Elections in Malaysia
Encyclopedia
Elections in Malaysia exist at two levels: national level and state level. National level elections are those for membership in the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...

, the lower house of Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....

, while state level elections are for membership in the various State Legislative Assemblies. The head of the executive branch, the Prime Minister
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...

, is indirectly elected
Indirect election
Indirect election is a process in which voters in an election don't actually choose between candidates for an office but rather elect persons who will then make the choice. It is one of the oldest form of elections and is still used today for many upper houses and presidents...

.

National level

At the national level, voters elect the 222-member House of Representatives  of the bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....

 Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....

. Members are elected from single-member constituencies
Electoral district
An electoral district is a distinct territorial subdivision for holding a separate election for one or more seats in a legislative body...

 drawn based on population using the first past the post system. The party that has the majority of the House of Representatives will form the federal government.

The Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...

 requires that a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

 must be held at least once every five years. However, the Prime Minister
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...

 can ask the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

 to dissolve the Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....

 at any time before this five year period has expired. A general election should be held no later than two months in West Malaysia and three months for East Malaysia (Sabah and Sarawak) after the dissolution
of the Parliament.

Over the years, the predominant winner of the parliamentary election has always been the Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...

 (National Front; once known as the Alliance), a coalition of fourteen parties.

State level

At the state
States of Malaysia
Malaysia is a federation which consists of thirteen states and three federal territories . Eleven states and two federal territories are located on the Malay Peninsula while the remaining two states and one federal territory are on the island of Borneo.-The states and federal territories:Malaysia...

 level, voters elect representatives to the Dewan Undangan Negeri
Dewan Undangan Negeri
A state legislative assembly is the legislature of each of the 13 Malaysian states. Members of a state legislative assembly comprises elected representatives from single-member constituencies during state elections through the first-past-the-post system....

 (State Legislative Assembly). The number of representatives varies between the different states, with as many as 71 electorates in Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...

 and as little as 15 in Perlis
Perlis
Perlis is the smallest state in Malaysia. It lies at the northern part of the west coast of Peninsular Malaysia and has Satun and Songkhla Provinces of Thailand on its northern border. It is bordered by the state of Kedah to the south...

. Members are elected from single-member constituencies
Electoral district
An electoral district is a distinct territorial subdivision for holding a separate election for one or more seats in a legislative body...

 drawn based on population using the first-past-the-post
Plurality voting system
The plurality voting system is a single-winner voting system often used to elect executive officers or to elect members of a legislative assembly which is based on single-member constituencies...

 system. State assembly constituencies are usually smaller (in area and population) than the parliamentary constituencies. The party that forms the majority of the state assembly will form the state government.

Usually, state elections are held simultaneously with the parliamentary election but each state can decide when to hold its election. This is because state assemblies are dissolved by their respective Ruler or governor on the advice of the chief minister of the state. For example, in the 1999 general election, the state elections of the 11 states on Peninsular Malaysia
Peninsular Malaysia
Peninsular Malaysia , also known as West Malaysia , is the part of Malaysia which lies on the Malay Peninsula. Its area is . It shares a land border with Thailand in the north. To the south is the island of Singapore. Across the Strait of Malacca to the west lies the island of Sumatra...

 were held simultaneously with the parliamentary election while the state elections of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...

 and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...

 were held at different dates. In the 2004 and 2008 general elections, the state election of Sabah were held simultaneously with the parliamentary election as well, but Sarawak held its state election in 2006 and 2011.

Before the 2008 elections, the Barisan Nasional usually controlled most of the state assemblies in every election, with the notable exception of the state of Kelantan
Kelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....

. Kelantan has been a stronghold of the Islamic Party of Malaysia (PAS) since 1959. However, Barisan Nasional lost an additional four states (Penang, Kedah, Perak and Selangor) to the loose coalition of opposition parties composed of PAS, Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...

 (DAP) and People's Justice Party
Parti Keadilan Rakyat
The People's Justice Party , often known simply as KeADILan) is a centrist political party in Malaysia formed in 2003 by a merger of the National Justice Party and the older Malaysian People's Party...

 (PKR) in the 2008 elections, which has been termed by the Opposition as the 'political tsunami' of Malaysia.

Local government elections

Although there used to be elections for members of local governments such as municipal council
Municipal council
A municipal council is the local government of a municipality. Specifically the term can refer to the institutions of various countries that can be translated by this term...

s, today, no local government elections are held in Malaysia. Local government elections were suspended after the Indonesia-Malaysia confrontation
Indonesia-Malaysia confrontation
Indonesia–Malaysia confrontation during 1962–1966 was Indonesia’s political and armed opposition to the creation of Malaysia. It is also known by its Indonesian/Malay name Konfrontasi...

 in 1964. The suspension was never lifted and instead made permanent under the Local Government Act 1976. Under the Act, or the laws of individual states where relevant, local government members are appointed by the state government.

After Minister and People's Progressive Party
People's Progressive Party (Malaysia)
The People's Progressive Party is a political party in Malaysia.The party is one of the constituent members of the ruling National Front and is a multiracial party.-History:...

 President M. Kayveas
M. Kayveas
Datuk Seri Dr. M. Kayveas is a Malaysian politician and president of the People's Progressive Party . He was formerly a Deputy Minister in the Prime Minister's Department....

 raised concerns about local governments in late 2005, some suggested reviving local government elections. However, in an opinion column, the New Straits Times
New Straits Times
The New Straits Times is an English-language newspaper published in Malaysia. It is Malaysia's oldest newspaper still in print , having been founded as The Straits Times in 1845, and was reestablished as the "New Straits Times" in 1965. The paper served as Malaysia's only broadsheet format English...

 (owned by the United Malays National Organisation
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....

 or UMNO, leading party of the Barisan Nasional) quoted a professor from Universiti Kebangsaan Malaysia
Universiti Kebangsaan Malaysia
The National University of Malaysia is a public university located in Bangi, Selangor which is about 35 km south of Kuala Lumpur...

 as saying that such elections would not be brought back because "policymakers know from experience worldwide that the Opposition tends to dominate such councils as part of the electorate's desire for checks-and-balances." The professor also stated that due to required constitutional changes, it would be difficult for such amendments to pass muster in Parliament. The column also quoted a government ministry as saying that "holding elections are expensive affairs".

As of 2008, the Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....

 states' governments would like to implement the local government election in their states. However, these was not carried out due to the Federal Constitution which prohibit the implementation.

By-elections

In addition to general elections, a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....

 is held in the respective constituency when a member of Parliament or state assembly dies, resigns or is disqualified from holding a seat. The exception is if the vacancy occurs when the tenure for the current Parliament or state assembly is less than two years, where the seat is simply left vacant until the next general election.

Election process

Elections are supervised by a seven-member politically neutral Election Commission. Its members are appointed by the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

 following the advice of the Prime Minister.

Nomination process

Nomination centres are set up in various locations by the Election Commission to allow candidates to register themselves. Typically any Malaysian citizen may register as a candidate as long as he is not disqualified from doing so. He or she does so by filing the appropriate forms and placing a monetary deposit. The deposit was RM5000 to contest a parliamentary seat, or RM3000 to contest a state assembly seat. This amount was changed to RM 10,000 and RM 5,000 respectively in 2004. Additionally in 2004 it was required that each candidate provide a RM 5,000 deposit for cleaning up banners and posters after the election. This increase is seen by some as having led to the government winning a record number of seats without contest in 2004 (17 parliamentary seats were won without contest). The deposit is used to pay for infringements of election laws and is returned after polling day unless the candidate loses and fails to garner more than 1/8 of the vote.

As of the 2004 elections, candidates may have a lawyer present at these proceedings. Some candidates have been disqualified from previous elections as they lacked the competence to fill in the forms correctly.

In 2004 candidates were given 1 hour to fill out and return their nomination forms as opposed to 2 hours previously. This led to disqualification of certain candidates who were unaware of the change.

Campaigning

The campaign period permitted by law runs from the date of nomination day until polling day. Campaigning amongst opposition parties is often hampered by a lack of access to government-controlled media. Prior to the 1999 general election, opposition parties were given a brief period of airtime on the public Radio Television Malaysia (RTM) radio stations to broadcast their manifestoes. However, the government announced a change of policy in 1999, insisting that as RTM was government-owned, preference would be given to government parties.

Election day

On election day, registered voters may cast their ballot for their chosen candidate in a designated voting centre. These voting centres are typically schools or community centres which have been procured for that day. All activities in the school are suspended for that day. Holidays are also declared in states where election day does not fall on a weekend to allow maximum turnout.

Certain political parties will provide transport for voters to and from the voting centre. While campaigning is not allowed on election day, transportation is seen as something of a social service, especially since many people did not have a personal means of conveyance until the last decade or two, as of 2004.

No campaigning or advocacy for candidates is allowed within a voting centre. However, just outside the gate of most voting centres, there will be people plugging the various candidates.

Agents

Each candidate is allowed one agent per voting centre. Their job starts early and begins by inspecting that the metal ballot boxes have not been tampered. They also ensure that the boxes are securely locked before voting begins. After locking, the boxes are sealed by the election commission and each agent may place their own seal on the box.

The agents also ensure that the ballot papers given out to voters do not contain markings. In the past certain parties have marked the ballot papers for their own candidates. This will result in a spoilt vote which is discarded during counting. Some ballot papers have been coated with waxy surfaces to prevent voting for certain candidates. The agents ensure that these events do not occur.

The last task of the agent is to ensure that, on the close of voting, the ballot boxes are still secure and the seals are intact. This may be done at a designated counting centre instead of the voting centre. The boxes are opened once the agents are certain that there is no tampering.

Voting process

Only registered voters may vote in elections. Any Malaysian citizens above 21 years old must register in the voters' registry with the Election Commission via any offices affiliated with the Election Commission, post office
Post office
A post office is a facility forming part of a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail.Post offices offer mail-related services such as post office boxes, postage and packaging supplies...

s with computerised facilities or specified counters, before he or she could vote in elections.

After identity verification at a voting centre, each voter receives two paper ballots, one for the parliamentary seat of the constituency and another for the state assembly seat. In federal territories, where there is no state assembly, and states whose state election is held on a different date, each voter receives only one ballot for the parliamentary seat.

Each voter walks into individual booth to mark the ballots in secret. The voter marks on each ballot the candidate of his or her choice with a cross beside the candidate's name and party symbol. After finish marking, the voter folds the ballots and drops them into separate ballot boxes for parliamentary and state assembly seats.

Counting and announcement of election results

After the close of voting the election agents check the ballot boxes prior to opening and counting. They also monitor the counting to ensure that the total ballots are the same as the number of votes cast. This extends to checking the number of "double votes". Every ballot paper has a serial number on it and they are given out sequentially. Agents may check that the serial numbers match up. The counting of the ballots is done by hand.

After a count at the voting centre the boxes are transported to the counting centre for a second count. If all candidates agree to the count then it stands or else an immediate re-count is done at the counting centre.

Election results are announced through live broadcasts by radio and television stations. Some newspapers print special editions to cover the election results. In most constituencies, the results will be out on the night of the election day. In some rural constituencies and constituencies that need recounts, the results may not be announced until the next day.

Election offences

There are a few offences under election law. Most of these pertain to acts which induce a voter to cast his ballot for a candidate. It is also an offence to use these actions to induce voters not to cast ballots at all. These offences extend to using third parties as agents to commit them.
  • It is an offence to provide food, drinks or refreshments with a view to induce voters to either vote for a particular candidate or not vote at all.
  • It is illegal to provide monetary rewards for voting for a certain candidate.
  • It is an offence to threaten a person to vote for a candidate or not to vote. In 2004 this was extended to include "spiritual threats". This was due to the Islamic Party of Malaysia(PAS) threatening citizens in less developed parts of the country with eternal damnation if they did not vote for the PAS and that a vote for them would be rewarded by God.
  • It is an offence to obstruct passage to and from a voting centre. Setting up a location for any candidate within 50 yards (45.7 m) of the voting centre is an offence. Similarly, loitering in this zone is also an offence. Only voters are allowed in this zone on voting day.
  • It is technically an offence to provide transportation to a voting centre. However, this is not normally enforced as all parties do this to some degree. It is a further offence to use a vehicle that is normally rented out (such as a taxi or hired bus) to provide such transportation. The only exception to this is that it is allowed to provide for the crossing of river
    River
    A river is a natural watercourse, usually freshwater, flowing towards an ocean, a lake, a sea, or another river. In a few cases, a river simply flows into the ground or dries up completely before reaching another body of water. Small rivers may also be called by several other names, including...

    s. No passengers of any vehicle can be forced to alight within 50 yards (45.7 m) of a candidate's booth on voting day.
  • Each candidate is not allowed to spend more than RM 200,000 (parliamentary) or RM 100,000 (state) for campaigning under Section 19 of the Elections Offences Act, 1954. It has been alleged, however, that the governing Barisan Nasional coalition spent around RM
    Ringgit
    Ringgit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar or Singapore dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area...

    1.5 billion in the 2004 general election
    Malaysian general election, 2004
    General elections were held in Malaysia on March 21, 2004. The incumbent National Front government of Prime Minister Dato' Seri Abdullah Ahmad Badawi was re-elected with an increased majority.-Election results:...

    , far more than the RM94,300,000 permitted under the regulations.


Disputed Views

The statement below are allegations without substantial proof -


In the 2011 Sarawak State Election, Barisan Nasional was proved to have committed almost all the offenses mentioned above, winning 55 seats out of 71. In Saribas, where the Barisan Nasional operation centre provided free mineral water which lured voters was won by Barisan Nasional by 1,672 votes . Monetary rewards also largely influenced the winnings of Barisan Nasional in this election . The innocent villagers of Sarawak are used to being threatened to vote for the ruling party or face serious consequences . Simanggang, where Barisan Nasional won by 2,447 votes, had a Barisan Nasional checking counter inside the compound of polling station SK Sri Aman Kampung Muhibbah and Barisan Nasional banners within the 50m radius .

List of General Elections in Malaya and Malaysia

Edition Year Government* Opposition Total seats
Seats % seats % vote Seats % seats % vote
1   1959
Malayan general election, 1959
General elections were held in Malaya on 19 August 1959, the first since independence from the United Kingdom in 1957. It was the third national-wide election held in Malaya since the end of World War II. Malaya later formed Malaysia with three other states in 1963. Voter turnout was 73.3%.In the...

**
74 71.15 51.7 30 28.85 48.3 104
2   1964
Malaysian general election, 1964
General elections were held in Malaysia on 25 April 1964. The result was a victory for the Alliance Party, which won 89 of the 104 seats. Voter turnout was 78.9%.The result also contributed towards the eventual expulsion of Singapore from Malaysia...

**
89 85.58 58.5 15 14.42 41.5 104
3 1969
Malaysian general election, 1969
General elections were held in Malaysia on 10 May 1969, although voting was postponed until between 21 and 27 June in Sabah and Sarawak. It resulted in the return to power, with a reduced majority, of the ruling Alliance Party, comprising the United Malays National Organization , the Malayan...

95 65.97 49.3 49 34.03 50.7 144
4 1974
Malaysian general election, 1974
General elections were held in Malaysia between 24 August and 14 September 1974, alongside state elections in all states except Sabah.. This result was a victory for Barisan Nasional , which won 135 of the 154 seats. Voter turnout was 75.1%.-Results:...

135 87.66 60.7 19 12.34 39.3 154
5 1978
Malaysian general election, 1978
General elections were held in Malaysia on 8 July 1978. It was Hussein Onn's first election since he became the country's third Prime Minister. His Barisan Nasional Party emerged victorious with 131 of the 154 seats in Parliament...

130 84.42 57.2 24 15.58 42.8 154
6 1982
Malaysian general election, 1982
General elections were held in Malaysia on 22 April 1982. The result was a victory for Barisan Nasional, which won 132 of the 145 seats. Voter turnout was 74.4%.-Results:...

132 85.71 60.5 22 14.29 39.5 154
7 1986
Malaysian general election, 1986
General elections were held in Malaysia on 3 August 1986. The result was a victory for Barisan Nasional, which won 148 of the 177 seats. Voter turnout was 68.1%.-Results:...

148 83.62 55.8 29 16.38 41.5 177
8 1990
Malaysian general election, 1990
General elections were held in Malaysia on 21 October 1990. The result was a victory for the UMNO-led Barisan Nasional, which won 127 of the 180 seats...

127 70.55 53.4 53 29.45 46.6 180
9 1995
Malaysian general election, 1995
General elections were held in Malaysia on 25 April 1995. The result was a victory for the UMNO-led Barisan Nasional, which won 162 of the 192 seats. Voter turnout was 68.3%.-Results:...

162 84.38 65.2 30 15.62 34.8 192
10 1999
Malaysian general election, 1999
The 1999 Malaysian General Election was held on 29 November 1999 as stipulated by the laws of Malaysia for general elections. As expected, the Barisan Nasional coalition maintained its majority in parliament, and thus, its grip on the post of Prime Minister....

148 76.68 56.5 45 23.32 43.5 193
11 2004
Malaysian general election, 2004
General elections were held in Malaysia on March 21, 2004. The incumbent National Front government of Prime Minister Dato' Seri Abdullah Ahmad Badawi was re-elected with an increased majority.-Election results:...

198 90.41 63.9 21 9.59 36.1 219
12 2008
Malaysian general election, 2008
The 12th Malaysian general election was held on March 8, 2008, in accordance with Malaysian laws for national elections, which states that a general election must be held no later than five years subsequent to the previous elections; the previous general election was held in 2004...

140 62.61 52.2 82 36.93 47.8 222

* "Government" means Alliance Party
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...

 between 1959 and 1964 inclusively; Alliance and Sarawak United People's Party
Sarawak United People's Party
The Sarawak United Peoples' Party, or SUPP is a political party in Malaysia. The party is one of the constituent members of the ruling Barisan Nasional...

 for 1969; and Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...

since 1974
** Sabah and Sarawak did not participate in respective edition.
Source: Arah Aliran Malaysia: Penilaian Pilihan Raya (PDF)

General, State and By-elections

External links

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