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Fair Elections: From Level Playing Field to Seat-Vote Disproportionality

Fair Elections: From Level Playing Field to Seat-Vote Disproportionality. Wong Chin Huat PhD Candidate, University of Essex "FREE, FAIR AND TRANSPARENT ELECTIONS - THE WAY FORWARD". A Transparency International Workshop January 24, 2008 Wisma Pantai, KL. Free and Fair Elections.

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Fair Elections: From Level Playing Field to Seat-Vote Disproportionality

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  1. Fair Elections:From Level Playing Field to Seat-Vote Disproportionality Wong Chin Huat PhD Candidate, University of Essex "FREE, FAIR AND TRANSPARENT ELECTIONS - THE WAY FORWARD".A Transparency International WorkshopJanuary 24, 2008 Wisma Pantai, KL

  2. Free and Fair Elections Free and Fair Elections: • Polling • Level Playing Fields • Campaign freedom • Campaign Finance • Administrative Neutrality • Media Freedom • Electoral System • Seat-vote Proportionality • Functional Representation • Electoral Administration

  3. Campaign Freedom • Malay(si)ans had the longest campaign period under the British (1955) and the shortest under PM Abdullah Badawi (2004).

  4. Campaign Freedom • Freedom of Expression • Censorship (ISA, Sedition Act, PPPA, Election Offences Act – Section 4A) • Denial of Freedom of Information (OSA) • Freedom of Peaceful Assembly • Selective issuance of police permit (Police Act) • Lack of access to public premises • Freedom of Association • Denial of party registration (Societies Act) • Prohibition of political activities (UUCA)

  5. Campaign Finance • Election Offences Act • Section 8 Treating • Section 10 Bribery • Section 15 Payment of Expenses Through Election Agent • Section 15A Prohibition of Certain Expenses • On electioneering and advertisements except by candidate and agents • Section 19 Maximum Expenses • RM 200,000 for Parliamentary contest • RM 100,000 for state contest • Section 21 Restriction on Employment • Only election agent, polling agents, clerk and messengers are allowed

  6. Campaign Finance • Estimate of Actual expenses (1980s) • RM 2 Million for Parliamentary Expenses • RM 1 Million for State Expenses • What’s wrong with the law? • Ineffective monitoring of ‘contribution’ in labour and in kind; • Taking candidates and not parties as accounting unit; • EC’s passive acceptance of election expenses returns

  7. Campaign Finance Effective governance of campaign finance? • Two Principles • Transparency • Limitation on influence-buying by interest groups

  8. Campaign Finance • Five Recommendations: • Remove the ineffective expense caps • Demand highest transparency on all contributions and expenses • Monitoring of influence-buying made possible • Monitoring of GLC’s expenses in elections • Set contribution caps • Taking both parties and candidates as accounting unit • State financing

  9. Administrative Neutrality Corruption = Abuse of Public Office for Private Gain Are these not corruptions? • Caretaker Government Announce Development Projects to Fish for Votes in General Elections; • National/State Governments Announce Development Projects to Fish for Votes in By-Elections; • Denial of development funds for opposition-held constituencies; • Use of government planes, vehicles and other facilities for campaigning purposes; • Selective investigation, arrest and prosecution to intimidate opponent supporters; • Harassment of and political witch hunt after opponent supporters

  10. Administrative Neutrality Administrative Neutrality Act • Caretaker Government’ Conduct in General Elections; • Prohibition of Electoral Targeting Expenditure in By-Elections; • Restriction on the use of and access to state apparatus and resources; • Prevention of partisan interpretation and enforcement of laws and executive power (including political witch hunts).

  11. Electoral System • Malapportionment

  12. Electoral System Combined Effect of Malapportionment, Gerrymandering and Distribution of Partisanship

  13. Electoral System • Insensitivity: Big Swing May Have Little Effect

  14. Electoral System Descriptive Representation in Dewan Rakyat: • Women: 22 (10%) • Ethnic Minorities: • Indian: 9 (4.11%) • West Malaysian Orang Asli: 0 (0.00%) • Public Interest Groups • Trade Unionists: 0 (0.00%) • Environmentalist: 0 (0.00%)

  15. Electoral System • Proposed Principles: • Proportionality • Sensitivity to change • Invulnerability to Electoral Manipulations • A Balance of Geographical and Descriptive Representation

  16. Electoral System Mixed Member Proportional (Germany, New Zealand) • Votes: 1 for Constituency; 1 for Party List • MPs: 50% from Constituencies; 50% from Party List • Allocation: • Party Votes determine the total seats of parties; • Party List Seats = Total Seats – Constituency Seats • Advantages: • Reflecting political pluralism (proportionality) • No proliferation of parties, if necessary with threshold (political stability) • Not vulnerable to electoral manipulations like malapportionment, gerrymandering, phantom voters, transfer of voters, etc. (probity) • Inclusion of women, minorities and NGOs representatives (representation)

  17. Electoral System

  18. Electoral System

  19. Electoral System Hypothetical Replay of 2004 Elections Under MMP (Threshold = 5%)

  20. Conclusion • Level Playing Field • Campaign Freedom • Campaign Finance • Administrative Neutrality • Electoral System Thank you

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