THE Election Commission (EC) has fixed Sept 26 for the Sabah state election while nominations are on Sept 12.
The state legislative assembly was dissolved on July 30 following a political crisis. It now has 73 seats to be contested after the Dewan Rakyat approved a bill last year to increase the number from 60.
Therefore, it is only appropriate that the political parties contesting engage in clean and fair campaigns especially during the unprecedented coronavirus pandemic, to ensure that fraud and corruption do not damage the credibility of the election and its outcome.
According to the existing legislative framework, the Election Commission (EC) does not have the power to investigate, prosecute, fine, probe any election candidate or party he represents for any violation of election law, especially provisions under the Election Offences Act 1954 (EOA 1954).
The Malaysian Anti-Corruption Commission (MACC) could take action against parties, their agents and members who breach the provisions of EOA 1954 or the Penal Code, while the police can focus on other criminal offences and security matters.
A special 24/7 operations centre will be set up by the MACC at its Kota Kinabalu office to enable the public to report any abuse of power or corruption. The public can contact 08-848 8381 for more information.
It is sad that election offences had been recorded in the Port Dickson, Sungai Kandis, Seri Setia, Balakong, Semenyih, Tanjung Piai and Kimanis by-elections.
Candidates should not engage in activities that could violate election laws and regulations in accordance with the EOA, MACC Act 2009 and the Multimedia and Communications Act 1998 in the upcoming Sabah election.
Under EOA, it is an offence not to submit an election expenditure statement within 31 days of the gazetting of the election results.
The consequences of not submitting the statement include not being allowed to attend the state assembly sitting and participating in any election for five years. One can also be charged with breaking these laws.
Access to information on political financing, including campaign contributions and expenses, is essential. It promotes transparency and increases public confidence in the electoral process.
Under Section 15A ofthe EOA, a candidate must record expenses incurred during an event, and his spending limit is RM100,000.
Other offences amounting to corrupt practices are listed under Sections 8 (treating), 9 (undue influence) and 10 (bribery). They cover direct and indirect acts committed to induce any person to vote or refrain from voting.
Under Section 8, "any candidate who accepts or takes food, drinks or refreshment, provision, money or tickets shall be guilty of the offence of treating".
Section 9 refers to having undue influence on voters. The use of coercive tactics to influence or interfere with any person's electoral right is also an offence. Section 10 covers anyone who directly or indirectly buys votes, such as giving or offering money, gifts, employment, office, place or loan before, during or after an election.
Sections 8, 9 and 10 of EOA cover not only the candidate but also anyone liable to commit these offences. Upon conviction, a person may be liable to a maximum of two years in jail or a fine of between RM1,000 and RM5,000. The person is also not allowed to vote for five years.
If the accused is charged under the MACC Act, the penalty is imprisonment for a term not exceeding 20 years and a fine of not less than five times the sum or value of the gratification, or RM10,000, whichever is higher.
Malaysians are eager to see that the law is adhered to by parties in Sabah.
There should be zero tolerance of money politics from both sides of the political divide. The EOA 1954 should be amended to give more power to the EC.
Candidates and their supporters need to conduct their campaigns within the scope of the laws, and enforcement agencies must keep to the laws and the EC must protect the democratic process.
The fundamental principle defining credible elections is that they must reflect the free expression of the will of the people. Otherwise, the cry for Malaysia as a clean and democratic country will surely ring hollow.
The writer is president, Malaysia Association of Certified Fraud Examiners