General Election 2004 special

Get involved

The General Election is here again, and this is the time that those of you who are concerned about free and fair elections can do something about it without necessarily being partisan.

The Nomination Process

Now, a lawyer can accompany the candidate into the nomination centre and, even before that, help potential candidates fill up their Nomination Papers correctly. This is to ensure that the conditions for being a candidate and/or proposer/seconder are complied with. The law provides for the necessary qualifications.

It is sad when candidates do not get a chance to offer themselves as candidates just because they fill up the papers wrongly. Remember Dr Kua Kia Soong, then of the DAP, once had his nomination papers rejected after the close of nomination - and that was the turning point for the Parliamentary Constituency of PJ Utara, which was previously an opposition stronghold.

After the closing time for the nominations, it is time for objections. This is when lawyers can play a part by perusing the other candidates' nomination papers and raising objections if they are not in compliance with the requirements in law.

Voting agents/counting agents

On election day, every candidate can have an agent present in each of the rooms where voting is done, and when the counting of the ballots is done. So, what you can do is to volunteer yourselves to be voting agents or counting agents.

As a voting agent, you start of by making sure that the ballot papers are proper, i.e. that there are no markings or "waxy surfaces" that make it difficult for the voters to place their marks and that the ballot papers are sequentially numbered.

It is important to ensure that there are no markings. If there is so much as a black dot or a marking in one of the columns, it can be very dangerous and you should object to it. Say there is a mark on the row containing the name of the BN candidate, and when a voter gets the ballot paper and marks for the DAP candidate: when it comes to the counting process, this ballot paper will be rejected. But if the voter marked for the BN, then it would be accepted. Ballots with markings on both rows that contain the names of different candidates will be considered spoilt votes.

Ballot boxes

Make sure that the ballot boxes are empty, and that the closing and the sealing of the boxes is done properly. You can place your seal as well on the sealed boxes to ensure that it cannot be opened prematurely (in which case the seal will be broken). Only after all votes are cast and when counting begins will the ballot boxes be opened. Check to ensure that the seal is intact, and that the box has not been tampered with before it is opened.

Monitoring the casting of votes

Make sure that you have the list of voters who will be casting their votes in that particular room. Ensure also that your list is the same as the list with the SPR officials in the room.

What do you do when the voting starts?

When the voter comes into the voting room, the SPR official asks for the voter's IC and then reads out aloud the name of the voter. What you must do is to chect your own list and ensure that the name is on the list. Then mark out that name with a pencil and ruler, or a highlighter.

Ensure that only voters on the list are given a ballot paper and do the voting alone, freely and independently. Ensure also that there are no two or three persons using the same name who come in and vote.

Note when a second person with the same name and IC number comes in; what the SPR official does is to also give him a ballot paper - but this is a different coloured ballot paper, which will be set aside later when counting is done. This paper will not be taken into account at all. The voter is not aware of this and will go away believing that he or she has voted, but alas it is a vote that will never be counted.

It is important to note these incidences of two or even three or even more voters coming in and voting using the same name - for this should be reported later to the police/SPR and also to the Election Monitoring bodies. It would be good to note the name and the IC number as well as the description of the persons involved. It would also be good to request for the IC and take the address down. (The 1st or the 2nd or the 3rd person has definitely committed a crime, and if not reported, then the matter will never be investigated, and the perpetrator will get off scot free.)

The Voting Agent in the room can be changed from time to time but it is best that the agent at the very start is also the same person at the close of voting, and thereafter during the counting process. He or she will be the one most knowledgable and the best person to check and ensure that the number of ballot papers issued is the same as the number of voters that came and cast their votes. He or she can also verify that the number of the different coloured ballots issued and the serial numbers in the remaining balance ballot papers are the from the same ballot book used in the beginning.

At the close of the voting period

The room is closed, and the SPR officials, witnessed by the Agents of the candidates, will proceed to seal completely the Ballot Boxes (whereupon you can again place your seal). Next, there will be a short break but do not leave the room. The ballot boxes will be re-opened and the counting process begins.

The counting process

The agents of the candidates get to see and ensure that the seals have not been tampered with. Then the ballot boxes are opened and the ballot papers are poured out. Watch to ensure no additional ballot papers are dumped and mixed with the ballots from the box.

Next, the differently coloured ballot papers are taken out and separated. Then the counting starts. The SPR official is to to show the agents each and every ballot paper, categorize them as votes for the different candidates and/or spoilt votes. The agent can intervene if they do not agree with the categorising of a particular ballot papers. Make sure you know what constitutes a good vote and what constitutes a spoilt vote.

The voting/counting agent has the power to object, to insist that proper procedure is followed and to insist on a re-counting.

The voting/counting agent must be allert, for mistakes (conscious or otherwise) can occur, like the dropping of a ballot paper of a BN candidate into the tray of the DAP candidate. Vigilance is essential to ensure that the voting and the counting is done correctly.

After the votes are counted

The ballot papers are all collected and placed back into the ballot boxes, and sealed. Here again it is essential to ensure that the box is closed properly with no way of it being opened and/or ballot papers stuffed in or taken out. The ballot boxes are then sealed - and here again the Agent can place his/her own seal.

The sealed ballot boxes with the ballot papers in it are then transported to the main counting centre in the said constituency.

Note if the votes garnered by the different candidates are very close, there may be a demand for a re-count of the votes to be done. This is done at the main counting centre - thus the importance of ensuring that the ballot boxes are sealed tightly and that there can be no tampering.

Note: The work is tedious and demands great concentration. The voting/counting agent must be strong in character and not easily cowed by the SPR officials by whatever means. He or she must be brave enough to raise objections and to insist on the repeat reading of the names, to insist on the right to check the ICs of suspicious voters or of the subsequent voters using the same name and IC number as an earlier voter.

Training of voting/counting agents

In a particular constituency, hundreds of voting/counting agents are required - sometimes even up to 500. Note that there must be reserves for each room - and there are things like the call of nature, hunger pangs and also time for the said agents to also be able to go and cast their own votes at most likely a different voting centre.

This is also an area where lawyers and others can help out as there are a lot of persons to be trained, many of whom will need personal attention for their individual queries.

Commissioner of oaths

Every agent, whether a voting/counting agent or a postal ballot agent and even those who are assisting a candidate in the campaigning, needs to affirm a declaration before a commissioner of oaths. Standard forms, no doubt but a very heavy task - especially when it will be most difficult to get Commissioners of Oaths and arrange for people to affirm the declarations.

Thera are other matters that can be done by people who want to and are willing to do something to ensure free and fair elections.

It does not matter which candidate you are helping. You may not want to campaign - but do get involved at least as voting/counting agents and/or postal ballot agents or the training of these agents.

Charles Hector

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