Question: What are some of the electoral reforms you introduced during your tenure as Election Commission (EC) chairman?
Answer: There have been more than 15 improvements in the management system of our elections. These decisions and improvements were mooted by the EC, the Parliamentary Select Committee, non-governmental organisations and individuals.
Among others, I introduced early voting to replace the postal voting system for the police and the armed forces; postal voting for registered Malaysians overseas and media personnel, and also the use of pens instead of pencils to mark ballot papers.
We also allowed international and local external observers, and extended the campaign period from seven to 11 days. The biggest reform was the use of the indelible ink, which received both positive and negative feedback.
Before we institute any changes, the EC will normally get feedback from the government, opposition and independent candidates through surveys to get a feel of whether our proposed reforms can pass through Parliament.
Question: After 12 general elections, the EC decided to introduce the indelible ink. Do you think we should also use the biometric system?
Answer: I proposed the use of biometrics, but “they” (the opposition) shot the idea down and said I would manipulate the computer data. So they didn’t agree to it and asked us to use indelible ink instead, saying that if we did not, they would hold more demonstrations.
After studying the idea and conducting surveys, we found that using ink was cheaper. It was our first time using the ink and, of course, there were bound to be shortcomings.
The main weakness was that the ink had a low content of silver nitrate, therefore, it was easy to wash off. But even with paint, if we really try to wash it, it will come off.
After the 13th General Election, we had 10 by-elections, where we used indelible ink that had a higher content of silver nitrate. It was so long-lasting that the stain still remained on the voters’ fingers a month after the elections.
To me, in Malaysia, ink or no ink, the pattern of polling will remain the same.
A candidate will win not because of the ink. We have our standard regulations — a voter must be a Malaysian with a blue MyKad, aged 21 and above, and is a registered voter on the electoral roll. That’s it. The ink is just an added condition before you are given your ballot paper.
Question: Following the 2008 election, non-governmental organisations like Bersih have become vocal about clean and fair elections. Large-scale protests were held, putting Malaysia on the spotlight. How has the EC taken heed of this?
Answer: While we appreciate the views and suggestions of every one, even Bersih, it must be in the form of discussions, dialogues and meetings. And we have done that with Bersih, which I must say, the results are tremendous.
Demonstrations bring no benefit to the electoral process. If they think that by holding demonstrations, the EC will introduce changes, no way. We get nothing.
We believe in negotiations, discussions, meetings, dialogues and engagements. Small or large-scale protests to force the EC to make changes will not work. That is not our culture.
Question: PKR and DAP have been consistently criticising the EC, even though their respective party polls were marred by inefficiencies. Your comments?
Answer: I do not want to comment on their election process. True, there are a lot of problems (in their party polls) but I don’t want to say anything. That’s their own business.
As far as the EC is concerned, we have our processes — from notices and announcements after the special EC meeting, to nomination day, early polling and polling day — according to the law. We issue a proper notice and make the announcements as wide as possible. During nomination day, we allocate enough time for candidates to submit their nomination papers.
And if there are errors in their forms, we correct them before nominations close at 10am. We want to help the candidates. If they follow the procedures and pay the deposit, the EC will help them.
Even the counting of the ballot papers is democratic and systematic. Representatives from parties and the candidates are present. If there is something wrong, the agents can object. We tally the votes in front of them and the ballot box is transparent. You can even see a needle being dropped inside.
The opposition parties, when they win, they commend the EC. But when they lose, they say so many things — everything we do isn’t right or isn’t fair.
When you take part in any competition and win, you give thanks. But when you lose, don’t blame others. Look at your weaknesses and try again next time. Look for good contenders and set your strategy. Win or lose, it’s not because of the EC. The kingmakers are the voters.
Question: How did you handle allegations that the EC was involved in fraud, phantom voters and gerrymandering, particularly after the 2008 election?
Answer: This is the strategy of political parties... they want to make sure the people hate the EC. They want to paint a picture that we have no integrity, we cannot be trusted, we aren’t independent and we are biased. When people believe this, they sympathise with the candidates.
That’s it. Once they achieve that, the perception (about the EC) has already been formed.
They said that the EC brought in 40,000 Bangladeshis to the country to vote (during the 2013 General Election). I challenged them to bring just one (Bangladeshi who voted), but until today, there hasn’t been one. This is untrue.
They also said the EC purposely did a blackout during vote counting, so that our officers could empty their jackets filled with ballot papers into the Barisan Nasional tray.
These are all lies. This is the power of social media, people will believe what they hear first.
After the election, there were over 60 petitions, but not one did the EC lose in court. Our election system is recognised by international bodies and the world over.
As the EC chairman, I have been invited to become an observer and adviser in elections worldwide. People come to Malaysia and take us as an example.
It is a challenge for the EC to counter these allegations, especially in social media. Even though I refuted the claims, people will not believe me. For us to do it quickly and explain the truth sometimes takes weeks or months, but the voters have already made up their mind.
These lies disappoint and frustrate me. We work hard to ensure that the elections run smoothly, but people throw baseless allegations at us.
Question: What are some of the most memorable or difficult challenges that you faced as EC chairman?
Answer: On polling day during the 2011 Tenang by-election in Johor, it was flooded. Water began seeping in the voting and tallying centres. But thankfully, the voter turnout was good, despite the heavy rain and flooding. I received a call to stop the polling, but I said no because the response was good.
There were even suggestions to extend the voting period by another two hours to 7pm, but I told them the law only permits voting up to 5pm.
I am thankful that the National Security Council, Fire and Rescue Department, the police and Rela personnel helped the EC. We deployed boats and big lorries to ensure that the polling could go on.
The other challenging incident was during the Permatang Pasir by-election in Penang. It was held during the Influenza A (H1N1) outbreak in the country.
We had to make sure all precautionary measures were taken. We advised all those who were going to vote to wear masks and EC officers were also advised to keep their masks on.
Question: There is the issue with postal voting — claims that there are two ballot papers issued to one person and problems where ballot papers did not reach the voters. What has been done to resolve this?
Answer: Yes, it’s true that there have been cases of two ballot papers being issued to one person, but there are not many. It could have been caused by a miscommunication between the clerks issuing the postal ballot papers.
As for ballot papers not reaching voters, the EC will send the ballot papers by post to the address provided by the voter.
These are isolated cases and we didn’t do this to help anyone get more votes. It is a genuine mistake. We’ve checked with the people concerned and voters must also update their addresses to ensure that such cases do not recur.
Question: What do you have to say about the concept of popular votes in Malaysia? Is it our system?
Answer: Our system is first-pass-the-post. If you have a one-vote majority, you win. That is the ground rule.
For (political) parties, on the other hand, it is not about the total number of votes you get, but the number of seats you win. However, the number of seats you win does not necessarily have a positive correlation with the number of voters.
For example, if you win a lot of seats in rural areas, the number of voters is small.
Popular votes are a different system. We must follow the system that we hold on to, which is first-pass-the-post.
Question: What is the future of democracy in Malaysia?
Answer: As long as our Federal Constitution is there and we respect it, our democracy will remain. We have elections every five years. Any party can compete as long as you register your party and your symbol. Even if you do not have a party, you can take part as an independent candidate as long as you meet the requirements.
Voters aren’t forced to choose a certain candidate, They are free to choose anyone they like. You attend talks and campaigns to help you decide. You aren’t even forced to register your name as a voter, but if you don’t, you lose out.
Question: You faced a lot of backlash during the recent redelineation exercise in Sarawak, especially from NGOs and opposition parties. What was the process like for you?
Answer: The eight-year term has exceeded, so redelineation must be done whether you like it or not. We have completed it for Sarawak but it was not easy. In every step of the way, we were disturbed and troubled, and the EC was even brought to the Federal Court.
The law was amended by the Sarawak assembly and we issued a notice about this exercise in 2014. The state government can amend the law to add more seats, but it is the EC that decides where the seats will be.
The Sarawak government has no say in this. We went down to the ground, looked at the localities and the number of voters in detail. The information was published and put on display for one month.
The number of objections for this exercise was the highest in history. We held hearings and local inquiries, twice. When there is an objection, we call them in and ask them why they object to it.
Funny enough, some of those who objected were given scripts to read. They didn’t even understand what they were reading and couldn’t answer questions posed to them.
They brought me to the High Court, and I took it to the Court of Appeal before it was tried in the Federal Court. The commission won the battle, which proves that we have done this exercise in accordance to the law and have no political agenda.
Question: As you bid farewell to the EC, what words of advice do you have for your successor, Datuk Seri Mohd Hashim Abdullah?
Answer: Follow the law. Be guided by the Federal Constitution, the rules and regulations. Whatever you say and do must be within the power of the law and make any discretionary decisions. Make sure to get the advice of your legal advisers and your fellow commissioners. When a decision has been made, stick to it.
Hashim has been my deputy for over a year, and I want to remind him to work as a team. The EC panel must work very closely and move with one voice. But if a decision is wrong, correct it based on implementation and feedback. Go back to the drawing board and discuss before making amendments.
Remember that the EC is independent and impartial. We work for all Malaysians and not one race.
Do not make decisions that are only good for a particular group. You should also not receive instructions from anybody, apart from getting ideas and opinions. Be willing to listen.
Be hardworking, trustworthy, honest and respect everyone.