ELECTIONS ACT 1958

Elections LAWS OF MALAYSIA REPRINT Act 19 ELECTIONS ACT 1958 As at 1 December 2016 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2016 1 2 Act 19 Laws of Malaysia ELECTIONS ACT 1958 First enacted … … … 1958 (Ordinance No. 33 of 1958) Revised … … … 1970 (Act 19 w.e.f 11 January 1971) National language text to be authoritative … … Latest amendment made by Act A1317 which came into operation on … … … P.U. (B) 197/1994 … 1 October 2007 Previous Reprints First Reprint … … … … … 1982 Second Reprint … … … … … 1988 Third Reprint … … … … … 1990 Fourth Reprint … … … … … 1992 Fifth Reprint … … … … … 1994 Sixth Reprint … … … … … 1999 Seventh Reprint … … … … … 2002 Eighth Reprint … … … … … 2004 Ninth Reprint … … … … … 2006 Tenth Reprint … … … … … 2007 Elections 3 LAWS OF MALAYSIA Act 19 ELECTIONS ACT 1958 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title 2. Interpretation Part II SUPERVISION OF ELECTIONS 3. Appointment of officers 3 A. General powers and duties of Secretary, Deputy Secretary and Assistant Secretaries 4. Powers of officers 5. General powers and duties of Election Commission Part III CONSTITUENCIES 6. (Deleted) 7. Polling districts and polling centres 4 Laws of Malaysia Act 19 Part IV REGISTRATION OF ELECTORS Section 8. Appointment of officers 9. Preparation, publication and revision of electoral rolls 9A. Certified or re-certified electoral roll shall be deemed to be final 10. Registration in one constituency only 11. (Deleted) Part V CONDUCT OF ELECTIONS 12. Writs of election 13. Election of candidates 14. Use of schools and public buildings and premises as polling centres Part VI REGULATIONS 15. Power to make regulations relating to the registration of electors 16. Power to make regulations relating to the conduct of elections 17. Regulations to be laid before the Dewan Rakyat Elections 5 LAWS OF MALAYSIA Act 19 ELECTIONS ACT 1958 An Act providing for elections to the Dewan Rakyat and to the Legislative Assemblies of the States. [Peninsular Malaysia, *Federal Territory of Putrajaya—28 August 1958, L.N. 250/1958; † Sabah, **Federal Territory of Labuan —1 August 1965, P.U. 176/1966; †† Sarawak—1 November 1966, P.U. 227/1967] Part I PRELIMINARY Short title 1. This Act may be cited as the Elections Act 1958. Interpretation 2. In this Act, unless the context otherwise requires— “Adjudicating Officer” means the Adjudicating Officer appointed under section 8; *NOTE—see section 6 Act A1095. **NOTE—see section 6 Act A585. † NOTE—For extension and modification of Act to Sabah, see P.U. 56/1966, P.U. 144/1966, P.U. 498/1966, P.U. 348/1967. †† NOTE—For extension and modification of Act to Sarawak, see P.U. 497/1966, P.U. 349/1967, P.U. 55/1968. 6 Laws of Malaysia Act 19 “candidate” means a person who is nominated in accordance with any regulations made under this Act as a candidate for an election; “Chief Registrar”, “Deputy Chief Registrar”, “Registrar”, “Deputy Registrar” and “Assistant Registrar” mean respectively the Chief Registrar of Electors, Deputy Chief Registrar of Electors, Registrar of Electors, Deputy Registrar of Electors and Assistant Registrar of Electors appointed under section 8; “constituency” means a Parliamentary constituency or a State constituency, as the case may be; “Constitution” means the Federal Constitution; “election” means a Parliamentary election or a State election, as the case may be; “election officer” means an officer appointed under section 3 or 8 or any officer appointed for the purpose of conducting or assisting in the conduct of any election, or registering or assisting in the registration of electors, under any regulations made under this Act; “elector” means a citizen who is entitled to vote in an election by virtue of Article 119 of the Constitution; “electoral roll” means an electoral roll prepared under section 9; “enforcement officer” means an enforcement officer appointed under section 3 and includes an assistant enforcement officer; “member” means a member of the Dewan Rakyat or of a Legislative Assembly, as the case may be; “Parliamentary constituency” means a constituency delimited in accordance with Article 116 of the Constitution; Elections 7 “Parliamentary election” means an election of a member to the Dewan Rakyat; “Parliamentary elector” means an elector who is entitled to vote in a Parliamentary election; “polling centre” means any building, structure, vehicle or vessel, at the place appointed under section 7, set apart and equipped for the purpose of polling and counting of votes; “polling district” means a part of a constituency as divided under section 7; “polling station” means any room or partition which is also known as stream provided by the Election Commission in the polling centre; “prescribed” means prescribed by or under this Act; “registration area” means the whole area constituting a Parliamentary constituency; “returning officer” means an officer appointed under section 3 and includes an assistant returning officer; “Secretary” means the Secretary to the Election Commission appointed under section 3; “State constituency” means a constituency delimited in accordance with Article 117 of the Constitution; “State election” means an election of a member to a Legislative Assembly; “State elector” means an elector who is entitled to vote in a State election. 8 Laws of Malaysia Act 19 Part II SUPERVISION OF ELECTIONS Appointment of officers 3. The Election Commission may, subject to Clause (1) of Article 115 of the Constitution, appoint— (a) a Secretary and such number of Deputy Secretaries, Principal Assistant Secretaries and Assistant Secretaries to the Election Commission as the Commission may consider necessary; (b) a State Elections Director and so many Deputy State Elections Directors for each State as the Commission may consider necessary; (c) a returning officer and so many assistant returning officers for each constituency as the Commission may consider necessary; and (d) an enforcement officer and so many assistant enforcement officers as the Commission may consider necessary for each constituency. General powers and duties of Secretary, Deputy Secretary and Assistant Secretaries 3a. (1) The Secretary shall be the chief administrative officer of the Election Commission, subject at all times and in all matters to the supervision, direction and control of the Commission, and shall— (a) implement the decisions of the Commission; (b) carry out the day-to-day administration of the offices of the Commission, and exercise supervision, direction and control over all other election officers, and all other officers of the Commission; Elections 9 (c) carry out such functions as may be given to him by the Commissions in or for the exercise of its powers or the performance of its duties in relation to the review or delimitation of constituencies, the registration of electors, the conduct of elections and other matters; (d) have power to signify on behalf of the Commission all writs, notices and other documents of the Commission, all subsidiary legislation made by the Commission, and all other acts of the Commission; and (e) have such other powers and duties as may be provided under this Act and any other written law. (2) Subject to the direction, control and supervision of the Secretary, the Deputy Secretaries shall have and may exercise all the powers and perform all the functions of the Secretary under this Act and any written law, and in the absence of the Secretary, the most senior Deputy Secretary shall act as the Secretary. (3) Subject to the direction, control and supervision of the Secretary and Deputy Secretaries, the Principal Assistant Secretaries and Assistant Secretaries shall assist the Secretary and Deputy Secretaries in the exercise of their powers and the performance of their functions. Powers of officers 4. (1) A State Elections Director shall, subject to the direction and control of the Election Commission, have all the powers and may perform all the duties of the Commission in relation to the conduct of elections in the State for which he is appointed. (2) A Deputy State Elections Director shall, subject to the direction and control of the State Elections Director, have all the powers and perform all the duties of the State Elections Director in the State for which he is appointed. (2a) A returning officer shall, in common with other election officers, be subject to the control, supervision and direction of the Election Commission as provided in paragraphs 5(1)(a) and (b). 10 Laws of Malaysia Act 19 (3) An assistant returning officer shall, subject to the direction and control of the returning officer whom he is appointed to assist, have all the powers and may perform all the duties of the returning officer. (4) (a) If any returning officer is by sickness or other cause prevented or disabled from performing any of his duties under this Act and there is no time for any other person to be appointed by the Election Commission the returning officer may appoint an assistant returning officer to act for him. (b) Every appointment under paragraph (a) shall as soon as possible be reported to the Election Commission and may be revoked by the Commission but without prejudice to the validity of anything already done by any assistant returning officer so appointed. (5) An enforcement officer shall, subject to the direction and control of the State Elections Director, have all the powers and perform all the duties given to him for the enforcement of laws relating to the conduct of elections in the constituency for which he is appointed. General powers and duties of Election Commission 5. (1) The Election Commission shall— (a) exercise control and supervision over the conduct of elections and the registration of electors on the electoral rolls, and shall enforce on the part of all election officers fairness, impartiality and compliance with Part VIII of the Constitution and this Act and any regulations made under it; (b) have power to issue to election officers such directions as may be deemed necessary by the Commission to ensure effective execution of Part VIII of the Constitution and this Act and any regulations made under it; (c) have power to administer any oath required to be taken under this Act and any regulations made under it; and Elections 11 (d) execute and perform all other powers and duties which are conferred or imposed upon it by this Act and any regulations made under it. (2) The Election Commission may delegate, subject to such conditions and restrictions as the Commission may consider necessary, any of the powers and duties conferred or imposed upon the Commission by this Act or any regulations made under it, to such person or officer as it may think fit: Provided that— (a) nothing in this subsection shall apply to any power to make regulations under this Act; and (b) no such delegation shall affect the exercise of such powers or the performance of such duties by the Commission. Part III CONSTITUENCIES 6. (Deleted by Act 14 of 1962). Polling districts and polling centres 7. (1) As soon as may be after the delimitation of a constituency in accordance with the Constitution, and after it when any constituency is altered or a new constituency is created, the Election Commission shall— (a) divide each constituency into polling districts; (b) assign to each polling district a distinguishing letter or letters or number or both; (c) appoint a place or places at which a polling centre or centres for the district shall be established; and 12 Laws of Malaysia Act 19 (d) publish in the Gazette a notice specifying— (i) the polling districts into which the constituency has been divided; (ii) the distinguishing letter or letters or number or both