Can wear selipar ornot? 5 things to look out for when voting this GE15.

Feel that buzz in the air?

What you’re feeling is probably the electrifying excitement of election season, seeing as the voting day for the GE15 is just around the corner.

But whether you’re voting for the first or 15th time, it’s always a good idea to remind yourself of the basic do’s and don’ts as you’re preparing to queue up at your polling station on 19th November 2022.

1. Dress decently, don’t wear political shirts

Despite some messages being spread around about a dress code for voters on election day back during GE14, the EC had clarified that this is fake news and no voter will be barred from voting as long as they’re dressed properly – and that should include being able to wear slippers.

“The EC has not and will not prevent a voter from entering a polling station as long as the voter is appropriately dressed.” –  Tan Sri Mohd Hashim Abdullah, EC Chairman, as quoted by The Star 

However, what WILL get you barred from entering the polling station is wearing clothes that have a candidate’s name, a party’s symbol or emblem, or any other political elements on them.

Section 26(1) of the Election Offences Act 1954 – Limitation on polling day (in part):

No person shall on polling day—

(g) within a distance of fifty metres from the limits of any polling station and in a polling station wear, hold or carry 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. Beware of free food and drinks at the polling station

So, in your most neutral clothes, you head over to the polling station and encounter a group of people who are handing out cold and refreshing drinks as tokens of gratitude for voting for a specific candidate. You accept one to fight off the merciless Malaysian heat – and maybe silently laugh to yourself because there’s no way you’re voting for that person. There are no party logos on the cans, so nothing wrong with that, right?

Well, the joke may be on you.

Section 8 of the Election Offences Act 1954 explains that accepting food, drinks, money or provisions when it is given with the intent of influencing a voter’s vote is regarded as a part of illegal treating.

Section 8 of the Election Offences Act 1954 – Treating (in part):

“…and every elector or voter who corruptly accepts or takes any such food, drink, or refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such food, drink, refreshment or provision shall be guilty of the offence of treating.”

The keyword here is “corruptly”, which indicates knowledge of ulterior motives behind the provision and acceptance of such treats. However, because it may be hard to ascertain the motives of those who provide these treats at times, it is best to avoid them altogether. If you find the temptation too great and would still like to have the drink nonetheless, keep in mind that it may be the most expensive drink you will ever have. To be precise, it could cost you a fine of RM5000, two years in prison, or both – along with a five-year suspension of your ability to vote.

3. Make sure your ballot papers are acceptable

As a general rule, you should always check your ballot papers to ensure that they aren’t damaged, torn, misprinted, or marked in any way. Also, polling agents will stamp your polling paper before giving it to you, so it’s also a good idea to make sure that the stamp is wholly-within the section of the ballot paper handed to you. If there are any issues with the ballot paper or stamp, it’s within your right as a voter to ask for a new one.

While selecting your preferred candidate, keep your artistic tendencies in check and just place a clear ‘X’ on the box (without going past the borders) next to the candidate’s name. Any other marks, notes, or ambiguities can potentially invalidate your vote as well. In short, don’t conteng on the ballot paper!

4. Don’t pull any stunts with ballot papers

Invalidating your vote is one thing, but there’s also some actions that can get you imprisoned, fined, or (arguably) worse – barred from voting during the next election.

The first is by putting random stuff into the ballot box, like fake ballot papers or anything that is not an official ballot paper. You should use only authorised ballot papers that are given to you by election officers when casting your vote, and failure to do so would be regarded as a breach of the Election Offences Act 1954.

Section 3(1)(g) of the Election Offences Act 1954 – Offences by any person (in part):

Any person who –

(g) puts into any ballot box anything other than the ballot paper which he is authorized by law to put in;

5. Don’t be a nuisance after voting

Done with voting and waiting for a friend? Feel free to do so – as long as you’re at least 50 metres away from the vicinity of any polling station.

Section 26(1)(e)(iv) of the Election Offences Act 1954 explains that no one is allowed to wait or loiter within a distance of 50 meters of any polling station, unless you are waiting to enter the polling station to cast your vote. If you are caught loitering within the vicinity, you may get slapped with a maximum fine of RM5000 or imprisonment for a maximum of one year, if not both.

Worse, don’t try to influence or prevent anyone from voting.

Doing this is not just morally wrong, but legally too. You may find yourself facing up to a year in jail and/or a maximum fine of RM5,000 under Section 26(1) of the Election Offences Act if done within 50 meters of any polling station.

Section 26(1) of the Election Offences Act 1954 – Limitation on polling day (In part):

No person shall on polling day—

(e) within a distance of fifty metres from the limits of any 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;

Vote safely, vote properly

While the excitement and anticipation will undoubtedly be high on Nov 19th, we should remember that our duty as voters also extends to our conduct before and after we’ve cast our votes. In that sense, we should also keep our fellow voters in mind, regardless of their political affiliations and who they support.

Of course, this isn’t an exhaustive list of things you shouldn’t do during voting season, but other than reading the full list in the Election Offences Act or our other article on the subject, some measure of common sense can be used as well – such as not taking selfies or having heated political discussions with the person lining up behind you.

If you’re unsure or have come across any information that seems questionable, you’re advised to check with the Election Commission by calling 03-88927200.

Happy voting everyone!

[This article was originally published on Asklegal.my. Despite being a popular legal resource for the general public, a legal site isn’t particularly attractive for sponsored content clients.

Purely for financial reasons, we made the difficult decision to shut Asklegal down and host the articles on Cilisos; both to recognize the work put in by the team over the years and because we believe that they’re still beneficial to many Malaysians.]