PART IV

ELECTION AGENT, ELECTION EXPENSES AND
ILLEGAL PRACTICES

12.(1) On or before the day of nomination at an election, a person shall be named in writing by or on behalf of each candidate as his agent for such election.

(2) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to this Act, both as a candidate and as an election agent, and any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.

(3) On or before the day of nomination, the name and address of the election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the returning officer, and the returning officer shall forthwith, by affixing a notice in a conspicuous place outside his office, give public notification of the name and address of every election agent so declared.

(4) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked and in the event of such revocation or of his death, whether such event is before, during or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the returning officer, who shall forthwith give public notice of the same in the manner aforesaid.

(5) If no person's name and address has been declared as required by subsection (3), the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.

(5A) Until the name and address of another election agent has been declared as required by subsection (4), the candidate shall be deemed, as from the time of the revocation of appointment or death of the election agent concerned, to have appointed himself as election agent.

(6) Every election agent shall have, within the constituency in which he is an election agent, an office to which all claims, notices, writs, summonses and documents may be sent and the address of such office shall be declared at the same time as the appointment of the agent to the returning officer, and shall be stated in the public notification under subsection (3) with the name of the election agent and his address.

(6A) Where a candidate is deemed under subsection (5) or (5A) to be his own election agent, his correspondence address, as stated in his nomination paper, shall be deemed for the purposes of subsection (6) to be the address of his office as election agent.

Disqualification for appointment as election agent, etc.

13.(1) Subject to subsection 12 (2), a person is disqualified for being appointed as an election agent, polling agent or counting agent if-

(a) he is not a citizen;

(b) he is less than twenty-one years of age;

(c) he has, within the period of five years immediately preceding the day of nomination at the election, been convicted of any offence, involving violence or dishonesty by a court of law in any part of Malaysia and has not received a free pardon;

(d) he has, within the period of five years immediately preceding the day of nomination at the election, been convicted of or been released from prison after serving a sentence of imprisonment for any offence under this Act;

(e) he is a person whose name is registered under the Prevention of Crime Act 1959[Act 297];

(f) he has, within the period of five years immediately preceding the day of nomination at the election, been convicted of an offence under subsection 52 (3) of the Societies Act 1966 [Act 335], or the corresponding provision of any other law relating to societies in force, in the case of an election in Sabah and Sarawak, in any Part of Malaysia, and in the case of an election in Peninsular Malaysia, in any part of Malaysia or the Republic of Singapore;

(g) he is a person in respect of whom an order has been made under subsection 66 (4) of the Societies Act 1966, or the corresponding provision of any other law relating to societies in force, in the case of an election in Sabah and Sarawak, in any part of Malaysia, and in the case of an election in Peninsular Malaysia, in any part of Malaysia or the Republic of Singapore; or

(h) he is an undischarged bankrupt.

(1A) In paragraphs (1)(c), (f) and (g), part of Malaysia" means any place which is, or which at the date of the conviction or order therein mentioned was, a part of Malaysia.

(2) No officer, clerk, interpreter or other person having any duty to perform pursuant to any written law relating to any election shall be appointed as an election agent or act as an agent of a candidate in the conduct or management of any election.

Making of appointments and contracts through election agent

14. (1) The election agent of a candidate shall at an election -

(a) appoint every polling agent, counting agent, clerk and messenger employed, whether for payment or not, on behalf of the candidate;

(b) hire every committee-room hired on behalf of the candidate;

(c) inform the presiding officer at each polling station in writing of the name and address of -

(i) the polling agent or agents appointed to act at that station; and

(ii) the counting agent or agents appointed to attend the counting of votes at that station; and

(d) inform the returning officer of the constituency or electoral ward concerned in writing of the name and address of the counting agent or agents appointed to attend the counting of the votes of postal voters and the official addition of votes.

(1A) Every polling agent or counting agent of a candidate appointed under subsection(1) shall act or be present at the polling station for at least two hours and his replacement shall only be admitted to that polling station on the expiration of the two-hour period.

(2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election, unless made by the candidate himself or by his election agent:

Provided that inability under this section to enforce such contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice committed by his agent.

Payment of expenses through election agent

15.(1) Except as permitted by or in pursuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the conduct or management of such election otherwise than by or through the election agent of the candidate; and all money provided by any person, other than the candidate, for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise:

Provided that this subsection shall not be deemed to apply to any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not repaid to him.

(2) A person who makes any payment, advance, or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid shall be guilty of an illegal practice.

Prohibition of certain expenses during campaign period

15A.(1) No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred during the campaign period, by any person other than the candidate, his election agent and persons authorized in writing by the election agent on account-

(a) of holding, convening or organizing any open public meeting, open public rally, open public display; or open public entertainment or giving open public address or lecture;

(b) of printing or issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate:

Provided that this paragraph shall not-

(i) restrict publication in a newspaper or other periodical of any matter relating to the election;

(ii) apply to expenses incurred by any person in travelling or in living away from home, or to similiar personal expenses.

(2) Where a person incurs any expenses required to be authorized by an election agent under subsection (1), he shall within fourteen days after the date of publication of the result of the election in the Gazette send to the election agent a return, accompanied by a declaration made by him (or in the case of an association or body of persons, a director, general manager, secretary or other similar officer thereof) verifying the return and giving particulars of the matters for which the expenses were incurred:

Provided that this subsection shall not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.

(3) The expenses shown in the return referred to in subsection (2) shall be included in the return made by the election agent in accordance with section 23 (1), and the authority received from the election agent shall be annexed to and deemed to form part of such return.

(4) Any person who incurs any expenses in contravention of this section, or who makes any declaration required by subsection (2) which is false and which he either knows or believes to be false or does not believe to be true, shall be guilty of an illegal practice.

Period for sending in claims and making payments for election expenses

16. (1) Every payment made by an election agent in respect of any expenses incurred on account of or in respect of the conduct and management of an election shall, except where less than ten ringgit or where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt.

(2) Every claim againts a candiadate at an election or his election agent in respect of any expenses incurred on account of or in respect of the conduct or management of such election, which is not sent in to the election agent within the time limited by this Act, shall be barred and shall not be paid; and subject to such exception as may be allowed in pursuance of this Act, an election agent who pays a claim in contravention of this section shall be guilty of an illegal practice.

(3) Except as by this Act permitted, the time limited by this Act for sending in claims shall be fourteen days after the date of publication of the result of the election in the Gazette.

(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of such election, shall be paid within the time limited by this Act; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a payment in contravention of this provision shall be guilty of an illegal practice.

(5) Except as by this Act permitted, the time limited by this Act for the payment of such expenses as aforesaid shall be twenty-eight days after the date of publication of the result of the election in the Gazette.

(6) Where it has been proved to the satisfaction of the Election Judge by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of such candidate, the election of such candidate shall not be void, nor shall he be subject to any incapacity under this Act by reason only of such payment having been made in contravention of this section.

(7) If the election agent in the case of any claim sent in to him within the time limited by this Act, disputes it, or refuses or fails to pay it within the said period of dtwenty-eight days, such claim shall be deemed to be a disputed claim.

(8) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent.

(9) On cause shown to the satisfaction of a Judge of the High Court, such Judge on application by the claimant or by the candidate or his election agent may, by order, give leave for the payment by a candidate or his election agent of a disputed claim or of a claim for any such expenses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or although the same was sent in to the candidate and not to the election agent.

(10) Any sum specified in the order of leave may be paid by the candidate or his election agent; and when paid in pursuance of such leave shall be deemed to be paid within the time limited by this Act.

Remuneration of election agent

17.So far as circumstances admit, this Act shall apply to a claim for his remuneration by an election agent and the payment thereof in like manner as if he were any other creditor, and if any difference arises respecting the amount of such claim, the claim shall be a disputed claim within the meaning of this Act, and be dealt with accordingly.

18.(Deleted by Act A5).

Expenses in excess of maximum to be illegal practice

19.(1) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or by his election agent, after the date of publication of the notice of the election in the Gazette, during or after an election, on account of or in respect of the conduct or management of such election, in excess of-

(a) two hundred thousand ringgit in the case of an election to the Dewan Rakyat;

(b) one hundred thousand ringgit in the case of an election to a Legislative Assembly;

(c) ten thousand ringgit in the case of an election to a local authority other than a local council;

(d) three thousand ringgit in the case of an election to a local council:

Provided that paragraphs (c) and (d) shall have no application in Sabah and Sarawak.

(2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

Certain expenditure to be illegal practice

20.(1) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made-

(a) on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles, vessels or animals of transport of any kind whatsoever, or for railway fares, or otherwise; or

(b) to or with an elector or voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill or notice.

(2) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this section, shall also be guilty of an illegal practice.

(3) A person shall not let, lend, or employ for the purpose of conveyance of electors or voters to and from the poll any vehicle, vessel or animal of transport of any kind whatsoever which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such vehicle, vessel or animal of transport knowing that it is intended to be used for the conveyance of electors or voters to and from the poll he shall be guilty of an illegal practice.

(4) A person shall not hire, borrow, or use for the purpose of conveyance of electors or voters to and from the poll any vehicle, vessel or animal of transport of any kind whatsoever which he knows the owner thereof is prohibited by subsection (3) to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal practice.

(5) Nothing in subsection (3) or (4) shall prevent a vehicle, vessel or animal of transport of any kind being let to, or hired, employed, or used by an elector or voter or several electors or voters at their joint cost for the purpose of being conveyed to or from the poll.

(6) Notwithstanding anything in the preceding provisions of this section-

(a) where it is the ordinary business of an elector or voter as an advertising agent to exhibit for payment, bills and advertisements, a payment to or contract with such elector or voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section;

(b) where electors or voters are unable at an election to reach their polling stations from their place or residence without crossing the sea or a branch or arm thereof or a river, means may be provided for conveying such electors or voters to their polling stations, or to enable them to cross the river in order to reach their polling stations, and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act:

Provided always that such means of conveyance shall be made available equally to all such electors or voters who wish to avail themselves thereof.

Certain employment to be illegal

21.(1) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purpose or in the capacities following:

(a)one election agent and no more;

(b)not more than one polling agent at any one time for each polling area or polling district:

Provided that where more than one polling station is provided in any polling area or polling district, an additional polling agent may be employed in respect of each polling station; and

(c) a reasonable number of clerks and messengers having regard to the area of the constituency or electoral ward and the number of electors on the register or list of electors for such constituency or electoral ward.

(2) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of an illegal practice.

Saving for creditors

22.The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of expenses in excess of a certain maximum, shall not affect the right of any creditor, who when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act.

Exemption from stamp duty

22A. Any instrument made on oath or affirmation pursuant to section 5 or 23 in any form specified in the First Schedule shall be exempt from payment of stamp duty under any written law for the time being in force relating to stamp duties.

Return and declaration respecting election expenses

23.(1) Within thirty-one days after the date of publication of the result of an election in the Gazette every candidate at that election or his election agent shall deposit with the State Elections Officer a true return, in this Act referred to as the "return respecting election expenses," in the Form B in the First Schedule, containing detailed statements as respects that candidate of-

(a)(Deleted by Act A5);

(b)(Deleted by Act A5);

(c) the disputed claims so far as the candidate or his election agent is aware;

(d) all unpaid claims, if any, of which the candidate or his election agent is aware in respect of which application has been made or is about to be made to an Election Judge or Judge of the High Court;

(e) all money, securities and other valuable consideration received by or promised to the candidate or his election agent from or by any other candidate or person for the purpose of expenses incurred or to be incurred on account or in respect of the management of the election, naming every person from whom the sum may have been received or by whom such sum may have been promised, showing as to each sum whether it was received as contribution, loan, deposit or otherwise;

(f) the amount of expenses, if any, incurred by any person authorized by the candidate or his election agent under section 15A (1).

(2) The return respecting election expenses shall be signed by the candidate or his election agent and shall be accompanied by a statement made by the candidate and his election agent, which shall be respectively in Forms C and D in the First Schedule and shall be on oath before the Chairman or a member of the Election Commission, a Magistrate, a Justice of the Peace, a Commissioner for Oaths, or the State Elections Officer:

Provided that where the candidate has named himself as election agent under subsection 12 (2) such statement shall be made only in Form C of the First Schedule.

(3) If the said return and statements are not transmitted before the expiration of the time limited for the purpose, the candidate shall not after the expiration of such time sit or vote until either such return and statements have been transmitted or until the date of the allowance of such authorized excuse for failure to transmit the same as in this Act mentioned and if he sits or votes in contravention of this Act he shall be liable on conviction, to a penalty of one thousand ringgit for every day on which he so sits or votes.

(4) If any candidate or election agent fails to comply with the requirements of subsection (1) or (2) he shall be guilty of an illegal practice and the provision of this section shall be in addition to and not in derogation of the provisions of section 11.

Publication of deposit of return, etc.

24. (1) When any return respecting election expenses and the statements made in respect thereof have been received by the State Elections Officer, he shall, as soon as may be, cause a notice of the date on which the return and statements in question were received by him and of the time and place at which they can be inspected, to be fixed in some conspicuous place in his office and published in the Gazette.

(2) The State Elections Officer shall preserve all such returns and statements with the bills and vouchers relating thereto and at all reasonable times during six months next after the publication in the Gazette of the notice mentioned in this section shall permit any person to inspect them and to make extracts therefrom on payment of a fee of ten ringgit and shall, on payment of two ringgit for each folio of one hundred words, supply a copy or copies of any part thereof; and after the expiration of the said period of six months the said documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed.

Limitation of political propaganda on nomination day

24A. (1) No person shall, on nomination day or days -

( a) furnish or supply any musical instrument or loud speaker to any person with intent that it shall be used by any person in any way or used in or upon any vessel, animal, motor car, truck or other vehicle; or

(b) use himself or use in or upon any vessel, animal, motor car, truck or other vehicle any such musical instrument or loud speaker,

as, or for the purpose of, political propaganda.

(2) No person shall, on nomination day or days, wait or loiter within a distance of fifty metres from the limit of any place of nomination.

(3) Any person who contravenes any of the provisions of this section shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

Election campaign and limitation thereof

24B. (a) Subject to the provision of this Act, a candidate or his election agent may hold election campaign during the campaign period.

(2) A candidate or his election agent may, during the campaign period, open or establish or maintain offices in the constituency in which the candidates seeks election for purposes of his campaign at an election.

(3) A candidate or his election agent may, during the campaign period -

(a) hold, convene or organize any open public meeting, open public rally, open public display or open public entertainment; or

(b) give any open public address or open public lecture, in the constituency in which the candidate seeks election but only if he holds a permit to do so issued to him by the police officer in charge of the district where the meeting, rally, display or entertainment is to be held or the address or lecture is to be given.

(4) A candidate or his election agent may, during the campaign period, display, furnish or distribute election campaign materials to members of the public in the constituency in which the candidate seeks election but only if he -

(a) holds a permit to do so issued to him by the State Elections Officer, subject to such terms and conditions as the State Election Officer may determine; and

(b) has paid to the State Elections Officer a deposit of five thousand ringgit in the case of an election to the Dewan Rakyat and three thousand ringgit in the case of an election to a Legislative Assembly.

(5) On receipt of a deposit under subsection (4), the State Elections Officer shall deal with the sum so paid in accordance with the current Government financial regulations.

(6) Subject to the by-laws of any local authority, election campaign materials include any advertisement, leaflet, brochure, flag, ensign, banner, standard, poster, placard, handbill, label or any form of temporary billboard.

(7) No person shall, during the campaign period, display or affix any election campaign material within a distance of fifty metres from the limits of any polling station.

(8) Any election campaign material displayed or affixed shall be removed by a candidate or his election agent within fourteen days after polling daya and if the candidate or his election agent fails to comply with this subsection -

(a) the deposit paid pursuant to subsection (4) shall be forfeited and paid to the Federal Consolidated Funds; and

(b) the State Elections Officer shall cause all the materials to be removed within a reasonable time and the cost for the removal of such materials shall be paid out of the sum forfeited under paragraph (a).

(9) Where the cost of removing the materials referred to in paragraph (8)(b) exceeds the deposit forfeited under paragraph (8)(a), the difference shall be a debt due from the candidate to the Federal Government and may be recovered from the candidate accordingly.

(10) Any person who contravenes subsection (3), (4) or (7) shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

(11) An offence under this section shall be a seizable offence within the meaning of the Criminal Procedure Code.

Employers to allow employees reasonable period for voting

25.(1) Every employer shall, on polling day, allow to every elector in his employ a reasonable period for reasonable period for voting, and no employer shall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period.

(2) This section shall extend to employees of the successor company as defined in section 2 of Railways (Successor Company) Act 1991 [Act 464] and the Sabah Railway except such as are actually engaged in the running of trains and to whom such time cannot be allowed without interfering with the manning of the trains; and the General Manager, shall, in each case, be deemed to be the employer of such employees.

(3) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employ, of a reasonable period for voting, as in this section provided, shall on summary conviction be liable to a fine of five thousand ringgit or to imprisonment for six months.

(4) This section shall not extend to such categories of employees as the Election Commission may from time to time by notification in the Gazette designate.

(5) This section shall be binding on the Government of Malaysia and the Government of each State.

(6) In this section, "employer" has the same meaning as in the Employment Act 1955 [Act 265].

Limitation on polling day

26.(1) No person shall on polling day -

(a) hold, convene or organize in any place any form of meeting ,rally, display or entertainment or give any form of address or lecture whether or not such meeting, rally, display, entertainment, address or lecture is open to or involves members or the public or otherwise;

(b) furnish or supply any musical instrument or loud speaker to any person with intent that it shall be used in or upon any vessel, animal, motor car, truck or other vehicle as, or for the purpose of, political propaganda or use himself or use in or upon any vessel, animal, motor car, truck or other vehicle any such musical instrument or loud speaker;

(c) open or establish or maintain an office or a booth within the constituency in which a candidate seeks election for any purpose connected with an election other than the offices opened or established or maintained pursuant to subsection 24B(2) or committee-room hired pursuant to paragraph 1491)(b);

(d) use any dwelling house, shop house, hut, hall or any premises as an office or a centre of any political party in the constituency;

(e) within a distance of fifty metres from the limits of any polling station-

(i) endeavour to establish the identity of any person entering a polling station;

(ii) check on any list the name of any person entering or leaving a polling station;

(iii) solicit or persuade or attempt to persuade any person to abstain from voting at the election, or to vote or to abstain from voting for any candidate at the election;

(iv) wait or loiter except for the purpose of gaining entry to the polling station to cast his vote but nothing in this paragraph shall prevent the proper officer or any person authorized by the proper officer from carrying out his duties in relation to the conduct of an election:

(f) on behalf of any candidate, canvass for the votes of electors in any constituency for or against any candidate or political party at an election by whatever means including visiting electors at their homes or places of work or interviewing members of the public; or

(g) within a distance of fifty metres from the limits of any polling station and in a polling station wear, hold or cary any form or type of clothing, head covering, ornament, rosette, water bottle or umbrella on which the name of a candidate or the name, emblem or symbol of any political party is printed or imprinted.

(2) Any person who contravenes any of the provisions of subsection (1) shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not excedding five thousand ringgit or to both such imprisonment and fine.

(3) An offence under subsection (1) shall be a seizable offence within the meaning of the Criminal Procedure Code.

Booth to be provided by Election Commission

26A (1) The Election Commission shall, on polling day, provide such number of booths situated at such places as it thinks necessary for the purpose of assisting electors to ascertain their electoral numbers in the electoral roll.

(2) The election agent of a candidate shall appoint not more than four persons to act as booth observers on behalf of the candidate, and shall, before the opening of the poll inform the presiding officer at each polling station in writing of the name and address of the booth observers appointed to be present at the booths in respect of the polling station.

(3) Every booth observer of a candidate appointed under subsection (2) shall be present at the booth for at least two hours and his replacement shall only be admitted to the booth on the expiration of the two-hour period.

26B. (Deleted by Act A1177)

Punishment for conviction for illegal practise

27 (1) Every person who commits an illegal practice shall, on conviction by a Sessions Court, be liable to a fine of five thousand ringgit and, subject to any specific provision to the contrary in any written law relating to any election, shall by conviction become incapable of being registered or listed as an elector or of voting at any election under this Act or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction.

(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Public Prosecutor.