EC: Elections (Conduct of Elections), Regulations 1981

Nomination papers

4. (1) Any person eligible for election as a member of the Dewan Rakyat, or of the Legislative Assembly of a State, in accordance with the Constitution of Malaysia, or the Constitution of a State, as the case may be, may be nominated as a candidate for election.

(2) The nomination of any other person shall be void.

(3) Candidates shall be nominated by means of nomination papers which shall be as set out in Form 4 or 4A, as the case may be, in the First Schedule. Such nomination papers shall be submitted in triplicate.

(4) Each namination paper shall be completely and correctly filled in the national language and shall state -

(a) the name of the constituency in which the candidate seeks election;

(b) in the case of election to a State Legislative Assembly, the name of the State concerned;

(c) the full name, other names, if any, identity card number, occupation, if any, and residential address of the candidate, and the candidate's correspondence address to which documents relating to the election may be sent;

(d) the name and identity card number of the proposer and seconder, whose names must appear in the electoral rolls for the time being in force for the constituency for which the candidate seeks election; and

(e) the name, identity card number and address of the witness in the presence of whom the candidate affixes his signature.

(5) Each namination paper shall also bear the signature of the candidate and all the persons mentioned in paragraphs (4)(d) and (e).

(6) Failure to comply with subregulation (3), (4) or (5) shall render the nomination paper liable to be rejected by the returning officer.

(6A) Notwithstanding subregulation (6), a nomination paper shall no be rejected on account of -

(a) any error or omission in the nomination paper in relation to the description of, or any particulars in respect of -

(i) the candidate; or

(ii) his proposer or seconder,
if the particular contained in the nomination paper are sufficient to identity the candidate or his proposer or seconder, as the case may be;

(b) any omission instating the candidate's name or names to be printed on the ballot paper;

(c) any error or omission with regard to ay place specified in the nomination paper, if such place is otherwise sufficiently identifiable from the particulars given in the nomination paper;

(d) any error or omission which is capable of being corrected and is corrected upon being brought to the attention of the person presenting the nomination paper; or

(e) any clerical or printing error is not of any material significance or does not affect -

(i) the identification of the candidate, his proposer or seconder; or

(ii) the identification of the constituency in respect of which the nomination paper is delivered.

(6B) Where in a nomination paper there is an omission in stating the candidate's name or names which is or are to be printed on the ballot paper, then the name to be printed in the ballot paper shall be the full name of the candidate as stated in accordande with paragraph (4)(c).

(7) Every candidate shall at the time of his nomination and in the manner described in subregulation 6(2), deliver to the returning officer the original copy of a statutory declaration of his qualifications made and subscribed by him as set out in Form 5 or 5A, as the case may be, in the First Schedule and a deposit or deposit receipt as in subregulation 5(1).

(8) The returning officer or the State Election Officer shall, at any reasonable time between the date of the notice of election referred to in regulation 3 and before ten o'clock in the forenoon on the day of nomination, supply a set of nomination papers and statutory declaration to any person or political party applying for the papers, each set consisting of three copies of Form 5 or 5A, as the case may require, on payment to the returning officer or the State Elections Officer of a fee of twenty ringgit for a set of the papers.

Deposit by candidate

5. (1) A candidate, or some person on his behalf, shall deposit or cause to be deposited with the returning officer or the State Elections Officer between the date of the notice of election referred to in regulation 3 and ten o'clock in the forenoon on the day of nomination, the sum of ten thousand ringgit in legal tender in the case of an election to the Dewan Rakyat or the sum of five thousand ringgit in legal tender in the case of an election to a State Legislative Assembly.

(2) On receipt of legal tender from a candidate, the returning officer or the State Elections Officer shall proceed in accordance with the current Government financial regulations and the sum do paid by the candidate shall be dealt with in accordance with these regulations.

(3) If -

(a) a candidate is not shown as standing nominated in the notice of contested election referred to in subregulation 11(5);

(b) a candidate withdraws his candidature under subregulation 9(1) after a deposit was made under subregulation (1); or

(c) a candidate dies after a deposit was made under subregulation (1) and before the poll is commenced,

the deposit shall be returned as soon as practicable by the State Elections Officer -

(aa) in the cases referred to in paragraphs (a) and (b), to the candidate or person by whom the deposit was made after the publication of the name of the member elected pursuant to regulation 10 or the publication of the notice of the contested election pursuant to regulation 11, as the case may be; or

(bb) in the case referred to in paragraphs (c), to the deceased candidate's legal personal representative if the deposit was made by the candidate or, if not made by the candidate, to the person by whom the deposit was made.

(4) (Deleted by P.U.(A) 67/2004).

(5) Other than in the cases referred to in subregulation (3), a deposit made under subregulation (1) shall be returned by the State Elections Officer -

(a) to the candidate or person by whom the deposit was made; or

(b) if the candidate has died, to his legal personal representative if the deposit was made by the candidate or, if not made by the candidate, to the person by whom the deposit was made,

as soon as practicable after the result of the election has been declared.

(6) (Deleted by P.U.(A) 67/2004).

(7) The deposit shall be forfeited if a poll is taken and, after the official addition of the votes by the returning officer, the candidate is found not to have polled more than one-eighth of the total number of votes polled by all the candidates in the constituency.

(8) For the purposes of this regulation of the number of votes polled shall be deemed to be the number of votes counted other than rejected votes.

Proceedings on nomination day

6. (1) The returning officer shall on the day of nomination attend at the place of nomination from nine o'clock in the forenoon until the completion of the proceedings mentioned in regulation 10 or subregulation 11(2), as the case may be.

(2) The nomination papers in triplicate must be delivered to the returning officer -

(a) at the place of nomination; and

(b) between the hours of nine o'clock and ten o'clock in the forenoon on the day of nomination,

by the candidate and his proposer and seconder or by any two or any one of them.

(2A) The returning officer shall not accept the nomination papers of any candidate -

(a) which are not delivered within the period specified in paragraph (2)(b);

(b) which are not delivered to him by any of the persons specified in subregulation (2);

(c) which are not accompanied by the original copy of the statutary declaration as required under subregulation 4(7); or

(d) which are not accompanied by the deposit or the receipt issued in respect of the deposit made as required under subregulation 5(1).

(3) After the nomination papers have been delivered as in subregulation (2), the candidate, his proposer or seconder may be allowed to make corrections on the nomination papers in the presence of the returning officer before ten o'clock in the forenoon.

(4) The returning officer shall forthwith after ten o'clock in the forenoon cause a copy of every nomination paper so delivered to be posted in a conspicuous position outside the place of nomination.

(5) The returning officer shall permit the candidate and their proposers and seconders and one other person, if any, appointed by each candidate in writing to be present on the day and at the place of nomination between ten o'clock and eleven o'clock in the forenoon and there and then to examine the nomination papers of candidates which have been received for that constituency.

Making of limits of and keeping order at place of nomination

6A. (1) It shall be the duty of the returning officer, subject to the general directions of the Election Commission, to mark the limits of any place of nomination he is attending to and no person other than the candidates and their proposers and seconders and one other person, if any, appointed by each candidate, shall be allowed at the place of nomination for the purpose of subregulations 6(2) and (3).

(2) The returning officer shall be responsible for keeping order at the place of nomination.

(3) If a person misconducts himself at a place of nomination or fails to obey the lawful order to the returning officer, he may immediately by order of the returning officer be removed from that place by a police officer on duty outside or near the place of nomination or by any other person authorized in writing by the returning officer to remove him, and the person so removed shall not, without the permission of the returning officer, again enter the place of nomination until the completion of the nomination proceedings.

(4) Failure to obey the lawful orders of the returning officer shall be ab offence punished by a fine not exceeding three thousand ringgit.

Objection to nomination papers

7. (1) Objection may be made to a nomination paper by any person whose name appears in the electoral rolls for the constituency and by any candidate for the constituency on all or any of the following grounds but on no other ground, namely -

(a) that the particulars of the candidates are insufficient to identify the candidates;

(b) that the nomination paper does not comply with or was not delivered in accordance with these Regulations :

Provided that no objection shall be made under this paragraph in respect of any matter which, by virtue of subregulation 4(6A), does not render a nomination paper liable to be rejected;

(c) that it is apparent from the contents of the nomination paper that the candidate is not capable of being elected as a member of the Dewan Rakyat or a State Legislative Assembly;

(d) that the candidate is disqualified from being a member under the Constitution of Malaysia in the case of an election to the Dewan Rakyat or of the Constitution of the State concerned in the case of an election to a State Legislative Assembly.

(2) No objection to a nomination paper shall be allowed unless it is made to the returning officer between ten o'clock and eleven o'clock in the forenoon on the day of nomination.

(3) Every objection shall be in writting signed by the objector and shall specify the grounds of objection. The returning officer may himself lodge an objection on any of the grounds set out in subregulation (1).

(4) The returning officer shall with the least possible delay after eleven o'clock in the forenoon on the day of nomination decide on the validity of every objection and inform the candidate concerned or his proposer or seconder named in the nomination paper provided for in subregulation 4(3) or the objector mentioned in subregulation (1) of his decision and the grounds thereof. Such decision and the grounds thereof shall be kept on record.

(5) The decision of the returning officer shall be final and conclusive for the purpose of the election in respect of which the proceedings are being held, and shall not be called in question in any court:

Provided that any person aggrieved by the decision of the returning officer may present an election petition in respect thereof on the grounds set out in paragraph 32(b) of the Election Offences Act 1954, and the provisions of the said Act shall take effect accordingly.

Persons entitled to be present at nomination

8. No person other than the returning officer, a member or officer of the Election Commission, and the persons mentioned in subregulation 6(5), shall, except at the request of and for the purpose of assisting the returning officer, be entitled to be present at the proceedings specified in regulations 6 and 7:

Provided that the one other person mentioned in subregulation 6(5) shall not be permitted to attend the proceedings mentioned in subregulation 6(2).

Withdrawal of candidature

9. (1) A candidate may, before ten o'clock in the forenoon in the day of nomination, but not afterwards, withdraw his candidature by giving in person a notice to that effect in Form 6 or 6A, as the case may be, in the First Schedule to the returning officer. The form shall be sugned by the candidate and attested to by a witness.

(2) In the event of a candidate withdrawing his candidature after the time specified in subregulation (1), the provisions of subregulations 11(7), (8), (9) and (10) shall apply.