DEMOCRACY AND GENERAL ELECTION CONSTITUTIONAL KING CONSTITUTION POLITICAL PARTIES EXECUTIVE LEGISLATIVE JUDICIARY ELECTION Characteristic of Democratic Country GENERAL ELECTION The process to determine which candidate or party wins or forms the government. The political methods for the people to give the mandate to or determine the power for a certain party to form a government. Give the citizens the right to pick their own government. Allows the principle of freedom of a citizen to choose their own leader. Election Political parties Candidates Fishing for votes (canvassing) Banners Ballot boxes Ballot papers State Legislative Assembly Parliament Tools of elections The Representatives chosen by the people are responsible to the voters from their own constituency. This is the philosophy of democracy from the people to the people and for the people. The party that wins the election at the Parliamentary level with a majority will form the central government while those who win with a majority at the State Legislative Assembly will form the state government. Tools of elections (Cont) The party that wins the election has constituted a social contract between the people and the candidate or party. They must fulfil the partys promises and manifesto proclaimed in the election campaign. Tools of elections (Cont) However, failure to fulfil their responsibilities for the four or five years (elections period), the people can change the existing government by next election. Malaysia is a country that practices a system of parliamentary democracy. Tools of elections (Cont) General Elections By-Elections Local Government Elections Types of elections Elections for the whole country. Held once in a five years. Held after Parliament or State Legislative Assembly is dissolved. Can be held earlier for specific reasons General Elections Do not involve the dissolution of any of the assembly. Held to fill a political office that has become vacant between regularly scheduled elections. Occurred when the incumbent has died or resigned or ineligible to continue in office By-Elections To appoint Executive members for each of the local government bodies to represent the local people in the Council. Local Government Elections WHEN ARE GENERAL ELECTIONS HELD? Once every five years but also can be held before the term is up for specific reasons. Federal Level Yang di-Pertuan Agong must dissolve Parliament on the advice or at the request of the Prime Minister. State Level Ruler/Yang Dipetua Negeri must dissolve State Legislative Assembly at the request of the Menteri Besar or Chief Minister. The elections must be held within 60 days after the Parliament is dissolve in West Malaysia and within 90 days in Sabah and Sarawak. WHEN ARE THE BY-ELECTIONS HELD? At the death of a representative or member of the State Legislative Assemblyman or member of Parliamentary or there is a vacant seat because of absenteeism from meetings for a fixed period of time. When the general election result of a constituency is considered not legal. If the technical problems occurred in the process of the elections and required to be repeated. THE VOTER AND CONDITIONS Voter individual who has the right and qualifies to ballot in an election regardless of religion, race, ethnic group, colour, height, body size or gender. According to Article 113 of the Constitution, Election Commission is the body that responsible for managing and administering the elections. The members of the Election Commission are appointed by the Yang di-Pertuan Agong after consultations with the Council of Rulers. Draw up the borders of the electoral constituencies. Prepare and check the voters lists for the elections Manage the election process for the Parliamentary and State Legislative Assembly constituencies. Three main responsibilities of the Commission are: Membership of the Election Commission according to Article 114 of the Constitution The membership consists of a chairperson, a deputy and three other members. They are allowed to hold the post until the age of 65. They can resign from the post by sending a letter to the Yang di-Pertuan Agong and have to go through special procedures. Yang di-Pertuan Agong can dismiss a member of the Commission if he is bankrupt or he is holding a salaried post or becomes a member of Parliament or member of the State Legislative Assembly. VOTE AND BALLOTING The Election Commission will issue an order to the Managing Officer to organize the balloting process. The Managing Officer responsibility is to issue a statement through the Government Gazette or newspaper, on the date of nomination of candidates, the place and the time of election for every electoral constituency (voters) Must be done in not less than ten days after its announcement has been circulated. The candidate must obtain a nominator, a seconder and at least four other people, whose names are recorded in the nomination paper. Nomination The candidate must put down a deposit, the sum of which varies. They must also be registered voters in the voters register of the constituency where the candidate is contesting. Nomination (Cont) Ballot One vote for one candidate each voter can only choose one candidate whom he thinks qualifies to represent him. For non-residing voters, voting is done through the post. They make their choice earlier and send the ballot papers through the post. Voting Formula STATE LEGISLATIVE AND PARLIAMENTARY MEMBERS According to Section 6 Schedule 8 of the Constitution, those who win the elections become a State Legislative Assemblyman or member of Parliament except if: The person is found or is pronounced to be not of sound mind. The person is a bankrupt and has yet to be released. The person holds a salaried post. The person fails to send his statement of expenses for the Parliamentary or State Legislative Assembly election in which he was standing as an election candidate or representative within 33 days after the announcement of the election results. CONT.. A person has been found guilty for a criminal offence by any court in the Federation (or, before Malaysia Day in the territories of Sabah, Sarawak or Singapore) and has been sentenced to imprisonment for not less than a year or fined not less than two thousand Malaysian ringgit and has not received pardon. CONT.. A person deliberately obtains foreign citizenship or deliberately used foreign citizenship or pledged allegiance to any foreign country. The person has been found guilty of an offence related to elections. Duration as Peoples Representative and Member of the State Legislative Assembly The duration to be a member of Parliament is until the date Parliament is dissolved by the Yang di-Pertuan Agong. The duration to be a member of the State Legislative Assembly is until the State Legislative Assembly is dissolved by the Sultan/Ruler or the Yang Dipertua Negeri. A person can lose his designation as Yang Berhormat if he is found guilty in some matters. According to Article 52 of the Constitution, a representative of the people can be stripped off his post if he fails to present himself from meetings for six months from the date the House begins to sit after the election. Senate Members The Senate is the highest body in the country with responsible for further debates and scrutiny on the bills that the House of Representatives had passed before sending them to the Yang di- Pertuan Agong for his approval.. According to Article 45 of the Constitution, the members of the Senate are termed Senator are selected and appointed by Yang di-Pertuan Agong after had been chosen by the State Legislative Assembly. Senate Members (CONT) Senators were appointed from those who: Rendered excellent service in the public service. Successful person in their respective professions such as business, industry and art. Represent minority groups or people. SENATOR A Senator can hold his post for three years and not more than six years, even during the period of Parliament is dissolved. A Senator can also resign from the post by writing officially to the yang Dipertua of the Senate. SENATOR (Cont) According to Article 59[2] of the Constitution, if a Senator is unable to attend the meetings for more than six months, he needs to get the prior permission of the Senate otherwise the post can be stripped off. The End..