BERSIH wants caretaker governments to follow campaigning guidelines issued by the Election Commission (EC) and not repeat past mistakes by announcing goodies ahead of the upcoming state assembly elections. 

Its chairman Thomas Fann said currently there was no clear law to prevent the abuse of state resources by caretaker governments during polls.

“Currently there is only a guideline issued by the chief secretary but it does not prevent party leaders and ministers from holding official functions during elections to campaign for their parties. 

“The other common election offences are the holding of feasts, lucky draws and the giving of petrol or motor oil,” he said. 

Fann said that while the EC was not empowered to fine or charge any offender, it could educate the parties and public on the offences.

“Caretaker state governments should refrain from making major policy announcements as it would be unethical and make it difficult for the federal government assume the caretaker role when states are having elections.”

The EC last week announced that the polls for Selangor, Penang, Negri Sembilan, Kedah, Kelantan and Terengganu would be held simultaneously on August 12. 

Nomination day is set for July 29 while early voting will be held on August 8. 

A total of 245 seats will be contested – 32 in Terengganu, 36 each in Kedah and Negri Sembilan, Penang (40), Kelantan (45), and Selangor (56)

Fann said Perikatan Nasional chairman Muhyiddin Yassin’s statement that he would appoint politicians to the board of government-linked companies (GLCs) if they win in the state elections was an affront to good governance and an abuse of power. 

“GLCs should not be treated as political parties’ to pay their party loyalists. 

“These companies manage and hold public wealth in trust for the public. This statement could be an attempt to sway certain leaders from Umno to switch allegiances.”

Fann said that promises in itself are not wrong as the very essence of campaigning is to make promises in order to win votes. 

“But it becomes an election offence when the promise is made to a select group of voters and something of value like money or position is offered in return for votes.”

Last week, Muhyiddin said that he sees no problem with appointing politicians to the boards of GLCs if the coalition wins power in the state elections. 

On vote buying, Fann said that it has long been part of election culture in one form or another but hopes with the recent invalidation of the Kuala Terengganu federal seat by the election court, it would send a strong signal to all parties that vote buying will not be tolerated. 

“Under current laws, there isn’t much the EC can do to enforce violation of election offences especially before nomination day.

“Only the Malaysian Anti-Corruption Commission (MACC) and the police could act when there has been a clear breach of the law.”

He also said the law does not forbid campaigning before the official dates but the putting up of flags and banners are regulated by state election officers and local authorities’ by-laws which prevent it from being done without permission.

Fann also called on all parties to not resort to the use of sensitive issues like religion, race and royalty to win votes.

“Doing so would further polarise our society. Elections come and go but the communities need to live in harmony after the elections.

“The incitement of hate and hostility is also an election offence.” –  July 16, 2023.