The Malaysian Insight

ELECTIONS can be held during a pandemic as other countries have done but it is necessary to incorporate new measures to protect public health, election watchdogs said.

They said the Election Commission (EC) could, for example, avoid congestion of voters by increasing the voting days and expanding the eligibility of postal and advanced voters.

Other new aspects that can be incorporated include implementing a change in campaign methods and allowing media access to all political parties, they added.

They were responding to calls made by the Perikatan Nasional (PN) government for an emergency declaration so that the Batu Sapi by-election in Sabah next month and the impending Sarawak state polls could be delayed.

The government had said that it feared holding elections during this Covid-19 pandemic as it could result in more people getting infected, pointing to the massive outbreak which arose following the Sabah elections in September.

Bersih 2.0 chairman Thomas Fann said Malaysia could learn from countries like New Zealand and the United States which had conducted elections during the Covid-19 pandemic.

“The voters were allowed to vote over a period of time instead of just one day as we do,” Fann said.

“This has the effect of spreading the crowd out over a few days.

“In the US, almost 100 million have voted even before election day, over two-thirds of the total for 2016.”

He added that safe elections were possible if the Election Commission (EC) expanded the eligibility of postal and advance voters.

Fann said the government and EC can implement these changes by amending the Elections (Registration of Electors) Regulations and the Elections (Postal Voting) Regulations.

“Postal voting can also be extended to all voters where they can safely post their ballots back to the returning officer or drop off their ballots into ballot boxes at designated polling stations over a period of time.”

Nur Qyira Yusri, a co-founder of Undi18 – a movement to lower the minimum voting age to 18, said there are more innovative ways than just enforcing laws to ensure physical distancing and contact tracing in political events and campaigns.

“Politicians seem to think that only through personal engagements that they are able to reach out to the constituency.

“The EC can work with the Communications and Multimedia Ministry to allow all politicians in the opposition and in the government airtime to debate on national television.

“This will ensure they have an equal chance of reaching out to the people either online or through mass media without risking physical campaigns.”

Fann also agreed with the change of campaign methods to minimise physical contact and providing a level-playing field for all parties to campaign.

“Apart from the use of social media, the government should provide fair media time on TV, radio and even ad space in printed and online media for all political parties contesting in the elections.”

Qyira said election offences could be curbed if the government gives the EC a more comprehensive role.

“Expand the powers of the EC to beyond observing and reporting, but to take action on election offences such as political financing, campaigning on election day, and breaking SOP (standard operating procedure).

“If candidates violate the new election SOP, they will lose their deposits or face disqualification.”

Currently, only the police can take action. The EC has no power to penalise any politicians or candidates that have broken election laws.

The electoral watchdog expressed concern that politicians might abuse a new law to stay in power indefinitely.

“In our view, it is unnecessary to have a new law to conduct elections or to postpone it.

“But if there is a clear and present danger to the health and safety of the people, this decision must be approved by at least two-thirds of the MPs in Parliament.

“Otherwise, it will just be a law that politicians will use to avoid electoral defeat.”

Earlier this week, the government raised and discussed a proposal during the parliamentary session to enact a specific act on election processes to curb the spread of Covid-19.

Prime Minister Muhyiddin Yassin meanwhile said he has asked relevant authorities to study the legal aspects of possibly postponing the Batu Sapi by-election in Sabah until after the Covid-19 pandemic is over.

The prime minister said he had asked the Election Commission (EC) and Attorney-General’s Chambers to look into this.

“This by-election is viewed as difficult to be held when the Covid-19 pandemic is still raging in Sabah now,” he said in his Facebook posting.

Previously, Muhyiddin had said that declaring a state of emergency in Batu Sapi, Sabah, and in Sarawak would be the only way to stop the coming elections there.

A by-election has been scheduled in Batu Sapi on December 5, and Sarawak state elections could be held any time before August next year.

During a special address on the Covid-19 situation in the country, he said he feared that elections in Sarawak might cause a fresh outbreak of Covid-19 cases there. – November 6, 2020.