MGG Pillai Commentary View

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How postal voting ensures an unfair election system

WHEN THE ELECTION COMMISSION CHAIRMAN, Tan Sri Abdul Rashid Abdul Rahman, came public on how a general election should be conducted, he balanced himself between the National Front (BN) and the Opposition so that opprobrium from one could be offset by the other's support. He called for public rallies, banned since the May 1969 riots on the spurious ground that it would worsen public security, which the Opposition welcomed and BN did not. It is now left to the police if it would be allowed. Whether it would is not important. But the principle is now accepted, even by BN. If it is now not allowed, there would be hell to pay on international forums. But the ban on public rallies is only one of a long list of official measures to make it all but impossible for the Opposition to challenge the government.

The Opposition railed against the electoral diabilities but it is always ignored. The BN's creative reasoning worked at one time because UMNO with solid Malay support behind it wanted the restrictions. It worked at one time. Not now. The Malay ground is not solidly behind UMNO now. While UMNO and the Malay would at one time happily restricted the voting rights of citizens if it ensured BN's hold on power, this is now challenged. The Malay is estranged from UMNO, with many on the sidelines and prepared to vote for UMNO only if it weans them over. They object when the rules are shortchanged so UMNO would benefit. This Malay view is so widespread that even the EC chairman must, for his own reputation and job security, show he at least pays lip service to his constitutional responsiilities. By so doing, he allows the EC to be examined for its shortcomings.

BN and UMNO believes the country has remained static since it came into office in 1955, that the people must accept BN's and UMNO's right to govern, thnat they should not upset the government but be thankful and grateful for their governance. But nothing remains static for long. The children and grandchildren of independence would support the government only if their problems are attended to. These Malaysians are not bothered about how independence was achieved, how the perfidious British did not regard Malaysia as an equal until it was forced to give up power and other political myths, but the more practical ones of jobs and the freedom to criticise. And the stability of its institutions. They are better educated, and understand the role of governance and politics in theory and practice, and want the level playing field BN is not prepared to allow. They understand the reform must first start with the EC. The Opposition must have equal chance to be returned to power. BN and UMNO cannot deny them that if they want to continue in power.

This major split in the Malay community enabled PAS to wrest control of Kelantan and Trengganu. That would have been difficult if the UMNO president, Dato' Seri Mahathir Mohamed, had not lost his cool in 1998 and expelled his deputy president, Dato' Seri Anwar Ibrahim, and had him dismissed as deputy prime minister, not only without cause but against equity and Malay cultural mores of a feudal leader not ever humiliating a deputy. So long as UMNO cannot repair that damage - more correctly, it does not want to - the Malay ground was not with it wholeheartedly. What this means in practice is that the most vociferous call for change and reform comes not the Chinese or Indian communities, although they do, but the Malay is forced to choose between a pseudo-Islamic and an Islamic party when it would rather have a Malay party which lays stress on Malay culture. This is at the heart of Tan Sri Rashid's opening salvos. The Chinese and Indian, on the other hand, is prepared to align themselves with any Malay party that would at least address some, if not most, of their concerns.

Why should the time between dissolving parliament and state assemblies be the shortest time possible - as short as one month - when it is all but impossible for political parties to print their election posters and to campaign. The EC, at the BN's insistence, insists upon it, claiming i would save money and reduce the administrative disruption of an election. When this is combined with an official media onslaught to favour BN, the Opposition has no chance to explain its policies. Especially when it is disallowed access to the official and mainstream media to explain its policies. The election rules are framed to disadvantage the Opposition. And heavy financial fees are levied, on top of the rising nomination fees, that burdens a political party even before it starts its campaign.

Tan Sri Rashid must now address another practice calculated to favour BN: postal voting. Once it was limited to those civil servants, policemen and armed forces servicemen required to be away from their base on polling day. In theory, they voted for the candidate in their constituency of residence. Sometimes, the government builds police and military barracks in constituencies in danger of defeat, but even there postal vorting is how they vote. This rule has been amended so many times to widen this list that today it includes all policemen and armed forces servicemen. The cabinet meeting which decided on this was so heated over whether all school teachers should also be included because some were on duty at polling booths.

Today, the postal voters are often not for particular constituencies but for the known political parties. And with the EC's help distributed to UMNO and BN politicians in danger of defeat. In other words, the postal voter often does not often know for which candidate he votes for. Usually a senior officer asks his men how many wanted to vote for the Opposition, and ballots are given to those who raise their hands. All others have their votes cast for them by their officers. When an officer allows free choice, as in Jeli in 1999, they voted against the BN candidate, Dato' Seri Mustapha Mohamed, the then second deputy prime minister, and he lost. When about 2,400 postal votes were rushed to save the defence minister, Dato' Seri Najib Tun Razak, from certain defeat in Pekan, he squeaked in with less than a 250-vote majority. The worm turns, even in the uniformed services.

Then the votes are carried in canvass bags by despatch riders, with no guarantee that they would not be changed en route or lost. No record is kept of its movements that can be independently verified by the EC or checked by the Opposition. A reform here is essential. Postal voting should be restricted to those who cannot unavoidably vote, not for all in the armed forces or the police. It should be limited only to those who are on official duty on polling day. It should be counted, and the result announced, ahead of the general counting of ballots. Those in uniform should vote where their home is at the normal polling stations not by postal vote. That way it would at least bring some conformity to internationally accepted electoral rules. When this is combined with bullet-proof plastic ballot boxes into which only one ballot paper at a time can be inserted, it would go a long way to ensure the fairness the Opposition has been denied for so long. And this even before other electoral inequities are addressed.

M.G.G. Pillai
pillai@mgg.pc.my