2018 General Elections and subsequent political events heralded a new opportunity for Malaysia to relook at the electoral system and processes. The Election Commission (EC), which is tasked to run elections, is perceived to be slightly free from political influence (Ting & Kam, 2021). Meanwhile, the 2022 elections have shown the major positive of the first-past-the-post (FPTP) system—the formation of a stable government—was undermined when no single coalition won a majority of seats to form the government outright. Hence, the opportunity to reexamine the mechanisms involved in electing leaders has arrived. This piece examines the relevant election reforms—both requiring and not requiring legislations—and the reasons for such reforms.
Current System and Problems
Malaysia inherited the FPTP system from the dying days of the British Colonial era, and practices Single-Member Territorial Representation (SMTR). The EC was formed shortly after Malayan Merdeka to conduct elections for Dewan Rakyat (DR) and Dewan Undangan Negeri (DUN), prepare electoral rolls, and propose electoral boundaries for DR and DUN constituencies. In terms of the voting process, there are three types of voting: Postal Voting, Early Voting, and Ordinary Voting.
In the book, The Conduct of Elections in Malaysia, written by Abdul Rashid Abdul Rahman (former Chairman of the EC) in 1994, the author outlined the following benefits of the FPTP system:
- Practical and simple
- Opportunity for voters to choose the candidates
- Facilitating a stable government (i.e., a single party can win more than half the seats required to form the government)
- Speedy results, which reduce tensions and post-election instability
In a 2021 report by Ting and Kam, Malaysians still have a strong preference for an electoral system that favours constituency-level representation, and can deliver political stability, which are central benefits of the FPTP system (Ting, 2021). However, the 15th General Elections of 2022 heralded the end of the perception that FPTP can deliver a stable government that is built on a single coalition or one party winning the outright majority of the seats.
Since FPTP requires geographical representation, the process of drawing electoral boundaries or redelineation is essential for the formation of constituencies that are accessible, representative, and equal. The redelineation process is guided by Article 113 and 13th Schedule, and while the EC conducts the redelineation process, the final proposal is approved by the DR. The original constitution envisioned an independent EC to carry out the redelineation process, without requiring the approval of Parliament. The Malayan Constitution of 1957 provided strict guidelines for constituency redelineation, in which constituencies should be +/-15% of state averages for constituency electorate sizes. However, these constitutional principles have been diluted since 1962, and the EC has lost its final authority on redelineation. In the study conducted by Ting and Kam, the EC has been negatively perceived due to its conduct in the redelineation process — both in terms of execution and freedom from political interference—followed by its management of postal vote (Ting & Kam, 2021). Malaysian constituencies drawn in the recent redelineation exercises were marked with gross violations of malapportionment (i.e., inequality of voting power) and gerrymandering (i.e., favouring certain political parties).
For the election process, the Malaysian system is guided by the Elections Act 1958, the Election Offences Act 1954 (EOA), and a series of election regulations. Previous general elections were marred with incidents of irregularities, and this has tarnished the EC’s reputation. Simultaneously, the EOA doesn’t empower the EC to enforce punishment on offenders—despite listing the various offences.
Proposed solutions
Since the election process will give rise to and provide legitimacy for a government over the next five years, past electoral experiences necessitate reform solutions for the Malaysian government and the EC to consider. We can divide the reform solutions into two categories: (1) reforms requiring no legislation amendment; and (2) reforms requiring legislation amendments.
1. Reforms requiring no legislation amendment
One of the reforms the EC can carry out is lengthening the campaign period. Currently, the election campaign period is usually around 14 days. According to our Conduct of Elections, the minimum campaign period the EC can provide is 11 days. The EC should consider lengthening the period to 21 days. There are two reasons for this longer period: (1) It will provide candidates and political parties with more time to campaign and organise the manpower required for polling day; and (2) The lengthened period will allow the postal ballots issued to Overseas Malaysians to be received within a reasonable timeframe and, more importantly, allow the ballots to be returned to the constituency before the deadline.
The enfranchisement of Overseas Malaysians and outstation East Malaysians/Peninsular Malaysian voters as postal voters should be carried out earlier. As per the Postal Vote Regulations, the EC has the power to classify voter categories via a Gazette notice. It is recommended that the EC should consider gazetting Overseas Malaysians as an eligible class of postal voters three to six months before a scheduled dissolution of the DR and DUN. This will allow sufficient time for Overseas Malaysians to register easily and prevent overloading of the postal vote registration system. Similarly, in preparation for the coming Sabah State Elections (which are scheduled for later this year), the EC should define a class of postal voters for all Sabahan voters who reside outside Sabah. This will ensure that Sabahan voters can exercise their right to vote without resorting to expensive trips back to Sabah.
Moreover, the EC must reexamine all the polling districts, which are the foundational blocks of Malaysian constituencies that define where a voter can vote. Each Parliamentary constituency is divided into two or more state constituencies, and these state constituencies are further divided into polling districts. The Elections Act 1958 grants the power to the EC to subdivide all constituencies into polling districts, assign polling centres, and, if necessary, modify such polling districts and change polling centres. The 2016 subdivision of polling districts in Peninsular Malaysia and Sabah has resulted in highly irregular-shaped polling districts. Even though the EC has placed a cap on the maximum number of voters for a polling district to 3,850 voters, such limits are no longer adhered to. The most populous polling district is Kuala Baram in Miri, which has more voters than the entire parliamentary constituency of Igan (Sarawak).
Therefore, the EC should build polling districts that include:
- The voter count is 2–4% of the average parliamentary electorate count of the state
- Has two in-house polling centres
- Has boundaries that respect district/local authority boundaries and local ties
- Has a correct association with localities (i.e., a collection of voter groups based on location)
- Has a name reflective of the area
2. Reforms requiring legislation amendment
There needs to be a legislation change for the various facets guiding the election process. The EOA 1954 should be amended to give power to the EC to issue compounds and fines for the various offences listed in the Act. Similarly, the EOA should be amended to lower the eligibility age of the Polling Agent, Counting Agent, Barung Agent (PACABA), and election agent. The maximum candidate spending for an election should be capped to RM 5 per voter for DR and DUN elections. For the conduct of elections, nomination hours should be extended to 9 a.m. to 5 p.m. in a single day, a longer campaign period (no less than 21 days) should be instituted with two cooling-off days, and a more rigorous documentation process associated with elections should be implemented.
In the realm of redelineation, constitutional amendments are required—ranging from the body of running the redelineation process to the manner of local inquiries associated with redelineation. Redelineation should be conducted by a truly independent body, separate from the EC—such as an independent Boundaries Commission. The guiding principles of redelineation should be strict and clear. We must bring the deviation limits for constituency electorate size in Peninsular Malaysia to +/-10% of the average of the Peninsular Malaysian electorate size, and in East Malaysia, it should be +/-20% of the average of the East Malaysian electorate size. The Boundaries Commission should be given the final authority on the redelineation process, without interference from Parliament. The information communicated during the redelineation process must enable voters to exercise their right to submit representations effectively.
The major electoral reform would be the eventual shift from FPTP to a Mixed-Member Proportional system. Malaysia is facing a unique situation in which FPTP is yielding the downsides of the proportional system (i.e., the inability to form a government by single coalition/party, which deepens racial politics), without the benefits of such a system. A mixed electoral system will retain FPTP constituencies, while introducing party-list representation (i.e., a proportional system). This will allow voters a greater choice in choosing representatives (i.e., one for their local constituency and another for national-level representation). Additionally, a mixed electoral system will allow non-racial parties to win representation, as their support base might be too thin for geographical constituencies. This, in turn, will facilitate Malaysia’s ability to go beyond racial and religious divides. Finally, mixed electoral systems widen the scope for political parties to compete and collaborate. The current FPTP in Malaysia has reinforced the pre-electoral coalitions for an indefinite period. This limits the ability of political parties to go beyond their support bases.
Conclusion
In conclusion, Malaysia is badly in need of electoral reforms—both in the short and long term. Post-GE14 and GE15 political situations allow for the window of opportunity to reexamine the outdated electoral system and processes. Laying the foundation of new politics beyond race and religion starts with electoral reforms.
References
Abdul Rahman, A. R. (1994). The conduct of elections in Malaysia. Berita Publishing Sdn Bhd.
Ting, H. M. (2022). Electoral system change for a more democratic Malaysia? Challenges and options. UKM Press. https://www.ukm.my/ikmas/publication/electoral-system-change-for-a-more-democratic-malaysia/
Ting, H. M., & Kam, A. J. (2021). Public perceptions of the Election Commission, election management, and democracy in Malaysia (Trends in Southeast Asia No. 19). ISEAS – Yusof Ishak Institute. https://bookshop.iseas.edu.sg/publication/7781
Author
Danesh Prakash Chacko
