Report on Election 0 bserva tion of N. 1 2 Pengkalan ... - Parliament

MAFREL
Ek@mal Assistance, Consultancy & Reseam for Free and Fair ElecLlons
KhiQmat Sdcongan, Perunding & PenyelMikan untuk Pilihanraya Bebas dan Adil
MAFREL <strong>Report</strong> 2W)6 No. I
<strong>Report</strong> on
Election 0 bserva tion of
N. 1 2 Pengkalan Pasir

MAFREL
Electoral Assistance, Consultancy & Research for Free and Fair Elections
Khidmat Sokongan, Perunding & Penyelidikan untuk Pilihanraya Bebas dan Adil
MAFREL <strong>Report</strong> 2006 No. 1
<strong>Report</strong> on
Election Observation of
N. 12 Pengkalan Pasir
MAML (640757-M) is registered on January 27,2004
44-5-2 Teratal Mewah Condomhtium, 3dan Langki~wi, 53000 Kuab Lumpw
Td & Fax: +603-4022 9737

MAFREL <strong>Report</strong> 2006 No. 1
<strong>Report</strong> on Election
Observation of
N.12 Pengkalan Pasir
BY
Abd Malek Hussin
AW Malek Hussh was the Head d Mission of MAFREL aactkn Obstvvat&n of N.0 Pengkah Pasir bydectbn.
He k chdrperson and saearbhR dbPcbw of Malaysians kr Fnx and fit Elections (MARIEL), an
elecbion wabchdog formed in 2003. He has twenty-sew~ years m c e In the W of eleclkns, having
send in various capadtks at d m state, national and intematknal level since 1978. He has long been
an -be for dem~~acy, good gowmance and human rlghts in Malaysia. He was detained wlthout trial
under the Internal Security Act ('IS) h 1998. He served as an inkmabknal observer in Sri Lanka
padbmentary ektbm, Phappines presidential eWbns, Indonesb pmidential electbns, Hong Kong
legldathre ooundl ekdbns and Afghanktan p&c&ntial elections. He has exbensivle expe&mce in elecboral
rolls wifkath by leadhg MAFRU reseanh on the ekcbral rdk of Selangor, Kebntan,
Terengganu and kderal Tefdtory of Kuala Lumpur in 2004 and 2005.

Chapter Contents
Table of Contents
1 Introduction 1
2 The observation pian 3
3 Election observation mission 5
What ate the eWm/ ml' all
Et4fAEL tesa~m&c&k2gy
Unhmbk &ims
AhmW/traa4aaki?-
Alwwwma1~-
Tzp l O a a W ~ ~ s ~
Ve&a&av meWb@y
Fiwc&enQm
The qtnesbbvmaim
Mk~~/krdkgs .
Med& statF?ment
5 Elecbion campaign observation 19
The pWa/ canlpa&n
Thed%eIvam
Abuseof~nN?nt resounw
M& owlage
6 Polling day observation 25

PolWn~ envlmnmt
Votiw, counting and Cabubtim
Challenges to independent observation 33
Was the election free and fair? 40
Reammendations and condllrions 48
Appendix 54
L W o f ~ n r e n t ~ I bEkctim r ~ f ammebton Mmn f h t ~ M W t H ~ T ~ r n ~ o f ~ ~ ~
fbt of MA- E m Obsemts of &&abn Pas&- byekdkm, 2CM5
IrYImEL ~ m?L5'C~ of WLKt iW/.REL EWbim 01npa&n Ohmtkxr t%m
MREf mMFiKm
Mrnf ~Ingmyabswvam tiKm
MWEL lZktota/ Rd& V&kabbn Form
VM?fI.t&yD?&larn t%m
IrYIRIL=L feat%tm WRk~hts
Bemama news 4,ZCMS

Chapter 1
INTRODUCTION
Why MAFREL Observed Pengkalan Pasir?
MAFREL, as a civil society organization, k committed to uphold democracy, hwnan
rights and civil liberties, and has placed special emphasis on promoting democratic
elections as a key pilbr of national and community stability. Towards this end, MAFREL
recognizes that election obsenmtbn can pby an important rote in enhancing canfldence
in the electom1 process.
Election obsenrers help to deter election malpradkes, electoral irregularities and
viobtions. They act as eye-w'ltnesses bo the election process and participation to this
e m serves as an important milestone to the objective of ensuring free and fair
elections.
Deploying election observers offers demonsttable suppott to a democratic process and
can assist In the a c t a i i of genuine electkns oonduckd in cunpliinoe with the
Federal Constikrtion, the eWion-relabed laws and univecsal principles.
Benefiting experience from various international election observation m'lssions in Sri
Lanka, Philippines, Mormii, Hong Kong and Afghanistan, MAFREL devebped a
comprehensive plan to observe and monitor the crucial byelection of N.12 Pengka bn
Pasir with a view to galvanize public awareness and institutional recognition fbr free and
fail elections in Mabysia.
The Political Context
The ektoral constituency of Pengkabn Pasir is one of the 45 state assembly seats of
the Kebntan, the only state government won and ruled by the Isbmic Party of Mabysia
(PAS) with a thin rnalorlty during March 2004 general elections. The seat was declared
vacant and a by-election calied following the death of PAS assemblyman Haji Wan Ab
Azii Bin Wan Jaffir on October 31,2005.
Subsequently, the Election Commission fixed nomination of candidates on November 27,
2005 and polling day on December 6,2005.
Pengkalan Pasir would simply be an ordinary by-election if not for its peculiar and cnrcial
backdmp of the Kelantan pditics. In the last general elections, PAS barely managed to
Election Ob..rvrtkn <strong>Report</strong> 1

etain power in Kelantan with a threeseat majority alter winning 24 state constituencies
against 21 won by the Barisan Nasional (BN). Dramatically Pengkabn Pasir was won by
PAS with a 56-votes majorii. The vacancy left PAS clinging into power with only a two-
seat maprity.
With the impending Pengkabn Pasir by-election, PAS would be struggling to maintain
governmental power with only a single-seat majority if it suffered a loss.
BN leaders had publicly damwred for PAS to d'ksolve the state assembly and called for
early elections, if PAS kst Pengkalan Pasii. PAS vice-president Husam Musa who is also
a senior executive owncikr of PAS Kebntan state government retaliated by issuing a
challenge to all 21 BN awmhtymn to resign before accepbing bo d m
the state
assembly. BN state leader Dato' Annuat Musa aooepted the challenge and arranged for a
mass resignation of BN assembly members.
Howeber, the challenges finled out when the Election Commksii chairman Tan Sri Ab
Rashkl Ab Rahman issued a warning stating ihat, incumbents would not be alkwed to
contest for vacating their seats for no valid reason under the election law.
The whole episode was put b rest when Prime Minister and BN chairman Datuk Seri
Abdullah Ahrnad Badawi inbwfered and imbucted hk party assemblymen not to vacate
their seats and aboW the challenge.
The crucial byekction of Pengkalan Pasir went on schedule; otherwise there wouM
have been an early genersl electkn for the Kebntan state assembly, not due until its
five-year constitutional mandabe ends in 2009.

Chapter 2
THE OBSERVATION PLAN
In order to carry out its election obsenmtion mission effectively for the Pengkabn Pasir
by-election, M AFREL planned accordingly bo:
Establish an elecbbn observatbn m'bsion within a time frame that permits
observation of all phases of the election process and decide at its own d'kretiin
the number of obseners necessary to mount a viable obsenmtion m'bsion;
i
Meet with the offidals of the Election Commission, candidates, pol tical parties,
civil society organhatiom, and with all other individuals of its choice to solicii
acceptance and recognition of the election observation mission;
Obtain accreditation for all its observers from the Election Commission in order to
have unimpeded access to all polling and counting sibes and tabulation centre;
Obtain all necessary information and documents regarding the election process
from Election Comm'bsion and pol'il parties in a timely manner;
Issue medb statements on its observation of the election process;
<strong>Report</strong> b findings and mmendatrons t~ the Election Commiss'i)n, other
statutory authorities, pol'il parties, civil society organizations and the media.
Organizational Strategy
MAFREL developed to strategize the election obsewation plan for Pengkabn Pasir by:
Conducting preelection assessment of the electoral environment and to gauge
support of MAFREL election observation mission in the by-election of Pengkabn
Pasir;
Organizing a Roundtable Meeting on Domestic Election Observation on
November 20, 2005 in Kwh Lumpur tn appeal for broad-based election
monitoring effort; and
Deploying a 23gerson election observation team comprising of six Long-Term
Observers (LTOs) and seventeen Short-Term Observers (STOs).
Ekctkn Obeenrtkn <strong>Report</strong>

Pre-Election Assessment
On November 4 - 7, 2005, MAFREL conducted a preelection assessment in Kelantan
covering Pasir Mas and Kota Bharu, and aimed to:
Assess the capacity of political parties and prospective candidates of Pengkalan
Pasir;
Assess the likelihood of wide scale electoral fraud and imgularity;
Assess the capadty of MAFREL election observatbn effort in Pengkabn Pasir; and
Determine the appropriak role of MAFREL obsemrs and develop a
comprehensive plan for their possible deployment in Pengkalan Pasir.
Roundtable Meeting on Election Observation
On November 20, 2005, MAFREL organized a one-day roundtable meeting on election
observation and invited numerous civil society organizations and activists to attend the
meeting heM at Hotel Midah, Jalan Kampung Attap, Kuala Lumpur.
In the meeting, the fist presentation was an ownriew of Pengkalan Pasir political protile
m t e d by Center fbr Electoral Reform Institute (CERI) executive director and former
BacM MP Wan Nik Wan Yusof. The sexond pmmtatjon was an overview of MAFREL
election observation mimion proposal for the Pengkabn Pasir by-election p m W by
MAFREL chairperson Abd Malek Hussin.
Support and Endocsernent
For the Pengkalan Pasir election observation mission, MAFREL received the support and
endorsement of 17 domestic and international civil society organizations [see Appendix
2.1).
Many other organizations wem invited to lend support and endorsement, but failed to
i
reply to MAFREL inv tation.

Chapter 3
ELECTION OBSERVATION MISSION
The Tasks
WUh mination of candidates set on November 27 and poiling day on Demmber 6,
2005, MAFREL election observation mission was established to observe lhe entire
.process of the Pengkalan Pasir by-election to include voter registry, election campaign,
polling, counting and tabulation of votes.
The MAFREL mission prepared to undertake the fdbwing tasks:
1) Electoral Rolls Verification
2) Election Campaign Observation
3) Polling Day Observation
4) Training of Candibs' Pdhg and Gounting Agents
5) Voters Education
The Core Team
During the election obsenration mission, MAFREL estabkhed its operations center at JIM
Kebntan headquarters at L#t 314, Bangunan KOSRI, Lomg Merican, Off &Ian Teapot,
15050KotaBhan~~Kebntan. .
The operations center was operabed by a core team of seven persons [see Appendix
3.11:
Head of Mission, Abd Malek Hussin;
Deputy Head of Mission, Abdul Halim Yusof;
Media Analyst, Ong Boon Keong;
Logistics and Finance Officer, Hasnrl Anwr AM Rahim;
Training and Documentation Officer, Ahmad Syauqey Abd Ghani;

Statistical Officer, Ahmad Syahrizal Muhammad; and
FEU OlWer, Munirah Hayati Muhtar.
The Election Observers
Between November 26, 2005 and December 10, 2005, for preelection day, during
electknday and postelection day observation acthrities, MAREL deployed albogether
23 etection obisewers [see Append k 3 23.
MAFREL observers for the Pengkalan Pasir byelection were recru'kd among members
of various civll society organitatlons. Besides MAFREL officials, the election observation
mission comprised of MALVU, JIM and I-Grad adhr'rsts.
Every official member of the election observation mission was issued wlth an official
election observer's tag signed by MAFREL chairperson. There were on official instruction
bo wear their tags while on offidal duties during the election. The tag prominently
displayed a pasport5ized photograph of the observer and the Wlowing infbrmation:
Code Number of Observer
Full Name of Obsenrer
Identification Card Number of Observer
Addressof Obsemr
They received periodic trainings conducted by MAFREL at the operations center in Kota
Bharu during various phases of the election observation period. The observers were
trained bo exhibit the highest Id of personal discretiorr and professional behavbur at
all timesdurkrg theconductdtheirokmdon duties.
All observers were under strict instruction to abi by MAFREL Observers' Code of
Conduct [see Appendix 3.31 which @tnphas~ed on:
Nonpaltisanship;
Neutmlity;
Nonviolence,
Respect for legal regulations;
Voluntary;
f mrity;
Honesty;
Objecwity;
Cooperation;
Trans9aency;
Independence;
Comprehensiveness; and
Relevancy of observation mission.
Ekctkn Obervrtkn <strong>Report</strong>

In case of any breach of the Observers' Code of Conduct, MAFREL retained the right to
dismiss any election observer from its mission at any time.
During the entire Pengkalan Pasir eiection period, none of the observers were reported
or found to breach the Observers' Code of Conduct.
Observation Methodology
MAFREL methodology for eiection observation was designed to achieve an overall
picture of the elecl3on pmess with special focus on wwng the electoral mlls,
obsenring the election campaign and polling day proceedings.
The MAFREL methodology of election observation is both qualitative and quantitative.
For .ts mission in Pengkabn Pasir, MAFREL had designed four types of standard election
observation forms:
M. 1 Election Campaign Observation Form (&rang Pemantawn Kernpen
Pililtanraya) [see Appendix 3.41
M.2 Compbint Form (Bomng Adwn) [see Appendix 3.51
M.3 Polling Day Monitoring Form (Bmng Pemantawn HadMengundI) [see
Appendix 3.61
M .4 Electoral Rdls Verification Form (Borang mjian Da&r Piemilib) [see Appendix
3.71
Observation Procedures
MAFREL election observers were under strict instruction to gather report of their
observation on the basis of primary source of data collection, and not to rely or depend
on secondary source or hearsay.
They were instrucbed to take notes by filling in the relevant standard forms pmvkkd by
MAFREL during the course of their observation.
As physical evidence, observers were instructed to document their obsenmtions by
taking digital photographs of any material evidence of any imgularity and violation.
In any acute case or incident of their observation, the observers were instmckd to relay
immediately of the case or -kident to the Head of Missii for further instrucbion based
on merit.
Ekctkn Olmwvatkn <strong>Report</strong> 7

In addition to filling out forms, MAFREL eledion observers were asked to provide
comments on noteworthy observations or impressions, both on their forms and in oral
debriefings. They were asked b prepare separate written reports on particular incidents
or observations of harassment, threat or violence.
In cases of extreme violence and systematically organized, observers were i n s M to
immediably leave the scene and seek safety elsewhere as electoral conduct under such
environment internationally had been magnized to be void of free and fair election.
Bektg eye-witnesses, the trahwd observers' detailed information provided MAFREL with
accunrtie and rrebble data, which in turn enabled an mraU profile of the entire election
acthrities in be compiled throughout the constituency of Pengkalan Pasir, upon which
MAFREL could draw conclusions based on collective findings of the observers.
Ekctkn Ob#mcrtkn <strong>Report</strong>

Chapter 4
ELECTORAL ROLLS VERIFICATION
On November 29 - 30, 2005 MAFREL conducted a study to research and verify-the
ektml rdls used br N.12 Pengkalan Pasir byelection with a view to ascertain the
auUmWQ of the elecbral mils wi@h a focus on verifying two main issues that relate to
the menwe of '\phanbm voters":
6 Status of Elecbrs Address to check and identify d ubi and false addresses; and
Identity of Electon to check and identffy untraceable and unrecognized electors.
Initially before touching base in Pengkabn Pasir, MAFREL did not include electoral rolls
verifkation as one of the core amties of its election observation mission as envisaged
Cn the original Concept Paper on Election Observation of N.12 Pengkabn Pasir.
However, on arrival in Pengkalan Pasir and after viewing the official electoral rolls of
Pengkalan Pasir, MAFREL felt it necessary to verify the electoral rolls.
A qukk glam of the electoral rolfs shrmred that there were a very substantial number of
elecbon without proper addresses in Pengkalan Pasir, mpelng MAFREL b undertake
an elecboral mlk verification exercise.
It was too obvious that there was a compelling need to verify Pengkahn Pasir ekxbral
rdk in order to ascertain its wcuracy and authenticity.
Oespite the bst minuh? inclusion of the acthrity, it was not problematic for MAFREl to
conduct the e>aercise as it fmsessed wide experience in the field of electoral rolls
verification.
Prior to the 2004 Malaysian .general elections, MAFREL had conducted electoral rolls
verification on the electoral rolls in the Federal Terribory of Kuab Lumpur and the stabes
of Kebntan and Sebngor through random sampling and focused verification
methodoiogy. In 2005 MAREL conducted further research b verify the ekctoral rolls
used during the 2004 elections in the states of Sebngor and Terengganu fdbwing
serious disruption of polling in Selangor .and reporbed massive pesence of "phantom
voters" in Terengganu.
Verification of N.12 Pengkabn Pasir electoral rolls was thus included as one of MAFREL
. ..
mission's main adivkes.

The study was based on the electoral rolls prepared and gazetted by the SPR on August
15, 2005 in compliance wVRh Regulation 9, 10 and 25, Election Regulations (Reg*Wation
of Voters) 2002.
What are the electoral rolls all about?
SPR k the constibrtbnal body solely responsible for the preparation of the electoral rdk
of registered elechors of any electoral constihrency. A set of a pdfng distrid" voters list
is deemed authentic owe gazetted by a single signature of the Kehrz, knd?Rar PemIh
Mah)s& or Chief Registrar of Elecbraks with effect from the date of the gazette.
For each constituency, SPR prepares a set of el&ral mlls containing separate voters
list according bo their respective polling d i
of the oonstituency.
The electoral roHs of Pengkahn Pasir contained 18411 registered electors in 10 polling
districts. Each polling district had varying number of electors, as follows:
Table 1
POLUNG DISIRICTS OF N.12 PENGKALAN PASIR, 2005
Sburae: The Election Commission of Malaysia, August 15,2005
For each polfing district, the SPR prepares a voters list containing 52-i LokaIM
(rempat KW'bm) or a locality list based on residential lacabions and categotized into
two distinctbe status of ekbxs; firstly PemiNh Bbsa or Ordinary Electors, and seoondly
BmIh Fos or Postal Electors.
Electors' residential locality will be grouped and codified accordingly by the SPR.
Electron Obremtion <strong>Report</strong>

For example, in the polling d
follows:
i i of 022/12/05 Kampung Dangar, the Iocalii list is as
702
Table 2
LOCALITIES (RESIDENTIAL LOCATIONS) OF
POLLING DISRICT 022/12/05 KAMPUNG DANGAR,
PENGKALAN PASIR, 2005
POSTAL ELECTORS
Ibu Pejabat Pol's Daerah Pasir Mas
TOTAL OF POSTAL ELECTORS
TOTAL ELECTORS IN POLLING DISTRICT
%urn The Election Commission of Malaysia, August 15,2005
For each set of a polling dktrkt's voters list, the SPft prepares the entire voters list
sorted and serblly numbered according to the identification card number of the
regisbered electors, with sorting priority firstly to the Ordinary Electors and lastly the
Postal Electors.
Sorting of the ekdmal rdls Is done by ananging a! elecbws in sequence:
193
193
1762
Arm, according to their identification card number with priority given tn electors
with the dd seven-digit Identification number,
Next, the sorting will be done by arranging serially according bo the new twelve-
digit identification number; and
Finally, sorting continues to include the Postal Electors with arrangement
aamding b their security servioes Mentification card number.
The final anangernent of a single set of a polling d i i s voters list prepared by tbe
SPR will contain m d s of electors ananged in sequence according to serial numbers.
As such, eery elecbor of a polling district will have a specific Polling Serial Number.
In the gazetted electoral mHs, single records of an elector on each page of a polling
district's voters tist contain the fdlowing data of tfte elector dingly in six wlumns of
information provided by the SPR:

1) Polling Serial Number
2) Identification Card Number
3) Gender
4) FuH Name of Elecbor
5) House Number
6) Locality Code
It must be noted that in the elecboral rolls, there would be ektors recorded to be
without any House Number.
It must be nobed boo that in the preparation of the electoral rolls by the SPR, them is no
proper record of an elecbw's addm because only the how number is dispbyed on
record without its road or stmet's name. On top of that, the kxality of an elector is
shown only by coded number on each page of the electoral rolls. Only a trained eye
would be able to translabe Ute code number of a locality by referring tn the list of
localities' code appeamd in the early page of each poilii electma1 roils.
MAFREL Research Methodology
MAFREL undertook to conduct the electoral rolls verification exercise by using focused
verifkabion on the status of electors address and electors' identity on the bask of data
recoded in the offidal electoral rdls prepared by the SPR fix Pengkalan Pasir by-
election.
Normally MAFREL research methodology of the electoral rolls verification would be by
random sampling of 1000 electm. However this methodology auld not be aplied in
the wum of Feng&abn Pask bydedon. It was practically impossible for MAFREL to
trace and verffy voters through random sampling mett~~~I~kgy under the constraint of
time and lhni resouas. This was further not helped when it was found out that
tkre were more electors without cornpkte addresses making it a daunting task of
tracing each vokr within the time frame of the by-ekction.
Untraceable Electors
Through compuQergenerated analysis of the softcopy of Pengkahn Pasir elecboral rolls,
sorted according to House Number of electors, MAFREL findings showed that 13058
electors or 70.92% were without any House Number at all.
Only 5353 or 29.08% of the electorates were found to have complete addresses. In
MAFREL research terminology, these electors are referred as "Traceable Electors". Those
electors without any House Number or having incornplek address are referred as
"Untraceable Electon".
Ebction Ob8emtion <strong>Report</strong>

MAFREL was unable to conduct research on the high incide~ of electors without
proper addresses in the constituency of Pengkabn Pasir, again due to constraint of time
and resources.
The breakdown of ekcbrs with proper and improper addresses is as follows:
Table 3
ELECTORS AND ADDRESS STATUS
ACCORDING TO POUING DISlRICrS OF PENGKALAN PASIR, 2005
S~U/LR: MAFREL Electoral Rdk Verification, Pengkalan Pasir, 2005
Abnormal Traceable Electors
Further study was made on the Traceable Electors tist bo differentiate between Normal
and Abnormal Traceable Electos.
In MAFREL term, Normal Traceable Electors are eledon registered in an address which
has only a single elector regisbered in it. There are 2755 electors who are Normal
Traceable Electors.
Abnormal Traceable Elecbors are electors registEd in an address which has more than
one elector regiktered in it There are 2598 electors who are Abnormal Traceable
Electors.
MAFREL findings showed that out of 5353 Traceable Electors, 51.47% are Normal
Traceable Electors and 48.53% of them are Abnormal Traceable Electors.
Ektion Obmmtkn <strong>Report</strong>

Abnormal Single Address
Further analysis was made to the Traceable Electors to check the extent of address-
sharing of a Single Address by these electors and tr, compile a full list of Single Address
with numerous electors regisbered in them. This was done through a camputmized
system of sorting and compiling records of Traceable Electors In order to generabe lists
of Single Address with stratified number of electors regiskred in them.
Th6 Single Address lists were compiled according to the bllowing strata:
Strata A - Single Address reg'ktering two to fnre elecbors;
Strata B - Single Address regisbring six to ten electors;
Strata C - Single Address reg'kbring eleven to fifteen electors;
Strata D - Single Address registering sixteen to twenty eiecbors; and
Strata E - Single Address registering more than twenty electors.
The stratification of the Single Address lists and number of electors is as follows:
Table 4
STRATIFICATION OF SINGLE ADDRESS, PENGKAIAN PASIR, 2005
9um. MAFREL Electoral Rolls Verification, Pengkalan Pasir, 2005
For Pengkalan Pasir in particular, MAFREL had adopted to categorize Strata A of Single
Address registering two to five electors as 'Normal Single Address". The addresses of
Strata A were deemed as normal as it is common and generally acceptabk for any
addmss to have between two to five registered e
society.
l m in the context of the Malaysian
i
Strata 6, C and D were cons dered as "Abnormal Single Address" and Strata E as
"Chronic Single Address". Traceable Electors registered in an Abnormal Single Address
were considered as "Abnormal Tra~able Electors".
Election Obsemtion <strong>Report</strong>

The stratification of Single Address according to the respective polling districts of
Pengkalan Pasir is as follows.
TaMe 5
SINGLE ADDRESS ACCORDING TO STRATA IN
POLUNG DIWCTS OF PENGKALAN PASIR, 2005
9um MAFREL Elrxbral Rolls Verification, Pengkalan Pasir, 2005
Top 10 A b m l Single Addresses
i
MAFREL had listed top ten Abnormal Single Address premises wh ch registered unusual
high number of electors, as follows:
Table 6
TEN HIGHEST INCIDENCES OF ELECTORS
REGISTERED IN SINGLE ADDRESS, PENGKALAN PASIR, 2005
Sourae: MAFREL Electoral Rolls Verification, Pengkalan Pasir, 2005
Ekctkn Ob..nntkn <strong>Report</strong>

Verification Methodology
For its electoral rolls verification program in Pengkalan Pasir, MAFREL concentrated only
to research on Strata B and Strata C which mered a total of 47 Abnormal Sile
Address and 362 Abnormal Traceable Ektms in 7 polling districts. There was no
relevancy bo research on Stmta D and E.
The research was condudEd through focused vlerification by deploying observers as eye -
witness bo dekrmine the awl status of each Abnoml Single Address and the identity
of the every Abnormal Traceable Eleebors regWered in the address.
In this focused verffication method, MAFREL used the following steps in sequence:
Retrieving Single Address list of Sbata 6 and C atmrding to qxxthe Polling
Disbicts and Localities;
Pmring a Verification Sample Set of each rehnt address containing records of
House Number, Number of Electors registered using that particular House Number
and List of E W m with their particulars to indude Polling %rial Number,
Identification Card Number, MI Name and Gender;
Organizing adeqwbe observation personnel and their timetable to trace status of
Abnormal Single Address and to identify precisely the identity of Abnormal
Traceable Elecbxs kled accuding to the Vedkation Sample Set;
Conducting field observatbn to gather and record data in a standard Elecboral
Rolls Verification Form; and
ColWng and analyzing data.
Field Observation
To conduct the ekctoral rolls verification exerdse,' MAFREL fielded fifteen trained
observes for two consecutive days on November 29 and 30, 2005 commencing at
9.00am and ending at 5 .00~ daily. They were to verifL 47 specified Abnormal Single
Address covering a btal number of 362 Abnonnal Traceable Electors of Pengkabn Pasir.
There were trained to conduct field observation and in-person interviews to gather
relevant respome to questionnaires specified in the standard forms provided by
MAFREL.
The Questionnaires
The observers were required to provide objective answer to a set of questionnaires
related to the Status of Address and the Identity of Electors, as follows:
Ekctkn Ob..rvrtkn <strong>Report</strong> 16

Address:
1) Are you able to trace the address location of the elector? Yes/No
2) Does the address data registered in the electoral rolk axrespond with the actual
address? Yes/No
3) Nature of address prem'be: (a) a residential prem'ke, (b) a shop-house, (c) a
commercial premise, or (d) a government building [The observer wouM note tfie
relevant answer in b?e fbmr]
4) Are you generally satisfied with the address information? Yes/No
Elecbors:
5) Are you able to gather informatbn on the e m ? Yes/No
6) Does the eWr reside at the address? Yes/No
7) Are you able to meet the elector? Y&/No
8) Are the personal data (gender, age and race) of the elector correct? Yes/No
9) Are you satisfled with the authentDdty of the ekcbr? Yes/No
On completion of the obsewers' field observation, on December 1, 2005 a debriefing
was held to gather all the verification forms. All the 47 Sample Sets were returned and
found to be statistically mptable within the scope of MAFREL research methodology.
Evq observer was cms-examlned on any negatsve reply to the questionnak in order
to ensure accuracy and reliability.
Micro Findings
On December 2, 2005, aR data gathered were analyzed. The micro findings of the
verification from a total sample set of 47 addresses are as follows:
E m
No.
1
2
3
4
Table 7
vERmcAnoN DATA OF ABNORMAL SINGLE ADDRESS
WITH SD( OR MORE ELECTORS, PENGKALAN PASIR, 2005
QunrHannakcson~Status
Am you able to trace the address location of the
elector?
Does the address data regisbered in the electoral
rolls axrespond with the actual address?
Nature of traceable addresss:
i
(a) Res dential premise
(b) ShOP-hOuse
(c) Commercial premise
(d) Government buiMinq
Are you generally satisfied with the address
information?
Sbum MARL Elecboral Rolls Verification, Pengkalan Pasir, 2005
Obsenntkn <strong>Report</strong>
29 64.44%
16 35.56%
0 0.00%
0 0.00%
Yes
45
95.74%
40
85.11%
40
95.74%
No
2
4.26%
7
14.89%
7
4.26%

Table 8
VERIFICATION DATA OF ABNORMAL TRACEABLE ELECTORS,
PENGKAlAN PASIR, 2005
SWm MAFFEL Electoral Rolls Verification, Pengkalan Pasir, 2005
No& The total of sampled electors was 362 persons
Media Statement
On December 3, 2005 MAFREL issued a medii statement to release its findings
highlighting three main irregularities of the Pengka Ian Pasir electoral rok:
70.92% of the elecbmbes were fwnd b be without any house address;
4.26% of addresses egistering six or more electors were found to be non-
existent; and
20.44% of the electors in traceable addresses were unrecognized by the house
owners or tenants of the addresses.
MAFREL statement ako emphasiied that the polling pmxss of the Pengkabn Pasir by-
eiectbn would be exposed to the problem of unrecognized v-rs and the posslbilii of
impersonation.' Subsequently MAFREL called upon polling agents of candiiks and
poliil parties to be more alert arid cautious during polling to determine that only
qualified and genuine electors were allowed to vote, and to avoid the voting process be
seriously undermined by systematic presence of "phantom voters".
The statement was carried by Malaysian abrnative media such as Sbsah, independent
portal newspaper lclbbysbkini and PAS-owned Mrakahabib. None of the mainstream
media took notice.
Ekctkn Obsenntbn <strong>Report</strong>

Chapter 5
ELEOlON CAMPAIGN OBSERVATION
The political campaign
Pre-Nomination
Despite nominatbn being set on November 27, 2005, unofkial and covert campaigning
by pditbl parties and candidates book place with great intensity within the Pengkabn
Pasir constituency weeks before nomination.
Taking advantage of the monthlong Muslim estive season of Syawal, BN and PAS held
elaborate public gatherings to reach out supporters and elecbws.
BN aslition federal government ministers under the gu'm of official ministerial functions
came to campaign pubkly Wing electorates to vote for BN in the forthcoming by-
election. There were repotis about BN state leaders handing out food, dothing, cash
and other makrial handouts to the public during gatherings held befom the election.
PAS Kelantan state liaison amnittee shii its offidal Muslim Eid gathering from Kota
Bharu to Pasir Mas gaining maximum political -fit out of the function. The function
was held on November 7,2005.
Former Pasir Mas MP Dab' Ibrahii Ali held a public gathering at Dewan Majlis Daerah
Pasir Mas on November 5, 2005 and took the opportunity to spell out hk inbention to
contest the Pengkalan Pasir by-ekctbn on an independent pbtfwm, more than three
weeks ahead of nomination day.
Election Campaign Period
Election campaign began immediately after the nomination of candidates. With
nomination on November 27 and polling on December 6, the SPR set a short campaign
period of eight days, allocating barely more than a day under the minimum legal
requirement of specifying dabe of polling not being less than sewn days after the day of
nomination.
Overall, during the election campaign period, there was obviously a marked change in
the campaigning method of all political conbestants by concentrating on house-to-house
visits and having less largescale political gatherings.
PAS organized the largest pol'il gathering during the entire campaign period on
November 29, 2005 at Pasir Mas mini stadium with speaking engagement by former

Deputy Prime Minister Dab' Sen Anwar Ibrahirn and Kelantan Menteri Besar Dab' Nik
Abdul Azii Nik Mat drawing a crowd of more than 10,000 people.
There was daily presence of many federal ministers including the Deputy Prime Minister
Datuk Seri Najib Tun Razak who spearheaded BN campaign in Pengkalan Pasir.
Despite of former UMNO strongman Dab' Ibrahirn Ali contesting as an independent
candidate, the election campaign was overwhelmingly dominabed by BN and PAS.
Campaign Resources
The election apparently became a conkst between the federal ruling party of BN and
- stabe government party of PAS, both capitaling gwemmental resources at their
disposal during the eledion campaign.
BN federal ministers campaigned with some pledging fedeml aid b draw support of
voters for BN candidate.
PAS also took advantage of stak government administrative resources to organize
functions within the constituency during the election campaign.
Dab' Ibmhim Ali, as an independent, was the sole candidate campaigning with private
resources.
The Observation
Within the short campaign period, MAFREL undertook to organize its observation to
document on the follawing electoral irregubribies and violations:
A. Excessive election spending
B. Abuse of government resouroes
Excessive Election Spending
As stipubbed under Section 19(1) (b) of the Election Offences Act 1954, it is an offence
for candidate of a stak assembly ekction b spend more than one hundred thousands
Malaysian Ringgit.
Election spending under Section 23(1) of the Act, as formulated under Form B, would
include accounting for the following expenditures:
Payments to agents, clerks and dispakhers
Travel expenses for others .
Printing
Ebctkn Obsemtion <strong>Report</strong>

Advertising
Stationery
Postage, telegram and telephone
Space rentals for public gathering or for operation centers
Licenses
MAFREL initially planned to conduct an unprecedented task of collecting data and
documenting evidence to track the election expenses of Pengkalan Pasir byeletion
candidates. However, a comprehensive election spending observation was not possible
due to limitation of access to information on administrative expenses.
MAFREL decided to give focus to document structural expenses such as billboards, giant
balloons and operation centers of candidabes.
On Decern ber 3, 2005 MAFREL fielded two teams of observers to record footage of the
physical evidence of election spending. While work was in progress, MAFREL chairperson
AW Malek Hussin was called by the Pasir Mas pd'b district for investigation on MAFREL
voters' education flyers following an SPR report It caused an abrupt interruption of the
observation and unduly time loss as the observers responded to the situation and lent
moral support to the Head of Mission.
As a result, only limited photographic evidence was compiled by MAFREL observers.
Micro Findings of Excessive Election Spending
MAFREL team of election observers documented photographic evidence on
December 3, 2005 of obviously excessive election spending by BN and PAS with
footage of large billboards, giant balloons and operation centers of political parties
in all polling distrtrlcts of Pengkabn Pasir.
MAFREL beam of election observers documented that BN had opened one BN state
operations room, one each for BN Youth, Wanita WMNO and Puberi UMNO wings,
14 BN polling district operations m s , 10 UMNO state liaison committee
operabions centers, one BN parliamentary backbenchen (BBC) operations mom,
one 48 Youth Movement operations center and one exservicemen operation
center for a total of at least 31 operations rooms working for BN candidate in
Pengkalan Pasir.
MAFREL team of election observers documented that PAS had opened one Mahz
Besar, 10 polling district operations room and one media center for a total of at
least 12 operations rooms in Pengkalan Pasir working for PAS candidate.
Abuse of Government Resources
During the election campaign period, MAFREL observed four highprofile functions
organired by BN and PAS and organize two Wms to observe and record any utilization
Ekctkn Observation <strong>Report</strong> 2 1

of government resources for pd'il party campaign purposes. For each function, the
team was provided with standard M.l Election Qmpaign Observation Forms and
equipped with digital camera and video cam to document irregularities and violations.
1) Majlis Mesra Aidilfibri Pemimpin Bersama Pegawai Kerajaan
On December 1,2005 at 9.30am Prime Minister and BN chairperson Datuk Seri Abdullah
Ahmad Badawi attended Ma/& Mesra AkjilFbi Pemimpin Bersama Pepawai Kermn, a
reception with more than 1,000 civil servants of the federal government departments in
conjunction with MusKm Ed celebration at the hall of Sekobh Jenis Kebangsaan (C) Yok
Eng in Pasir Mas.
Election observers Mohd Hussein Isrnail [UC 470201-11-53031 and Hasrul Anuar Abd
Rahim [800210-1459331 documented that:
Prime Minister Oatuk Seri Abdullah Ahmad Badawi, Minister with Special Functions
Dato' Mustapha Mohamad and WMNO Kelantan state chairperson Dato' Annuar
Musa spoke at the function w -i clear message urging to vote BN candidate Hanafi
Mamat who was also present and later introduced to the audience before the end
of the function.
Wiin the school compound there were numerous party paraphernalia such as BN
fbgs and banner.
Government resources such as offidal Perdam car with Federal Government crest
and pd'i escort riders were used for the function.
Food and refreshment were served to the crowd after the fundion ended at
11.05am.
2) Majlis Pemimpin Bersama Rakyat
On December 1, 2005 at 11.30am Prime Minister and BN chairperson Datuk Seri
Abdullah Ahmad Badawi attended Majks Pemhpin Bemama ~akya% a raption with
500 people in conjunction with Abdullah's visit at the compound of Sekolah Kebangsaan
Banggol Chirha in Pasir Mas.
Election observers Ong Boon Keong [60112142-51291 and Munirah Hayati Muhtar [I/C
78082943-54921 documented that:
Several young children wearing Pubera UMNO caps and tshirts were seen waving
the wing's oWml flag outside the school compound to welcome Abdullah.
Prime Minister Datuk Seri Abdullah Ahmad Badawi, UMNO Kelantan state
chairperson Dab' Annwr Musa and UMNO Pasir Mas divisii chief Dato' Abdul
Ebctkn OIwemtkn <strong>Report</strong> 22

Rahim Abdul Rahman spoke at the function with dear message urging to vote BN
candidate Hanafi Mamat who was ako present.
Govemment re sou^^^ weE used for the function such as official Perdana car with
i
Federal Government crest, pol ce escort riders and public school premise.
Within ~JE school compound, there were numerous of party paraphernalia such as
BN flags, banners and giant balloons.
Food and refreshment were sewed to the crowd after the function ended.
3) Majlis Plow Menstabilkan TeMng Sungai Kebntan
On December 1,2005 at 3.00pm Prime Minister and BN chairperson Datuk Seri Abdulbh
Ahmad Badawi ofkiilly bunched Majlis Pek tWnstaW1kan Tebing Suwi Kehntm, a
fkod mitigation prefect attended by more than 500 people near the Kehntan River at
Kampong Jias in Pasir Mas.
Election observer Ong Boon Keong [60112142-5 129 J documenkd that:
Prime Minister Datuk Seri Abdubh Ahmad Badawi spoke at the function
announdng federal ahation to the flood mitigation project.
Wiin the function compound there were numerous party paraphemlb such as
BN fbgs, banners and giant balloons.
Govemt resources such as official PeKlana car with Federal Gowmment crest,
police escort riders and RELA personnel were used at the function.
Food and refreshment were senred bo the crwd after the function ended.
4) MaJlis Penyeratran Surat Perlantllcan Psmaju 6agl Pembangunan Pasar
Besar Pa* Mas dan Magis Peyampaian Bantuan Penyakit hnik
On December 4, 2005 between 9.00am and 1.30pm a Majlis Penyemhan Sumt
Penbntikan m j u &gi Pem&ngunan Pasar Bar Pas& Mas dan Mjlb Penyampahn
&ntUan Pew&@ Km& an official function to announce development of a new market
building and welfare handouts bo sufkmrs of chronic diseases, was organized by the
Kelantan slate government near the roadside wSRhin the vicinity of the dd market in
Pasir Mas. The function, atbended by 200 participants, was scheduled to be officiated by
Kebntan Menteri Besar Dab' Nik Abdul Aziz Nik Mat.
MAFREL team of five observers documented that:
Deputy Menteri Besar Ahmad Yalcob, Kelantan state government executive
councibr Takiyuddin Hassan and Pasir Mas MP Ismail Noh spoke at the function to
Election Ob.enntkn <strong>Report</strong> 23

call for PAS mandate to be retained and tacitly support PAS candidate Hanifa Mat
Yatim who was also present.
A special huge billboard on the proposed development of Pasir Mas new market
building was e& near the function compound.
State government administrative resources from the Majlis Daerah Pasir Mas such
as personnel, chairs, canopies and vehii were used for the function.
Welfare handouts were gkn to participants towards the end of the function.
Media Coverage
MAFREL noted that there was unambiguously biased coverage of public media especially
stabemned belevisbn stations N1 and NZ providing daily news reports with absolute
advantage to BN cadibe during the entire eledion campaign period.
Major private television stations N3 and NNl, and mainstream newspapers New
SbaitF 77mes, rite Sfar, BerlYa M&n, Utusan Mabysh, Nanyang SMw Pa4 Sin Cnew
I# Pah were not providing the Pengkrlan Pask ekbrate with sufficient and balanced
hforrnation bo make an informed choke
MAFREL noWl #at twiionthly pofitical party newspaper Harakah sewed bo provide
werage only for PAS candidate during the byekction.
It was cabegorically observed that among all the domestic media, portal newspaper
W&ys&kin/ and twioemonthty news tabkid Shsh provided the only d'mnsion of
independence, neutrality and balance reporting of the Pengka Ian Pasir by-election.

Chapter 6
POLLING DAY OBSERVATION
MAFREL had planned to observe all phases of the election process to include voting,
wunting and tabulation of votes. To enable a comprehemii observation of the by-
ekxtbn, MAFREL organized its observation to be conducted in all polling centers of
Pengkalan Pasir and applied for w@en permission to the SPR fbr accreditation to enter
and observe the pmazses.
On November 30, 2005 MAFREL officiilly submitted its application to SPR secretary
Datuk Kamaruzaman Mohd Noor who rejected the application through a let&?r dated
December 4,2005.
Undeterred by the official denial, MAFREL continued to conduct b observation, but
limiting only to observe the polling environment and activiis outside all polling centers.
0 bservation Methodology
On Election Day of December 6, 2005, MAFREL fielded 18 observers to aver nine
polling centers as follows:
1) Sekolah Kebangsaan Banggol Chicha
Observers: Wan Ab Halim Wan Ismail and Tengku Ahmad Damibi Al-Astani
2) Sekobh Menengah Kebangsaan Perempwn Pasir Mas
Observers: Ong Boon Keong and Moharnrnad Hafizuddin AWul Mukti
3) Sekobh Menengah Kebangsaan Kubang 8emban
Observers: Abdul Harm Yusof and Mohd Himuddin Ghazali
4) Sekolah Menengah Kebangsaan Sultan Ibrahim (2)
Observers: Mohd Nuri Mustat3 and Mohd Fadzil Mahmud
5) Sekdah Kebangsaan Sultan Ibrahim (3)
Obsewers: Abd Malek Hussin and Munirah Hayati Muhtar
6) Sekolah Kebangsaan Dato' Abdul Hamid (2)
Observers: Ahmad Syauqey Abd Ghani and AWul Mahadi Mahamud
7) Sekdah Kebangsaan Dato' Abdul Hamid (1)
Obsenrers: Haml Anwr Abd Rahim and Mohd Amiruddin Mohd Nawi
Electkn Ob.emtkn <strong>Report</strong>

8) Sekdah Kebangsaan Tanjong Chenak
Observers: Mohd Hussein Ismail and Hasan Yusof
9) Sekola h Kebangsaan Mekasar (B bk Lama & Blok Baru)
Observers: Mohd Rashidam Ahmad and Abdul Rashid Abdul Lateh
For the observation, standard M.3 Polling Day Monitoring Forms were provided by
MAFREL to all observers in order to document their observation. Specific instruction was
given to bring along digital camera to record any footage of interest and relevance to
the obsetvation missinn.
Every member of MAFREL polling day observation beam was issued with a MAFREL
Pemtau Han' #iwgund/ w Election Day Obsewr tag displaying an observer's digital
passport-sized photograph, full name, identification card number and tag code number.
MAFFEL issued spedfic instruction to all the observers not to enter the polling centers to
avoid any complication with the bw and the election authority since oWil accreditation
was denied by the SPR.
Due to security lax at some polling centers allowing entry of non-acdited passersby,
MAFREL observers managed t~ cmduct observation inside the compound of Sekobh
Kebangsaan Banggol Chkha and Sekota h Kebangsaan Dato' AWul Hamid (1).
In all polling cenbers MAFREL observers were not denied access to the k
bnwn &&empen (campaign prohibition zone area).
a ~ zon n
MaFREL polling day observation was canied out in all polling centers on December 6,
2005, from oommencement of polling at 8.00 am until its dosing at 5.00 pm.
The observers attended and presented their findings based on records and photographic
evidene in a debriefing session held on December 7,2005 in Kota Bharu.
The Obsenration
MAFREL undertook to organize its observation to document irregubrities and violations
on the following poling day activis:
A. Polling environment
B. Voting, cwnting and tabulation of votes
Polling Environment
The polling environment was reporbed to be generally calm and v-blence-free without
serious disturbance and &OW situation as to cause extension or complete disruption of
the election process. There were massive deployment of political party work& and
Ekctbn Otmmtion <strong>Report</strong> 26

campaignen with high inensity of campaigning activities and voter rapprochement
There was massive traffic jam in all roads in Penglebn Pasir on Election Day due to
heavy flow of traffic and congregation of thousands of party supporters along the
roadside leading to a! @ling centers.
Macro Findings
Based on completed M3 Polling Day Monitoring Forms returned and photographic
evidence presented by the election observers, MAFREL concluded the folbwing macro
findings of the overall palling environment on Election Day of Pengkalan Pasir by-
election:
1) Intimklating massive presence of police personnel.
2)
3)
4)
5)
6)
Questbmble operation of party booths.
Illegal systematic party campaigning.
Illegal practice of approaching voters.
Menace of "phantom voters".
i
Incidence of tenson.
Micro Findings
HAFREL compiled the ming miw findings of ektotal irregularities, violations and
offences on Election Day of Penglcabn Pasir byektion:
1) Massive presenoe of police personnel
Election observer Abd Malek Hussin [I/C 560814-06-54671 documented that on
mmber 6,2005, police Special Branch personnel manned a video camera within
the k amn zon &/anpan betkernpen of Sekdah Kebangsaan Sultan Ibrahim (3)
polling amber to recad f.ootage of every vokr.
Election obsenter Abdul Halim Yusof II/C 601104-03-50771 documented with
photographic evidence that on December 6,2005, police Special Branch personnel
manned a video camera in front of the main entrance of Sekdah Menengah
Kebangsaan Kubang Bemban polling center bo mrd footage of every voter.
2) Questkrrabk operation of party booths
Eiocdkn CMmmatkn <strong>Report</strong>

i
MAFREL team of election observers documenbed w th photographic evidence that
on December 6, 2005 all poril conkstants tn include BN, PAS and independent
candidate had operated booths at all nine polling centers on Election Day. Such
practices are deemed an offence under Section 26(l)(c), Election Offemes Act
1954.
3) Illegal systematic party campaigning
MAFREL team of election observers doarmenbed with photographic evidence that
on December 6, 2005 BN and PAS systrematkally deployed numerws party
campaigners b approach voters to solicit support for their respective candidates at
every polling centers on Election Day. Such pmtices are deemed an offence
under Section 26(1Xf), Election Offences Act 1954.
4) Illegal practice of approaching voters
Election observer Abd Malek Hussin [I/C 5600144654671 docurnenbed that on
December 6,2005 at 1.10 pm Puberi UMNO Langkawi divkin chief Hisham, while
femying disabled voters in wheelchair, campaigned discreetly w*#in the kawasan
zon &tangan bedempen for voters to vobe for BN candidate at Sekobh
Kebangsaan Subn lbrahim (3) polling center. Such practice is deemed an offence
under Section 26(1Xd)(iii), Election Offences Act 1954.
5) Menace of "phantom voters"
MAFREL documented the menace of "phantom voters" attributed to acts of busing of
voters, multiple voting and fiauds:
Election observer Abd Makk Hussin [560814-065467] documenbed on December
6, 2005 a repoit by Merdeka Center exleaRive director Ibrahim Suffian that
unuswtly large convoys of 26 buses of mostly Mahrwi bus. company coaches fully
laden with passengers were reported along Kwla Lipis - Gua Musang road
heading towards Kebntan.
Election observer Mohd Rashidam Ahmad [IIC 820404-03-50011 documented that
on kcember 6, 2005 at 1.30 pm a bus believed to be canying several non-
resident voters was stopped by PAS supporters at a junction near Tendong in Pasir
Mas.
Election observer Wan Ab. Halim Wan Ismail [I/C 5410184342631 documented
that on December 6,2005 between 4.00 - 5.00 pm two Malay male electors were
reported bo have voted more than once at Sekolah Kebangsaan Banggol Chicha
polling center.

Election observer Mohd Hussein Ismail [I/C 470201-11-53031 documented that on
December 6, 2005 at 2.45 prn a Malay male Yusof Bin Harun [I/C 48102443-
54011, an elector with serial number 623 of Slow Machang polling district, was
denied voting rights at Sekdah Kebangsaan Tanjong Chenak after record at the
SPR &mng or voter checking booth showed that someone else with similar
identification card had fraudulentty voted for him.
Election observer Mohd Nuri Musthafa [I/C A21497061 documented that on
December 6, 2005 at 3.35 prn an unidentified person had fraudulently voted for a
reporbedly dead ekctw B&&h Binti Ismail [I/C 190803-03-52401 with serial
number 28 of Kampung Bharu polling district at Polling Station No. 1 of Sekohh
Menengah Kebangsaan Sultan Ibrahim (2) pdling center.
Election observer Munirah Hayati Muhtar II/C 780829-0354921 documented that
on December 6,2005 at 2.15 pm two electon with recorded residential addresses
in Seremban of Negeri Sernbilan appeared at BN booth at Sekolah Kebangsaan
Sultan Ibrahim (3). PAS booth chief lodged an ofkial complaint to the presiding
officer on their presence alleging they were "fathom voters".
6) Incklence of tension
MAFREL documenbed seven incidents of tension attributed to attempts of gate crashing,
and provocation by polins:
Election observer Ong Boon Keong [601121-02-51291 documented that on
December 6, 2005 at 10.00 am Deputy Prime Min&r and BN deputy chairperson
Datuk Seri Najii Tun Razak appeared with his entourage at Sekobh Menengah
Kebangsaan Perempwn Pasir Mas, and walked past the kawasan zm &/awn
krkermpen, but was prewnbd by several PAS suppo~ from entering the
polling center. He did not en& and left in a waiting offidal car.
Election observer Abd Malek Hussh p/C 560814-065467] documenbed that on
December 6, 2005 at 3.00 prn PAS candi Hanifa Mat Yah appeared at
Sekohh Kebangsaan Sultan Ibrahim (3), and ampanied by his assistant who
was pre~nbed from entering the polling center. There was an argument between
an SPR official and the PAS candidate who insisted that his assistant was eligible
to enter. MAFREL election observer intemned and pointed out tn the PAS
candIdatE that the assistant was ineligible as he was without official aareditiin.
The matber was put to rest when the assistant willingly declined to enter the
polling enter.
Election observer Mohammad Hafizuddin Abdul Mu& [I/C 790201-06-56791
documented that on December 6, 2005, UMNO Youth deputy chief Khairy
Jamaluddin appeared at Sekdah Menengah Kebangsaan Perempuari Pasir Mas and
sh- pdil slogans catising tension within the vicinity of the polling center.
Ekctkn Obrewatkn <strong>Report</strong>

Eledion observer Wan Ab. Halim Wan Isrnail [I/C 54101843-52631 documenbed
with photographic evidence that on December 6, 2005 at 10.42 am, UMNO Youth
deputy chief Khairy Jamaluddin appeared at Sekdah Kebangsaan Banggol Chicha
and shouted political slogans causing tension within the vicinity of the polling
center.
Election observer Mohd Nuri Musthafd [I/C A21497061 documenkd that on
December 6, 2005 at 11.50 am UMNO Youth deputy chief Khairy Jamaluddin
appeared at Sekolah Kebangsaan Sultan Ibrahim (2) near the kawasn zon
brawn Mampen and shouted politkal sbgans causing tension withim the
vicinity of the polling center.
Efection observer Mohd Rashidam Ahmad [UC 82040443-50011 documented that
on December 6, 2005 at 2.15 pm, UMNO Youth deputy chief Khairy Jamaluddin
appeared at Sekobh Kebangsaan Mekasar and sha~ted political slogans causing
tension within the vicinity of the polling center. At 3.00pm he attempted to enter
the polling mter but was prevented by several PAS supporbers. An ugly incident
was averted when police Federal Reserve Unit personnel intervened.
Election observer Mohd Rashidam Ahmad [I/C 820404-03-50011 documented that
on December 6, 2005 at 2.30pm UMNO Youth chief Dato' Hishamuddin Tun
Hussein appeared at Sekoiah Kebangsaan Mekasar and tension provoked between
BN and PAS supporters when a plastic mineral bottle was thrown towards him by
unidentified person.
7) 1 ncidence of corrupt pracb'lces
MAFREL documented four incidents of coriupt practices attributed to attempts of vote
buying and provision of food and refreshment to voters:
Election observer Had Anuar AW Rahii NC 800210-14-59331 reported that on
December 6, 2005, a Chinese female Chw Ang Choe WC 251017-71-53681, an
elector with serial number 62 of Polling Statbn No. 2 of Sekobh Kebangsaan Dab'
Abdul Hamid (1) polling center, was given a cash handout of RM50.00 in the
morning of Election Day by MCA branch treasurer Low Lay Nee as cash
inducement to vote for BN. Such practice is deemed an offence under Section
10(a), Election Offences Act 1954.
Election observer AM Malek Hussin [I/C 56081446-54671 documented a verbal
complaint from Or Othrnan Md Zain [UC 630114-03-53231 on December 7, 2005
at 6.00 pm that his adopted sister, Mariani Binti Abdulbh [I/C 76102446-55001,
an elector with serial number 2175 of Polling Station No. 5 of Sekolah Kebangsaan
Mekasar (Bbk Lama) polling center, was given a cash handout of RM1OO.OO
before voting and a M r RM1OO.OO afbr voting as cash inducement to vote for
BN. Such practice is deemed an ofknce under Section 10, Election Ofknces Act
1954.
Ekctkn Obsemtkn <strong>Report</strong>

Election observer AM Malek Hussin (I/C 560814-06-54671 documented with
photographic evidence that on December 6, 2005 at 10.56 am, food and
refreshment were provided to voters at a premise no. Lot 191 Kampung Dangar
which served as a BN catering center for its polling party workers of Sekolah
Kebangsaan Sultan Ibrahim (3) polling center. Such practice is deemed an offence
under Section 8, Election Offences Act 1954.
Election observer AWul Halim Yusof [I/C 601104-03-50771 documenbed that on
December 6, 2005 at 9.22 am, a vehicle with registration number WLV 3166
anived and unloaded boxes of refreshment at a BN booth at Sekolah Menengah
Kebangswn Kubang Bemban meant to serve voters and party worken. Such
practioe is deemed an offence under Section 8, Election Offences Act 1954.
Voting, Counting and Tabulation
i
Due to SPR denial of official accred tation, MAFREL election observers were unable to
document any observation and findings of the vital election processes of voting,
counting and tabulation of votes.
In spite of that, MAFREL relied on wstrlctive observation and in-person intenriews with
paity agents to gather data on the polling, counting and tabulation pmesses. Generally
the election process in all polling and counting stations were reported to be smooth,
reflecting adequate training of election personnel and sound arrangement of the
process.
After dosing of voting, counting was eporWiy smooth in all counting stations. hwn all
polling centers, election materials including sealed baht boxes were tramporbed in the
official tabulation center at Sekolah Menengah Kebangsaan Sultan Zbrahim (1) in Pasir
under police escort.
Macro F ~ s
MAFREL concluded the Mowiig macro findings of inadequacy, mixonduct and
irregularity of the voting, counting and tabulation pracesses:
1) Inadequacy of SPR &rung (booth) ficilii
i
2) M sconduct of presiding officer
3) Questionable hgh pemtage of rejected postal ballots
Micro Findings
MAFREL compiled the following miao findings of inadequacy, misconduct and
irregularity:
Electkn Ob.erv1Uon <strong>Report</strong>

Inadequacy of SPR tra~ngfacil'ky
Election observer Abd Malek Hussin [I/C 560814-06-54671 documented that on
December 6, 2005 a Malay elector who, after being verified as unlisted in the
electoral rolls upon checking at the SPR hmng or booth at Sekobh Kebangsaan
Sultan Ibrahim (3), cwM not further check his voting information because a
complete set of Pengkalan Pasir electoral rolls was not provided for and a
computerized checking system was not installed at the harung.
Election observer Wan Ab. Halim Wan Ismail WC 541018-03-5263] documented
with photographic evidence that on December 6, 2005 at the SPR b~ng of
Sekolah Kebangsaan Banggd Chicha, the SPR personnel was not provided with a
complete set of Pengkabn Pasir electoral rolls and a computerized checking
system was not installed at the lwmng.
Election observer Hasrul Anwr AW Rahim [I/C 800210-14-59331 documented that
on December 6, 2005 at the SPR h~ng of Sekolah Kebangsaan Dato' Abdul
Hamid (I), the SPR personnel was not pmvVlded with a complete set of Pengkalan
Pasir electoral mUs and a computerized checking system was not installed at the
ba~ng.
Mi-nduct of presiding officer
EIection observer Abdul Mahadi Mahamud [UC 840314-06-56511 documented an
interview w'8h bwyer Othman Mohd Nor that on December 6, 2005 a disabled
Malay female Fatfmah Binti Daud BC 290821-0353221, an elector with serial
number 123 of Polling Station No. 1 of Sekolah Kebangsaan Dato' Abdul Hamid
(2), compbined that she was denied accompany of her daughter Zubaidah Binti
Mohd Zin NC 6601254355781 t~ cast her by the presidimg officer despite
her daughter, an ekbr with serial number 1334 of Pdling Station No. 3 of the
same pdri cenlr, filling in an identity decbration set out in Fom 10 in the First
Schedule under Section 19(7), Elections (Conduct of Elections) Regulations 1981
[see Appendix 6.11. Subsequently the presiding officer marked the mother's ballot
paper w-khout showing his marking to her and disregarding her choii.
Questionable high percentage of rejected postal ballots
Election obsener Abd Malek Hussin [IJC 560814-06-54671 documented an
interview with PAS state! election department executive officer Wan Nik Wan
Yusoff Ngah in Kota Bharu on December 8, 2005 that after a recount of votes at
the officiil tabulation center on December 7, 2005, it was found that out of 216
postal electors, amsisting of 195 police personnel and 21 SPR personnel, 213
ballot papers were returned of which 170 were accepted as valid and 43 were
ejected. tie questioned how the ejected ballots could mrd an unusually high
percentage of 20.19% of all returned- postal ballots.
Ekctkn Obsemtion <strong>Report</strong> 32

Chapter 7
CHALLENGES INDEPENDENT OBSERVATION
The main obstacles and challenges faced by MAFREL as an independent domestic
election observation arganization in the recent Pengkabn Pasir byelection were chiefly:
A. SPR denial of accreditation
B. Police harassment of observers
SPR Denial of Accreditation
Since .ts inception in October 2003, MAFREL maintains an official position bo forge
prokssional and constructive relationship with SPR despite widespread public criticism
over conduct and supervkii of the March 2004 general elections which saw chaotic
poling environment and prooesses all over Seiangor on Election Day resulting to
unpreoedented two-hour extension of polling.
Relation was fist establkhed between SPR and MAFREL since early May 2005 through
series of corresponden- relabed to MAFREL Electoral Rdls Verificathn Project 2005 and
Sarawak State Assembly General Electbn Observation culminating into an dficbl
meeting between SPR and MAFREL officials on May 17, 2005 at SPR headquarks in
Putrajaya.
In the meeting, SPR ww then represenbed by five officials:
1. Chairman Tan Sri Ab Rashid Ab Rahman
2. Deputy chairman Dato' Wan Ahmad Wan Omar
3. Secretary Kamannaman Mohd Noor
4. Deputy secretary Abdul Halm AWul Rahman
5. Legal advisor Sii Salwa Musa
MAFREL was represenbed by:
1. Chairperson AW Malek Hussin
2. Deputy chairperson Syed Ibrahim Syed Noh
3. Saetary Hanif Zuhdi Mahmud Pathi
4. Treasurer Hasnah Hashim
The meeting was cordial and discussed electoral reforms, voter registration, 2004
Election Day polling problems in Selangor, Sarawak election obsenration and MAFREL
activii. In the meeting, MAFftEL handed over to the SPR documentations to indude:
ElecCiorc Obwtvatkn <strong>Report</strong> 3 3

Okndng 9rawak State C;eneral E-n, a 20-page MAFREL document
Kern Dasar Prvykk mjbn Dahr PemIh Mac - Ogos 2005 an ll-page MAFREL
document
Lapotan Pemantauan Daftar Pemilih 8 Mac 2004, a 32-page MAREL document
MAFREL put on mrd that during the May 17,2005, SPR chairman responded positively
to MAFREL effort to observe domestic elections and expressed SPR interest in MAFFEL
monitoring on issues of mcern related directly to SPR. Such commitment gave much
hope for MAFREL to look forward for a constructive and continuous relationship between
both sides.
Folbwing preliminary mpietbn of the Electoral Rolls Verification Project 2005 and pre-
election assessment of Sarawak electinn observation, MAFREL requeskd for another
meeting to present 'Rs findings to the SPR.
i
On Ocbber 5, 2005 SPR replied to refuse further co-operation w th MAFREL on the
ground that MAFREL purportedly was not a registered organization. But the
misunderstanding was immediately put to test after MAFREL sent an official clarification
with an attachment of a copy of its certification of registration under the Companies
Commksbn of Malaysia.
There was no further engagement until the Pengkalan Pasir by-election took place.
When MAFREL dedded to conduct an election observation of Pengkabn Pasir, it
prepared a -EL Gampt Peron Ekdibn Obse~bbn in &qgbbn for subm'kbn
to the SPR and the returning ofker with a view In obtain official accrediition to
observe voting, counting and tabulation of vobes.
I n hl acaptana of MAFREL obsewers
On November 27, 2005 MAFREL chairpetson AW Malek Hussin personally met SPR
chairman Tan Sri Ab Rashid Ab Rahman afbw the nomination prucess at Sekobh
Menengah Kebangsaan Sultan Ib~hirn (1) in Pasir Mas, Kebntan and asked him
whether the SPR would welcome independent observation of the Peng kalan Pasir byelection.
In his verbal reply, the SPR chairman had no obj&n to it as long as MAFREL
adhered to the election-related laws and regulations.
On the same day and occasion, MAFREL chairman conferred to SPR deputy chairman
Dab' Wan Ahmad Wan Omar and SPR secretary Datuk Karnaruzaman Mohd Noor
regarding MAFREL effort's to observe the Pengkalan Pasir by-election.
In separate meetings with all the three high-ranking SPR officials on Nomination Day of
November 27,2005 at Sebbh Menengah Kebangsaan Sultan Ibrahim (1) in Pasir Mas,
MAFREL had the impression of unofficial acceptam of its election observation since
none of them raised any verbal objection to MAFREL election observation of Pengkabn
Pasir byelection.
Ekctkn Obsemtkn <strong>Report</strong> 34

Accreditation denied observing voting and counting
i
On November 30, 2005 MAFREL officially subm tted a letter to SPR secretary Datuk
Kamaruzaman Mohd Noor by post and fax to inform about MAFREL election observation
of Pengkalan Pasir byelection and also to request written permission from the SPR, in
compliance of Elections (Conduct of Elections) Regulations 1981, to allow MAFREL
election observers to observe voting and counting at the polling centers.
By an ofiidal letter &bed Dmber 4, 2005 sent by post and fix, the SPR seuetary
replied that the request could not be cons^^. MAFREL election observers were thus
denied access to observe voting and counting pmses of the Pengkabn Pasir by-
election.
On December 5,2005 MAFREL chairperson Abd Malek Hussin met SPR secretary Datuk
Kamaruzaman Mahd Noor at Pasir Mas D ' i and Land Office to seek cbrification on
SPR dec'Lion to deny MAFREL application to observe the electiin process at the polling
and counting centers.
Referring to the conbent of his official reply, the SPR secretary miffinned that
"SuruitanBya PIlrssn &ya (SR) Mabysb tebhpm mebntik Ap-Apen Whan Rap
cakmabn yang krtanding di &bm PiXhan Raya DUN N.12 Pengkalan Pasir, Kehnlan
di setiap Tempat Mevlgundi untuk menjwi pemerftab' p m pengundhn &n pengiraan
undi. Surultan+ya hi jw tebh rneluh~skan krehadiran wbn &n i;ngrenagep, p7dbanmya
maeka un&k memehati smasa pmses panjmbhwr -mi uddi. luslem hi,
Su~han+m hi hrpemhpt ibahawa kehdhn pebgas-petqps Pilihsn Rap, Am-
Agw Oh yaw ber&ndiw, Okm-Cabn yang &r&nding #u sendin; Ahlr'AhI Pane4
Pegrawaii-~wai SPR &n se&gainp s&h mm&i untuk menentukan prvsi?s
pmbnan pilhran raya be@&n &gran Wan - [unofficial translath]: "The
Electbn Commlssi of Malaysia has appointed election agents of candidates ambesting
h election of the state assembly

4w
Accreditation denied witnessing tabulation of votes
On November 30, 2005 a seven-person MAFREL delegation including Sara Taylor of the
International Republican Institute (IRI) paid a courtesy visit to Pengkalan Pasir byelection
returning officer Ab Halim Ahmad at the District and Land Office in Pasir Mas,
Kebntan. During the visit, MAFREL chairperson AM Malek Hussin submitted a copy of
MAHZEL Cbnqpt Pager on E m Obse~dtrron in kngkabn Pasirand an initial list of
18 election obsenrers to the returning officer.
In the meeting with the returning officer, MAFREL requested to observe the tabubtion
process which was verbally approved by the returning officer who asked assistant
returning officer Engku Rajhan Engh Ismail to *sue invitation for two MAFREL officials
to observe the tabulation of votes at the Official Tabulation Cenber. During luncheon
with MAFREL delegation, Engku Rajhan asked for the two names and MAFREL complied
by naming Abd Malek Hussin and Ong Boon Keong.
On December 3, 2005 MAFREL followed up officially and submitkd an official letter to
the retuming officer requesting written permission to allow two observers, namely Abd
Malek Hussin and Ong Boon Keong, to witness the tabulation prooess at the Offidal
Tabulation Center of Pengkalan Pasir byeledion as verbally agreed upon by the
returning officer on November 30,2005.
However, through a phone cal to MAFREL chairperson, the returning officer retracted
the appml claiming that he needed SPR headquarters offidal insbudion on the
matter.
On December 5, 2005 MAFREL chairperson Abd Malek Hussin met SPR secretary Datuk
Kamaruzaman Mohd Noor at Pasir Mas District and land Office and raised questions on
the retraction of the approval Why MAFREL was denied aocred'ition and aclcess to
witness the tabulation of votes? Why SPR headquarters was need when it is within the
judsdktbn of the returning ofker to approve aaxss? The SPR seaetary answered
denying vehemently any knowledge of MAFREL appliition saying that "&miA&h, saya
Wak fahu menah megemi prksra ituf [By Allah, I have no knowledge of such
matter].
On record, there was no official reply from the returning officer to MAFREL application to
witness the tabulation process.
Police Harassment of Observers
Poli report against MAFREL
On December 3, 2005 at about 3.30 pm MAFREL chairperson AM Malek Hussin
presented himself at the criminal investigation department of the Pasir Mas police
i
d strict headquarbers after a call by chief inspector Mohd Hesli Daud for investigation
Ebctkn Observation <strong>Report</strong> 36

fdlowing a pdioe report against MAFREL over circulation of voters' rights leaflets in the
constituency of Pengkabn Pasir. The investigation was conducted by chief inspector
Mohd Hesli and recorded statement of Malek regarding election observation activities of
MAFREL and the leaflets.
On December 5,2005 at about 6.00 am Malek was called again by chief inspector Mohd
Hesli Daud for further questioning. The police officer recorded further statement f i
Malek on the same day between 9.30 am and 10.30 am at Kota Bharu. Asked why he
needed to record further statement when a statement had already been taken two day
earlier, Hesli said that he was under order to do so from the Kebntan chief pdi
officer. When asked about the identity of the mpbinant, Hesii dedi t~ reveal.
Harassment of election observers
During the seamd investigation on December 5,2005, chief inspectm Mohd Hesli Daud
askd to question other MAFREL election obsetvers, but Malek considered that to be
unnecessary because as MAFREL executive director and Head of Mission he took
responsibility for all MAFREL election observation activities in Pengkalan Pasir and
wanbed an assurance that all further questioning should be directed to him alone. The
chief inspecbw gave his assurance, but despite of that, other obseners were also
harassed by the police. Those harassed were two female observers, Yuisriah Mohd
Yusoff and Munirah Hayati Muhtar.
On December 5,2005 Yuisriah Mohd Yusoff was called by Pasir Mas pdi d i s ASP
Zalnal to assist hwstigation fobwing the SPR police report against MAFREL She was
threatened with arrest in case of failure to cooperabe in police investigation over
MAFREL. Subsequently, on the same day between 2.00 prn and 3.00 pm at Pasir Mas,
Yukriah had her statement mrded by chief i n s w Mohd Hesli Daud who
questioned her involvement and activities in MAFREL.
On December 7,2005 between 7.00 pm and 7.30 pm after a MAFREL debriefing session
in KoZa Bharu, Munirah Hayati Muhtar was called purportedly by an unnamed Speciil
Branch police officer who called by using a mobile phone number 012-6344938. She
mentioned bo MAFREL chahpenon later that the caller introd& hmlf as a Special
Branch officer from Bukit Aman federal Police Headquarters and obtained her MAFREL
observer calling card distributed on Election Day at Sekolah Kebangsaan Sultan Ibrahim
(3). He called for no specific reason.
The MAFREL leaflets
i
The obstacles and challenges had seriously denbed in tial MAFREL plan to mount a
comprehensive observation of the Pengkabn Pasir byelection. MAFREL dropped
preparation to observe the crucial election phases of voting, counting and tabulation of
i
votes when accreditation was den ed. However, it provided more leverage for MAFREL
to conoentrak on voter education by organizing and depioyi observers to distribute
printed MAFREL leaflets published in the local language titled hbk An&: Pssitikaan PiBhan
Election Obsenntbn <strong>Report</strong> 37

Rap Adil& Be& (Your Rights: Demand for Free and Fair Elections). The two-page
leaflets was part of MAFREL campaign to demand for free and fair election and
educating the general public on voters' rights, campaigning ethics of candidates, duties
of the election authonty and the importance of election observation [see Appendix 7.11.
10000 copies of the leaflets were systematically distributed by MAFREL team of
observers after Friday prayers on December 2, 2005 outsii all main mosques within
Pengkalan Pasir constituency.
The police report against MAFREL on December 2, 2005 was lodged by none other than
SPR semtary Datuk Kamaruzaman Mohd Noor.
During a meeting between MAFREL chairperson Abd Malek Hussin and the SPR secretary
at Pasir Mas District and Land ORe on December 5, 2005, Datuk Kamaruzaman
admitted that he personally lodged the poke report. He complained that SPR was
particularly disturbed by MARL call to vaten to register their complaints against SPR
practice of recording voters' serial number on the counberfoil of balbt papers to the
presiding officer on Election Day.
Malek argued the fact that the SPR practice was technically lawful as provided under
Section 19(1), Uectbn (Qnduct of Electbars) Regulathm 1981, but it is a conbentbus
issue among the general puMk because the practice tantamount to compromising basic
rights to voting secrecy, and defended voter's rights to complain against the practice.
Refuting the SPR secretary said that there would be no possibil'i for voter's secrecy
being axnprwnised became, under the Uection Regulations, ballot papen and the
babt counberfoiIs will be sealed and retained in safe custody separately by the
Returning Officer and the State Ekction Officer respectively for a period of six months
before being destmyed.
On this, Malek argued that SPR had never ever made a convincing explanation to the
public to allay their genuine fear, and further asked for a specifi reason why SPR
needed to lodge a police report against MAFREL
C)zjt.uk Kamanaaman answered that such call was seditious and wouM cause disruption
of the polling process.
Malek argued back that in the 2004 general elections he had personal experience to
witness a pencil's marking of his voting serial number being erased from the counberbil
by the polling clerk after lodging an ofRiil complaint to the presiding officer, and there
was no disruption to the polling process at all.
On Election Day of December 6, 2005, the allegation proved to be unfounded and
irrelevant when to the contrary there was no report of voting disruption at any voting
station in Pengkabn Pasir.
As the police report was acted upon conspicuously with swift police investigations during
the final days of the election, MAFREL lost much quality time and cancelled prepbnned
Election Obsemtkn <strong>Report</strong> 3 8

training of party polling agents. MAREL chairperson had to decline prior acceptance to
i
attend training of polling and counting agents organized by the independent cand date
in between the days.
What holds for future observation?
'The experience of Pengkalan Pasir raised MAFREL concern over future election
observation in the country.
Was the SPR Mi merely a specific denial confined only b Pengkabn Pasir?
Would it have any bearing on MAFREL plan to observe the forthcoming Sarawak general
elections?
Would the SPR decision set a precedent for future denial of official accreditation not only
to independent domes& observers but also international obsemrs?
Despite of the Pengkalan Pasir setback, MAFREL reaffirms to maintain constructive and
professional relationship with the SPR and hopes that the denial was merely a specific
and 'Wakd decision and would not amnatE a precedent to deny official acaedition
for future election observation.
MAFREL will continue to remain engage with the SPR and strive with greater effort and
deberminatron ha hter better understanding and mutual respect for the wider interest
of the sodety and nation in the ~alizatbn of gemim democracy, enhancement of
human rights and entrenchment of the will of the people expressed thrwgh free and
faif elections.

Chapter 8
WAS THE ELECTION FREE AND FAIR?
Universal Principles on Elections -
The Universal Declaration of Human Rights of December 10, 1948, accepted and ratified
by Malaysia, established the universal right to genuine elections. Article 21 of the
Universal Declaration states that, "everyone has the right to take part in the government
of hi counby, directly or through freely chosen repmtatives." The same article also
establishes that free elections are the only basis of a government's authority: The will
of the people shall be the basis of the authority of govemment; this will be expressed in
periodic and genuine elections which shall be by universal and equal suffrage and shall
i
be held by secret ballot or by equ valent free voting prdures."
In addition to Article 21, dating specifically to elections, the Universal Declaration sets
out a list of other rights relevant to electoral processes, including freedom of expression,
assodation and assembly.
The rights set out in the Universal Declaration were reiterated and expanded in the
Intematbnal Covenant on Civil and Political Rights (ICCPR) of December 16, 1966, a
human tights treaty adopted by the Unibed Natiorrs but never ratified by Malaysia.
In Annex 111, Enhancing the EWwness of Che Pdncipk of Penbdc and Genuine
Ekbbm: F;iamewcKk rbr Fuli~iz Ef3b/tsI adopted under UN Commission of Human
Rights resolution 1989/51 of March 7, 1989, it was affirmed that the will of the people
expressed through periodic and genuine elections as the basis for the authority of
govemment prescribed eight basic rights:
A. Un'nrersal and equal suffrage.
9. The right to take part in the government of one's country, directly or through
freely chosen representatives.
C. The right to equal access to public service in one's country.
D. The need for a secret vote or equivalent free voting procedures, guaranteeing
the free expression of the will of the electors.
E. The importance of the right bo Worn of peaceful assembly.
F. The importance of the right b freedom of association.
Ekctkn ObQenrdkn <strong>Report</strong>

G. The hnportance of the right to hedom of opinion and expression, kkiding the
freedom to seek, receive and impart information and ideas of all kinds, either
orally, in writing or in print, in the form of art, or through any other media.
H. The right of citjzens of a State to change their governmental system through
appropriate constitutional means.
MAFREL Viewpoint
MAfREL ob)ecbively autiines the univlersayI acce#ed principles for free and fair ekctbns
based on universal norms and standards in order to provide dear ind'iabors fw an
assessment of the Pengkalan Pasir byekction.
An election embraces a celebration of fundamental human rights and, more specifically,
cMI and political rights, and ektbn observation therefore contributes to the overall
promotion and proktbn of these rights.
Genuine EIection
A genuine election presupposes that the electmi PKXXSS will be conducbd in an
aanuntable and transparent manner and will provide a real and informed choice for
voters, thereby ensuring the overall confidem of the electoral.
The cone@ of a genuine election can be called into questian:
If fundamental rights and freedoms are not mpected,
If there is no credible political competition,
If there are unreasonable tesbicths on the formation or conduct of poliil
parties, or
If there is no meaningful prospect that voters wouM have the power to vote
incumbents out of office.
Free Election
A free election requires that all citizens enjoy their fundamental rights of freedom of
expression, association, assembly and movement.
Each vober should be able to cast his or her ballot free fnxn intimidation, violence,
administrative action, or fear of retribution.
Ekctbn Obsemdkn <strong>Report</strong>

No obstade shoukl stand in the way of candidaks freely presenting their views or
prevent voters from engaging in campaign activities and learning about or
discussing these views.
The media should be able to cover the campaign freely, without interference or
unreasonable restrictions imposed by the authorities.
Domestic observers, both partisan (candidate or party agents) and non-partisan
obsenrers should be fke to observe all stages of the election process before,
during, and after Election Day.
The tabulation of mlb should be visible and verifiable from poiling station level
to all Intermediate levek of the election administration and finally to the national
election authority.
Fair Election
A fair election shouid ensure eqwl amditiom for all participants in the eledion process
in which the legal framework shwM reflect commitments bowards constitutional and
unksal ptindpk, and a1 electiondted laws shouid be implemented and enforced
nonselectively.
All candidates, parties, and political organizations that wish to run for M ie should
be able to do so and to compete on the hasis of eqwl and inpartial treatment
under the law and by the authorities.
CandMabes and politkal parties shouM have unimpeded access to the media on a
nondiscriminatory basis, and the state media should meet its special responsibiri
for providing sufliciint, balanced information to enable the ekctorate to make a
well-informed choice.
Regulatiorts on campaign financing should not fawr or discriminate against any
party or candidate.
There should be a dear separation between the state and poliil parks, and
public resources should not be used unfairly for the benefit of one candidate or
group of ondiibes.
The election adminition at a4 h k should ad in a professional and neutral
manner, and the voting, counting, and tabulation processes should be absent of
fraud or manipulation.
Candidabes, parties, and voters should have the possibility for prompt and
effective dress, including through an independent judiciary, in case of violations
of law or human rights.
Electlon Observation <strong>Report</strong>

Those responsible for viobtions of law should be held accountable in a timely
manner.
Candidateswhoreceivethe required numberofvotesto beelected should beduly
installed in office.
Assessment on Pengkalan Pasir
Based on its 10-day election obsemtion, MAFREL noted that there were positive and
negative findings of -b entire election observation of Pengkabn Pasir by-election.
What was right in Pengkalan Pasir
MAFREL commended positively of the followings:
1) Generally smooth, correct and orderly voting and counting process at all polling
centers.
2) Adequate performance of election personnel in all polling, counting and tabulation
centers.
3) No report of ballot diirding, stuffing and mrnunting.
What was wrong in Pengkalan Pasir
As poiw out in previous chapters, MAFREL observed and documented 14 types of
Irregularllles, Watbns and offences covering two main phases of Pengkabn Pasir by-
election: Preelection day and Election Day.
Phase 1: Pre-Election Day
1. Irregularities of the electoral rolls
The inaccuracy of the electoral rolls prepared by the SPR as gazetted on August
15, 2005 remains the most serious obstacle to free and fair elections in
Pengkabn Pasir. MAFREL has documented three major irregularities of the
electoral rolls used for the byelection. Its findings showed that 70.92% of the
ekcbmbs were without any house address. Addresses registering six or more
electors, 4.26% were nonexistent. Electors with traceable addresses, 20.44%
were unmmgnized by house owners or tenants. The findings lent credence to
allegation of possible widespread existence and menace of "phantom voters" in
Pengkabn Pasir by-election despite offidal denial by SPR and BN leaders.
Election Obsemtion <strong>Report</strong>

2. Excessive election spending
BN and PAS mounted massive election campaign through display of large
billboards, posters, banners and giant balloons. Both parties operated numerous
operations centers. They deployed and provided accommodation to thousands of
workers and campaigners during the election campaign period and polling day.
Food and refreshment were provided not only to workers but also to voters
especially in official functions. These monumental expenses might have incurred
election expenditures to exceed the legal limit of RM100,000 for each candidate
as clearly stipulated under Section 19 of Election Offences Ad 1954.
3. Abuse of govemment resources
There were blatant abuses of government resources by poliil parties with
campaigning taking pbce even before nomination under gu'k of official
ministerial fuclctions. BN Wral ministers embedded to campaign intensively
i
w th some pledging federal aid to induce support of voters. Without clear
separation between ofFicial governmental functions and political party
campaigning, polins in position of authority conducted campaigns using
adminisbathre personnel, transportation and facilrta&s. With vague electionrelated
laws, devoid of any restriction and prohibition against such abuses, it
provides loopholes for the misuse of administrative resources during election.
MAFREL has documented three cases of BN abuse of federal government
resources and one case of PAS abuse of state govemment resources.
4. Biased media coverage
Federal govemment-nb.olled broadcasting mass media had not provided equal
mmge and access to all contestants and overwhelmingly in favour of BN
candidate. There was blatant misuse of stateowned media bo give unfair
adwntage bo BN. Other mainstream private media t~ include broadcasting
stations and newspapers paid lii atbention to PAS and independent candidates
and failed to provide voters with suffident infomtion to make informed choice.
PAS party newspaper was propagating purely for its candidate advantage.
Phase 2: Election Day
5. Intimidating mass'nre presence of pol- personnel
Massive presence of police personnel especially FRU and SB was questiinably
evident at all polling enters and officil tabulation center. MAFREL has
documenbed two cases of SB personnel manning video camera wording footage
of every voter. SB pemnel were also seen to be moving around freely into
polling centers.
Ekctkn Obselvrtkn <strong>Report</strong>

6. Questionable operation of party booths
Previously prohibited during the March 2004 general elections, party booths were
allowed to be erected and operated outside all polling centers. In Pengkabn
Pasir, SPR disallowed operation of party booths only within the kawasan zon
Brawan htkern~n, but allowed such operation outside the prohibin zone.
The party booths were rightly meant to provide service for voters to check their
voting information. However, these party booths served unchecked as
coordination mnters for party canvassers and provided refreshments not only to
party workers but also to voters. MAFREL has documented BN operated
altogether nine party booths; and an equal number each by PAS and
independent candidates outside all polling centers.
7. Illegal systematic party campaigning
Evidently on Election Day political parties systematically deployed thousands of
party workers to conduct campaigning deemed illegal under Sedion 26(l)(f) of
Electkn Offences Act 1954. There was evident d iiy of party symbols and
candidate posters by BN and PAS canvassers throughout the day outside all nine
polling centers in close proximity of the kawasan zon &rangan betkernpen.
MAFREL has documenbed BN and PAS engaging in systematic deployment of
thousands of party workers outside all nine polling centers to conduct illegal
practke of campaigning on Election Day.
8. Illegal practice of approaching voters
Ouhide ewry polling enter, there were hundreds of BN and PAS canvassers
competing with each other to approach arriving electrm and exlertEd undue
influence to sol'ilt vote by inducing or pressuring them to their respective party
booth. MAFREL has documented one case of discreet illegal campaigning for BN
candidate wihin the kawwan zon hmngan berkmpen.
9. ena ace of "phantom voters"
The menace of "phantom voters" was rampant and widely believed to be
systematically orchestrabed. Names of dead electors were still recorded in the
off~ial electoral rolls use for polling. Evidence of thousands of untraceable
electors, unrecognized voters, and non-resident voters, coupled with dubious and
false addresses remained the main mot cause leading to allegation of "phantm
voters" exislnoe. It fuelled further suspicions when a BN leader undertook to
organize busing of more than 2800 non-resident voters [see Appendix 8.1). PAS
retaliabed offering financial rewards for any arrested "fathom vober". MAFREL has
documenbd two acts of busing of voters, two cases of multiple voting and Wo
cases of voter impersonation.
Election Obwnrrtion <strong>Report</strong>

10.Inddence of tension
The by-election was not free from tension and in midation. A prominent UMNO
Youth leader acted irresponsibly to provoke unnecessary tension outside
numerous polling oenkrs. These provocations, if not for timely police
intenrention, would have caused serious disturbances and violent confrontation
between BN and PAS supporters. MAFREL has documented seven incidents of
attempts of gate crashing and political provocation.
With a crucial election at stake, political parties went at great length to indulge in
cormpt practices such as cash handouts and provision of food and refreshment
to voters. Such pradlces reached serious proportion, ti as evidenced in a case
where it went unchecM &spite presence of police personnel. MAFREL had
documented four indents of cmpt practices attributed to monetary handouts
and pmisiin of food and refreshment to voters at four different polling centers.
At every polling center, the SPR operated a hmng which setved as the official
voter registry verification booth where voters were needed to produce their
identification document to verify their qualification before given numbered cads
indii predse polling station bo cast their votes. At every hmng, depending on
the number of polling stations d each center, there would be between five to
seven election personnel manning it at any given time. There was a case
documented by a MAFREL observer regatding a voter who was turned away
because hk name did not appear on the list for the particular polling station.
Despite being verified as unlii, he was unable tn further check hi voting
information because a cornplebe set of Pengkalan Pasir elecboral rdls was not
pmvided at the &q. MAFREL obsenmtion revealed that such inadequacy was
found in two ather palting cenben.
13.Misoonduct of presiding officer
MAFREL has documented one case of misconduct by presiding officer of a polling
station who refused a daughter, a qua1.W elector, nominated by an eklerly
voter to assist marking of her ballot paper. It could not be determined whether
this particular case was a deliberate intention on the part of the presid'hg officer
to compromise integrity of the process or perhaps an -kqlabed mistah due to
inexperiene or lack of training. Nevertheless such mkamduct should not be
tolerated. It clearly contradickd Section 19(7) of Elections (Conduct of Elections)
Regulations 1981.
EkUon Obsenmdkn <strong>Report</strong>

14.Quest&naMe high peroentage of rejected postal ballats
BN won Pengkalan Pasir byelection with a 134-vote majority over PAS after a
mandatory recount on December 7, 2005. A day earlier the tabulation of votes
ended with BN winning by a lesser majority of 129 votes. The most significant
and dec'iive factor contributing bo BN victory was the outcome of postal ballots.
Despite PAS winning more ordinary ballots BY a majority of 2 votes, the returns
of postal ballots helped to tilt the final tally to favor BN. Obtaining 151 postal
votes, BN swept 89% of the 169 valid postal ballots w-Rh a meager 15 votes for
PAS and 4 for independent candidate. Wth 213 postal balb returned out of
216 registered postal electors, the outcome incredibly showed a high percentage
of rejected postal ballots. 43 returned postal ballots or more than 20% were
rejecbd. Due to 'Rs significance, the issue of postal voting prooess is brought into
prominence and justifies an evaluation of 'Rs credibility and Bansparency.
Conclusion on assessment
MAFREL may not provide accurate overall assessment of the Pengkabn Pasir byelection
since it was unable bo field observers at the polling, counting and tabulation centers.
However, MAFREL electoral rolls verification exercise, election campaign observation,
polling day environment obsewation and postelection in-person inkrviews sufficiently
pravide insight, based on macro and micm findings, bo fwm MAFREL condusion of the
byekction.
M M L conclusion is that the Penglcabn Pasir byelection failed bo fulfill substantial
components in compliance and adherence with universally accepted principles for free
and fair elections.
The mngs dearly outweigh the rights in Peng kalan Pasir.

Chapter 9
RECOMMENDATIONS AND CONCLUSIONS
In previous chapters, MAFREL has brought into atbention its observation and findings of
electoral inegubrities, viobtions and offences during the Pengkabn Pasir byelection.
In this final cham MAFREL offers reccwnmendations for amsideration on how the
overall election pmess or elements of the process might be improved.
The 40-point recommendations are specifically to address all shorbuwnings identified
during the by-ektbn, be it an WW incident or systematically perpetrabed by any
party or individual durbrg the Pengkabn Pasir byeledjon.
MAFREL reiterates ib stand with readiness and eagerness to offer assistam to the SPR,
poliil parties, candidatesr civil society organ'aations and wks to rectify any
shortcomings identified.
On Ir?gularities of the Ektoral Rolls
1. Pailbment is aeammcM to review existing elecbiomebkd laws governing
wbw regkbabkn and the eleebwal rolk bo errsure that qualified citizens reg-kter
and vobe in their plaoe of permanent residenCs only and provide the SPR with
e m pouuerbopmmtdubiousor~miand updabeaaxlracy
of the electma1 rolls.
2. The SPR k reclommended to conduct a rwegisbalh exercke to address serious
amtamination, 'nwcwacy and &regularity of the electoral rolls.
3. The SPR is recammended to fwmat the electoral rolls to include full address of
elecbon' permanent residence in order bo establii and maintain aocuracy.
4. Political parties are strongly urged to demonsbabe commitment to denounce
systematic unethiil inclusion and exdusion of votes in any electrwal
constituency.
5: Poliil parties are mommended in amduct periodical verification of the electoral
rolk.
On Excessire Campaign Spending
6. Parliament is recommended to amend Section 27E of Election Offences Act 1954
top~add~lfu~~pasukan~tkuwabindudemoniboring of
excessivP! campaign mi by candiiks dwing elections.

7. Political parties are recommended to make public disclosure of campaign spending
to include sources of electoral funding and expenditure.
8. SPR is recommended to include gazetted election spending statement of
candidates in the offiial election report published by the SPR after every general
election.
On Abuse of Government Resources
9. Parliament is reammended to revJew existing election-rebbed laws governing
utilization of federal, state and local government resources to prohibit abuse,
misuse or unrelated utiliition of public and administrative resources and to
legisbbe punishment, without prejudice, in a swift and transparent manner any
official or individual who abuse or misuse such resources for election campaign
purposes.
10. Parliament and State Assemblies are teammended to make respective head of
government, federal or state, to assume responsibility and be accountable to
ensure that public and administrative mms, bath materials and hunan, are
not abused or mkrrsed in support d any paftkuh cam&&? a party duirg
elections.
11. Parliament is recommended bo amend Section 27E of Election Ofknces Act 1954
topmvkleaWlbbnal~d~~krrrasabo-~mariboringof
abusesofgavwnmentalnsoutroesdurkrgtheelection.
12.The SPR k recommended to take sbingent measwe to ensure that pub!ii
employees should not be required to atbend om pa om pa^ a be cxlenmd to
vote for a particular party or candidate.
13. Parliament k recommended to review exii bmdcasting law governing publicly
funded or stal medb bo mpel such media to wdertake responsibility to ensure
that vabers mehe suffic#nt, balancxj infamation on the candidates and -ksues in
order to enable voters to make a well-informed choice.
14. Parliament is recommended to amend relevant laws to empower the SPR to take
necssaty action against biased

On Intimidating Massive Presence of Police Personnel
16. The Royal Malaysian Police is recommended to deploy adequate security
arrangement to ensure safe and secure polling environment on Election Day
without unnecessary massive show of force to cause voters anxiety and insidious
intimidating effect on voters.
17. The SPR is recommended to ensure that only assigned uniformed police personnel
are allowed to enter any polling center and to strictly prohibit unassigned police
personnel f m entering any polling center on Election Day.
18. The SPR is recommended to strktly prohibit any inslalbtion of video camera or
phobographic recording of voters by potice Special Branch personnel within the
kawaranm brawn fmkmpenon EElection Day.
On Questionable Operation tM Party Boaths
19. The SPR k necommended bo ensure strict enforcement that no party or candidate
booths ate allawed to be erecbed or operated on Ekcth Day.
20. Recognizing that voters should be g'kn genuine and suffident information on
their pdli information before Uecbion Day, SPR k recommended to und&ake
provision and inuarroe to registered electrws of special W r cards presentable to
election persorrnel of pdhg centers on Ekction Day.
On Ilkgal SysbmWc Party Gmnpeigning
21. The SPR is reammended bo sbietly ban any form of campaigning and canvassing
dvutesthugheffedhe~ofpasukan pengwtkwsaon Ekction Day.
22. The SPR is reammended ID bind candidabes to enforoe resbiction and regulations
against depbyment a d dondTtaBescQmpaigrersand canwssers
on Etecabn Day.
On Illegal Practice of Approadring Vd#rs
23.The SPR is rwxwnmended to sbictly prohibit u m e d persons from entering
the k a ~ n m bethnpmon ~ ~ n Electbn Day.
24.The SPR is recommended to prohibit unauthcnized persons from escorting or
ferrying disabled voben within the kawsan zvn Bnqm kdzmpen and into the
polling centers with only the SPR personnel allowed bo do so on €kction Day.
25. Parliament is mrnended to review existing election-rebbed laws governing
voter regisby to provide for an integrated system of information sharing between
the SPR, National Regition DepaMt and the Royal Mabysian Police to
ensure that deceased persons are rwnaved aubomatieab fnnn the ehdml'FoWs.
Ektkn Obsemtkn <strong>Report</strong> 50
-

26. The SPR is recommended to conduct actively public campaign against the menace
of "phantom voters" and to encourage voters to register or re-register in electoral
constituencies of their permanent residence.
27.The SPR is recommended to ban any systematic busing and transportation of
voters or party workers during any election in order to avoid accusation, confusion
and tension attributed to the allegation of ferrying "fathom voters" and to ensure
that voters come on their own-free will to cast their ballots.
28. The SPR is mommended to introduce finger hking of votes with indefible ink in
fubure electbns as safeguards against voter impemnation and multiple vobing .
29. Recognizing that the issue and menace of "phantom voters" has never been
effecbly resolved over the years; it is recommended that a national conference
be convened to hdude participation of SPR, poril parties, relevant
govwMlefital -, cMI society o~ganizations and academicians to d i s
ways and means to address the menace of "phantom vobrs".
On Incidence of Tension
30. Recognizing that Election Day must be free of violence or threats of violence, and
voters must be free from intimidation and undue poliil influence, the SPR is
strongly recommended to act against perpetram, advocators and provocateurs
of pubtic diirbanoe and vioknc~ on Election Day.
31. The SPR k recanmended to ensure that acts of intimidation and undue poliil
infbence are ammd and all vblabon be held acxrwntable without d-kcrimination
under the full force of tbe bw in a swift and transparent manner.
On Inc#enoe of Corrupt Practke~
32. The SPR k recommended to strktly en- prohbi on provision of food and
refreshnt outside polling aenben under the Eledion ORaces Act 1954.
33. Parliament is mommended to amend Section 27C of Eiecbbn Offences Act 1954
to provide for inclusion of Anti-Corruption Agency (ACA) personnel as members of
pasukan pengwt ku&sa in rnon'Mng corrupt practices and electoral mption
and acting against such election violations and offences weRhout diiinatiun in a
swift and bansparent manner.
On Inadequacy of Election Booth Fadl'ities
34. Parliament is recommended to ptwTOVIde
sufficient budget allocation for the SPR to
meet its const#utional responsibility to manage and supervise elections with
greater effidency, trampaency, credibility and pmfessiilism.

35. The SPR k recammended to provide sufficient fadlities bo indude computerized or
online verification of voter registry at every SPR barzing during elections.
On Misconduct of Presiding Officer
36.The SPR is recommended to provide a mechanism to enable polling agents and
counting agents to report swiftly any irregubrity and m-kconduct of presiding
officers on Election Day.
37.The SPR k reccwnrnended to cunduct an mation on the spedfic case of
misoMlduct of a presiding ofker as mentbned m this report and its finding be
made public bo show serious commitment that misconduct of any election officers
will not be tolerabed.
On Questionable High Percentage of Rejectred Ballot Papers
38. Parliament is mrnended to amend relevant election-rebted laws and
regulation to abokh postal voting of the election process.
39. The SPR is reaxmended to provide members of the armed f om and the poke
bo vote similarly as any ordinary elecbors unless a credible and transparent manner
of their Wng process is in place such as pnwisii for the presence of candidates'
observation to the process.
40. The SPR b recmmerrded bo pFovide all qualified Malaysian diplomatic staff and
their spouses and electom abroad to vote along similar p~oaess as ordinary
electors at pre-ananged Malaysian diplomatic missin abroad.
Conclusions
The mission in Pengkabn Pasir. was organized by MAFREL benefiting its international
experience in observing presidentla1 and legibtive elections of numerous Asian
countries. Beii its fkst comphensii non-partkan domestic election observation
effort ever amducbed in the country, MAFREL reoogn'aes its own mi and
limitations.
MAFREL make it clear that its election observation mission in Pengka bn Pasir should not
be viewed as adding or denying legitknacy and credibiii of the election prooess. In no
way, this report should be used bo nullify the oubcome of Pengkabn Pasir byelection.
The recommendations suggested should not be viewed as attempts to undermine the
election authodty and political parties. On the contrary, these recommendations are
aimed at fosbering greater public confideroe on the election process, strengthening
democratic k ti om, respecting the rule of law, m n g human rights and fostering
civil society in the country.
Ekctkn Obsenmtion <strong>Report</strong>

Some of these recommendations call for broad democratic and eledoral reforms and
necessitabe review of election-relabed laws and regulations and changes in election
practices.
Understandably there can be no short-term remedial measures to address issues and
problems of the election process, but with greater public awareness, bold administrative
commitment and courageous political will, wide-ranging improvements can be achieved
to pave for genuine, credible, free and fair elections.
Through this report MAFREL inbends to provide rational argument and justification on
the basis af quatiithe and quantitative evidence of its findings that the election process
of this country merits observation at all phases.
MAFREL urges the government to undertake decisive measurys and bokl commitment
for free and fair elections and provide all necessary assurances to allow official
accreditation for domestic and international election obsenen in future electins.
Such undertaking, commitment and assurances shall gauge the degree of the political
will of the government to the promotion of a genuine democratic election process and
enhancement of accountability, transparency and good governance.
MAFREL is commitbed t~ advam into the future through longer-term programs in
preparation for a nationwide election observation effort to ensure free and fair elections
during the next Ma laysian general electiins.
Abd Malek bPn Hussin
Head of Mission
MAFREL EkcUon Observation Mission
N.12 fhglgbn Pasir byelecb;on 2005
January 9,2006 - Kuab lumpur

A@?nd& 2.1
Apg~nd. 3.1
Append& 3.2
Append& 3.3
4qx?d&3*4
Appendix 3.5
3.6
Appendix 3.7
-& 6.1
/@x?fnfk 7.1
-& 8.1
APPENDIX
LWofEMmemtfbrMM Ekikm tBserw&n M&bn
Lkt0JMRAPL.T Cm T # r n ~ o M/& f ~ ~ ~
LWof MAHtE E m O b ~ ~ of t-&ah s Pas& byekihn, 2005
M W f ~mm'C& of W uct
MfREL~~~~nObservatkmfbrm
M M f Chmplaint tinm
M M L rnI& Day amYwm m
MHEL E . n l Rolb VeMwtbn mtm
V o ( w I ~ ~ limn / a ~
M M f Learnton CeZMRkJhts
Bemama news &amber 4,2005

Appendix 2.1
List of Endorsement for MAFREL Election Observation Midon
1) Abolish ISA Movement (GMI), Kuala Lumpur
2) Angkatan Belia Islam Malaysia (ABIM), Kuab Lumpur
3) Center for Electmi R e h Instituk (CERI), Kota Bharu
4) Civil Rights Committee (CRC), Sebngor Chinese Assembly Hall, Kw la Lumpur
5) Demoaacy Watch, Kwla Lumpur
6) Gabungan Mahasiswa Isbm SeMa bysia (GAME), Kuala Lumpur
7) Instihrt Pengembelingan dan Pembangunan Komuniti (IMPAK), Alor Setar
8) Majlis Inklek dan Gradwn Kelantan (I-Grad), Kota Bharu
9) International Republican Institute (IRI), Washington
10) Kebb Rakan Islah Malaysia (KARISMA), Kuab Lumpur
11)Kom'b Independen Pemantau Pemilu (KIPP), Jakarta
12) Kumpubn Akbivis Media Independen (KAMI), Kuala Lumpur
13) Malaysian Voters Union (MALVU), Penang
15) Persatuan Wngsaan Pelajar-Pelajar Islam Malaysia (PKPIM), Kwla Lumpur
16) Pertubuhan Jqrnaah Islah Malaysia (JIM), Kota Bharu
17) Women's Development Collective (WDC), Kuala Lum pur

Appendix 3.1
List of MAFREL Core Team Members of Election Obsenration Mission
AW Malek Bin Hussin was the Head of Mission. He is cumntly MAFREL chairperson and
executive direcbor. He has twenty-seven years experience in the field of election~~having served
in various capacities at district, state, national and international level since 1978. He has long
been an admk for democracyI good gmrnance and human rights in Malaysia. He was
detained without trial under the Internal Seourity Act (1%) h 1998 and amsted numerous times
for his acthe invohrement In ttw EW movemnt He sewed as an IntEmatbrral obsewr for
Srl Lam parlbmentary ewmsI Pimppines pnacbdal elebiw, Indocresb pNadenual
ekctkmsI Hang Kong legkbtive ooundl electbns and Afghanistan -1 elections. He has
extmshe wrience in electom1 mlk verification after leading MAFREL reseanch on verifying the
electoral rolls of Sebngor,, Kehntan, Twngganu and Federal Tenitory of Kuab Lumpur in 2004-
2005.
AMul Halim Bin Yusof was the Deputy Head of Mission. He is currently the Kelantan state
d#kperson of Perhrbuhan 3arnaah isbh Malaysia (JIM), a pmgresstve MusHm dvil society
organization propagating Warn, democracy and human rights. He is a cwndl member of Bachok
Disbict Council in Kelantan. Mu1 Halim is professionally a medical officer of Kubang Kerian
University Hospital and chairperson of Koperasi Sri Aman Bertrad (KOSRI).
0- Boon Wmng was the Medb Analyst and IrAonnatkn Officer. He has long been an
admabe for demoaacy, good govern and human rights. He is a leading activist of the
Mabysian Voters Union (MALW), a cMI society organkation based in Penang striving for the
prwnatkn of choaacyI free and fafr elections.
Alrmad Syahdutl Bin Muhammad was the SlatWcal Ofiicer. He k an Iff trainer and
cmmdbnt speciatbing in systems and application -t He hdds a 8acheior of Sdence in
Compuber and a Mas& of Science majoring in lT Engineering from University Technology of
Ma b ysia.
Hasnrl Anuar Bkr Abd Rahh wstheCogisblcsand AMnaeOFfker. Hehad setvedasa
research assistant and admhidrative officer of MAFRa aectoral Rdk Verificabkn Roject 2005.
Mws~LMin~studentmavlementhavlngMpodtionas~eaetaryand
chakpwson of Mudim students association at Mukt Medla Uniwrdty whem he is currently
putsuing a Bachebr degree in Elecbonlc Corn- at the university main campus in Cyberjaya.
Ahmad Syauqey Bin Abd Ghani was the Training and Doarmentation Ofker. He setved in
MAFREL Elecboral Rolk Vetitlation Pmject 2005 as a program ofWerl trainer and field editor. He
was a student leader having nominated as semtary of Gabungan Mahasiswa Wam SeMabysla
(GAME). He had experlence h anndinating campaign actMtles durlng the Sarawak State
Assembly @ General Eiections in 2001. He was an administrative assistant to Ke&reh state
assemblyman before pursuing a Bachebr of Management at the MUM Media University in
Cyber)aya.
Munirah Hayati Binti Muhtar was the Field OfFicer. She served as an engineer with Tenaga
Nasional Bemad (MB) based in Ipoh. She was nominated as an international observer of the
Afghanistan presidential elecUon obsenmtlon mission in 2004. She holds a Bachelor of
Engineering fmm Bristrol UniversityI United Kingdom.

Appendix 3.2
List of MAFREL #ecHon Observers of Pengkabn Pasir by-electkn, 2005
Name of obsenrer
1. Abd Malek Bin Hussin
2. Munlrah Hayati Binti Muhtar
3. Had Anuar Bin Abd RaMm
4. Ahmad Syauqey Bin Abd Ghani
5. OngBoonKeong
6. Yuisiah Binti Mohd Yusof
7. MoharnadSaidy BIn Ismal
8. Abdul Halim Bin Shibghatullah
9. W Ab Hallm Bin Wan Ismail
10. Mohammad Haflnddln Bin Wul Mukti
11. Mohd Redzwn Bin Abdul Rahman
12. Tengku Ahmad Darnitri Al-Astani
13. Ahmad Syahriral f3h Muhwnmad
14. Hasan Bin Yusof
15. MohdFaddlBitlMahmd
16. Mohd Amkuddh Bin Mohd Nawi
17. Mohd KhaW Anuar Bin Ab Rahrnan
18. Abdul RashM Bin AWul Law
19. Mohd Hussein Bin Ismail
20. Wan Bainilbh Bin Wan Senik
21. Khalkl Bin O m
22. Mohd Azman Bin Ghazali
23. AWul HaRm Bin Yusof
E-mail address
malebussin2000@yahoo.co.uk
munirahayati200O@yah~~~0m
anuar2001@gmail.mm
syauqe~@yahoo.~
demoaacy4now@mail.com

Appendix 3.3
MAFREL Observers' Code of Conduct
Non-partisan and neutral - Obsefven must maintain an independent and
impartial attitude. Information must be gathered, organized, and reported in an
accurate, systematic and justifiable way
Non-violent - Observeis may ribt carry weapons, explosive materials, or sharp
weapons during the monitoring implementation period
Rqmdng legal mgulatkns - Observers must respect aH relevant election
laws and regulations
Voluntary - Obsetvers must carry out their tasks in a voluntary manner and be
full of the feeliig of re~ponsibiri
in discharging thelr duties
In-rity - Observers may not engage in provocation that can affect the ability
of eleclion officials and voters to act on their rights and responsibiliis
Honesty - Observers must report the results of their monitoring in a way that is
honest and in accord with existing facts
Objective - Obsenrers must engage in monitoring that is objective, in
acmtdance with the goak of the monitoring
Cooperathm - Obsewrs must riot disrupt the implementation of the general
election in the process oftheir monitoring
Tramparent - Obsem must be open in discharging their monitoring duties
and must be prepad bo explain ttre methods, cbta, analysis and eonchisions
rehted to their monitoring reports
Secmcy - Obemen must guard the secrecy of instiMional cbaments, as far
as is perrniWed by MA- after inhation has been repotted to the SPR -
Independence - Observers must be independent in the implementation of their
duties
Comprehenshre and relevant - Observws must work to compwhensively
draw oondusions about the monitwing of the general election and take into
account relevant factm, all of which should be reported to the SPR

Appendix 3.4
Electoral Assistance, Consultancy & Research for Free and Fair Elections
KhMmat Sokongan, Perunding & Penyelidikan untuk Pilihanraya Bebas dan Adil
Borang M.1
Borang Pemantauan
Kempen Pilihanraya
Panduan mengisi borang:
Sila penuhi butiran anda: Nama, Kod Petugas, Nombor Kad Pengenalan dan
Nombor Telebn.
Nyatakan tarikh pemantauan dibuat.
Lengkapkan satu set borang bagi setiap aktiviti kempen setriap hari.
Nama
No. WP
Bahagian Pilihanraya
N. 12 Peng kalan Pasir
MAKLUMAT PEMANTAU
Kod Petugas
No. Telefon
Tarikh Laporbn

Appendix 3.4
KEMPEN PILIHANRAYA
BENTUK MAJLIS
Apakah nama dan bentuk rnajlis yang dihadiri oleh anda?
Siapakah penganjumya?
- Bilakah majlis diadakan?
Berapa ramaika h yang hadir?
PENGANJUR
BUTIRAN MAJLlS
Dimanakah majiii diadakan?
KEHADIRAN
Adakah wanita dan kanak-kanak turut hadir?
PENGGUNAAN JENTERA KERAJAAN
Adakah kemudahan atau peralatan agensi
kerajaan digunakan?
Ya Tida k
Nyatakan kemudahan atau peralatan kerajaan yang digunakrmn:
PENCERAMAH
Siapakah penceramah atau pemimpin yang berucap?
Ya Tida k

Appendix 3.4
Adakah calon juga hadit?
Ada kah calon tunrt benrcap?
CALON
PEMBERIAN
Adakah apa-apa pemberian dibuat kepada
hadirin?
Jika ada, nyatakan bentuknya:
ISU-ISU
Secara ringkas, apakah isu-isu yang dibangkitkan?
ULASAN
Berikan sedikii ulasan anda mengenai reaksi pendengar:
Tandatangan
Ya
Ya
Ya
Tiak
Tiiak
Tia k

Appendix 3.5
MAFREL
Electoral Assistance, Consultancy & Research for Free and Fair Elections
Khidmat Sokongan, Perunding & Penyelidikan untuk Piiihanraya Bebas dan Adil
--
Panduan mengisi borang:
' Nama
No. W
Borrng M.2
Borang Aduan
Sila penuhi butkan anda: Nama, Kod Petugas, Nombor Kad Pengenaian dan
Nornbor Telebn dan Tarikh Aduan.
Lengkapkan satu set borang bagi setiap kejadian keganasan, ugutan atau
gangguan.
Bahagian Pilihanraya
N. 1 2 Peng kalan Pasir
MAKLllMAT PEMANTAU
Kod Petugas
No. Telefon
Tarikh Aduan

Appendix 3.5
MAKLUMAT KWADIAN
PERIHAL SAKSl
Adakah anda melihat sendiri kejadian?
Jika tidak, nyatakan nama, alamat dan maklumat perhubungan saksi:
KEGANASAN
Adakah kejadian melbatkan keganasan (serangan
fizikal atau kemusnahan harta benda) ?
Jika ya, nyatakan tahapnya:
UGUTAN
Adakah kejadian melibatkan ugutan (ancaman
mengganas atau seumpamanya) ?
Jika ya, nyatakan tahapnya:
GANOGUAN
Adakah kejadian melbatkan gangguan (contohnya.
bunyi biiing pasukan bermatosikal)?
Jilca ya, nyatakan tahapnya:
Nyatakan bkasi berlakunya kejadian:
Siapakah yang mebkukannya?
Nyatakan sarnada ia anggota:
LOKASI
Ya
Ya
Teruk
Ya
Te~k
Ya
Temk
Tidak
Tidak
Kecil
Tidak
Kecil
Tidak
Kecil
PELAKU
Parti Politik Pasukan Polis Selainnya

Appendix 3.5
Siapakah yang menjadi mangsa?
Nyatakan samada ia anggota:
,-
MANGSA
Parti Poliik
KEMATIAN/KECEDERAAN
Adakah kejadian melibatkan kematian atau
kecederaan?
Jib ya, nyatakan butkannya:
Adakah aduan polis dibuat?
ADUAN POUS
Jika ya, siapa, bila dan dirnana adwn dibuat?
adakah tindakan polis setetah aduan
dibuat?
w
Jib pole berada di
tempat bjadian,
nyatakan pasukan
yang hadir:
Bertindak
Sertamerta
KEHA0lR.N POCls
Pols Biasa Pasukan FRU
BVTIRAN KEJADWN
Nyatakan kejadian yang sebenamya berlaku:
Pasukan Polis
Ya
Ya
No. Repot
Setainnya
Tidak
Tiik
Berlengah Tik Berbuat
AP-
Cawangan
Khas
Selaimnya

Appendix 3.5
SPR
Adakah pegawai SPR dimaklumi atau dihubungi
mengenai kejadian?
UNDANG-UNDANG
Jika berkaitan, nyatakan undang-undang yang bersangkutan dengan kejadian yang
berlaku. (contohnya Akta Kesalahan Pilihanraya, Kanun Keseksaan, Akta Polis dsb.):
Tandatangan
Ya
Tida k

Appendix 3.6
--
MAFREL
Electoral Assistance. Consultancv & Research for Free and Fair Elections
Khidrnat Sokongan, Perundbq & Penyelidikan'untuk Pilihanraya Bebas dan Adil
Borang Pemantauan
Hari Mengundi
Panduan mengisi borang:
Sila penuhi butiran maklumat perlbadi an&, maklumat Tempat Mengundi dan
senami semakan (checklist) Hati Mengundidi bawah.
Sempumakan semua maklumat yang djpedukan dalam borang.
Lengkapkan satu set bomng 6agi set@ salumn mengundi.
PastiJan anda dibekaEk8n dengan bdangan bomng yang secukupnya deh MAFREL.
Jika beriaku sebamng kejadkn penyalahgimaan kuasa. keganasan, ugutan,
gangguan den m ah mass Han Mengundi, s#a penuhi Bomng Aduan.
Narna
No. KP
Ba hagian Pilihanraya
N.12 Pengkalan Pasir
Pusat Pembuangan Undi
MAKLUMAT PEMANTAU
Kod Petugas
, No. Telefon
MAKLUMAT TEMPAT MENGUNDI
No. Kod
No. Saluran

Appendix 3.6
Ketua Tempat Mengundi
Pegawai Polis Bertugas
MAKLUMAT PEGAWAI BERTUGAS
SENARAI SEMAKAN (CHECKLIST)
Adakah semua Ejen Empat Mengundi hadir?
Adakah peti undi diletakkan di tempat yang dapat dilihat?
Adakah peti undi ditunjukkan kosong sebelum mengundi?
Adakah peti undi dimeterai?
Adakah mbor siri sap buku ksrtas undi disemak?

Appendix 3.6
Penjelasan
Jika jawapan anda adalah "Tidak" pada rnana-rnana soalan, sila nyatakan
ketemngannya di bawah:
Tandatangan

Appendix 3.7
1
2
3
4
MAFREL
Electoral Assistance, Consultancy & Research for Free and Fair Elections
Khidmat Sokongan, Perunding & Penyelidikan untuk Pilihanraya Bebas dan Adil
Borang M.4
BORANG KNIAN DAFTAR PEMIUH
No. Set Sampel Kajian
Jawapan untuk soalan dibawah ditulis pada Set Sampel Kajian (tandakan V untuk YA dan X
untuk TIDAK)
5
6
7
8
9
ALAMAT
Adakah anda dapat mengesan kedudukan premis I tempat tinggal
pemilih?
Adakah keterangan alamat pada daftar menepati alamat sebenar?
Sifat alamat pemilih:
Sffit
0 - Tidak dikesaHak wujud
1 - Premis kediaman
2 - Rurnah kedai
3 - Premis komersil
PEMlLlH
Adakah anda be jaya memperoleh maklumat berkenaan pemilih?
Adakah pemilih dikesan tinggal menuwt alamat?
Adakah anda bersemuka sendiri dengan pemilih?
Adakah butiran peribadi pemilih benar (jantina, umur, bangsa)?
Adakah anda bgxlas hati dengan kesahihan pernilih?
T andakan
4 - Premis kerajaanJawam
Adakah anda berpuas hati dengan keterangan alamat? I
YA
YA
TlDAK
TIOAK

Appendix 6.1
Voter Identity Declaration Form
A case of a voter's identity decb ration form rejected
by a presiding officer of N .12 Pengkalan Pasir by-election on December 6,2005
-- -
-- PERANRAN-PERANRAN PLIHAN RAYA
(PENJALANAN PILIHAN RAYA) 198 1
AKUAN MENGENAI IDENTITI
-.

Appendix 7.1
HAK ANDA :
Pastikan
Adil & Bebas Pengundi
gak pilihae ray0 yang
1
I
Aku nok tanyo mung,
Wot gap0 gak mung basuh
tangae maso nok makae. Tidok
serupo kae tuh ?
PWhanRaya iahh jalan aman untuk
1.semua rakyat berhak mengundi dalam
dm menulcar -pin yang terbaik untuk kedam ma tanpa uptan, tanpa keg-,
mtadbir
tanpa pawarm ganjaran dan penipuan yang
~spn secara man rakyat atau lain.
demokratfk. Mengundi atau diundikan
sebagai don adatah hak semua warga
Mala J& ~ ~ &p n g mu. Taapi s& at.u2.~ndi mda adalah rahsia. Anda berhak
tidak, ada berbqgai unsur-unsur yang mempertahahn hak kerahsiaan anda.
mencacatkan pihn raya di Malaysia Suruhanraya Pil-ihanRaya (SPR ) rnasih
-a pemerhati-pemerhati pilih-ya meneruskan amalan mencatat nombor siri
dari negara-negara Kommonwel pengundi pada buku keratan kertas undi.
memu- -ya di Malaysia 'bebas Seterusnya ini menimbulkan prasangka umum
tetapi kwang adil' oleh pada 1990.
Kelw-kel-an yang be*ng-dang
bahawa pihak tertentu akan mengetahui undi
pilihan anda. Anda berhak menghentikan
membayangkan prestasi pilihanraya amalan ini dengan mengadu kepada Ketua
tanahair amat h n g memmkan. Demi Tempat Mengundi pada Hari Mengundi.
menjanakan pilihanraya yang telus
MAFREL sebagai badan pemantau 3. Semua rakyat berhak mendapat pendidikan
piiihanraya memberi peqjelasan disini pengundian serta matlumat dari semua calon
*gd 4- PeNFUS dan parti supaya mereka dapat membuat pilihan
pilihanraya serta parti-parti politik : yang badasarkan matlumat yang sepenuhnya.

Appendix 7.1
Pentingnya Pemantauan
Calon pilihanraya dan parti PilihanRaya
politik
Jelasnya banyak perkara-perkara tersebut yang
1. Semua calon berhak bertanding dalarn menjadi faktor penting pilihanraya yang adil dan
keadaan yang adil dan bebas. Mereka krhak bebas selalun~a dibelakangkan oleh berbagai
bersuara dan menyampailcan mesej mereka pihak. Masalah ini telah melahirkan gerakan
secara saksama dalam media, melalui pilihanraya adil dan bebas di Malaysia sejak
perhimpunan serta melalui terbitan dan beberapa pilihanraya yang dulu.
kbagainya. Bahan-bahan kempen don tidak
boleh dirosakkan oleh mana-mana pihak lain. MAFREL yang dilahirkan pada pilihanraya lalu
(2004) 'merupakan satu usaha yang mendapat
dokongan oleh berbagai badan yang perhatinkan
2. Semua calon hams diberi layanan saksama pilih8nTaya mahair, mcnyau aupaya lcbih
oleh pengurus ~ilihanra~a dan ~ihak-~ihak yangramai ralryat Malaysia mengambil bagian
lain. dalam gerakan pilihanraya yang adil dan bebas.
3. Calon-calon tidak boleh sekali-kali Sokongan anda diperlukan
menyalahguna. harta awarn samada
bangunan, kakitangan, peruntukan dana
Anda boleh menjadi mata dan telinga MAFREL
pembangunan dan sebagainya.
untuk memantau pilihanraya dan seterusnya
mengadu segala hyelewengan kepada kami
pa& bila-bila masa sahaja supaya kami boleh
Pengurus PilihanRaya mengambil tindakan yang sewajarnya untuk
membuat pembetulan.
lapengurus pilihanraya harusnya menjalankan
tugas dengan menjunjung tinggi prinsip Ingat : Pillhanraya adalah hak milik rakyat
keadilan dan ktsaksamaan mengikut piawaian mu& 1[Pada siapa pun boleb meucabul hak
antarabangsa.
anda. Tiada siapa pun boleh selewengkan
khazanah yang bernllai ini! !
2.pengurus pilihanraya harus menjalankan
kerjanya tanpa sebarang gangwan politik dari Talian terus pemantau-
mana-mana parti dalam seluruh waktu
pilihanraya.. pemantau :
Mdek : 019-2409234
Ong 013-5900339
3. SPR hams menyedia dan mengkemaskini M&* 012-2974064
satu daftar pen@ndi.yang bersih dan tidak Anuar 012-5675082
memberi peluang kepada wujudnya Syauqey 019-9503110
penyelewengan seperti pengundi hantu.
Kenyataan khas ini dikeluarkan oleh MAFREL (640757-M)

Appendix 8.1
Bernama.com
Malaysian National News Agency
BN In Bid To Bring Back 2,800 Supporters For Polls
General
December 04,2005 20:07 PM
PASIR MAS, Dec 4 (Bemama) - The Barisan Nasional (BN) is attempting to bring back
2,800 of its supporters who are outside the Pengkalan Pasir constituency to vote in the by-
election on Tuesday.
BN Kelantan chairman Datuk Annuar Musa said about 4,000 registered voters were now
living outside the constituency, including some who were outside Kelantan.
'From the total, PAS is trying to bring back more than 1,000 who are its supporters now
living in Taman Melawati (in Kuala Lurnpur)," he told a news conference Sunday.
He said the BN had sent telegrams to its supporters and their response was very positive, and
many had telephoned to say they wanted to return for the polls.
The by-election was called following the death of PAS assemblyman Wan Abdul Aziz Wan
Jdar on Oct 31. The contest is betwaen Hanafi Marnat of Barisan Nasional (BN), Hanifa
Ahmad of PAS and independent Datuk Ibrahim Ali.
Annuar warned that some opposition supporters might try to prevent the return of the BN
voters by mounting dblocks.
He said the opposition supporters would give the excuse that they were trying to keep out
"phantom votersn although it was an o hce fir anyone to stop a registered voter from
exercising his right in the by-election.
Threats were also being used to fighten Chinese voters in the constituency that they risked
losing their business trading licences if they voted for the BN, he said.
- BERNAMA