ELECTIONS ACT 1958

ELECTIONS (CONDUCT OF ELECTIONS)
REGULATIONS 1981

IN exercise of the powers conferred by section 16 of the Elections Act 1958[Act 19], the Election Commission with the approval of the Yang di-Pertuan Agong, makes the following regulations:

Citation

1. These regulations may be cited as the Elections (Conduct of Elections) Regulations 1981.

Interpretation

2. In these Regulations, unless the context otherwise requires-

"appointed place" means the place appointed under section 7 of the Elections Act 1958 for the establishment of polling station or polling stations;

"by-election" means an election held for the purpose of filling a vacancy among the members of the Dewan Rakyat or a State Legislative Assembly arising otherwise than upon a dissolution thereof;

"counting agent" means a counting agent appointed under section 14 of the Election Offences Act 1954 [Act 5];

"election agent" has the same meaning as in the Election Offences Act 1954;

"Election (Postal Voting) Regulations" means the Elections (Postal Voting) Regulations 2003 [P.U.(A)185/2003]*;

"general elections" means the first general election of members of the Dewan Rakyat or of a State Legislative Assembly or a general election of members after a dissolution thereof;

"polling agent" means a polling agent appointed under section 14 of the Election Offences Act 1954;

"postal ballot paper" and "postal voter" have the same meanings as in the Elections (Postal Voting) Regulations;

"rejected ballot paper" has the meaning assigned to it by subregulation 25(7);

"returning officer" means an officer appointed under section 3 of the Elections Act 1958 and includes an assistant returning officer;

"sign" includes the making of a mark or the affixing of a thumb-print;

"spoilt ballot paper" has the meaning assigned to it by regulation 21;

Writ and notice election

3. (1) On the issue of a writ in accordance with the provisions of section 12 of the Elections Act 1958, the Election Commission shall publish a notice thereof in the Gazette and such notice shall specify the date on which candidates for election are to be nominated, which in these Regulations is referred to as the "day of nomination", not being less than four days after the date of the publication of such notice, and the date or dates on which the poll will be taken in the event of a contest (referred to in these Regulations as the "polling day"), not being less than seven days after the day of nomination.

(2) Every writ shall be as set out in Form 1 and every notice to hold an election or a by-election in Form 2 or 2A respectively in the First Schedule.

(3) The returning officer shall give further notice of the issue of such writ and of the time and place of the nomination of candidates in the constituency bv causing notices as set out in Form 3 in the First Schedule to be published in any such places in the constituency as he may deem necessary.

(4) If at any time after the Election Commission has issued a writ in accordance with paragraph (1) for the holding of a general election or a by-election, owing to any cause whatsoever no nomination of candidates for the election can take place or has taken place on the day of nomination in pursuance of such writ, the returning officer shall forthwith inform the Secretary to the Election Commission of such fact by endorsing the reverse of the writ and returning it to the Secretary to the Election Commission. The Election Commission on being satisfied of such fact shall return the writ to the returning officer specifying a fresh day of nomination and a fresh polling day, and shall, consequently, publish a fresh notice of the election under paragraph (1) stating therein that the previous notice of the election has been countermanded, and the provisions of this regulation shall apply to the writ so returned and to the said fresh notice in the same manner that they apply to an original writ and an original notice to hold an election under paragraph (1).

(5) If at any time after an election is commenced it is shown to the satisfaction of the Election Commission that in any polling station, owing to any cause whatsoever the poll cannot be taken or has been taken but cannot be completed on the date determined under regulation 11 (5), the Election Commission shall, by notice published in the local area for which the polling station is designated, suspend the poll and appoint a fresh date for the poll to be taken or to be completed in such manner as may be directed by the Election Commission.