PUTRAJAYA must reveal the final report of the Electoral Reform Committee (ERC) and its recommendations for changes before the next general election, an electoral watchdog and analyst said.  

They said it is crucial for the public to know the 49 recommendations put forward by the ERC for a more transparent electoral system.

Bersih 2.0 chairman Thomas Fann said there is no reason the final report of the ERC should not be made public as they are recommendations to improve the electoral system and processes.

“Releasing it would allow the public to have deeper discussions and for views and ideas to flourish. We urge Prime Minister Ismail Sabri Yaakob to release the ERC in its entirety,” he told The Malaysian Insight.

Fann said while the government is not expected to adopt all 49 recommendations, it is expected to green-light those that are doable without the need to amend existing laws.

“Informing the public of its willingness to adopt some of the recommendations would go a long way to assure voters of its commitment to level the playing field in an election.”

In August last year, ERC chairman Ab Rashid Ab Rahman submitted 49 recommendations for electoral reofrm to then prime minister Muhyiddin Yassin.

Rashid had said that while there was no deadline for the government to fully implement the recommendations, it was suggested that 32 of them could be done in three years and rest in 10 years.

One of the recommendations was to separate the functions of the Election Commission (EC) into three bodies to boost public trust.

The EC would remain the main body in enforcing election laws, the election secretariat would conduct the election process while the commission for re-delineation of electoral boundaries would be responsible for administering certain matters related to delineation.

Other recommendations are to set the timeframe for the dissolution of Dewan Rakyat and state assemblies at least six months in advance of an election, and to allow a candidate to run for only one seat.

Fann said at least two of the recommendations are likely to be incorporated, namely Undi18 and automatic voter registration (AVR).

“Another (recommendation) that should be considered is to fix the election date at least six months before the event.

“This should be a precursor to eventually having a fixed-term Parliament Act where a government cannot arbitrarily call for an election at short notice without a two-thirds majority or if it is defeated in a confidence vote.”

Fann said allowing absentee and advance voting for east Malaysians on the peninsula, Undi18, and equitable media access to all parties should be done before the next general election.

He said the government is unlikely to make other changes that are not set down in the confidence and supply agreement it has signed with the opposition for reform.

He also said someone must be held accountable for the givernment failure to implement Undi18 and AVR in time for the by-elections and the Sarawak elections that have taken place, as well as the failure to offer alternative ways for the people to vote safely during a health crisis.

“The EC chairman (Abdul Ghani Salleh) has not shown any efforts to make elections safer and more inclusive so far and he should take responsibility for it.

“If the Sarawak elections are postponed again due to safety concerns, he should resign.”

He added that some of the doable reforms before GE15 are to grant east Malaysian voters on the peninsula absentee voter status and to allow them to vote in advance from voting centres in every state.

“For others – overseas Malaysians, those in Singapore, Kalimantan, Brunei and South Thailand – they should be granted postal voting rights.”

Electoral reforms need political will

Political scientist Wong Chin Huat said some key reforms that could be introduced before GE15 include free and fair media coverage, absentee voting, electoral, nomination and campaign and voter education.

This, Wong said, excludes political financing, which requires parliamentary legislation.

He said even before the report is made public, the EC should be carrying out these reforms and updating the public on its progress.

“Reform on electoral processes are mostly adoptable now and certainly before GE15.  What it needs is political will.

“If the EC chair, Ghani, the EC secretary during GE14, finds the straightforward recommendations of the ERC led by Rashid beyond his delivery capacity, then he should give way to more competent persons.”

He said the EC must also take bold steps to expand absentee voting and media access to minimise Covid-19 infection risk in elections.

“It must not allow the loss of lives in the Sabah elections to repeat.”

Wong said the reforms to integrate and separate the powers and functions of the EC.

He said the EC would be supported by an administrative arm and a boundary commission (to conduct constituency delineation).

“These far-reaching reforms will need further debate, which must start now to build public confidence even if not all the reforms can be introduced before GE15.

“Again, Ghani must lead the EC to open up the debate and not sit quietly in Putrajaya.”

Wong said one reform that can and should be introduced immediately through parliamentary law is the transfer of power over party registration from the Registrar of Societies (ROS) to the EC, as is the practice in other countries.

“This is urgent now that even the two main parties in government, Umno and Bersatu, have suffered from partisan decisions of the ROS.”

He added reform of the electoral system should include the prohibition of dual candidacy for parliamentary and state contests, as well as set a 30% quota for women candidates.  

“A change of electoral system certainly needs extensive deliberation involving all stakeholders in society and is unlikely to happen before GE15.

“Nevertheless, the EC must invite and organise public discussions to further the deliberation, and not act like a spectator.”

Wong said should Dewan Rakyat Speaker Azhar Azizan Harun reject Pengerang MP Azalina Othman Said’s anti-party hopping bill, it would bring into question the Ismail administration’s sincerity in fulfilling its obligations set out in the supply and confidence reform deal it has signed with the opposition. – September 24, 2021.