QUESTIONS RELATED TO THE ONE-MONTH PERIOD
- When will the one-month period for objection begin?
When the EC publishes the notice of the effect of their recommendations and where the maps are on display, the one-month period for the public to view and object begins. The notice will be published in at least one major newspaper. The last time it was published in the New Straits Times on 8th August 2002 for the Peninsula and Sabah re-delineations.
- Will the maps be available for download or viewable online?
There is no reason why they shouldn’t be, technically or legally, but they were not made available previously. There is no indication to-date that EC will make it available for download or online for this up-coming exercise.
- Will the EC’s proposal maps be available for sale in hard copy?
It has come to our at attention that it won’t be available for sale. It will only be on public display.
- Will all the maps for a state be viewable at one central location?
From what was published the last time in 2002, most of the maps were displayed at various locations within the proposed parliamentary constituency. That means that there are very few locations that would have the maps of several constituencies on display together.
- Will DART be putting up all the proposal maps on its website, either as downloads or online?
Given the short period we have, one-month, we are unable to digitise the proposed boundaries to put it online. However, we are coordinating with Tindak Malaysia to get photographic images of the displayed maps nationwide and make them available for viewing and download.
- Will the maps have details of roads, names of housing estates or villages or landmarks so that we can easily identify the locations?
No. Unfortunately these proposal maps would be like the confirmed electoral boundary maps which to the layperson, is very difficult to read and identify exactly where the boundaries cut.
- How can I study the EC’s proposed map for my constituency and make effective objections if the maps are not easy to read?
DART has digitised the existing (GE13) Parliamentary(PAR), State Assemblies (DUN), Polling Districts or Daerah Mengundi (DM) and Local Authorities or Pihak Berkuasa Tempatan (PBT) boundaries: that’s 4 types of boundaries. These can be opened on Google Earth where you can zoom in to see satellite images of your constituencies right down to roads, rooftops, rivers and etc details. We recommend that you contact us at DART to request for a copy of these files for your state and start getting familiar with your current electoral boundaries.
You can take a photographic image of the displayed map for your constituency even with a smartphone (set at high resolution) and insert it as an “image overlay” on Google Earth, adjust it till it fit into existing natural boundaries and landmarks. DART will be coming out with a simple video to show you how this is done.
After this, you can compare the new boundaries to existing boundaries and, using our Checklist, detect any grounds for objection.
- Who can object to the proposed recommendations?
Any State government, local authority or groups of 100 or more affected voters in the constituency whose names are on the current electoral rolls. FC/13th Sch/Part 2/ 5(a)(b)
- How do I get together with 100 voters in my constituency if I want to object?
Bersih and DART is running the “Be ONE of the HUNDRED” Campaign nationwide. We may already have some of your fellow objectors for your constituency. The easiest way would be to download the Borang Bantahan on this website.
- What if I want to do more than signing on as one of the 100+ objectors?
If you are comfortable with using software like Google Earth and Excel, you can be part of the DART Core Team for your state or constituency. Contact us at [email protected] and tell us you want to be part of a DART Core Team.
- How should we prepare the letter of objection?
After you have analysed the proposed maps by EC and identified grounds for objections using our Checklist, you can use our Legal Template to prepare your own letter of objection to the EC. Please ensure that you name three fellow objectors as representatives to meet EC’s officers at the Inquiry.
Alternatively, work with the DART Core Team in your State or constituency to prepare the letter of objection and provide information on how you think your constituency should be delineated. We recommend that you take this approach in order to make an effective objection.
- Can there be more than one group making objections in a constituency?
Most definitely. It is expected that there will be more than one group making representation to EC during the one-month period. Historically, political parties from both sides would make known their objections. There would also be groups of concerned citizens submitting objections.
- Wouldn’t EC be confused if there were too many objections, especially conflicting ones, in the same constituency?
No. It is EC’s duty to hear the objections and to judge the merits of each according to the principles found in the 13th Schedule, Part 1, Section 2 of the Federal Constitution. The objections that are backed up with these principles and with local knowledge would stand the best chance of being considered. To say that there should only be one group submitting an objection is akin to saying there should be only one contestant in a singing contest.
- Would an inquiry be held for every objection submitted?
No. Only those fulfilling the conditions under the 13th Schedule.
- What would be those objections that fulfill the conditions?
(a) Those submitted by State governments, local authorities or groups of 100 or more affected voters.
(b) Those that objected based on principles found in Section 2 of the 13th Schedule.
(c) Those filed to EC’s office within the one-month period.
- What would be considered not fulfilling conditions and may be rejected?
(a) Those submitted by people with no locus standi (no rights of objection).
(b) Those objections based on non-Malaysian laws or standards, even international best practices.
(c) Those submitted without objections but just alternative mapping proposals.
(d) Those submitted after the one-month display period.
- After filing our objections, what can we expect?
If our objections fulfill all conditions, EC will give us a date for us to make representation to their officers. This is called the Inquiry. This can be anytime from after our submission but would probably be after one month.
- Who can or cannot attend the Inquiry?
Only three representatives of the affected voters in the constituency who themselves are affected voters can attend. No lawyer is allowed to represent the affected voters unless he himself is one of the affected voters.
- What can be expected at the Inquiry?
You should refer to your letter of objection and explain why you object to the proposal by EC. If you have prepared an alternative map using Google Earth, either for projection and/or printed out, this would be the time to show it. Produce any other documents or photographs that would support your case. Always leave a copy of whatever evidence you have prepared for the panel. You have 30 minutes to make your case and the language used is Bahasa Malaysia only.
- What can be expected after the Inquiry?
If you have convinced the EC’s panel of the merits of your objections, they will then make revisions to their proposal and then put up the revisions made for the whole nation for a Second Public Display. Again, it will have a one-month objection period, inquiry and then a second revision if warranted. Then the whole proposal will be finalised and presented to the Prime Minister to prepare a draft order to be voted upon by the Parliament.
- Will we have another chance to object at the Second Public Display if we didn’t object at the First Public Display?
No. If no one objected at the First Display, the proposal by EC for that constituency is deemed accepted and would not be on display the second time around. But if someone else objected and you found the revision unacceptable during the Second Display, you can gather 100+ affected voters and object to it.