The Coalition for Clean and Fair Elections (BERSIH 2.0) today announces a new list of top ten offenders in the 14th General Election (GE14) Hall of Shame on Election Offences for the week of April 27 to May 4.
This new line-up of 10 inductees into the GE14 Hall of Shame – the last to be issued for the week preceding the polling day – are listed in no specific order and are selected from over 400 verified reports, spanning electoral offences and unfair practices on nomination day, the issuance of postal ballots and one week into the campaign period.
The 10 inductees are listed as below (Further details are listed in Appendix 1):
- (5-Star Award of Shame) Hashim Abdullah, Chairman of Election of Commission: For the failure to uphold the basic constitutional right of candidates to run in the election through arbitrary, unfair and unlawful disqualification of PKR candidate for Batu parliament constituency (Tian Chua) and prevention of PKR candidate for Rantau ADUN constituency (Dr. S. Strearam) from filing his nomination papers.
- Najib Razak of BN: On 26th April, the caretaker prime minister and Pekan candidate announced a special incentive of RM500 to all 60,000 DRB-Hicom staff, which would cost RM30 millions of taxpayers’ money, despite the fact that DRB-HICOM is not a government department but a government-linked company.
- Jamal Yunos of BN: For promising fishermen a reward of RM2,000 if they give their vote to BN and for giving out RM25,000 in a lucky draw to a voter in Sekinchan on 30th Even though Jamal tried to justify the payment as wage and not bribery, this is simply an attempt to whitewash and a clear offence under the Election Offences Act.
- Kedah State RELA Director, Ahmad Abdul Wahab: For speaking to a crowd of RELA officers in support of BN at a BN campaign event on 1st May, thereby showcasing biased behaviour of public officials.
- Community Development Department (KEMAS): For organising several campaign events for Barisan Nasional throughout the country despite being a government agency. This is a clear abuse and misuse of government machinery and assets.
- PAS and BN Polling Agents in Tapah: For violating the secrecy of votes (thereby breaching Section 5(6)(b) of the Election Offences Act) by listing down postal ballot paper serial numbers next to the name of the postal voter on 30th April 2018, which carries the punishment of imprisonment for a term of not exceeding one year or to a fine not exceeding three thousand ringgit or both.
- Malaysian Youth Council (MBM), and accredited electoral observer: For organising an event promoting BN politicians in Negeri Sembilan on 1st May which amounts to biased behaviour by electoral observers appointed by the Election Commission. MBM should be removed from the official election observer list of the EC.
- Ramlee Marhaban of BN: For using cash to win votes in Semporna, which he openly and unashamedly disclosed in an interview with The Star newspaper on 30th
- Chan Quin Er of BN: For treating of food to approximately 600 people from a local community which is estimated to cost RM30,000. The event was held in SJK Choong Wen in Seputeh parliament constituency, which is another case of abuse of government assets for election campaign by political party. Furthermore, the school is also one of the polling stations and it is an election offence to display campaign materials within a distance of 50 meters from the limits of any polling station during campaign period.
- BN’s Nationwide Treating Campaigns: Candidates under BN have been frequently observed to have employed treating strategies to win votes, such as ‘Isi Minyak Percuma’, ‘Cermin Mata Percuma’ and ‘Jualan Sentuhan Rakyat’ in a big scale nationwide.
Once again, the chairman of the Election Commission, Tan Sri Mohd Hashim bin Abdullah, earned a special 5-Star Award of Shame for the second time in a row for failing to address and rectify serious abuse of power by its officers on nomination day including the unfair disqualification of incumbent MP Tian Chua (PKR) and the unfair prevention of Dr S. Strearam (also from PKR) from filing his nomination papers. The police barred the latter entry on account of not possessing an entry pass issued by the Election Commission which resulted in the uncontested win for BN candidate Mohamad Hasan, who happens to be caretaker chief minister of Negeri Sembilan.
BERSIH 2.0 notes that despite having been featured on the GE14 Hall of Shame, the Election Commission and Barisan Nasional continue to disrespect, disregard and diminish the principles of clean, free and fair elections by ignoring the Election Offences Act 1954 and proceeding with the arbitrary use of power and influence to skew the elections in favour of Barisan Nasional.
The Election Commission and its 445 enforcement teams have failed to respond to the rampant treating, vote-buying, undue use of influence and biased behaviours of public institutions; and have instead focused on taking down banners which do not comply with their arbitrary new campaign material guidelines issued on 24th April.
BERSIH 2.0 condemns the lack of action of the Election Commission (EC) and the Malaysian Anti-Corruption Commission (MACC) to respond to the attempts by the ruling coalition, UMNO-led Barisan Nasional to steal GE14. The commissioners of both the EC and MACC must answer to the people and voters of Malaysia for their repeated failures to uphold the highest law in the country, the Federal Constitution.
BERSIH 2.0 strongly warns all political parties and candidates to immediately cease and halt all bad campaign strategies aimed at vote-buying and treating of voters as it is a criminal offence and may be cause to challenge an electoral win through an election petition. BERSIH 2.0 also warns all political parties and candidates against bribing and treating on election day as the campaign period officially ends at midnight, 8 May 2018.
BERSIH 2.0 also urges all political parties, candidates, civil organisations and voters to reject all forms of bribery and treating including the cash handouts and lucky draw prizes. We also urge all political parties and candidates vested in clean and fair elections to start preparing for election petition in anticipation of further attempts to diminish, skew and steal the elections.
An election petition must be submitted within 21 days from the date of the election results being gazetted. The grounds for an election petition are bribery, intimidation or other misconduct which may affect the outcome of the election, non-compliance with election laws and regulations, acts of corruption or illegal acts committed by a candidate or his agent or ineligibility of a candidate to participate in the election.
BERSIH 2.0 urges anyone who witnesses an election offence to report online 1) at aduan.pemantau.org, 2) through WhatsApp on 011-17721546 or 3) call 017-8725418 or 017-8725419.
It is the responsibility of all stakeholders to ensure that the GE14 is representative of the people’s choice for Malaysia and not the result of gerrymandering, corruption and arbitrary use of statutory powers. To view of map of electoral offences, please visit aduan.pemantau.org/map
KELUAR MENGUNDI, KALAHKAN PENCURI.
BERSIH 2.0 Steering Committee
|Najib Razak, BN candidate for Pekan||Announced all 60,000 DRB-Hicom Sdn. Bhd. workers nationwide will receive special incentive of RM500 each, which will be given out on April 30||Undue government hand out, breaching the convention of caretaker government.||26 April 2018|
|Jamal Yunos, UMNO Sungai Besar Division Chief||1. Jamal Yunos tells a gathering of fishermen that he will give them each RM2000 after election day if they vote for BN
2. Gave out RM25,000 in a lucky draw to a voter in a BN campaign event. The voter was asked if he would vote for BN while being given the money.
|Bribery and vote buying, breaching Section 10 of the Election Offences Act||30 April 2018|
|Hashim Abdullah, Chair of the Election Commission||On nomination day, PKR candidate for Batu was disqualified from contesting and PKR candidate for Rantau was prevented from filing his nomination papers.||Bias behaviour by the Election Commission, breaching Section 5(1)(a) of the Elections Act||28 April 2018|
|Ahmad Abdul Wahab, PRN Kedah, Rela||Spoke at a BN campaign event for RELA members||Bias behaviour by public officials, breaching Section 21(1) of the Public Officers (Conduct and Discipline) Regulations 1993||1 May 2018|
|Community Development Department (KEMAS)||Organising Barisan Nasional campaign events throughout the country||Use of government machinery and bias behaviour by public officials||Jerlun, Kedah (19 April)
Jerai, Kedah (21 April)
Stampin, Sarawak (2 May)
Lembah Pantai, Kuala Lumpur (11 April)
Jelutong, P. Pinang (15 April)
Machang, Kelantan (27 April)
|PAS and BN polling agents in Tapah||Recording down the ballot paper serial numbers next to the names of voters during the issuance of postal votes||Breaching the secrecy of postal votes, in contravention of Section 5(6)(b) of the Election Offences Act||30 April 2018|
|Majlis Belia Malaysia, Accredited Election Observer||Organised the “Moh Sihat Negaraku” with Khairy Jamaluddin in Rembau. The banners for the event were decorated with “#TeamTokMat” in support of the Negeri Sembilan Menteri Besar Mohamad Hasan.||Bias behaviour by election observers appointed by the Election Commission, breaching Section 5(1)(a) of the Elections Act||1 May 2018|
|Ramlee Marhaban, BN candidate for Semporna||In an interview with The Star, Ramlee confirmed he uses money to win votes and “carpet bombs” his constituency with money before polling day in order to win the election.||Bribery and vote buying, breaching Section 10 of the Election Offences Act||30 April 2018|
|Chan Quin Er, BN candidate for Seputeh||Her manifesto launch was held in a government school. Free food was given to approximately 600 people from local community groups at an estimated cost of RM30,000.||1. Use of a school for campaigning
2. Treating, in contravention of Section 8 of the Election Offences Act
3. Excessive spending, possibly contributing to exceeding the RM200,000 spending cap
|29 April 2018|
|Barisan Nasional’s Nationwide Treating Campaigns||Throughout the country, Barisan Nasional has the following systematic treating programs:
1. “Cermin Mata Percuma”, where anyone can take free reading glasses after presenting their Identity Card
2. “Isi Minyak Percuma”, where BN manifestos are handed out to motorcyclists and given free petrol.
3. Jualan Sentuhan Rakyat, a government program, but is now organised by the local BN branches and candidates. Basic groceries are sold at massively discounted prices.
|Treating, in contravention of Section 8 of the Election Offences Act||1. Cermin Mata Percuma
· Pulai, Johor (6 April)
· Tangga Batu, Melaka (7 April)
· Batu, Kuala Lumpur (7 April)
· Batu, Kuala Lumpur (8 April)
· Segamat, Johor (11 April)
· Ayer Itam, P Pinang (11 April)
· Hulu Selangor, Selangor (13 April)
· Kepala Batas, P. Pinang (13 April)
· Bayan Baru, P. Pinang (14 April)
· Kepala Batas, P. Pinang (21 April)
· Permatang Pauh, P. Pinang (22 April)
· Batu Kawan, P. Pinang (25 April)
· Padang Serai, Kedah (25 April)
· Balik Pulau, P. Pinang (29 April)
· Kuching, Sarawak (8 April)
· Jerlun, Kedah (21 April)
· Seputeh, Kuala Lumpur (30 April)
2. Isi Minyak Percuma
· Putrajaya (11 April)
· Keningau, Sabah (14 April)
· Lembah Pantai, Kuala Lumpur (13 April)
· Larut, Perak (19 April)
· Subang, Selangor (26 April)
· Hulu Selangor, Selangor (24 April)
3. Jualan Sentuhan Rakyat
· Batang Sadong (7 April)
· Bagan Datuk, Perak (8 April)
· Batang Lupar, Sarawak (8 April)
· Putrajaya (9 April)
· Kepala Batas, P. Pinang (21 April)
· Balik Pulau (28 April)
· Muar, Johor (22 April)