Electoral reform committee backs law covering elections in pandemic era

 

The Electoral Reform Committee (ERC) has welcomed the proposal mooted by Special Functions Minister Mohd Redzuan Md Yusof to formulate a specific act concerning the postponement of elections to curb the spread of Covid-19 infections.

"The ERC welcomes the government's readiness to consider creating a specific act involving the electoral process to curb the spread of Covid-19.

"The ERC is of the view that it is time for a comprehensive review of existing laws to enable elections whether by-elections or general elections to be postponed during crises including during health crises, chaos and natural disasters or during endangering national security.

"For this purpose, a specific provision can be included in the Federal Constitution and the Elections Act 1958 to empower the Election Commission (EC) to take the necessary actions in the event of any crisis situation detrimental to the country," said ERC chairperson Abdul Rashid Abdul Rahman in a statement today.

In mooting the idea, Redzuan said it could not be denied that elections such as the Sabah state election in September, which involved large gatherings, have resulted in a spike of Covid-19 cases in the country.

Abdul Rashid said that the ERC also welcomes any efforts to strengthen other laws such as the Prevention and Control of Infectious Diseases Act 1988 (Act 342) during the health crisis as mooted by health director-general Dr Noor Hisham Abdullah last week.

"The ERC is of the view that several new provisions should be introduced with the aim of overcoming conditions that could disrupt the democratic electoral environment that could erode freedom, justice and transparency.

"The basic features of democratic elections cannot be neglected, and rules governing existing laws should not be set aside merely to complete an election.

"In democratic elections, every candidate and party should be given the widest possible opportunity to campaign and voters should not be limited by rules that can be considered restricting them to fulfil their responsibilities fairly and freely," he added.

Abdul Rashid said that under the current legal framework the EC only has the power to manage elections when there is a vacancy, but there is no provision to postpone the election.

According to Clause 1 of Article 54 of the Federal Constitution, the EC must hold elections to fill the vacancies that exist within 60 days.

"Therefore, the time has come for a new provision to include new Articles or sub-articles in the Federal Constitution or a new section in the Elections Act 1954 provided to empower the EC which is entrusted to conduct and manage elections in this country," said the ERC chairperson.

Abdul Rashid cited the ERC report submitted to Prime Minister Muhyiddin Yassin on Aug 27 as containing a proposal that the EC develop specific guidelines related to election management in emergencies.

"This includes conditions and emergencies such as natural disasters, riots or curfews such as the movement control order following an outbreak of a disease that is difficult to overcome in a short time.

"The ERC is ready to assist the government and all stakeholders in creating new provisions related to the need to postpone elections during the crisis, thus making the electoral management system in the country more effective and fair," he added. - Mkini