LETTER | Reform Election Offences Act to enhance fairness

LETTER | In our ongoing efforts to ensure the integrity and fairness of Malaysia’s electoral process, TindakMalaysia Network Services PLT (Tindak Malaysia) advocates a comprehensive review of the Election Offences Act 1954.

This crucial legislation has been pivotal in regulating and preventing various forms of electoral misconduct.

However, with the rapid changes in the political landscape and evolving public expectations, the act must be revisited and updated to remain effective and relevant.

We believe it is time for the government, in collaboration with the Election Commission (EC), to review and update the Election Offences Act 1954.

Our report aims to update our past proposal to this act and to advocate for prioritising reforms to the current legal framework.

Our report is accessible via our web page under “Special Update (for Election Offences Act)”.

Our proposed recommendations include several key areas that we believe should be addressed:

We, Tindak Malaysia, propose reinstating sections we previously advocated for removal from the act.

These include critical provisions related to statements, accounts, and expenditures connected to elections.

Specifically, this involves the requirements for the publication of financial statements and allowing for exceptions in cases of non-compliance with regulations governing election-related expenditures.

We believe having these sections will enhance transparency and accountability in election financing in Malaysia.

In addition, we also called for the consideration of these proposed amendments to the act:

1. Authorisation for voter transportation: We propose granting the
EC authority to oversee and authorise voter transportation.

This measure is to ensure all eligible voters, especially those in remote or underserved areas, can exercise their right to vote without logistical hindrances.

Properly managed voter transportation can significantly increase voter turnout and enhance the inclusivity of the electoral process.

2. Employer permissions for election duties: We propose to include granting employers the authority to allow their employees to take time off to participate in election duties.

This change will facilitate greater involvement of citizens in the electoral process and ensure that election-related tasks are carried out effectively.

By supporting employees who serve in election-related roles, employers contribute to the smooth operation of elections and uphold democratic values.

3. Lowering the age of becoming an election agent, polling agent, and counting agent: We propose to lower the age of becoming an election agent in the wake of the lowering of the voting age.

This should be in line with the commitment to allowing youths to participate in the electoral process.

4. Allow the EC to issue fines: We propose to allow the EC to fine and compound electoral offences of not more than RM5,000. This is to grant more enforcement powers to the EC in curbing electoral offences.

5. Amendment of maximum expenses incurred by candidates and maximum campaign expenses for political parties: We propose to limit candidate expenses for both parliamentary and state elections to RM5 per voter as well as limiting campaign expenses for political parties to RM10 per voter in both parliamentary and state elections.

While our proposal includes political party expense limits, we understand there are ongoing efforts by the current government to legislate a Political Financing Bill.

We will maintain the call of having a law governing political financing in Malaysia.

6. Call for an audit into election expenses: We propose to empower the EC under the act to audit election expenses incurred by both political parties and their candidates respectively.

The candidate’s election expenses must be thoroughly audited to prevent electoral malpractices and imbalances in terms of spending power between political candidates.

We urge the government and the EC to consider these recommendations to ensure a more transparent, accountable, and efficient electoral process.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.