We, the undersigned organisations of Sabahans and other supporting civil society organisations, call upon the Electoral Commission to expand postal voting rights to out-of-state Sabahans in the upcoming Sabah election on 29 November.
This expansion may start with three particular groups and this should be operationally viable in the next three weeks:
- Students in public universities outside Sabah, estimated at 40,000–50,000
- Sabahans who are hospitalised or living in nursing homes
- Candidates, election agents, polling and counting agents and others on duty in the election
We call upon Prime Minister Anwar Ibrahim to instruct the Ministry of Higher Education, the Ministry of Health and the Department of Social Welfare to enthusiastically assist the commission in expanding and coordinating the postal voting facility to as many as possible Sabah voters who cannot vote in their constituency on polling day.
Expanding postal voting requires no amendment of any law. The Electoral Commission has the powers to declare new categories of individuals to be eligible as postal voters through its powers under Section 2, paragraph 3(1)(e) of the Elections (Postal Voting) Regulations 2003 (EPVV).
To the advantage of the commission, Article 115 of the Federal Constitution requires that “all public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable”.
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Below are our concrete proposals for the three groups based on a careful study of the legal and operational process. The application may start on Monday, 3 November for the first two groups. While this short period of registration may limit the number of registered voters (which, however, makes it easier in operation), it would still be greatly meaningful in the expansion of the right and facility to vote by postal ballot.
Proposed categories for expansion of postal voting:
- Sabah students in public universities outside Sabah
- Legal basis: New category under Section 2 Paragraph 3(1)(e) EPVV (1D)
- Reference database: FLYSiswa under the Ministry of Transport
→ https://subsidiudara.mot.gov.my/faq - Proposed deadline for application: 7 November
- Relevant parties to assist delivery: Student affairs department or management office of the respective universities and colleges
- Sabahans who are hospitalised or living in nursing homes
– Tindak/Bersih/Engage/Rose/Projek Sama
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