Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: For the election of members to the House of Representatives a unit of review shall be divided into constituencies. The total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the States of Malaya a number shall be allocated to each State.
Source: Constitution, Art. 116: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers c . Compactness of constituencies d . Conformity with local jurisdiction boundaries e . Geographic size of district g . Other
Comments: The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies:
(a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconvenience of State constituencies crossing the boundaries of federal constituencies;
(b) regard ought to be to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;
(c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weight-age for area ought to be given to such constituencies;
(d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.
Source: Constitution, schedule 13, art. 2: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: Where the Election Commission have provisionally determined to make recommendations affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least on newspaper circulating in the constituency a notice stating.
Source: Constitution, schedule 13, art. 4: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
e . Elected by electoral college or committee
Comments: There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation.
The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.
Source: Constitution, art. 32: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Yang di-Pertuan Agong (King) shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House. If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
Source: Constitution, art. 40a (2-a), 43: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
Source: Constitution, art. 32: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong (the Ruler) and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (Houses of Representatives).
Source: Constitution, art. 44: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: The total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the States of Malaya a number of representatives shall be allocated to each State.
The candidate for a constituency who obtains the greatest number of valid votes cast in that constituency shall be deemed to be the elected member of that constituency.
Source: Constitution, art. 46, 116: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013);
Elections Act 1958 with the subsequent amendments, art. 13 (1): http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013);
Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections e . Other
Comments: Parliamentary elections and State Legislative Assembly elections
Source: Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Constitution, art. 119: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: No election to the House of Representatives or to the Legislative Assembly of a State shall be called into question except by an election petition presented to the High Court having jurisdiction where the election was held.
Source: Constitution, art. 118: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level
Comments: The Election Commission shall conduct elections to the House of Representatives and the Legislative Assemblies of the States.
Source: Constitution, art. 113 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: Parliament shall by law provide for the remuneration of members of the Election
Commission, and the remuneration so provided shall be charged on the Consolidated Fund.
Source: Constitution, art. 114 (5): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
e . Another organ within the national government
Comments: The Auditor General
Source: Constitution, art. 106 (2): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
d . Other
Comments: A member of the Election Commission shall cease to hold office on attaining the age of sixty-five years or on becoming disqualified.
Source: Constitution, art. 114 (3): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: Constitution, art. 113 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Election Commission shall consist of a chairman, a deputy chairman and three other members.
Source: Constitution, art. 114 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
Source: Constitution, art. 114 (2, 4): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State i . Other
Comments: The Election Commission shall be appointed by the Yang di- Pertuan Agong after
consultation with the Conference of Rulers.
Source: Constitution, art. 114 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
i . Media
Comments:
Source: The Star Online Website: http://elections.thestar.com.my/newbies_guide.aspx (2013)
Verified: 2013/03/21
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013);
Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body m . No information available
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013);
Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
f . 21
Comments:
Source: Constitution, art. 119 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence e . Other
Comments: Every citizen who has attained the age of twenty-one years on the qualifying date and is a resident in a constituency on such qualifying date or, if not so resident, is an absent voter, is entitled to vote in that constituency in any election to the House of Representatives or the Legislative Assembly unless he/she is disqualified.
Source: Constitution, art. 119 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Election Commission shall exercise control and supervision over the conduct of elections and the registration of electors on the electoral rolls.
Source: Elections Act 1958 with the subsequent amendments, art. 5 (1), 8: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments:
Source: Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013);
Registration of Electors Regulations 2002: http://myoverseasvote.files.wordpress.com/2010/10/elections-registration-of-electors-regulations-2002.pdf (2013)
Verified: 2013/03/21
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount)
Comments: The deposit for parliamentary seats is RM10,000 and for state seats, it is RM5,000. This amount is refunded if the candidate obtains more than 1/8 of the votes.
Source: The Star Online Website: http://elections.thestar.com.my/ge_faq.aspx#2 (2013)
Verified: 2013/03/21
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence
Comments: Every citizen resident in the Federation of Malaysia is qualified to be a member of the House of Representatives, if he/she is not less than twenty-one years old.
Source: Constitution, art. 47: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments:
Source: Constitution, art. 47: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments:
Source: Transparency International Malaysia: http://www.transparency.org.my/publications/Crinis.RPFM.Serialisation.JT.070311/English/PDF/Part%202.pdf (2013)
Verified: 2013/03/21
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments:
Source: Transparency International Malaysia: http://www.transparency.org.my/publications/Crinis.RPFM.Serialisation.JT.070311/English/PDF/Part%202.pdf (2013)
Verified: 2013/03/21
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Transparency International Malaysia: http://www.transparency.org.my/publications/Crinis.RPFM.Serialisation.JT.070311/English/PDF/Part%202.pdf (2013)
Verified: 2013/03/21
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: As per the preamble of the Elections Act:
"polling station" means any room, structure, vehicle or vessel, at the place appointed, set apart and equipped for the purpose of polling and counting of votes
Source: Elections Act 1958 with the subsequent amendments, preamble and definition: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions d . By request
Comments: A candidate can request a recount of votes.
The EC shall also do an automatic recount if the majority difference is less than 4%
Source: The Star Online Website: http://elections.thestar.com.my/ge_faq.aspx#2 (2013)
Verified: 2013/03/21
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
h . No information available
Comments:
Source:
Verified: 2012/08/08
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2013/03/21
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
h . Not applicable
Comments: Not applicable – no opinion polls
Source: Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: A parliamentary candidate can spend RM200,000 on campaigning. However, the law does not contain any specific provision with regard to paid advertising expenses.
Source: Elections Act 1958 with the subsequent amendments: http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013);
The Star Online Website: http://elections.thestar.com.my/ge_faq.aspx#2 (2013)
Verified: 2013/03/21
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
e . Not applicable
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
d . Not applicable
Comments:
Source: Constitution: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments:
Source: Constitution, art. 119 (1): http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
Verified: 2013/03/21
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
d . Members of the armed forces e . Students f . Diplomatic staff
Comments: e) Students and their spouses studying abroad.
g) Government Officials and their spouses working abroad.
Source: Official Press Release of the Election Commission: http://translate.googleusercontent.com/translate_c?depth=1&hl=el&ie=UTF8&prev=_t&rurl=translate.google.com&sl=ms&tl=en&u=http://www.spr.gov.my/images/stories/pdf/KENYATAAN_PTH.pdf&usg=ALkJrhh8XCuSjKGUdaGi-1-rqmPuDhXIwQ (2013)
Verified: 2013/03/21
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
e . By mail
Comments: Postal voting - voters can send back ballot papers by mail
Source: Official Press Release of the Election Commission: http://translate.googleusercontent.com/translate_c?depth=1&hl=el&ie=UTF8&prev=_t&rurl=translate.google.com&sl=ms&tl=en&u=http://www.spr.gov.my/images/stories/pdf/KENYATAAN_PTH.pdf&usg=ALkJrhh8XCuSjKGUdaGi-1-rqmPuDhXIwQ (2013)
Verified: 2013/03/21
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Elections Act 1958 with the subsequent amendments, art. 13 (2): http://www.agc.gov.my/Akta/Vol.%201/Act%2019%20-%20Elections%20Act%201958.pdf (2013)
Verified: 2013/03/21
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