Young voters go to court to halt Sarawak elections


Desmond Davidson

Avril Clarice Chin, Ivan Alexander Ong and Adam Johanson Jeremy Shayne have filed an application in a Kuching high court for a judicial review and to stay the state elections until they can vote. – The Malaysian Insight pic, December 8, 2021.

THREE Sarawak Undi18 voters have filed an application in the Kuching High Court for a judicial review and to stay the state elections until they can vote.

Lawyers for Ivan Alexander Ong, 19; Avril Clarice Chin Ning, 18, and Adam Johnson Jeremy Shayne, 19, filed the application yesterday.

Judicial Commissioner Alexander Siew will hear the application on Monday.

The three are seeking a declaration that they will be citizens entitled to vote in any elections held after December 15; to quash the Election Notice that set the polling date on December 18, to quash the Electoral Roll notice that stated the roll up to November 2 will be used for the election; and a direction or order – a mandamus – to compel the respondents “to take urgent and immediate steps to ensure they and any citizens like them be entitled to vote as provided under Article 119 of the Federal Constitution”. 

The first respondent is the Registrar of Electors Sarawak and the second is the Election Commission. 

Pending a decision on the application, the trio also sought to stay the execution and enforcement of the election notice made on November 25.

Ong was among the five Undi18 teenagers who mounted a similar legal challenge in the Kuching High Court on September 3 last year for an order to compel the prime minister, the Federal government and the EC to take all the  necessary steps for Undi18 and the automatic voter registration to come into effect as soon as possible. 

On July 16, 2019, Parliament unanimously passed the amendment to the Federal Constitution to lower the minimum voting age from 21 to 18.

On December 1, the Yang di-Pertuan Agong fixed December 15 as the date of implementation. 

Unfortunately, all who are under the age of 21, including the trio, will not be able to vote in the elections because they are not registered in the electoral rolls used.

On March 25 last year, the EC announced that Undi18 and the automatic voter registration is expected to be implemented after September 1 next year. Five Undi18 voters, including Ong, went to court to seek legal redress. – December 8, 2021.
 

 


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