ELECTION OBSERVATION

REPORT ON THE 15TH

MALAYSIAN GENERAL ELECTION
Copyright reserved © 2023 by the Coalition for Clean and Fair
Elections

This report is the property of BERSIH and may be used in whole or in part
with BERSIH's permission. BERSIH is not responsible for any content used
without BERSIH's permission.

This report may be cited as the GE15 (2023) Observation Report -

[Link]

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TABLE OF CONTENT
Appreciation 3
Executive Summary 4-5
Election Offences 6-7
List of Proposed Improvements 8
GE15 MONITORING REPORT
Chapter 1: Introduction 9-12
Chapter 2: Election Monitoring 13-18
Chapter 3: Findings by Bersih 19-49
Monitoring Team
Chapter 4: Conclusion 50-51
Chapter 5: Expenditure 52-53
Chapter 6: Reform Proposals 54-59
Appendix 60-66

2
Appreciation
The Coalition for Clean and Fair Elections (BERSIH) expresses its utmost
appreciation to Bersih Monitoring Team and volunteers who worked
tirelessly to ensure free and fair election in GE15. They played a crucial
role in observing and monitoring the candidates as well as the political
parties in their conduct of election campaign. They also exhausted
themselves physically on the polling day to observe the election process
at many polling stations. The Bersih Monitoring Team and volunteers are
passionate and committed to the cause of free and fair election as a
cornerstone of democracy. They not only observed and reported what
they have witnessed but took extra efforts to put forth
recommendations for improvement. Bersih took note of all construction
suggestions. Last but not least, Bersih also thanks all citizens of Malaysia
who contributed and supported us over the years, directly and indirectly,
towards our works.

3
Executive Summary The results of the monitoring will be
summarized as follows:
The 15th General Election (GE15) was held on
19th November 2022. This election was the first Voting Access
general election in which 18-year-old citizens
Postal Voting
were eligible to vote. The constitutional
amendment in 2019 that lowered the voting age The Election Commission (EC) opened
and introduced automatic voter registration the application for postal voting
resulted in an increase of 6.2 million voters as immediately after the dissolution of
compared to the previous 14th General Election. Parliament on 9th October 2022. Eligible
voters could apply online through the
GE15 took place unexpectedly after the MySPR website. However, there was
presentation of the Federal Government Budget confusion about the application and
2023 by Prime Minister Ismail Sabri. As a result, registration process. Voters need to first
elections at the federal level and in several states create a MySPR account. After
were not held simultaneously. Only states under submitting application with copy of
BN such as Perak, Pahang, and Perlis dissolved Identity Card and selfie, voters need to
their State Legislative Assembly (DUN). States wait for two to three days for the
under PH and PAS such as Penang, Selangor, account to be approved by the EC. Only
Negeri Sembilan, Kedah, Kelantan, and after the MySPR account is successfully
Terengganu did not dissolve their DUN. opened that voters can proceed on the
2nd step to apply as postal voters. An
This election was also conducted after the application for postal voting takes two to
presentation and approval of constitutional three days to be approved. However,
amendments on 9th August 2022 to prevent there was still a significant increase in
party-hopping, which was then gazetted on 6th the number of postal voters, especially
September 2022. This amendment only applies at for category 1B voters (voters residing
the federal level as the states would have to abroad), from 7,979 in the 14th General
amend their constitutions separately. Election (GE14) to 48,109 in the 15th
General Election (GE15).
BERSIH mobilized a GE15 MONITORING TEAM to
monitor the conduct of the election. The Despite the efforts made, more category
MONITORING TEAM was divided into three 1B voters, approximately 1 million, were
groups: Physical Monitors who were registered not registered as postal voters due to
with the Election Commission as Election several factors. These factors include
Observers, Online Monitors who monitored social lack of awareness of the postal voting
media campaigns, and Media Monitors who facilities provided by the EC, a lack of
monitored news reports for any election trust in the postal voting process, and
irregularities. BERSIH recruited 100 Election uncertainty about whether the ballot
Observers who successfully monitored 59 papers will arrive on time at Malaysia. A
parliamentary constituencies nationwide. A total problematic postal voting system poses
of 300 polling stations were monitored. challenges for voters to register, receive,
and return ballot papers.

4
Accessibility of Voting for Persons with Disabilities Issue of Out-of-Area Voters
(OKU)
Due to the sudden announcement of the
EC needs to provide more assistance and
GE15, voters, especially those from
infrastructure to facilitate people with disabilities
Sabah and Sarawak who work or study
(OKU) to exercise their rights to vote. At present,
in the Peninsular, and vice versa, were
OKU voters are only given privilege to vote
unable to plan their travel effectively at
through Channel 1, and only one wheelchair is
an affordable cost. The high price of
provided at each polling centre. However, some
flight tickets became a barrier for voters
polling centres still do not provide wheelchair
to return to their respective
facilities, such as SK Rangalau Baru, SK
constituencies to vote. In addition to the
Malanggang Baru, SJK(C) St Philip Tuaran, SK
obstacle caused by expensive airfare, if
Nongkulud, and SK Gayan in the Tuaran
the voters are in a rural area that
Parliament.
requires them to rent a boat or four-
wheeled vehicle to enter, all of these
In addition, educational materials and election
expenses can be significant.
guides are not user-friendly for OKU, especially
for those with visual, hearing, and learning
Misinformation and False/Inaccurate
disabilities. OKU voters also find it difficult to
Information during the Election
access political party/candidate campaigns and
speeches. During the election campaign, the
Bersih’s Monitoring Team found that
Bersih Monitoring Group found that only Pakatan
there were 13 pieces of inaccurate, false
Harapan (PH) candidates in the Segambut
information circulating on social media
Parliament used the Malaysian Sign Language
and WhatsApp groups that could cause
(JBIM) service in several of their speeches.
trust issues in the electoral process and
the election management body. Some of
Healthcare Officer and Election Officer Unable to Vote this (mis)information includes the use of
by Post ID card readers by the EC to prevent
non-Malay voters from voting, Malaysia
Bersih’s observers found that the Health embassies abroad are receiving postal
Department in several states did not provide votes, and voter information checks on a
guidance or instructions for healthcare officers in website that cannot be verified. BERSIH
government hospitals or health clinics to apply has set up a team to fact-check and
for postal voting. Some healthcare officers were create a section on the monitoring
concerned that they will not be able to vote website listing frequently asked
because they have to work on polling day. questions about the electoral process
Healthcare officers who work in private hospitals and answering false information
also face the same issue as they are not eligible (misinformation).
to become postal voters under category 1C.

Other than healthcare officers, Bersih’s

observation also found that some election
officers such as polling clerks and presiding
officers at polling stations were unable to become
postal voters even though they were eligible and
had submitted applications to become postal
voters.

5
Election Offences
Food and Gift Offerings: Bersih’s Monitoring Team received 58 reports under this
offence. This offence was mostly committed by Barisan Nasional (BN), followed by PH
and Perikatan National (PN). Common offences included offering food such as
community feasts, free oil changes for motorcycles and vehicles, distribution of food
and necessities, and lucky draw prizes.

Misuse of Government Resources: There were two types of offences under this
category : the use of government assets for campaigning and undue influence by the
government. Undue influence by the government is defined as any gift given by a
ministry, agency or government department or any government institution during
campaign events. The use of government assets includes the use of any government
building/premises such as hospitals, schools, police stations, the use of government
vehicles, and civil servants for campaigning. Bersih’s Monitoring Team recorded 27
cases of undue influence and 11 cases of misuse of government assets. Common
instances of the use of government resources for campaigning included
announcements of new financial policies such as debt relief, new allowances,
financial assistance from the government, groundbreaking ceremonies, campaigning
during government official events, and the use of government-owned social media
for campaigning.

Bribery and vote buying: Bribery and vote buying are defined as any giving of
money by any party including candidates and political parties in exchange for voting
or not voting for a particular candidate or political party. The Bersih’s Monitoring
Team received 5 reports that can be considered offence of bribery and vote buying.
Among the reports received are offences related to the provision of transportation
fees for voters (by political parties) and the distribution of money to voters. Due to
insufficient data, the Bersih’s Monitoring Team cannot draw any conclusion as to
whether bribery and vote-buying activities had increased or decreased in GE15.

Excessive election spending: Bersih’s Monitoring Team received 7 reports regarding

campaign spending that may be excessive. The spending limit for elections at the
level of the House of Parliament is RM200,000 while at the state legislative assembly
is RM100,000. Among the campaign expenses that can be considered excessive
includes the placement of candidate posters on billboards, food banquets such as
open houses, and the distribution of valuable goods.

6
Aggressive campaigning, disruption, and intimidation: Bersih’s Monitoring Team
recorded 21 incidents of intimidation and violence during campaigning. These
include incidents of disruption at political parties’ or candidates’ campaign events,
speeches that contain excessive religious or racial content, damages and vandalism
to political parties’ or candidates’ campaign materials.

Postal voting: Bersih’s Monitoring Team received 7 reports related to postal voting.
Among the complaints were technical issues in the MySPR application and postal
voting process, voters did not receive postal ballots in time before polling day, high
postage costs for the marked postal ballots to be send back to the respective
constituencies, and mistakes such as the returned envelopes contain no address for
which the voters can send the marked ballot paper to.

Voter Registration/Electoral Roll: Bersih’s Monitoring Team received 10 complaints

regarding voter registration and electoral roll. There were misunderstanding among
voters, especially those who turn 18 after 31st August 2022, and before 19th
November 2022, who believe that they are eligible to vote, which they are not as the
electoral roll gazetted for GE15 is up to 31st August. In addition, there are still issues
such as a deceased voters who are still on the electoral roll, voters being barred from
voting on polling day as they are recoded as Absentee Voters (PTH) which they are
not, and voters who have been moved to a different parliamentary constituency as
compare to GE14 which they did not apply for such move.

Polling day issues: Bersih’s Monitoring Team received 153 reports regarding issues
on polling day. Among them are incidents of election offences committed on polling
day, transporting and ferrying voters in vehicle with political parties or candidates’
logo, cases of voter impersonation, incident where candidates were not informed of
the delay of closing time on polling day, and the shutting down of the MySPR Semak
website two days before the polling day.

7
 List of Proposed Improvements

1. Enactment of Fixed-term Parliament Act: Bersih proposes the enactment of the

Fixed-term Parliamentary Act as a step towards political stability. This act will, among
others, fix a parliamentary term and provide that the Prime Minister must obtain a two-
thirds majority support from the Dewan Rakyat before seeking the consent of the Yang
di-Pertuan Agong to dissolve Parliament before the end of its term. This would help all
those involved in the election either directly or indirectly to be better prepared,
especially the EC.

2. Amendment to the Election Offences Act: Bersih proposes various amendments to

the Election Offences Act 1954 as it is outdated and contains serious loopholes. The
amendment includes providing clearer definition of certain election offences in the Act
as well as to include other offences such as misuse of government machinery and
resources. Amendments are also recommended to provide enforcement powers to the
EC.

3. Establishment of a Permanent Parliamentary Standing Committee (PPSC) on

Electoral Reform: Bersih proposes the establishment of this PPSC to enable an
oversight by the Parliament on Election Commission and election related matters.

4. Improvement on Election Process for Persons with Disabilities (OKU): Bersih

proposes reform to ensure a more inclusive electoral process for OKU, particularly in
terms of delivering key election information as well as political party manifestos to the
OKU communities. Additionally, it is important for the EC to improve on basic facilities
for OKU voters on the polling day.

5. Improvement on Postal Voting Process: Bersih proposes a thorough reform on the

postal voting process to accommodate the increasing number of postal voters. The
current manual system and capacity of the EC is unable to effectively manage the huge
number of postal voters. Bersih proposes the use of technology, such as allowing
overseas postal voters to download and print their ballot papers, rather than having to
wait for ballot papers to be sent to their place of residence.

6. Improvement on Election Observation: Bersih proposes improvement on the

recruitment and training of election observers. Application as election observer can be
open earlier, just like other election positions such as polling clerks or presiding officers,
so that they are better prepared and given more comprehensive briefings.

8
GE15 MONITORING
REPORT
CHAPTER 1:
INTRODUCTION

89
 Political Background to GE15

The 15th General Election (GE15) was held on 19th November 2022. It was called
against a backdrop of tense political situation despite the Transformation and Political
Stability Memorandum of Understanding (MOU) signed between the opposition led by
Pakatan Harapan and the Federal Government in September 2021. This election also
saw a showdown between three major political blocs in Peninsular Malaysia, namely
Pakatan Harapan (PH), Perikatan Nasional (PN) and Barisan Nasional (BN), as well as
two major blocs in Sabah and Sarawak, namely Gerakan Rakyat Sabah (GRS) and
Gabungan Parti Sarawak (GPS). The voter turnout for GE15 was 73.89% equivalent to
15.5 million voters.

1. Implementation of UNDI18 and Automatic Voter Registration

On 16th July 2019, Malaysia achieved an important milestone for democracy when the
Parliament unanimously passed an amendment to Article 119 of the Federal
Constitution to lower the voting age from 21 years to 18 years, allow automatic voter
1
registration and lower the eligibility age to run as a candidate to 18 years old. The
amendment added approximately 6.2 million voters to the electoral roll as compared
to the GE14. The total number of voters for GE15 was 21.1 million.

2. Dissolution of Parliament and certain State Assembly (DUN) immediately after the
presentation of Budget 2023

The then Finance Minister Datuk Seri Tengku Zafrul presented the 2023 Budget on 7th
October 2022. The budget, themed "Prosperous Malaysian Family Budget Together,"
was amounted to RM372 billion. However, the budget was not debated and passed
because a few days thereafter, on 10th October 2022, the then Prime Minister Datuk
Seri Ismail Sabri dissolved Parliament.

The short gap between the presentation of the 2023 Budget and the dissolution of
Parliament can be seen as unfair action because the ruling party may capitalise the
items in the budget as campaign material even though it has not yet been approved.

At the state level, the Pahang State Government presented the state budget on 7th
2
October 2022, before dissolving DUN on 14th October 2022 in order to hold the state
election simultaneously with the federal election.

10
1
“Malaysia Lakar Sejarah, RUU undi 18 tahun lulus”, Sinar Harian. 16 Julai 2019. Malaysia lakar sejarah, RUU undi 18 tahun lulus - Sinar Harian).
2 “DUN Pahang bubar hari ini - Menteri Besar”, Berita Harian. 14 Oktober 2022. DUN Pahang bubar hari ini - Menteri Besar
 3. Election during Monsoon Season/Flood Season

The dissolution of Parliament during monsoon season and yearly northeast floods
may be seen as a tactic to block or reduce voters’ turnout in GE15 which could benefit
certain political parties. Many are concerned that holding elections during the
country's monsoon season and flood season, combined with a sudden increase in
number of voters, will result in low turnout rate. This is especially so in flood-prone
areas such as the East Coast. In fact, even before the polling day on 19th November
2022, there were areas hit by severe floods such as Pulau Langkawi, Kota Kinabalu,
Tuaran, and Besut. This can be evidenced by the postponement of poll at 12 polling
stations in the Baram, a parliament constituency in Sarawak duet of severe flood. The
polling was postponed to on 21st November.

Dissolution of Parliament and certain State Assembly not Simultaneous

This general election is also unique because the dissolution of Parliament did not occur
simultaneously with several state assemblies. Only Perlis, Perak and Pahang dissolved
their respective State Assemblies concurrently with the dissolution of Parliament, and
these states were under the administration of BN. Whereas Sabah, Sarawak, Melaka
and Johor did not dissolve their State Assemblies because they had conducted
elections less than two years before. Meanwhile, states under the administration of PH
which are Penang, Selangor, Negeri Sembilan, as well as Kedah, Terengganu and
Kelantan under PAS did not dissolve their respective State Assemblies. One of the
reasons given was to focus on flood relief efforts due to the Northeast Monsoon
3
instead of engaging in election campaigning.

5. Out-of-State voting

The unexpected GE15 highligted the concerns on access to voting, in particular, for
voters staying outside their respective constituencies, especially voters from Sabah
4
and Sarawak who reside on the Peninsular for work or studies, and vice versa. The
high cost of air tickets and the proximity of the polling date to holidays such as
Christmas made these voters think twice about buying another plane ticket to return
home just to vote. Even the Deputy Chief Minister of Sabah, Datuk Seri Bung Mokhtar
Radin, urged the federal government to control price of air fares leading up to the
5
polling day.

3
“PRU15: Pulau Pinang, Negeri Sembilan, Selangor sah tidak bubar DUN”, Kosmo. 15 Oktober 2022. PRU15: Pulau Pinang, Negeri Sembilan dan Selangor sah tidak bubar DUN -

11
Kosmo Digital
4
“PRU15: Tiket Penerbangan Mahal, hasrat untuk mengundi terpaksa dilupakan - Pelajar IPT”, Astro Awani. 29 Oktober 2022. PRU15: Tiket penerbangan mahal, hasrat untuk
mengundi mungkin terpaksa dilupakan - Pelajar IPT | Astro Awani
5 “PRU15: Kerajaan digesa kawal harga tiket penerbangan”, Berita Harian. 26 Oktober 2022. PRU15: Tambang mahal, kerajaan digesa kawal harga tiket penerbanganMemorandum
 6. Constitutional Amendment on Anti Party Hopping
6
One of the main reform items in the MOU is the Anti-Party Hopping Bill (RUU). This
RUU was first presented in Parliament on 11th April, 2022, and was unanimously
passed by 209 Members of Parliament present on 28th July 2022. The bill was then
passed at the Senate on 9th August 2022. The Constitutional Amendment on Anti-Party
Hopping Bill was gazetted on 6th September, 2022, and came into effect on 5th
October 2022. However, this bill only applies to Members of Parliament. Each state, if
the they want to have such law, must present and pass it at their respective state
assemblies.

BERSIH 2018-2022: ELECTORAL AND INSTITUTIONAL REFORM

From 2018 to 2022, BERSIH continues to propose and advocate for electoral and
institutional reform. After the 14th General Election in 2018, BERSIH took part in the
Electoral Reform Committee set up by the then Prime Minister to look into an overall
electoral reform and conducted various engagement sessions, workshops, and
meetings with stakeholders.

This committee proposed 49 recommendations for improving the election system and
the relvant laws. However, in 2020, the country was shaken by the Sheraton Move,
which saw the downfall of the PH government after 22 months in power. Parti Pribumi
Bersatu Malaysia (PPBM) and some Members of Parliament from the Parti Keadilan
Rakyat (PKR) left PH and formed a new government with BN and PAS, with Tan Sri
Muhyiddin Yassin becoming the Eighth Prime Minister, replacing Tun Dr Mahathir
Mohamad. The Sheraton Move revealed a serious weakness in the country's
democratic system.

During 2020 to 2021, BERSIH produced 19 research papers that analyzed the
weaknesses of the current system and proposed policies and reforms that were more
resilient and in line with the country's political development. Among the research
papers produced were on electoral boundaries, improved voting access, election
management body reform, the restoration of Parliament Services Act, recall
mechanism of elected representatives, reform of the Attorney General's Department,
and public funding for political parties in Malaysia.

BERSIH submitted a memorandum urging the Anti-Party Hopping Bill (RUU) to be

presented before the Fifth Session of the 14th Parliament was suspended. BERSIH also
submitted a memorandum calling on the government to restore the Parliamentary
Services Act as a step towards returning parliamentary autonomy in line with the
MOU.

6
Memorandum Persefahaman Transformasi dan Kestabilan Politik, Bahagian Lampiran, Halaman 14: Memorandum Persefahaman Transformasi dan Kestabilan Politik 12
GE15 MONITORING
REPORT
CHAPTER 2:
ELECTION MONITORING

813
 Legal Framework and Ethics

Elections must be conducted freely and transparently to ensure the integrity of the
electoral process and provide legitimacy to the outcomes.

BERSIH's election monitoring is based on:

1. The existing laws governing elections in Malaysia

2. International conventions, principles, and practices of free and fair elections

In Malaysia, the acts, regulations, and guidelines that are used to outline the conduct
of elections include:

1. The Federal Constitution

2. The Election Offences Act 1954
3. The Election Act 1958
4. The Election Commission Act 1957
5. The Election (Conduct of Elections) Regulations 1981
6. The Election (Registration of Electors) Regulations 2002
7. The Election (Postal Voting) Regulations 2003
7
Guidelines for the Functioning of the Caretaker Government

However, the existing laws, especially the Election Offences Act, contain many
loopholes. In 2021, the Malaysian government issued Caretaker Government
7
Functions and Guidelines, but the guidelines are very brief and do not cover the use
of government machinery and resources as well as undue influence and interference
by the government.

Convention, Principles and Practices of Free and Fair Elections at the

International Level

BERSIH adopts several good practices at the international level as follows:

1. Inter-Parliamentary Union’s Declaration on the Criteria for Free and Fair

Elections (hereinafter referred to as the IPU Declaration on Free and Fair
Elections);
2. Bangkok Declaration on Free and Fair Election 2012 (hereinafter referred to as
the Bangkok Declaration);
3. Australian Government Guidance on Caretaker Convention 2021 (hereinafter
referred to as the Australian Caretaker Convention).

7
Fungsi dan Peranan Kerajaan Caretaker, Tan Sri Dato’ Seri Mohd Zuki bin Ali, Ketua Setiausaha Negara, 17 Ogos 2021. [Link]
dan-peranan-kerajaan-caretaker
14
 These principles, practices and conventions are mainly used in relation to the
separation of roles between government and party, the role of the caretaker
government and the use of government machinery and resources for election
campaign purposes.

Monitoring Methodology

Election Observersation

BERSIH is accredited by the EC, under the PEMERHATI program, to observe elections
and this continues to be our main works. For GE15, BERSIH recruited 100 observers to
monitor 300 polling stations in 59 constituencies nationwide. The observers received 3
briefings on the electoral process conducted by BERSIH as well as briefings from the
EC.

The election observation covers the following processes:

1. Nomination day;
2. Issuance of ballot papers on postal vote
3. Election campaign;
4. Advance voting;
5. Process on checking and sealing ballot boxes;
6. Polling day;
7. Advance vote counting process;
8. Postal vote counting process;
9. Vote counting process; and
10. Official tabulation of vote process.

Below is the list of constituencies observed by the BERSIH’s Monitoring Team:

Kedah
P009- Alor Setar Kelantan
P010- Kuala Kedah P023- Rantau Panjang
P015- Sungai Petani P025- Bachok
P018- Kulim-Bandar Baharu
Terengganu
Pulau Pinang P039- Dungun
P043- Bagan
P052- Bayan Baru Pahang
P053- Balik Pulau P083- Kuantan
Perak PP089- Bentong
P058- Bagan Serai
P063- Tambun Kuala Lumpur
P064- Ipoh Timor P117- Segambut Sabah
P066- Batu Gajah P118- Setiawangsa P170- Tuaran
P069- Parit P120- Bukit Bintang P172- Kota Kinabalu
P077- Tanjung Malim P122- Seputeh P174- Penampang
P123- Cheras P180- Keningau
Selangor P124- Bandar Tun P190- Tawau
P093- Sungai Besar Razak P191- Kalabakan
P094- Hulu Selangor P125- Putrajaya
P098- Gombak
P099- Ampang
P100- Pandan
Sarawak
P101- Hulu Langat
P193- Santubong
P102- Bangi
P196- Stampin
P104- Subang Negeri Sembilan P197- Kota Samarahan
P107- Sungai Buloh P126- Jelebu P213- Mukah
P110- Klang Johor
P128- Seremban P216- Hulu Rajang
P113- Sepang P143- Pagoh
P130- Rasah P218- Sibuti
P152- Kluang
P131- Rembau
P158- Tebrau
Melaka P159- Pasir Gudang
P137- Hang Tuah Jaya P160- Johor Bahru
P161- Pulai

15
 The EC has outlined scopes for the observation that is the election processes, but
Bersih’s Monitoring Team has a wider scope to observe and monitor political parties
and candidates in relation to election offences.

Monitoring and Reporting Mechanisms

The BERSIH Monitoring Team monitors GE15 through three methods:

1. The Physical Monitoring team registered with the EC. This team is deployed to
polling stations to observe the management and conduct of the elections in their
respective constituencies.
2. The Online Monitoring Team monitored social media contents of political parties
and candidates.
3. The Media Monitoring Team monitored online news portals and newspapers.

Actions or events that may be considered election offences are reported through an
8
online reporting form by the Monitoring Team. This online reporting form is also
accessible to the public if anyone witness any actions or events that may be
considered election offences. A complainant only needs to provide their name,
telephone number, the parliament and state assembly constituency where the offence
was allegedly committed, and a brief explanation. If there is any ambiguity in the
explanation, BERSIH will contact the complainant for further clarification and
validation.

Only actions or events that are verified and confirmed, and that corresponds to the
offences outlined in the Election Offences Act, and/or in violations of international
ethical and good election practices, will be displayed on the [Link] website.

There are ten election offences and issues that BERSIH focuses on:

1. Bribery and Vote Buying 2. Treating and Gifts

8
[Link]
16
 3. Undue Government Handouts
and Inducement

4. Intimidation, Harassment, and 5. Excessive Spending

Violence

6. Use of Government Assets

17
 7. Biased Conduct by Officials

8. Advance Voting and 9. Polling Day Issues

Postal Voting

10. Electoral Roll Issue

18
GE15 MONITORING
REPORT
CHAPTER 3:
FINDINGS BY BERSIH
MONITORING TEAM

819
 Access to Voting Issue

Postal Voting

The Election Commission (EC) has improved the process of postal voting applications
for all categories by opening up applications after the dissolution of the 14th
9
Parliament on 9th October 2022. EC has also facilitated online applications for postal
voting through MySPR ([Link] since the 15th Johor State Election in
December 2021. For GE15, online applications were opened for Category 1B and 1C
starting from 10th October 2022 until 21st October for Category 1B and 26 October for
10
Category 1C.

Election official, EC Members/Staff, Police, Army

Category 1A
Personnel, Media Personnel

Category 1B Malaysian residing in overseas

Category 1C Agency/organization permitted by EC

With the opening of Category 1B to Malaysians residing in Singapore, Southern

Thailand, Brunei and Kalimantan, the estimated number of postal voters in this
category is up to 1 million voters. BERSIH, along with other NGOs, has worked before
and after the dissolution of Parliament to encourage eligible Malaysians to register as
postal voters.

Online application as well as earlier opening of application has brought about

convenient for Malaysians living abroad under category 1B.

However, there was still confusion on the application process. Voters who wish to
apply as postal voters must first create a MySPR account by submitting a copy of their
identification card and a selfie for approval. The EC will then notify the applicant via
email whether the account-opening is successful or not. Applicants who have
successfully created the MYSPR account will then have to apply (online) to be a poster
voter, which entails another process of uploading information. The EC will then send
an email to notify if such applicant is successful in registering as a postal voter for
GE15. Bersih’s Monitoring Team received numerous enquiries in respect of the
confusion by many that successfully created a MYSPR account means a successful
application as postal voter, which is not the case. Opening a MySPR account is only the
first step before applying as a postal voter.

9
Kenyataan Media SPR Bil 23, 10 Oktober 2022
10 Kenyataan Media SPR Bil 28/2022, 20 Oktober 2022 20
 In addition to the above confusion, Bersih’s Monitoring Team also received complaints
that the period for category 1B applications was too short. The application opened on
10 October 2022, and closed on 23 October 2022. However, the EC only announced the
nomination day and polling day on 19 October 2022, leaving those overseas Malaysia
who have yet to decide whether to return home physical to vote or apply for postal
voting, not much time to register.

Nevertheless, Bersih commends that there is a significant increase in postal vote

applications in this general election. The EC has issued a total of 365,686 postal ballots
11
for the GE15, out of which 299,097 postal ballots are in Category 1A, which includes
election officials, EC officers, police officers, military personnel, and media personnel.
Category 1B, which includes Malaysian citizens residing overseas, accounts for 48,109
postal ballots, while Category 1C, which involves agencies, accounts for 15,739 postal
ballots. There are also 2,741 postal ballots for absentee voters.

The number of postal ballots issued in GE15 increased by almost 60% compared to the
last general election (212,834), especially in Category 1B, which increased by 600%
from 7,979 in GE14 to 48,109 in GE15.

While the registration rate increased remarkably, Bersih fears that it has not reach its
full potential. We attribute the reasons for this shortfall to the following:

1. A lack of awareness of the postal voting facility by the Malaysian diaspora, as

mentioned, a potential pool of one million voters. While postal voting is a
relatively new option for many, the lack of publicity by the EC through
mainstream media of the availability and the process to apply resulted in many
not exercising their voting rights through postal voting.
2. A lack of trust in the EC and the processing of postal votes made some to opt
for returning home to vote. There are fears that their ballot papers would
either not reach the Returning Officers by end of polling day or that they would
be deliberately mishandled or spoilt. This is a significant weakness in the postal
voting process especially in ensuring the ballot papers from overseas return to
Malaysia in time to be counted. The EC has taken minimal responsibility in
ensuring the delivery of postal ballots, particularly those from overseas
(Category 1B), back to Malaysia. Out of the 48,109 postal ballots in Category 1B,
more than 35,000 were brought back through the initiatives of non-
12
governmental organizations (NGOs) such as Global Bersih and Vote Malaysia.
3. It is a challenge for Malaysian voters residing overseas to register, receive, and
return the ballot papers within this current system. Bersih’s recommendations
for reform are contained in this report.

11
“PRU15: SPR keluarkan 365, 686 kertas undi pos”, Sinar Harian. 15 November 2022. PRU15: SPR keluarkan 365,686 kertas undi pos - Sinar Harian
12 Kenyataan Media Undi 18, 2 Disember 2022
21
 The EC, as the election management body in Malaysia, is responsible for ensuring that
all voters have access to voting. Article 16 of the Bangkok Declaration states that
governments must assist voters abroad to vote as much as possible if there are
technical and financial obstacles:

“Where the financial and technical resources exist, countries should strive to allow citizens
to vote from abroad with as little difficulty and inconvenience as possible. Opportunities to
vote from abroad should be expanded wherever feasible”

In addition, Bersih’s Monitoring Team also received several complaints that their postal
ballots did not arrive at all and some complained that the cost of sending their marked
ballot paper using express service was too high to bear. This is especially so for
Malaysian students studying abroad. More details are contained in the section titled
Election Offence Monitoring below.

Accessibility of Voting for Persons with Disabilities (PWD)

Based on statistics from the Department of Social Welfare (JKM), the number of
registered persons with disabilities (PWD) with JKM as of December 31 2022, is
13
633,653. However, this number may not be comprehensive as the World Health
Organization (WHO) estimates that 15% of the world's population may have disabilities
based on certain categories. With Malaysia's population of 32.4 million people, it is
likely that the actual number of PWD in Malaysia is greater than those registered.
14
There are seven categories of PWDs, which are:

1. Visual
2. Hearing
3. Speech
4. Physical
5. Learning
6. Mental
7. Multiple Disabilities

Statistics from the JKM further show that the number of eligible voters with disabilities
(PWD) aged 19 to 60 years old is almost half a million, approximately 483,815 people.

The Bersih’s Monitoring Team, observing 300 polling stations throughout the country,
concludes that the EC provides minimal facilities and assistances to PWD voters. The
only privilege given to PWD voters is priority access to Stream 1 and the provision of
wheelchairs. Stream 1 is designated for elderly voters and is located on the ground
level to facilitate access for those who have difficulty walking and need to use a
wheelchair or walking aid.

13

22
Statistik Pendaftaran OKU Mengikut Negeri dan Kategori Sehingga 31 Disember 2022, Jabatan Kebajikan Malaysia (JKM):
[Link]
14 Kategori OKU JKM: Pendaftaran Orang Kurang Upaya (OKU)
However, Bersih’s Monitoring Team noted that there were polling stations that place
Stream 1 on the upper level. In Alor Setar Parliamentary constituency, we found
that at least two polling stations, namely SMK Tunku Abdul Rahman (STAR) Mergong
and SMK St. Michael Alor Setar, placed Streams 1, 2 and 3 on the first floor. Realising
the problem, the Polling Center Supervisor (Penyelia Pusat Pengundian) at SMK St.
Michael rearranged the polling station layout after consulting the Returning Officer to
move Stream 1 from the upper level to the ground level. As a result, PWD voters and
elderly voters who are unable to climb up the stairs have to vote in other Streams,
which then created difficulties as more than 100 voters have to vote in another
Streams. It was so choatic that the Presiding Officer involved were forced to climb up
and down the stairs numerous times, making it difficult for them to manage their
respective Stream, especially during peak hours.

Bersih’s Monitoring Team for Tuaran Parliamentary consituency also reported that
some polling stations at SK Rangalau Baru, SK Malanggang Baru, SJK(C) St. Philip
Tuaran, SK Nongkulud and SK Gayang did not provide wheelchairs for voters who need
them. Unlike other polling stations, where at least one wheelchair is provided. In
polling stations where there is a large number of voters, two wheelchairs are provided
by EC. Such incidents should have been avoided because it is the EC’s responsibility to
provide the necessary facilities to assist voters in need.

Apart from that, Bersih’s Monitoring Team also noted that information and materials
relating to voting process provided by the EC were not friendly to all categories of
PWD, especially those with visual, hearing, and learning impairment. Videos produced
by the EC showing how to vote and answering some questions about election issues
were very good, but they were unaccesable to those PWD as it did not contain subtitles
and sign language interpreters. Posters provided by EC and other government
agencies also did not utilize the alternative text or alt-text features on their official
social media pages. This need to be improved considering that PWD voters are
signicant and they need to understand the voting process well.

Many PWD voters also complained on the inaccessibility to political parties’ and/or
candidates’ speeches or campaign materials. Throughout the election campaign,
Bersih’s Monitoring Team found that only Pakatan Harapan (PH)’s candidates in
Segambut Parliamentary constituency used the services of the Malaysian Sign
Language Interpreter (JBIM) in some of her speeches. Main documents such as election
manifestos and other election campaign materials are mostly only provided for those
who can see them.

23
This indicates that the EC as well as contesting political parties and candidates still did
not fully consider and take into account the importance of PWD’s meaningful
involvement in the election process. Unfortunately, PWD did not appear to be a main
stakeholder in the process of planning and conducting elections in Malaysia.

Healthcare Officers and Election Officials failed to vote via postal voting

Bersih’s Monitoring Team noted that some healthcare officers and election officers
who are eiligible to vote via postal vote (under category 1A and 1C) did not mange to
do so as they are not registered as such. We received a complaint from a healthcare
staff who was on duty in Melaka but eligible to vote in Terengganu stating that he did
not receive any instructions to apply as a postal voter from the State’s Health
Department. Some expressed concerns that though they were allowed to return home
to vote in thier respective constituencies, they are however required to work and be
reday in case of any incident on polling day, and thus they opted not to return to vote.

The same issue arose to some healthcare workers in the state of Kedah. Bersih’s
Monitoring Team interviewed some of them stationed at the health counters at polling
stations on polling day. We found that they were not register as postal voter. They
have to leave thier duty in order to vote at their respective constituencies or polling
stations on a rotating basis. They indicated that no instructions were issued for them
to register as postal voters (under category 1C).

On top of that, Bersih’s Monitoring Team also noted that healthcare workers in private
hospitals were facing the same dilemma and worst still, they are not eligible to become
postal voters under under category 1C.

Picture of healthcare workers at SK Taman Uda, Alor Setar Parliament.

24
 Apart from healthcare workers, Bersih’s Monitoring Team also received complaints
that some of the election workers under the EC were are not registered as postal
voters. There were several reports from election officials working at a school in Pasir
Gudang, as well as in Sekolah Menengah Kebangsaan Agama Kimanis in Sabah,
Sekolah Rendah Putat in Kubang Pasu Kedah and Sekolah St Monica Sandakan in
Sabah, that they were not registered as postal voters even though they were working
as election officers on polling day. The complainants claimed that they had applied for
postal votes but were not approved.

As they are civil servants on duty on the polling day, they were deprived of the right to
vote. This is a failure on the part of the EC in ensuring that healthcare workers and
their officials are able to fulfil their responsibilities as voters like other voters.

Issue of Out-of-Region Voters

Travelling back to vote is a constant issue for voters who live outside of the
constituency they vote in. This is especially true for GE15 where dissolution of
Parliament was sudden, and left voters with little time to plan their activities and
return travel. The most affected group are those who work or study outside their
region, especially voters from Sabah and Sarawak who work in Peninsular Malaysia
and vice versa. The high airfare during this season becomes a real barrier for out-of-
region voters to return home.

And if polling stations are located in remote areas that require voters to rent a boat or
a four-wheeled drive vehicle to access, it will add on signicant costs and expenses for
them.

Bersih’s Monitoring Team received many complaints from the public, especially
Sabahan and Sarawakian students studying in Peninsular Malaysia, that they were
unable to return home due to financial constraints. Some of them were first-time
voters after the implementation of UNDI18. We received feedback that only
approximately 20 Sabahan students at Universiti Malaysia Sains Malaysia (USM) who
were eligible to vote managed to return and vote. According to the President of the
Persatuan Siswa Siswi Sabah (PERSIS) at USM, there are approximately 925 Sabahan
students at USM, and most of them were unable to return home to vote due to the
15
high-cost factor.

15
Interview with Muhammad Zikri Rosle, YDP Persatuan Siswa Siswi Sabah (PERSIS), Universiti Sains Malaysia (USM), Pulau Pinang 25
 Inaccurate, false, and misinformation during elections

During the campaign period, Bersih received a huge amount of enquries regarding
some inaccurate, false, and misleading information circulating on WhatsApp groups
and social media. These misinformation were largely regarding the electoral process.
Bersih was deeply concerned as such misinformation, if not corrected, may cause
public distrust in the electoral process and the EC. There may be concern also that this
misinformation were deliberately spread to make the public feel unsafe and unsure
about the election process, leading to lower turnout rate on polling day.

To address this, Bersih set up a team to verify information circulating on various social
media or Whatsapp groups. Bersih’s Monitoring Team has dedicated one section on
16
the Pemantau website to provide Frequently Asked Questions (FAQ) and fact-checkers.
This section contains the following FAQ and fact-checker:

1. Voter registration issues

2. Polling day
3. Postal voting
4. Election offences
5. Vote counting and tabulation
6. Misinformation

Bersih’s Monitoring Team recorded 13 false and inaccurate information. The following
were some of it:

1. A message asking voters to check their polling information on a particular website

such as [Link], which cannot be verified as to who owns the website.
Some users are concerned that the website may be vulnerable to personal data
misuse.
2. A viral message that voters can only vote during the recommended voting time
stated on the MySPR Semak website and that voters will be prevented from voting
if they do not arrive at the polling station during the recommended time. This is
incorrect. Voters can show up anytime before the polling station is closed.
3. A false message that the EC will use ID card reading machines to prevent non-
Malay voters from voting.
4. An incorrect information that Malaysia embassies will receive postal ballots and
be involved in the postal voting process. This information is incorrect because
Malaysia embassies are not involved in the election process at all.
5. A viral message that after voters successfully register for MySPR account, they will
automatically be registered as postal voters. This information has caused
confusion because voters must register as postal voters through their MySPR
account.

16
GE15 Factchecker and FAQ, [Link] 26
These information can hinder the election process and raise doubts on the integrity of
the election process. What is even more regrettable is that the EC has only provided
minimal and passive explanations to the public to address the false information
circulating rapidly.

Election Offence Monitoring

Bersih’s Monitoring Team started observing election offences as soon as Parliament

and certain State Assemblies were dissolved. BERSIH defines the election periods as
follows:

i. Before elections: period commencing from the dissolution of Parliament or

Legislative Assembly or from the date on which it is established by the Election
Commission that there is a casual vacancy among the members of the Dewan
Rakyat or a Legislative Assembly for a constituency until the close of nomination.

ii. During the election: the period from immediately after the close of nomination
until the date the Returning Officer declares as having been elected the candidate
who obtained the greatest number of votes.

iii. After election: the period beginning from immediately after the Returning Officer
declares as having been elected the candidate who obtained the greatest number
of votes and continues for an indefinite period.

27
 Summary of a list of election offences by party

Offences BN PH PN Warisan PBM GPS GRS Indie Total

Food treating and gifts 24 18 9 2 1 2 1 1 58

Undue government handouts or

5 3 3 2 8 29
inducements

Use of government machinery 5 1 1 2 2 11

Bribery and vote buying 1 1 3 5

Excessive spending 1 2 2 1 1 7

Intimidation and violent behavior

(data based on general complaint
21
and not specified to
candidates/parties)

Advance and postal vote 7

Biased behaviour by public servants

2
and institutions

Electoral roll issue 14

Polling day issue 173

Total 347

28
Treating and gifts

BERSIH defines the offence of treating as any campaign activity involving the treating
of food, drinks and giving of gifts, food aid or other valuable items with the intention of
influencing voters to vote for a particular party or candidate. This activity also includes
attractions or prizes such as lucky draws to encourage voters to attend campaign
events for candidates or political parties.

The activity of treating is an election offence under Section 8 of the Election Offences
Act 1954.

8. Every person who, corruptly, by himself or by any other person, either before,
during or after an election, directly or indirectly gives or provides or causes to be
given or provided, or is accessory to the giving or providing, or pays or engages
to pay wholly or in part, the expense of giving or providing any food, drink,
refreshment or provision, or any money or ticket or other means or device
to enable the procuring of any food, drink, refreshment or provision, to or for
any person for the purpose of corruptly influencing that person or any other
person to give or refrain from giving his vote at such election or on account
of any such person or any other person having voted or refrained from voting
or being about to vote or refrain from voting at such election, and every elector
or voter who corruptly accepts or takes any such food, drink, or refreshment or
provision or any such money or ticket or who adopts such other means or
device to enable the procuring of such food, drink, refreshment or provision
shall be guilty of the offence of treating.

Bersih’s Monitorng Team received 58 reports that could potentially be election

offences under Treating. The report indicated that this offence was mostly committed
by Barisan Nasional (BN), followed by Pakatan Harapan (PH) and Perikatan Nasional
(PN).

Common offences of Treating include:

Free petrol program

Free motor/engine oil change program
Distribution of basic food items such as rice, sugar, and flour during election
campaigns
Lavish treating during political speeches or campaign programs
Large-scale lucky draws with luxurious prizes
Contest programs

29
For example, on 29th October 2022, Tengku Adnan Tengku Mansor, a BN’s candidate
for Putrajaya constituency, held a program called 'Generasi Anak Muda Putrajaya
bersama KuNan', for which various prizes were given to the participants, including
motorcycles, tablet devices, and gaming chairs.

Tengku Adnan is giving away lucky draw prizes

Many candidates also provide free motor/engine oil change as a campaign program.
Bersih Monitoring Team recorded that Pakatan Harapan’s Youth in Alor Gajah
organized a motorcycle engine oil change program for motorcycles under 150cc on 4th
November 2022.

Free motorcycle engine oil change programs by PH’s Youth in Alor Gajah

30
PN candidate for Gombak, Datuk Seri Azmin Ali, organized a Breakfast Meet & Greet event on 6th
November 2022

The activities shown above are not limited to one particular political party or
candidate. Most political parties organized similar programs in the respective
constituencies. Such activities were often organized during elections, making them a
part of the campaign activities, and people eagerly await such programs.

Abuse of Government Resources

There are two forms of abuse of government resources during elections:

1. Undue government handouts and inducement

2. Use of government assets for campaigning

Undue Government Handouts and Inducement

Undue government handouts and inducement are defined as gifts provided by a

ministry, agency, government department, or any government institution during
campaign events. These gifts are usually an attempt to influence voters to vote for a
particular candidate or political party. It covers agencies and institutions at the federal
and state government levels.

Malaysia does not have law or convention to guide and outline the roles and duties of
the caretaker government during elections. Undue government handout and
inducement is not explicitly stated in the Election Offences Act, but it can falls under
Section 10 Bribery and Section 8 Treating. This is because one can viewed government
assistance as an excuse to bribe voters during the campaign period. Government
assistance also can be considered a form of abuse of government resources for
political purposes to unfairly influence voters.

31
 Indeed, as stated above, the practice of government giving handout during campaign
period may still, argaubly, not considered as offence. However, this kind of action is in
stark contrast with international standard on free and fair elections. Any violations of
free and fair election may begin as soon as Parliament or the state assembly is
dissolved, when the existing government becomes the caretaker government.
Caretaker government’s roles and duties is implemented in Commonwealth countries
such as Australia via the Australian Caretaker Convention. Additionally, Article 11 of
the Bangkok Declaration states that if government resources are used to promote
political interests during an election campaign, the election process may becomes
unfair and the validity of the election results can be questioned.

The above-mentioned conventions clearly state that the announcement of grants or

provisions by the caretaker government during the campaign period is one form of
abuse of government resources for political purposes. As a caretaker government,
there are some basic principles as listed below:
17

1. A caretaker government cannot make major policy decisions that are likely to
commit an incoming government
2. A caretaker government cannot make new significant appointments.
3. A caretaker government cannot enter major contracts or undertakings.
4. A caretaker government cannot announce any new financial grants or financial
promises in any form.
5. A caretaker government cannot hold groundbreaking ceremonies or activities
for projects or any schemes.
6. A caretaker government cannot announce the construction of new
infrastructure or the carrying out of public projects.

However, we do need to differentiate the above from announcements or provisions by

the government and promises by political parties in their manifestos or if political
parties were just reiterating the successes of programs and policies they have
implemented before the dissolution of Parliament or State Assemblies.

Bersih Monitoring Team recorded 27 cases that may be classfied as undue

government influence and provisions that was mainly by Barisan Nasional (BN). The
caretaker Prime Minister, Datuk Seri Ismail Sabri and several of his cabinet ministers
announced numerous allocations worth hundreds of millions of ringgit during the
campaign period after the dissolution of Parliament up to a few days before the
polling day. Some of the allocations announced by him were:

17
Election Observation Report of the 14th Malaysian General Election, PEMANTAU, Appendix 2 32
 On 17th October 17, 2022, Ismail Sabri announced writing off of the bad debts
18
for FELCRA participants amounting to RM223.8 million.
On 17th October 2022, Ismail Sabri also announced a one-off payment to 624
19
village chiefs and headmen amounting to RM624,000.
On 15th October 2022, Ismail Sabri announced a special fund allocation
amounting to RM300,000 for retired police officers. A sum of RM200,000 was
given to the Malaysian Retired Police Association and RM100,000 to the Pahang
20
Retired Police Association.
On 2nd November 2022, Ismail Sabri officiated the ground-breaking ceremony
for the People's Housing Project (Projek Perumahan Rakyat - PPR) in Kepala
Batas, Penang worth RM113 million. During the same event, he announced the
21
construction of the Kepala Batas Youth Centre amounting to RM45 million.
On 10th November 2022, Ismail Sabri announced to bring forward the
disbursement of the Bantuan Keluarga Malaysia (BKM) from the scheduled date
in December to start from 15th November to 18th November 2022. The
22
assistance worth RM2.1 billion will benefit 5.2 million recipients.
On 16th November 2022, YB Halimah Sadique, the then Member of Parliament
for Kota Tinggi and also the Minister of Unity, handed over financial aid worth
RM1.5 million to 24 non-Muslim houses of worship in Johor. Nine Buddhist
temples received RM547,000, four churches received RM271,000, three Hindu
temples received RM211,000, and eight Taoist temples received RM496,000.

Besides the caretaker Prime Minister, Selangor Chief Minister Dato' Seri Amirudin
Shari, who is also a Pakatan Harapan’s (PH) candidate for the Gombak parliamentary
consituency, committed a similar action. He inaugurated the Selangor Youth Drive
Carnival 2022 in Gombak on 13th November 2022. During the inauguration, Amirudin
handed out and/or announced the state government's initiative such as motorcycle
licenses subsidy, EPF contributions, and life insurance known as INSAN. Although the
program was a state government’s program, the fact that Amirudin was still the Chief
Minister of Selangor and at the same time, a candidate in Gombak parliamentary
constituency (located within Selangor) could be viewed as undue influence on voters in
the area.

Since Selangor State Assembly did not dissolve simultaneously with the dissolution of
the Parliament, Amirudin announced that members of Selangor Executive Committee
(ExCo) who were contesting in GE15 shall take leave from official duties. The same
decision was also taken by the Negeri Sembilan’s government. This decision taken by
Selangor and Negeri Sembilan were highly commendable. Unfortunately, Amirudin
continue to attend Selangor state government events during this leave period. On 16th
November 2022, three days before GE15, he announced an early salary payment for
Selangor civil servants.

18
“FELCRA| Kerajaan setuju hapuskan hutang lapuk 20,000 peserta”, Astro Awani. 17 Oktober 2022. FELCRA | Kerajaan setuju hapuskan hutang lapuk 20,000 peserta | Astro Awani

33
19 “Tok Batin terima buah tangan RM1000”, Sinar Harian. 17 Oktober 2022. Tok batin terima 'buah tangan' RM1,000
20 “Dana khas RM30,000 untuk pesara polis”, Malaysia Gazette. 15 Oktober 2022. Dana khas RM300,000 untuk pesara polis
21 “PM lancar projek PPR RM113 juta di Kepala Batas”, Free Malaysia Today. 2 November 2022. PM lancar projek PPR RM113 juta di Kepala Batas | Free Malaysia Today (FMT)
22 Bayaran BKM Fasa 4 diawalkan bermula 15 Nov - PM
 Instagram Screenshot of Amirudin Shari

In addition, the Chief Minister of Sabah also took similar actions to allegedly influence
voters through government’s aid. On 29th October 2022, the Chief Minister of Sabah,
Datuk Seri Hajiji Haji Noor, handed over fishing equipment to 28 fishermen in Sulaman
state constituency, which is part of the Tuaran parliamentary constituency. During the
23
event, he campaigned for Gabungan Rakyat Sabah (GRS) for GE15.

Hajiji handed over aid to the fishermen. Image source: Sabah News Today

The use of government assets and resources for campaigning

Similar to the issue of undue influence and government aid, the use of government
assets is also not defined as an offence under the Election Offences Act. In fact, there
is no prohibition on the use of government assets for campaigning activities in the
Caretaker Government Functions and Roles Guidelines issued by the Chief Secretary
to the Government on 17th August 2021.

BERSIH defines government assets as government buildings or premises such as

schools, hospitals, and police stations, and government-owned vehicles are
helicopters, boats, and official government vehicles such as vans, jeeps, and other
types of vehicles. Civil servants who campaign during working hours are also
considered as government resources. Other resources such as government-owned
social media platforms or news portals.

23
“Rakyat Sabah Perlu Menangkan Calon GRS-BN pada PRU15-Hajiji”, Sabah News Today. 29 Oktober 2022. Rakyat Sabah perlu menangkan calon GRS-BN pada PRU15 - Hajiji 34
 According to IPU Declaration on Free and Fair Elections, the government must take
appropriate legal and procedural measures to ensure the right and framework for free
and fair elections, including ensuring the separation between political parties and the
24
government.

Bersih Monitoring Team recorded a total of 11 incidents of misuse of government

assets and resources for political campaigning. The following were the common
activities:

Candidates attending official government programs or events

Candidates giving speeches at school programs
Candidates attending government award ceremonies or inaugurations
Unfair use of government media for campaigning or promoting candidates

The specified incident among the candidates who used government assets and
resources for campaigning are:

On 1st November 2022, UMNO Chief of Dungun campaigned at the Peranti

Siswa event at UiTM Dungun, Terengganu.
On 3rd November 2022, caretaker Health Minister, Khairy Jamaludin,
inaugurated the National School Sports Championship in Sekolah Kebangsaan
Seksyen 6 Kota Damansara.
On 3rd November 2022, caretaker Defense Minister and Finance Minister
attended a campaign speech at SJK(T) Bestari Jaya. Both ministers wore BN
shirts during the event.
On 4th November 2022, PN candidate for the Gombak parliamentary seat,
Datuk Seri Azmin Ali, attended a donation ceremony at SMK Hillcrest.
On 8th November 2022, BN candidate for the Sungai Buloh parliamentary
constituency, Khairy Jamaludin, attended a Peranti Komuniti ceremony at the
Saujana Utama Digital Economy Center (PEDi) in Sungai Buloh, Selangor, along
with the Communications and Multimedia Minister, Tan Sri Annuar Musa.
On 10th November 2022, BN candidate for the Jasin parliamentary
constituency attended a ceremony to handover a new building project
consisting of six (6) classrooms and other facilities at the SJK (T) Ladang Jasin
Lalang, Melaka.
On 8th November 2022, GPS candidate for the Lawas parliamentary
constituency, Henry Sum Agong, who is also the Deputy Federal Minister of
Transport, delivered a speech at an official Sarawak government event,
Program Sarawakku Sayang in Kampung Long Tuma, Lawas, Sarawak.
On 10th November 2022, GRS candidate for the Tuaran parliamentary
constituency, Joniston Bangkuai, attended the groundbreaking ceremony of
the Green and Nature Park inaugurated by the Chief Minister of Sabah, YAB
Hajiji Haji Noor at SJK (C) Chung Hwa, Tamparuli, Sabah.

24

35
Article 4(1), IPU Declaration: “States should take the necessary legislative steps and other measures in accordance with their constitutional processes, to guarantee the rights and
institutional framework for periodic and genuine, free and fair elections, in accordance with their obligations under international law. In particular, States should ensure the
separation of party and State…”
 On 10th November 2022, GRS candidate for the Tuaran parliamentary
constituency, Joniston Bangkuai, inaugurated the new building of the Adventist
Secondary School Tamparuli with the presence of the Chief Minister of Sabah,
YAB Hajiji Haji Noor.
SelangorKini website owned by the Selangor State Government appears to be
used to promote the Selangor Menteri Besar who was contesting in the Gombak
parliamentary constituency. A web check on 10th November found that the
headlines and news tended to promote Amirudin Shari.
The Sarawak Government-owned Facebook page, Unit Komunikasi Awam
Sarawak (UKAS), often featured campaign programs of GPS candidates.

The BN candidate for the Jasin parliamentary constituency, Datuk Roslan Ahmad, wearing a BN
shirt and cap, attended the ceremony for the handover of a new school building construction
project. Beside him is YB Dira Abu Zahar, Deputy Speaker of the Melaka DUN

GPS candidate, Henry Sum Agong, gave a speech at the Sarawakku Sayang program event
organized by the Sarawak government. The speech was broadcast live on the UKAS Facebook
page

36
 Bribery and Vote Buying

BERSIH defines bribery and vote buying as any form of monetary or material reward
offered by any party, including candidates and political parties, as an incentive to vote
for or not to vote for a particular candidate or political party. Bribery and vote buying
also includes the offering of monetary rewards for attending campaign events of
candidates and/or political parties.

Under Section 10 of the Election Offences Act, bribery is considered an offence:

10. The following persons shall be deemed guilty of the offence of bribery:
(a) (a) every person who, before, during or after an election, who directly or indirectly,
by himself or by any other person on his behalf, gives, lends, or agrees to give or lend,
or offers, promises, or promises to procure or to endeavour to procure, any money
or valuable consideration to or for any elector or voter, or to or for any person on
behalf of any elector or voter or to or for any other person, in order to induce any
elector or voter to vote or refrain from voting, or corruptly does any such act as
aforesaid on account of such elector or voter having voted or refrained from voting at
any election;

Bersih Monitoring Team received 5 reports that can be considered as bribery. The
reports we received were related to provision of money by political parties and the
financing of return trips to vote, commonly committed by PAS (PN), followed by PH
and BN. The fact that PAS provided for transportation money to voters from outside
Kelantan to return and cast their vote was acknowledged by PAS Kelantan’s secretary,
Wan Roslan Wan Hamat, when a video clip of a voter being forced to swear support for
25

PAS in order to receive the money, surfaced. However, PAS Kelantan denied that such
money was only given to PAS supporters and claimed that it was given to any voters
who returned from outside Kelantan, regardless of their political affiliation.

On the part of PH, Bersih Monitoring Team received a report that a political party
worker was distributing money in envelopes along with a guide on how to vote for PH
candidates.
26

25

37
“Fitnah! PAS Kelantan nafi paksa pengundi sumpah sebelum beri bantuan”, Free Malaysia Today. 26 November 2022. Fitnah! PAS Kelantan nafi paksa pengundi sumpah sebelum beri
bantuan | Free Malaysia Today (FMT)
26 Laporan nombor #175
 An envelope containing RM50 from PH political worker

27
An envelope containing money and a manifesto from the Coordinator of the Kijal DUN in Terengganu

However, Bersih Monitoring Team is unable to draw a conclusive finding on whether

corruption during election increase or decrease in GE15, due to insufficent data.
Nevertheless, reports were still coming in pertaining to alleged vote buying through
the distribution of envelopes containing money from house to house, financing on
travel expenses, and giving money at headquarters or offices. The Malaysian Anti-
Corruption Commission (MACC), in its statement, reported 11 complaints related to
28
corruption and abuse of power during GE15.

Even though Malaysia has laws to punish corruption, including Section 10 of the
Election Offences Act, enforcement, especially under this section, are minimal.

Article 8 of the Bangkok Declaration states that governments must allocate the
necessary resources and measures to prevent, monitor, investigate, and prosecute
corruption perpetrators, which includes strict monitoring of election campaign
29
financing. Malaysia, to date, does not have specific laws on political party financing.
The issue of vote buying and election corruption that still prevails must be eliminated
to ensure that elections are truly free and fair.

27
Laporan nombor #204

38
28 “PRU15: SPRM terima 11 aduan rasuah, salah guna kuasa sepanjang kempen”, Berita Harian. 12 November 2022. PRU15: SPRM terima 11 aduan rasuah, salah guna kuasa sepanjang
kempen
29 Article 8: Initiatives to combat vote buying must include rigorous voter education campaigns, strict oversight of campaign finance, thorough investigations of alleged vote buying, and
prosecution of offenders conducted without exception.
Excessive election spending

There is a limit on election spending as stated in Section 19 of the Election Offences

Act:

The limit of election expenses for Parliament constituency is RM200,000.

The limit of election expenses for the State Legislative Assembly is RM100,000.
The limit of election expenses for Local Authorities is RM10,000.
The limit of election expenses for Local Councils is RM3,000.

Limiting election expenses is important to ensure a more level playing field for all
candidates and political parties in an election. Not all candidates and/or political
parties, especially independent candidates, have the financial and resource advantage
over candidates from larger political parties.

Election spending can be seen by how a candidate or political parties campaigns.

Among the things that were often done which may have costed a huge spending are,
for example, large-scale feasts, renting of large billboards on main roads, and free
motorcycle engine oil change program. Bersih Monitorng Team received 7 reports that
are likely to be considered excessive spending thus in violation of Section 19. The
reports we received include:

PN candidate for the Tambun Parliamentary constituency, Datuk Seri Faizal

Azumu, installed large billboards around the parliamentary constituency.
Parti Bangsa Malaysia (PBM) candidate for the Ampang Parliamentary
constituency, Datuk Zuraida Kamaruddin, placed her campaign posters on
billboards around Ampang.
ADUN Rim (under Jasin Parliamentary constituency), YB Datuk Dira Abu Zahar,
organized a free motorcycle engine oil change program for 250 motorcycles
under 150cc on 13th November 2022.
PH candidate for the Titiwangsa Parliamentary constituency, Khalid Samad,
held a feast on 17th November 2022. An estimated of 100 people attended.
Warisan candidate for the Labuan Parliamentary constituency, Datuk Rozman
Isli, organized a casual program for young people with lucky draw prizes in the
form of motorcycles and cash on 18th November 2022

However, Bersih wishes to highlight that there is no clear mechanism to verify election
expenses, except the requirement under the Election Offences Act for the candidates
to prepare and submit a statement of expenses post election. However, there is no
requirement to make the statement public and no audit.

39
Intimidation and violent behavior

Aggressive election campaigning refers to any use of violence, threats, coercion, or

intimidation, either directly or indirectly, against any individual or group. Aggressive
campaigning and intimidation are outlined in Section 4A and Section 9 of the Election
Offences Act:

Section 4A Offence of promoting feelings of ill- will or hostility

4A (1) Any person who, before, during or after an election, directly or indirectly, by
himself or by any other person on his behalf, does any act or makes any statement
with a view or with a tendency to promote feelings of ill-will, discontent or hostility
between persons of the same race or different races or of the same class or different
classes of the population of Malaysia in order to induce any elector or voter to vote or
refrain from voting at an election or to procure or endeavour to procure the election
of any person shall be liable, on conviction, to imprisonment for a term not exceeding
five years or to a fine not exceeding ten thousand ringgit or to both such imprisonment
and fine.

Section 9 Undue influence

9. (1) Every person who, before, during or after an an election, directly or indirectly, by
himself or by any other person on his behalf, makes use of or threatens to make use of
any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any
other person, any temporal or spiritual injury, damage, harm, or loss upon or against
any person in order to induce or compel such person to vote or refrain from voting, or
on account of such person having voted or refrained from voting, at any election, or
who by abduction, duress, or any fraudulent device or contrivance impedes or
prevents the free exercise of the franchise of any elector or voter, or thereby compels,
induces, or prevails upon any elector or voter either to give or refrain from giving his
vote at any election, or who directly or indirectly interferes or attempts to interfere
with the free exercise by any person of any electoral right shall be guilty of the offence
of undue influence.

40
 Elections should be conducted peacefully and calmly, even though at times, political
climate during the election period may be tensed. Candidates, political parties, and
voters must be given the space to campaign and explain thier views and policies.

Bersih Monitoring Team recorded 21 incidents of alleged intimidation and violence.

Among them are:

Disruption at Parti MUDA’s event in Muar by a group of gangsters who threw

30

firecrackers into the council hall and the attack on a Warisan’s candidate during
31
a campaign speech.
Hate speech during a PAS event where the speaker threatened to slaughter
32
'kafir harbi.' He apologized after receiving public outcries and a police report.
The police have initiated an investigation into this matter.
Speeches with excessive religious sentiment and intimidation, such as the
statement uttered by PAS Youth in Sik where he said "voting for Pakatan
33

Harapan and Barisan Nasional will go to hell".

PN Chairman, Tan Sri Muhyiddin Yassin, made a statement linking PH with the
34
Christianization and Jewish agenda a day before polling day.
35
Destruction and/or obstruction of campaign materials.
Vandalism of campaign materials with insulting writing.

36
Insulting writing on BN’s Tebrau candidate as a foreigner

30
“PRU15: Program MUDA diganggu serangan mercun”, Astro Awani. 22 Oktober 2022. PRU15: Program MUDA diganggu serangan mercun | Astro Awani
31 “PRU15 | Kempen Warisan Batu Sapi Kecoh, diganggu keluarga calon lawan”, Astro Awani. 9 November 2022. PRU15 | Kempen Warisan Batu Sapi Kecoh, diganggu keluarga calon
lawan | Astro Awani
32 “Sembelih kafir harbi' - Tidak, tidak, tidak, kata pemimpin PN”, Malaysiakini. 14 November 2022. 'Sembelih kafir harbi' - Tidak, tidak, tidak, kata pemimpin PN' 41
33 “Isu undi BN, PH masuk neraka, Ketua Pemuda Pas Sik mohon ‘berehat’ ”, Utusan. 14 November 2022. Isu undi BN, PH masuk neraka, Ketua Pemuda Pas Sik mohon ‘berehat’ - Utusan
Malaysia
 37
PH flags in Putrajaya were removed

Conduct of elections and polling day

Bersih Monitoring Team registered as accredited EC’s Observers observed 300 polling
stations in 59 parliamentary constituencies throughout the country. They recorded 173
issues pertaining to the conduct of elections on polling day.

Overall, it is our observation that the election ran smoothly and orderly, despite some
weaknesses and issues. Voter turnout for GE15 was 73.89%, equivalent to 15.5 million
voters.

Pursunat to Article 113 of the Federal Constitution, the EC is the only body responsible
for conducting elections in Malaysia. The election process is detailed in the Election
Regulations (Conduct of Elections) 1981. Election offences during polling day are
outlined in several sections of the Election Offences Act, such as:

1. Section 3 Offences by any person including marking ballot papers that are not
their own.
2. Section 4 Offences by election officers.
3. Section 5 Maintenance of secrecy at elections.
4. Section 7 Personation.
5. Section 20 Certain expenditure to be illegal practice.
6. Section 26 Limitation on polling day.

34
“Muhyiddin kaitkan PH dengan agenda Yahudi, Kristian”, Malaysiakini. 18 November 2022. Muhyiddin kaitkan PH dengan agenda Yahudi, Kristian
35 Laporan nombor #39
36 Laporan nombor #141
37 Laporan nombor #78
42
 Campaigning and canvassing for votes on polling day

Bersih Monitoring Team found that political parties were still campaigning by
canvassing votes at polling stations on polling day. We recorded 56 incidents where
political party workers from BN, PH and PN were garnering votes within and outside
the 50-meter radius of the polling stations. This is contrary to Section 26(e)(iii) of the
Election Offences Act.

Political parties used to set up tents to assist voter in checking thier name and details.
It is often during this time, in the tents, when political party workers try to garner and
influence voters. In fact, these tents are no longer necessary for its purported purpose,
as Section 26A of the Election Offences Act provides that tents at each polling centre
shall be set up by the EC (not political party) to assist voters in checking their polling
station and seriel number in the electoral roll. That notwithstanding, we recorded 58
incidents of political party’s tents being set up near polling stations.

EC Tent at SJK(C) Pumpung, Alor Setar

It is an offence for political party officials, including candidates, to wear attire

showcasing party logo inside any polling streams on polling day as this can be viewed
as campaigning. Bersih Monitoring Team recorded PN candidates for Marang
parliamentary constituency, Tan Sri Abdul Hadi Awang, as well as candidate for Bandar
Tun Razak parliamentary constituency, Datuk Kamarudin Jaafar, wearing clothes with
political party logo and badges entering polling streams.

PAS (PN) candidate for Marang parliamentary constituency, Tan Sri Abdul Hadi, wore a party logo vest
while casting his vote.

43
 Ferrying of voters

Section 20 of the Election Offences Act prohibits certain expenditure during election
and that includes ferrying voters to and from the polling station. Bersih Monitioring
Team recorded a total of 38 incidents of such violation where voters were ferried to
polling stations by vechicles full of candidates and/or political parties and/or coalition’s
logo and stickers, and driven by party workers in full party attire. This violation was
committed across most parties (PH, BN and PN), including independant.

PH-branded vehicles picked up voters at SK Vehicles with candidate posters and GRS flags
Seksyen 6 Kota Damansara were seen near a polling centre in Penampang

Names have been misused for voting

Using someone else's name to vote in elections is an offence under Section 3(l) of
the Election Offences Act. Bersih Monitoring Team received 3 reports where the
complainants were unable to vote because their names were crossed out from the
electoral roll at their respective polling stations. These incidents occurred at SK
38
Sabandil in the Papar constituency, Sabah; SJK(T) Bandar Mahkota Cheras in the Bangi
39
constituency, Selangor; and SJK(T) Segambut in the Segambut constituency, Federal
Territory of Kuala Lumpur.
40

This is deeply regrettable as it demonstrates the weakness of the election workers in

verifying the identities of voters before allowing them to vote. Some of the voters
mentioned above have reported the incident to the police.

38

44
Laporan nombor #212
39 Laporan nombor #217
40 Laporan nombor #198
 Candidate Was Not Informed of the Suspension of Poll due to flood

The EC suspended voting for 12 polling stations in Baram constituency, Sarawak due
to bad weather and flood. Some of the election workers were unable to reach to the
polling stations on time to conduct the election. The announcement was made by the
41
EC chairman on the morning of 19th November 2022. However, this annoucement was
not communicated effectively as Bersih Monitoring Team received complaint that one
of the PH’s candidates was unaware of the suspension of poll at polling station at RH.
TK John Jau Wan Long Semiang, until the morning of 21st November, which was the
delayed polling for the Baram constituency.
42

MySPR Semak was Inaccessible

EC created the MySPR Semak website to facilitate voters in checking their voting
information such as the name and location of the polling station, the designated
polling stream, the voter serial number, and the recommended time to cast their
votes. However, two days before polling day, the website was down. Bersih Monitoring
Team received many queries and concerns from public. Unfortunately, there was no
announcement or explanationby the EC regarding this until polling day.

Early Closing of Polling Stations

EC gazetted a total of 9536 polling stations and its respective voting time on 31st
October. Some polling stations closed earlier than the usual 6pm. Bersin Monitoring
Team received complaints from voters that the polling stations were closed at 2pm,
thus barring them from voting when they arrived after the closing. A voter in the Kuala
Pilah parliamentary constituency complained that the polling station at Balai Raya
Kampung Melang was closed before 6pm. However, the gazetted closing time for that
particular polling station is correctly at 2pm. Bersih found that all this confusion was
due to a general presumption that all polling stations close at 6pm. Thus, it would be
prudent for the EC to take extra efforts in making specific announcement of those
polling stations that close earlier, in order to avoid confusion.

41
Kenyataan Media SPR Bil. 43/2022, 19 November 2022
42 Laporan nombor #205 45
 Issues of the Electoral Roll

Undi18 (voting age lowered to 18) and Automatic Voter Registration (AVR) was
43

enforced on 15th December 2021. Before that, the EC gazettes updated electoral roll
every quaterly (electoral roll based on registration). Since the implementaion of Uni18,
the EC now has to gazette the updated electoral roll every month as many will turn 18
years old each month.
44

The electoral roll for election comprises of the main electoral roll and updated
electoral roll that was gazetted before dissolution of Parliament or State Legislative
45
Assembly. Thus, the electoral roll used in GE15 was the main electoral roll and the46
updated electoral roll as at 31st August 2022 and maintained until 9th October 2022.
This means that Malaysian citizens who turned 18 years old before 31st August 2022
are eligible to vote in GE15. However, the electoral roll will be further updated until 9th
October to record and update any deaths, changes of address, or incorrect
information only.

Bersih Monitoring Team received many enquiries from the public on this issue. Many
could not understand why they are not eligible to vote in GE15 after thier 18th
birthday which fall on a date after 31st August. Although the EC’s statement stated
clearly which electoral roll were to be used for GE15, not many understand the
complication lies therein and it would be prudent for the EC to make extra efforts to
explain and make clear.

Bersih Monitoring Team also received 10 other complaints in relation to the electoral
roll. One voter in the Gombak Parliamentary constituency filed a complaint that his
late brother, who passed away 35 years ago, was still on the electoral roll on that
constituency. He found out about this when a Barisan Nasional (BN) party worker
passed to him a slip that contained his deceased’s brother voting information.

43
Warta Kerajaan Persekutuan, Penetapan Tarikh Permulaan Kuat Kuasa, Akta Perlembagaan (Pindaan) 2019, 1 Disember 2021
44 Seksyen 13A Peraturan-Peraturan Pilihan Raya (Pendaftaran Pemilih) 2002
45 Seksyen 9 Peraturan-Peraturan Pilihan Raya (Pendaftaran Pemilih) 2002
46 Kenyataan Media SPR Bil. 23, 10 Oktober 2022
46
 Slip containing voting information of a voter in Gombak Parliamentary Constituency who
has passed away

Another incident reported was by a voter in Mas Gading Parliament constituency who
complained that he was not allowed to vote because his name was not in the electoral
roll. The voter claimed that his identity card number on the electoral roll shows
47
someone else's name, and thus he was unable to cast his vote.

Bersih Monitoring Team received 7 reports on change of parliamentary constituencies

without any such application made by the voters. Since the redelineation before GE14,
unless the voter make an application to change the voting constituency, voters who
voted in GE14 for that constituency should remains the same for GE15.

Issues on Postal Voting

The regulations in relation to process of postal voting is contained in the Election

Regulations (Postal Voting) 2003. Section 3 states that eligible voters who wish to
become postal voters must apply to the EC. The EC will then inform them of the status
of their application, whether it is accepted or rejected. As stated in the above section
on Access to Voting, voters who wish to become postal voters can apply online through
the website provided by the EC. Status of the application will be emailed to the voter.

47
Laporan nombor #192 47
 Bersih Monitoring Team received many queries and complaints:

1. Confusion about the two-step process to register as a postal voter through

MySPR website, as well as the deadline for registration under Category 1B. Many
tried to register as postal voters after EC’s announcement on 19th October but
did not have enough time because it takes two/three days to approve the
opening of MySPR account and another two/three days to approve the
application as postal voters. Because of this, many were unable to register and
raised doubts on the part of the EC for being difficult and hinder their right to
vote.
2. The package received was empty, containing no postal ballot envelope, Form 2,
and ballot paper.
3. The package received contain no Form 2, and this form cannot be downloaded
from any official source of the EC.
4. The serial number of the postal ballot paper and Form 2 is not the same. Some
of the Form 2 contained serial number of the voter in the electoral roll but not
the serial number of the postal ballot paper.
5. Address of the Returning Officer of the respective constituency was not written
on the returned envelope provided by the EC. Voters are lost as to where should
the marked postal ballot be send to.
6. Voters received Form 2 and postal ballot paper belonging to another voter.
7. Postal ballot envelopes that arrived in China need to undergo quarantine for 7
days due to COVID-19 safety measures in the country, resulting in delayed
delivery and return of the ballot paper.
8. Voters received the postal ballot envelopes too close to the polling day, some
even after the polling day.

Bersih Monitoring Team received the following report:

1. A voter in Bukit Gelugor parliamentary constituency, Penang was registered as a

postal voter without his/her knowledge after attending an EC briefing to become
an election worker, although he was ultimately not appointed as one. However,
he/she received the postal ballot paper and sent it back to the Returning Officer.
2. A voter in Hang Tuah Jaya parliamentary constituency, Melaka, who works in
Jakarta, Indonesia, claimed that he/she did not receive the postal ballot paper
before polling day. The voter became a postal voter and received the postal
ballot paper during the Melaka state election in 2021.
3. An polling agent observing early voting at Universiti Teknologi Melaka (UTeM)
filed a police report that a postal voter had discarded their ballot during early
voting.
48

4. Students studying in Saudi Arabia complained that the cost of sending their
postal ballot papers back to Malaysia is too high, causing them to not send them

48
Laporan nombor #146 48
 5. A voter in the Setiawangsa parliamentary constituency, Kuala Lumpur,
complained that he/she was not allowed to vote in person because he/she was
49
registered as an absentee voter (PTH) and had to vote by post. According to the
voter, he/she never registered as a postal voter even though studied in Australia
in 2015 and had voted twice before at the same polling station.

49
Laporan nombor #150 49
GE15 MONITORING
REPORT
CHAPTER 4:
CONCLUSION

850
Bersih concludes that GE15 was, overall, conducted smoothly with no serious incidents
reported. That notwithstanding, there are still rooms and areas to improve urgently.
Many institutional reforms in the MOU did not materalise because Parliament were
dissolved suddenly.

Bersih found that the increase in electoral roll as a result of Uni18 and Automatic Voter
Registration is a crucial point affecting access to voting. There were flaws in ensuring
voting by healthcare workers, election workers, out-of-region voters (Students from
Sabah and Sarawak studying in Peninsula) and the Person with Disabilities and need to
be improved and reformed drastically.

Bersih proposes urgent reform on absentee voting, especially for out-of-state voters,
considering that six more states have yet to hold their respective state elections, and
their administrative terms are nearing an end. Delaying the needed reforms may
result in deprivation of right to vote and low voter turnout.

51
GE15 MONITORING
REPORT
CHAPTER 5:
EXPENDITURE

852
 BERSIH called for public donation through our press statement dated 29 October 2022
to cover the Bersih Monitoring Team and GE15 campaign run by Bersih and our
volunteer team. During this period, we also launched “Making Democracy Work –
Institutional Reforms for Malaysia” for the sale of the book will form part of the fund
raising for GE15. Through this program, we have raised RM163,125.00.

Our expenditures were:

Expenditure Total (RM)

PEMANTAU website 5000.00

PEMANTAU mobilization 16250.00

BERSIH volunteers 150.00

Poster and graphic design 2150.00

Handphone (new phone and topup) 400.00

Malaysiakini adverstisment (Book Sales) 7500.00

Audio Equipment 7688.00

Vote Future campaign 15,000.00

Logistic and others 1300.00

Nett total 55,438.00

The balance from the fund raising will be utilised for BERSIH future advocacy and
operations.

53
GE15 MONITORING
REPORT
CHAPTER 6:
REFORM PROPOSALS

854
Bersih proposes and advocates for the following reforms:

1. Enactment of the Fixed-Term Parliament Act

The surprise and sudden announcement of GE15 demonstrates the urgent need
for the Federal Government to enact a law called the Fixed-Term Parliament Act so
that Parliament is not dissolved solely based on the discretion of the PM. The Fixed-
Term Parliament Act is one of the manifesto promises by Pakatan Harapan during
GE15. The implementation of this Act will deter the dissolution of parliament in the
middle of the term, and in the event of an urgent need for dissolution, the Prime
Minister must obtain the support of two-thirds of MPs before he/she seek
permission of the Yang di-Pertuan Agong for its dissolution. The government
through this Act can also set the date of the upcoming election earlier as practised
in advanced countries and the same is also practised in our neighbouring country,
Indonesia. This would help all those involved in the election either directly or
indirectly to be better prepared, especially the Election Commission.

2. Amendment to the Election Offences Act

The widespread election offences, which goes undeterred and unpunished,

indicates serious loopholes in the Election Offences Act. Bersih advocates for its
revisions and proposes, in a brief nutshell, the following amendments:

i. Section 2: Amendment to the definition section to include new definitions

such as "before election," "during election," "after election," and "cooling-
off period." The proposed cooling-off period is 48 hours before the polling
day.
ii. Amendment to increase the fine penalty and repeal the punishment of
being deregistered or delisted as an elector or of voting at any election if an
electoral offence is committed.
iii. Section 4A: Amendment to tighten the offence of threatening violence
during the election.
iv. Sections 8, 9, 10: Amendment to clarify its’ definition and including the scope
of offences such as giving valuable gift or consideration.
v. Section 19: Amendment to increase the limit of election expenses.
vi. Section 23: Amendment to strengthen the mechanism for submission of
election expenses statements that must be accompanied by an audit by a
certified body.
vii. Adding a new section to include the offence of abuse of government
resources.
viii. Adding a new section to give power to the EC to compound offences under a
fine of RM10,000.

55
3. Formation of Permanent Parliamentary Standing Committee (PPSC) on
Election Matters

A Permenant Parliamentary Standing Committee on Election Matters (PPSC) to be

formed to allow parliament’s oversights on matters relating to Election Comission
and elections. The terms of reference proposed by Bersih includes but not limited
to, an open and transparent process on the appointment of commissioner, a
special committee that looks into electoral roll, submission of elections report and
budget, revisions and/or amendments to relevant laws, answering parliamentary
questions.

4. Improving Access to Voting

To enhance access to voting, especially for the immediate 6 state elections, Bersih
proposes:

i. Expanding advance voting category to include out-of-states voters such as

voters from Sabah and Sarawak who work or study in the Peninsula, as well as
persons with disabilities.
ii. Providing advance polling facilities in each state to allow out-of-states voters to
vote early in the event that they are unable to return to their respective
constituency to vote due to various factors. To also allow PWD voters to vote in
advance so that they don’t have to queue up on the polling day and election
workers can provide better service and assistance to them.
iii. Expanding the category of postal voting (category) to include healthcare
workers serving in private hospitals and clinics to enable them to vote by post
in the event they are on duty on polling day.

A detailed recommendation is attached in Appendix A.

56
 5. Inclusive Elections for Persons with Disabilities (PWD)

BERSIH collaborated with the National Council for the Blind, Malaysia (NCBM) and
50
proposed several reforms for more a inclusive voting process. For immediate
reform, it can include, not not limited to:

i. Providing special polling stream for PWD to facilitate election workers in

assisting them and make it easier for them to cast their ballots.
ii. Providing a special electoral roll for PWD or including in the existing electoral
roll a column which indicate category of the PWD in order to help election
workers to identify the best assistance to be given.
iii. Providing a more user-friendly election guidebook for PWD, such as providing
guidebooks in various formats such as braille, alternate text on social media,
and using easy language.
iv. Collaborating with broadcasting agencies, government, and private television
stations to disseminate information in a disabled-friendly manner, especially
for those Hearing and Vision Impaired. The provision of sign language
interpreters is also essential to help the Hearing Impaired.

The full proposal is attached in Appendix B.

6. Improving Postal Voting

Looking at the current system of issuing postal ballot paper and the process it takes,
which is largely manual and prone to human errors, Bersih proposes reform on two
broad category.

Increasing Participation of Overseas Voters

i. Application Period. The application period should be extended by opening up

for application one year before the expiry of the current Parliament. For
elections that are to be held more than one year before expiry, it has to be
opened for application on the day of dissolution and closed just before
Nomination Day.
ii. Campaign Period. The Campaign Period should not be less than 25 days to
allow sufficient time for postal ballots to return before Polling Day.
iii. Language. All instructions, be it online or offline, should be bilingual in Bahasa
Malaysia and English.
iv. Witness. The witness to the signing of Form 2 need not be a Malaysian as there
may be situations where that voter may be the only Malaysian in that foreign
town or city.

50
Libat Urus BERSIH dan NCBM pada 30 Jun 2022, Hotel Park Royal Kuala Lumpur 57
 v. Awareness. To increase awareness of postal voting, the EC should coordinate
with Malaysian Foreign Mission (MFM) to inform Malaysians overseas through
their platforms – providing them with timely and accurate information on the
process, timings and deadlines.

Improving the Capacity and Efficiency of the EC

The current EC’s method of processing and managing postal votes rely too much on
manual and human processes which leads to very limited capacity and human
errors. It is our estimation that using the current process, the EC cannot handle
more than 50,000 postal vote applications without running into serious backlogs
and delays. This would be an administrative bottleneck that would effectively
disenfranchise over a million potential voters. A total revamp of the process must
be in place before GE16.

i. Eliminating the need to print ballot papers, Form 2, and envelopes by allowing
eligible postal voters to download PDF versions of these documents through
their MySPR accounts. This will save 5 to 14 days for printing ballot papers,
and documents, inserting them into envelopes and posting them. This
method will also save costs for hiring manual labour, and material costs, and
eliminate human errors such as putting the wrong form in the envelope or
writing the wrong serial number on Form 2, among others.
ii. To strengthen the identification process, copies of passports and MyKad
should be attached with clear warnings of penalties for those who intend to
commit fraud, impersonation, or make multiple copies of their ballots.
iii. Proof of overseas residency status such as a photocopy of the last exit from
Malaysia and entry into the foreign country stamps on their passport is
required or other proofs such as local utility bills, getting the Borang 2
postmarked. This is to prevent abuse of the postal voting facility by those who
are still residing in the country.
iv When postal ballots are counted on Polling Day, candidates’ agents should be
present to observe and cross out on their copy of the electoral roll, of those
postal vote, to ensure that only one voter cast one vote. The candidates agent
should also observe the attached identity documents (of the postal voter)
match the details on the electoral roll, and the proof of overseas residency is
present. This would minimize the possibility of any large-scale electoral fraud
that would compromise the integrity of the election.

58
 For more detailed proposals, please refer to the Global Bersih report on postal
51
voting reform in Malaysia.

7. Improvement on Election Observer (PEMERHATI) accredited by EC

i. Election observers accredited by the EC under PEMERHATI program should be

given recognition as any other election workers and the recruitment, trainings
and briefings to start earlier and more frequently.
ii. The application to become a PEMERHATI may be opened more than a year in
advance, as opposed to only after the dissolution of Parliament, so that
sufficient time is given for more effective briefings and training.
iii. To include PEMERHATI in the category (1A) of postal voter, so that they can
carry out their duties on polling day without worrying about going back to
their respective constituency to vote.
iv. To open application to be as PEMERHATI to members of the public who are
not associated with any organization, association or agency so that more
people can participate in the program.

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[Link] 59
GE15 MONITORING
REPORT
APPENDIX

860
 Appendix A
52
Expanding Early Voting System in Malaysia

1. Eligibility

Early voting will be expanded to include: (i) out-of-area voters (e.g. voters who are
not present in their home state on polling day but are registered to vote); (ii)
existing domestic postal voters; and (iii) voters who are imprisoned.

2. Centralized Early Voting Centers

The EC will establish at least one centralized early voting centre in each state (or
more than one, if necessary). SPR will appoint an Early Voting Officer for each state
and an Assistant Early Voting Officer for each polling centre. Therefore, early
voting will now be under the specific responsibility of the Early Voting Officer, not
the regular constituency RO.

3. Application

Unlike in South Korea and Australia, where voters can go to any early voting
centre, early voting in Malaysia must be done by an application, taking into
account the limited capacity and experience of EC in managing early voting.

The application period should begin from the day of the dissolution of parliament
or state assembly until one day before the nomination of candidates.
Voters must provide proof of eligibility (e.g. proof of residence or employment).

Applications can be made manually at the EC office or centralized early voting

centres. Online applications should also be allowed. Voter identity can be verified
online using the "Know Your Customer Electronic" (eKYC) method used by financial
institutions. At present, eKYC is already used in e-wallets and online voter
registration applications by EC.

Voters must choose where they want to vote early at the early voting centre.

52
Chan.T.C.(2021). Improving Access to Voting in Malaysia, BERSIH 2.0 61
4. Voter registration

After the application deadline, the EC will print the preliminary voter list for each
centralized polling station accordingly. The names of voters on the preliminary
voter list will not appear on the voter list for regular polling day unless they are
also added to the list.

An online status-checking system should be available for voters to verify their

application status and details as a voter for early voting.

5. Ballot Paper

Ballot papers should be printed and arranged as required for each early polling
center. Regulations must be made to ensure sufficient ballot papers are prepared
and to monitor and supervise unused ballot papers. Polling agents are allowed to
observe the supply and distribution of ballot papers during the early voting period,
just like on regular polling day.

6. Early Voting Period

Early voting is conducted no less than three days before regular polling day.

7. Polling Stations

Each early polling center must have a sufficient number of polling stations,
according to the number of early voters registered at that center. Polling stations
can be allocated for several electoral areas. Different ballot boxes (or bags) for
each electoral area are provided at the polling stations.

8. Voting Procedures

Voters arrive at the polling station first;

Voters check their identification card based on the voter list and are directed
to the relevant polling station, according to the state and division where they
are registered as voters;
At the polling station, officers verify the voter's identification card based on the
voter list, call out their name, mark their name, and apply indelible ink;
Voters are given ballot papers according to their registered division; and
Voters cast their votes, fold the ballot papers, and put them into the ballot box
provided for their respective electoral area.

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 9. Agent/ Election Observer

Election agents should be appointed through political parties and not

candidates;
Parties may send election agents to relevant polling stations if they have a
candidate running in the same state; and
Independent candidates may send election agents to relevant polling stations
if a voter in the contested area will be voting at that polling station.

10. Election Closing

The ballot box is sealed with an appropriate security seal (for example, an
unbreakable seal).

11. Calculation

Ballot boxes are moved and stored in a secure location. There is 24-hour
closed-circuit camera surveillance, which may be displayed live. Election agents
and observers are allowed to oversee the ballot boxes;
Ballot boxes are not moved to their respective states/districts. The ballot boxes
are opened at the centralized early polling centre where the polling is held;
The opening of the ballot boxes and vote counting takes place on polling day at
such time as may be determined by the EC. The counting process may
commence before the close of the polling period to ensure sufficient time for
adding up and announcing the results;
Ballots are sorted and counted according to different areas;
Counting agents are appointed according to party; and
The results are scheduled in Form 14, and the RO of each area will be informed.
The RO will then add it up, along with the regular votes.

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APPENDIX B

Proposal for Improving the Electoral System and Process for OKU

Bersih has conducted several consultations and discussions with various stakeholders,
including the OKU community, to obtain their views, concerns, and proposals to make
the elections in Malaysia more inclusive and secure.

The following are our proposals:

A. Access to political and election information

Access to election information includes political party information, election candidates,

election manifestos, polling places, and voting methods, including postal voting
procedures.

1. The EC needs to collaborate with broadcast agencies, government, and private

television stations to provide disability-friendly communication to enable OKU to
access election-related information before the polling day, especially for those in
the Hearing and Visually Impaired categories. The provision of sign language
interpreters is also essential to assist the Hearing Impaired.
2. The EC needs to provide disability-friendly election guides, such as providing
guidebooks in various formats such as Braille, alternate text in social media, and
using simple language with appropriate images to assist voters in the Learning
and Mental Impairment categories such as Autism, ADHD, and others related to
obtaining primary information related to the elections. The provision of such
guidebooks has already been implemented in several countries such as Australia,
New Zealand, and the United Kingdom.
3. The EC needs to train election officials and provide guidebooks to election officials
to guide them in identifying OKU categories and how to communicate with OKU,
especially the Polling Center Supervisor, Ballot Agent, and directional signpost in
the polling centre.
4. The EC needs to upgrade its website to comply with the Web Content Accessibility
Guidelines (WCAG) so that election information and voting are more accessible to
the Visually Impaired and other communities.

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 B. Election Procedures

5. The EC needs to prepare a special voter list for persons with disabilities (OKU) or
indicate the OKU category in the voter list used in the election to assist the
election officials and polling agents in identifying OKU voters, thereby helping
them. This can be done by collaborating with the National Registration
Department and the Department of Social Welfare, which has data related to this
matter.
6. Provision of special channels for OKU voters to facilitate election officials in
assisting them and facilitate OKU voters to cast their votes.
7. Providing ballot frames as an aid to visually impaired OKU, especially those who
are completely blind, to mark the ballot paper on their own without the assistance
of election officials or other approved parties in Form 10.
8. Providing A4 or larger paper by Polling Clerk 1 for writing the name and
identification number of the voter to inform the Hearing-impaired OKU voter.
9. Distributing voter cards in various formats such as Braille to visually impaired
OKU to inform them of the election period, polling center's, and voting channels.
10. Provision of sufficient female election officials to assist female voters who need
assistance if they are more comfortable being accompanied by female officials.

C. Access to Polling Centers

11. The selected polling center's must have a high level of accessibility for OKU, such
as not being located in steep areas, having suitable roads, good public transport
access, or voting channels that require stairs to be climbed. If such situations
exist, alternative channels should be created to facilitate OKU, including senior
citizens, to vote.
12. EC needs to collaborate with OKU organizations and communities to obtain views
and suggestions on the selection of appropriate polling centres for all segments of
society.

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D. Reformation of the Electoral System

13. The elimination of Postal Voting at the domestic level and the existing categories
of domestic Postal Voters are included in the Early Voting category. The Postal
Voting category should also be expanded to include Physical OKU who have
difficulty moving to the polling center's.
14. Updating the Early Voting system and expanding it to voters outside the state
where they can cast their vote, such as voters from Sabah or Sarawak who are
seeking a living in the Peninsular or vice versa. Voters can vote at centralized
polling centres in the state where they live for work or study. This system can be
introduced gradually, starting with Sabah and Sarawak voters who work in the
Peninsular. Early Voting should also be expanded to OKU to facilitate EC officials
in providing assistance and guidance to them to cast their vote.
15. Extending the election campaign period to a minimum of 21 days to give voters,
especially OKU, more time to obtain election and political information. In addition,
an extended campaign period can also ensure that postal ballots arrive at the
Election Manager's office on time.

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