Moving of Voters across DUN and Parliament is against the Federal Constitution

MEDIA STATEMENT from Bersih 2.0

The Coalition for Free and Fair Elections (BERSIH 2.0) calls for the Election Commission (EC) to explain why voters have been moved to a different DUN and Parliament constituency. This happened resulting from the recent “locality correction” exercise undertaken by the EC.

Preliminary analysis showed that 118,774 voters have been moved to a different DUN constituency, of which over 40,000 voters were also moved to a different Parliament constituency, although their address remains the same.

Example 1: 2,208 voters in Bandar Utama Batang Kali, Selangor were voters in the Batang Kali DUN in the 2013 General Elections. After the locality correction exercise, they have been moved to the Kuala Kubu Baharu DUN.

Example 2: 37 voters were voters in the Indera Mahkota Parliament constituency (Pahang) in the 2013 General Elections, but they have been moved to the Kemaman Parliamentary constituency (Terengganu).

The number of voters moved in several DUN and Parliament constituencies are large enough to affect the outcome of an election. The following are the top five DUNs and Parliament constituencies which has the highest number of voters’ movement:

From Parliament To Parliament Total Voters Affected
P191 – Kalabakan P190 – Tawau 2742
P141 – Sekijang P140 – Segamat 2694
P107 – Subang P108 – Shah Alam 1937
P66 – Batu Gajah P71 – Gopeng 1837
P101 – Hulu Langat P102 – Serdang 1622

 

From DUN To DUN Total Voters Affected
P145 – Bakri N13 – Sungai Abong P145 – Bakri N12 – Bentayan 6322
P94 – Hulu Selangor N07 – Batang Kali P94 – Hulu Selangor N06 – Kuala Kubu Baharu 5590
P141 – Sekijang N03 – Pemanis P140 – Segamat N02 – Jementah 2448
P58 – Bagan Serai N12 – Selinsing P58 – Bagan Serai N11 – Gunong Semanggol 2077
P107 – Subang N39 – Kota Damansara P108 – Shah Alam N40 – Kota Anggerik 1937

The locality corrections have caused the number of voters and borders of the DUN/Parliament constituencies to change. Such action is against the Federal Constitution because in effect, it is tantamount to a re-delineation exercise which requires the approval of Parliament.

Additionally, it has also caused confusion among voters on voting day because their polling station may have been changed. In the recent Kuala Kangsar by-election for example, BERSIH2.0 received several complaints from voters who were turned away from polling stations because they have been moved to the neighbouring constituency of Padang Rengas.

The shifting of voters also causes gross inconvenience to the affected citizens, people’s representatives, and local authorities when addressing local council issues.

BERSIH2.0 demands that the EC:

(1) Explain the specific reasons for the correction of each locality, in order for voters to assess and verify the changes;

(2) For voters who were moved across DUN and Parliament constituency, return them to their original constituencies, because such changes can only be done via a re-delineation exercise.

BERSIH2.0 urges voters to recheck their DUN and Parliament constituency at the following SPR website: http://daftarj.spr.gov.my/DAFTARJ/. If their voting DUN or Parliament has been changed, a report can be filed to BERSIH2.0 via the following website http://www.bersih.org/pindahpengundi or 03 7931 4444.

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