Old Enough To Hang but NOT to Vote

Last Tuesday, an Egyptian court ruled that Egyptians living abroad should be allowed to vote at embassies in upcoming parliamentary and presidential elections, a judicial source said. A little closer to home, six brave Malaysian citizens overseas filed a lawsuit against the Election Commission (EC) asking the High Court to compel the EC to register them as absent voters. As they work in the UK, they had applied to be registered as absent voters to be eligible voters in the coming general election but were instead registered by the EC as ordinary voters, who must return to Malaysia to vote in person. And why?

Bernama reported that there are about one million Malaysian expatriates working overseas as of April this year, the Dewan Rakyat was told Monday. The figure was based on a joint study by the World Bank and the Economic Planning Unit of the Prime Minister's Department.

Thus, it is timely that all Malaysians should pressure the government to allow those Malaysians residing abroad to vote in the country of their residence. Not many can afford the $$$ or time to come back to Malaysia to cast their vote.

According to MyOverseasVote:

Although the EC Chairman, Tan Sri Abdul Aziz Yusof, announced on 25 August 2011 that all Malaysians overseas would be allowed to vote by post, the EC has recently clarified to MyOverseasVote that the EC Chairman had never promised that the EC would do so before the next general election. Two months after the announcement was made, the EC has still taken no action to enable Malaysians overseas even to begin the process of registering as absent voters, which usually takes 3-6 months. Overseas Malaysians are increasingly worried that the 13th General Election will come and go while they continue to be deprived of their constitutional right to vote.

According to the Constitution of Malaysia:

Article 16a

16A. Subject to Article 18, any person of or over the age of eighteen years who is on Malaysia Day ordinarily resident in the State of Sabah or Sarawak is entitled, upon making application to the Federal Government before September 1971, to be registered as a citizen if he satisfies the Federal Government -

(a) that he has resided before Malaysia Day in the territories comprised in those States and after Malaysia Day in the Federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date;

(b) that he intends to reside permanently in the Federation;

(c) that he is of good character; and

(d) except where the application is made before September 1965, and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the Malay language or the English language or, in the case of an applicant ordinarily resident in Sarawak, the Malay language, the English language or any native language in current use in Sarawak.

Article number: 119

119.

(1) Every citizen whom

(a) has attained the age of twenty- one years on the qualifying date; and

(b) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter, is entitled to vote in that constituency in any election to the House of Representatives or the Legislative Assembly unless he is disqualified under Clause (3) or under any law relating to offences committed in connection with elections; but no person shall in the same election vote in more than one constituency.

(2) If a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purpose of Clause (1) be deemed not to be resident in that constituency.

(3) A person is disqualified for being a elector in any election to the House of Representatives or the Legislative Assembly if-

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or

(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence.

(4) In this Article "qualifying date" means the date by reference to which the electoral rolls are prepared or revised, and "absent voter" means in relation to any constituency any citizen who is registered as an absent voter in respect of that constituency under the provisions of any law relating to elections.

NOTE: IT DOES NOT SAY ONE MUST ONLY VOTE ON MALAYSIAN SOIL. Anyway, if embassy staff, government officers and government scholarship holders are allowed to vote at embassies, THAT MEANS IT IS LEGAL. SO WHY NOT EXTEND THIS TO ALL MALAYSIANS RESIDING OVERSEAS? If not, does it seem like it is only for members of an EXCLUSIVE CLUB? Does this scenario exist because embassy staff, government officers and government scholarship holders are under control and thus allowed to vote outside Malaysia? The fact they CAN vote means it IS allowed. Thus, in view of the fact that ONE MILLION Malaysians are working abroad, ALL should be allowed to vote!

Article number: 120

120. Where in accordance with Article 45 (4) provision is made by Parliament for the election of Senators by the direct vote of electors-

(a) the whole of a State shall form a single constituency and each elector shall have as many votes at any election to the Senate as there are seats to be filled in that election; and

(b) the electoral rolls for elections to the House of Representatives shall

(1) Every citizen who-

(a) has attained the age of twenty- one years on the qualifying date; and

So, you can become a citizen at 18, drive at 16, but only vote at 21

2) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter,

*So, it does not say you MUST live in Malaysia to vote (if not so resident, is an absent voter)

Article 119 (3) A person is disqualified for being a elector in any election to the House of Representatives or the Legislative Assembly if-

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or

(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence.

Note: Does it say you are disqualified to vote if you live in London? So, why can't 1 million overseas Malaysians vote?

Does it appear that SPR makes up its own rules as they go along? One minute they could say no pondok panas but on the morning of Polling Day, they could allow it. Are rules being changed in an ad hoc manner in a manner which could violate BOTH civil liberties and the Constitution? If so, does SPR appear to be a law of its own? Are laws being made up and goal posts moved at opportune moments?

Article Number: 19

19.

Subject to Clause (9), the Federal Government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied -

(a) that -

(i) he is resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;

(ii) (Repealed).

(b) that he is of good character; and

(c) that he has an adequate knowledge of the Malay language.

(2) Subject to Clause (9), the Federal Government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied -

(a) that he has resided in the Federation during the seven years immediately preceding the date of the application, for periods amounting in the aggregate to not less than five years;

(b) that he intends to do so permanently;

(c) that he is of good character; and

(d) that he has an elementary knowledge of the Malay language.

Food for thought :

One who commits murder at 18 can get hanged. At 17 (minimum age for driving), one can kill someone on the road with reckless driving, while at 18, one can become citizen. BUT, only at 21 can one vote and must only vote in Malaysia and not at embassies like MANY other countries (Indonesia and Philippines included)!!!

Why?

-masterwordsmith