A JOHOR voter is taking the Election Commission (EC) and Putrajaya to court for preventing him from voting in the recent state elections, said Bersih 2.0.

It said the first-time voter was barred from casting his ballot in Skudai on March 12, despite his negative Covid-19 test results.

“He took necessary health measures, such as self-testing, before going to the polling station, but was still stopped by EC workers although the results were negative,” said the Bersih steering committee in a statement.

The electoral watchdog is facilitating the voter in his suit, while law firm AmerBon is representing the voter.

The suit, filed yesterday, is based on grounds that the EC decision and action were irrational and illegal.

A voter’s right to vote is protected under article 119 of the Federal Constitution, the Election Act 1958 and Elections (Conduct of Elections) 1981.

These laws do not give the EC any power to deny a voter’s right to vote on the grounds of an infectious disease while still within the quarantine period.

They also do not provide for the requirement that a voter must have obtained prior permission from a district health officer before casting his/her ballot.

The suit stated that the EC wrongfully delegated its power to the district health officer.

The Health Ministry was the one that decided on Covid-19 standard operating procedures during the state elections.

The suit, however, argued that the final say was still with the EC to ensure a voter’s right to vote was not affected.

“The EC must ensure all registered voters can participate in any election.”

“There are various methods that can be used by the EC to ensure the voting process,” said Bersih.

“The Malaysian government and commission should be willing to go down to the ground and have dialogues with stakeholders on proactive measures in conducting elections, especially in a Covid-19 situation.” – June 9, 2022.