voter names that do not
have death status and citizenchip details records in the National Registration Department
(JPN). Based on the decision, about 65,000 names of voters were listed by the secretariat
who were in question and needed to be excluded from the electoral roll. Simultaneously, the
EC requested the public to correct their status records at the JPN nationwide. While the EC
decision helped clear the names of deceased voters, it also created issues as some citizens
who had previously voted discovered that their names had been excluded from the electoral
roll. When they did not vote in the refendum, problems emerged during the 10 th General
Election (1990). As a result of the incident, the EC started to face threats from political parties.

3. The EC faces 43 electoral petitions lodged by political parties on both sides following the
completion of the 11th General Election, including several cases lodged in the Selangor State
High Court by opposition parties asking the court to reverse the election results. In the 16
constituencies involved, election is treated as being contrary to the existing law. However, in
all the petition cases, the electoral results in the constituencies concerned were not reversed,
and the court upheld the EC’s rulling.

4. During the preparations for the 12 th GE, after the creation of the BERSIH alliance, which
claimed to represent more than 40 other non-governmental organisations, open opposition by
non-governmental organisations against the EC, as the body overseeing the poll, began.
They are moving openly through the struggle centred on the emergence of BERSIH in the
political arena of elections. The EC is constructive and listens to their input and clarifies the
problems that arise because of its open policy and ability to build a working partnership
(engagement) with all parties that want to assist in efforts in efforts to strengthen electoral
affairs. In the EC’s opinion, BERSIH and all other NGO’s involved in electoral matters are key
stakeholders in the light of the role and accountability of the EC to the people concerned. As a
result, the EC has built constructive ties with the country’s related non-governmental
organisations as a platform for clarifying issues and listening to the demands posed.

5. For certain groups, the act of spreading slander and lies during the campaign has become
a popular culture and practise. There are parties following the 13 th GE that have inspired
young supporters to engage in street protests in many locations throughout the country. They
made some unfair demands as a sign of protest that the election results were unjust, including
asking all EC members to resign. The EC chairman and deputy have been mocked and their
photo have been trampled on. At the same time, while waving the Jalur Gemilang upside
down, Malaysian students who were abroad held a demonstration wearing black shirts.
Furthermore, when the 14th GE was introduced, the EC only urged all people to continue to be
patient and perform voting according to their respective wishes.
6.0 List of Chairman of The Election Commission

Date of
No. Name Retirement
Appointment

YBhg Dato Haji Mustapha Albakri bin Hj

1 4 September 1957 15 Oktober 1967
Hassan

2 YBhg Tan Sri Datuk Ahmad bin Perang 16 Oktober 1967 9 Ogos 1977

3 YBhg Tan Sri Datuk Abdul Kadir bin Talib 10 Ogos 1977 11 Oktober 1990

4 YBhg Datuk Harun bin Din 12 Oktober 1990 20 Jun 1999

YBhg Tan Sri Dato Omar bin Mohd. 11 November

5 21 Jun 1999
Hashim 2000

YBhg Tan Sri Abdul Rashid bin Abdul

6 12 November 2000 30 Disember 2008
Rahman

YBhg Tan Sri Dato Seri Abdul Aziz bin

7 31 Disember 2008 24 Januari 2016
Mohd Yusof

8 YBhg Tan Sri Mohd Hashim Bin Abdullah 24 Januari 2016 1 Julai 2018

9 YBhg Datuk Azhar bin Azizan @ Harun 21 September 2018 29 Jun 2020

10 YBhg Datuk Abdul Ghani bin Salleh 21 Ogos 2020 now

7.0 SWOT Analysis

Strength
 Conduct general elections to the House of Representatives (Dewan Rakyat) and State
Legislative Assembly (Dewan Undangan Negeri) and conduct by elections in the event of a
vacancy of a government. In addition, the Election Commission also conducts voter
registration and voter registration review. Furthermore, Malaysia’s election commission is also
the only body that's responsible for any elections.

Weakness

Among the disadvantages of Malaysian election commission is that it is tiring and costly
because the campaign run time is longer, thus involving the participation of more election
machinery. Another downside of it is the topic of campaign talks will further diversify
candidates to win votes that may touch on increasingly sensitive controversial issues such as
racism and conflict of interest between parties.

Opportunities

The main thing in the election process is the need to build a group of voters who get reliable
information so that when making decisions later, they can make a good judgement. As an
electoral operator, the EC wants to achieve the goal that people need the right knowledge as
voters to help them make choices wisely through the ballot box. The media is one of the best
outlets in this sense that plays a role in helping to relay information during elections to people.
The rapid development of ICT has altered society's view of the role of the media in elections.
As disseminators of information, print and electronic media have opportunities in the
democratic process that can help voters make assessments and decisions on polling day.

Threats
Among the threats against the Malaysian election commission is related to corruption cases
during Global Election 13 where many people claimed that Bangladeshis were given the right
to vote just like Malaysians by providing them with a fake Identity Card. Also, the issue of the
use of permanent ink is considered imperfect as it can be used in election fraud by marking
supporters of the opposition party before they have a chance to cast their ballots. In addition,
there are reports that permanent ink can be washed with bleach from the hands of voters.

8.0 Conclusions
The election-managing agency is called the Election Board. From an organisational point of
view, there are different types and obligations of the EC, which vary from one country to
another. The EC must be free from the legal point of view and free to act and take decisions
in relation to its roles and obligations in order to allow the electoral management body to
exercise its functions freely and equally. In all matters relating to the execution of functions,
the EC is responsible for the YDPA. In all matters relating to the execution of functions, the
EC is responsible for the YDPA. When the EC is in communication with the Prime Minister,
the status and role of the Prime Minister as Head of Government, elected by the people
through elections, is taken into account. In order to ensure the EC's freedom of conduct in the
execution of its duties, the legislation provides that remuneration for members of the EC panel
shall be paid to a separate fund expressly provided for in the Election Commission Act 1957.
In this way, problems and matters relating to the remuneration of the EC panel are removed
from discussion in Parliament.