BERSIH 2.0 wishes to respond to Election Commission chairman Azhar Azizan Harun, who said today that in general, government activities are not against election laws as during a by-election, the government still exists.

While it is true that in a by-election, state assemblies and Parliament are not dissolved and the government of the day is still functioning, the election law is still clear on certain offences like bribery, treating, undue influence and excessive spending.

When a government minister visits a constituency where a by-election has been declared, he or she has to be mindful that these election laws are effective, even before nomination day, because most of the offences listed in the Election Offences Act 1954 begins with “every person who, before, during or after an election”.  As such, any activities that are perceived as “fishing for votes”, even before nomination day, can be considered an election offence.

It is important that ministers during their working visits do not attach any conditions to their handouts or to their promises of development. Statements like “if you vote for my candidate or party, I will give you RM2 million”, or “I will build you a new school if my candidate wins” would be considered bribery using government resources.

Any announcement of goodies during a by-election should not be exclusive only to that constituency but general in nature. For example, to announce a special allocation just for schools in the by-election constituency may be deemed bribery but for schools nationwide, statewide or a large category that spans beyond the by-election constituency, would probably not be an election offence. Similarly, to remind voters of a fulfilled project in the by-election constituency is not an election offence.

When carrying out visits in their capacity as ministers, the prospective or confirmed candidate should not accompany them as it could be construed as campaigning using his/her government position. But if they don their party uniforms and the candidate accompany them, then they would be campaigning in their capacity as a party leader.

Bersih 2.0 once again calls on the Election Commission and all parties to come together to draw up guidelines to bring clarity to many such grey areas. Such heated public debate also underscores the urgent need for a parliamentary select committee on elections and political parties to deal with precisely such matters to bring legal clarity as well as introduce new legal amendments where needed. We call on such parliamentary select committee to be established without delay.

Bersih 2.0 is encouraged that there is a greater awareness of election laws and desire of parties to ensure that elections are conducted cleanly and fairly. Let us all work together to strengthen our democracy by reforming our electoral processes and laws. – February 15, 2019.

* Bersih 2.0 is a coalition of civil society bodies seeking to reform the electoral system in Malaysia to ensure free, clean and fair elections.