GE13 like Gore vs Bush: But are M'sian courts as independent as in the US?

The goal of national reconciliation seems still very far away. The Election Commission has so far received 60 election appeals, with some of them have their trial dates set.

It is the people's right under the law to challenge election results. Voters or candidates have the right to file election appeals as long as there are sufficient evidence. According to constitutional experts, however, challenging election results in court is not easy. The judicial procedures are complicated and time-consuming. Most appeals might not be able to enter the trial phase due to technical problems.

The current political impasse in the country has reminded me of the US presidential election in 2000.

The contest was between Republican candidate George W. Bush, the incumbent governor of Texas, and Democratic candidate Al Gore, the incumbent Vice President.

A controversy broke out over the awarding of 25 votes in Florida. Since the votes gained by the two candidates were very close, with Bush gaining only 1,784 more votes than Gore, votes were recounted again and again and appeals were filed.

The intense legal battle lasted for 36 days.

US court decision

Eventually, the US Supreme Court ruled in a 5–4 vote that the Florida recounts could not be completed before a December 12 "safe harbor" deadline, and should therefore cease and the previously certified total should hold.

It put Gore in a hopeless situation and Bush won.

In fact, Gore received 543,895 more popular votes than Bush. However, the US President is decided by electoral votes. Therefore, although Gore won more popular votes, he still lost to Bush who gained more electoral votes.

For Gore, it was indeed a painful result.

Despite the Supreme Court's decision was accused of political bias, Gore still showed his respect to the rule of law and graciously accepted the defeat. He said, "While I strongly disagree with the court's position, I accept it."

He called for supporters to accept the finality of the outcome, put the country's interests before party and unite behind the new President.

It is one of the most classic presidential election of the US, not only because it is filled with climaxes, but also because it exposed the unfair site of the American electoral politics. It could hardly be imagined that the Americans, who attach high importance to democracy and human rights, still accept such a flawed electoral system even today.

The 13th General Election of Malaysia has also exposed a flaw in the electoral system. Pakatan Rakyat lost the election even though it was able to gain more popular votes. It has triggered a controversy over the electoral system, while leading to protracted lawsuits.

It is too early to talk about the outcome of the lawsuits and what I am concerned about is, would the defeated party helplessly accept the court's decision like Gore or launch a new round of battle, after the court's decision is announced?

- SCD