Changes to postal voting ‘unconstitutional’

The electoral watchdog said it is wrong to impose the conditions on overseas voters one month before the election.

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PUTRAJAYA: Electoral watchdog group Bersih 2.0 today described the changes made to the postal voting regulations as “unconstitutional”.

Bersih co-chairperson S Ambiga claimed that the Election Commission’s (EC) requirement for overseas Malaysians to show they have visited the country for at least 30 days in the last five years before an election date is announced was unprecedented and unnecessary.

“As it stands, all those who are of age and are citizens have the right to vote. You cannot limit that right,” Ambiga said at a press conference after handing over a memorandum to the EC here.

She acknowledged that such conditions are implemented in other countries, but contended that it cannot be imposed one month before the election.

“So even if you try, you can’t fulfil [the conditions]. That’s why we are saying it is wrong [to impose] those conditions,” she added.

Ambiga said the EC should not impose the conditions without discussing them in full.

“At this point there is no clarity and people are very confused [because] it’s happening at the last minute,” she said.

“… why is there the rush now just before the [general] election?” she asked.

Asked what if the EC were to go ahead and implement the conditions without discussion, Ambiga said overseas voters would then have to return home to vote.

“Don’t go for postal vote because there is no clarity,” she claimed.

“But for those who cannot come home, then they should try to vote as postal voters. Don’t boycott it,” she added.

In the memorandum, Bersih called for immediate discussions with electoral stakeholders such as MyOverseasVote and all political parties to address issues raised and develop procedures that meet universal standards of accountability.

It also proposed that political parties nominate postal voting agents for all overseas polling stations.

Copies of the memorandum were distributed to 14 cities all over the world.

The cities include Perth, Sydney, Singapore, Paris, San Francisco, Osaka, Tokyo, and Auckland.