PROPOSED AMENDMENT TO CURRENT ELECTION LAW

Under the current law, such as the Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.

It is noted that the existing provision for such situation is not comprehensive as:-

(a) it does not penalize an assemblyperson who does not wish to continue to contest as an assemblyperson in the near future; and

(b) it does not ensure that the party which the assemblyperson belongs to (save as for independent candidates), being made responsible for such resignation and thus, making the party more prudent in choosing the candidate in future.

As such, I am of the view that the Election Commission should take the appropriate steps to propose amendment to the Election Act 1958 (including other related act and regulations) as follows:-

(i) that there shall be a monetary penalty of RM50,000 (for State Legislative Assembly) and RM100,000 (for the House of Representatives) to those assemblyperson who resign his membership of the House of Representatives or Legislative Assembly of the State, save as by reason of death, illness or other conditions rendering the assemblyman unfit to discharge his duties. However, if the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition, the monetary penalty shall be halved; and

(ii) that the party which the assemblyperson belongs to, shall be disqualified from contesting at the constituency of the assemblyperson, for a period of 5 years beginning with the date on which the resignation takes effect. However, such disqualification should not prohibit other party within a coalition which the party belongs to contest at the by-election or that the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition

Note:
1. The difference for the proposed monetary penalty for the State Legislative Assembly and the House of Representative is due to the cost in holding a by-election for the respective area.

2. I am of the view that an assemblyperson shall not be penalized severely (including the party) should the reason of the resignation is to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. In fact, our current legislation prohibits an assemblyperson from obtaining a fresh mandate from the people for the assemblyperson to enter into another party or coalition as such assemblyperson would be disqualified from contesting for a period of 5 years.

(iii) I would also propose that the current provision in Federal Constitution (Article 48(6)) and the provision of the state constitutions, for the disqualification of an assemblyperson for a period of 5 years, should not be applicable to assemblyperson who wishes to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. However, the proposed monetary penalty (though being halved) should still be applicable.

I hope that the aforesaid proposals can be considered and the series of events which are occurring lately in our country should be viewed as signs that our country election laws need to be reviewed for the benefit of the people and our country.

Thank you.
(extract from my proposal letter to the Election Commission dated 18th April, 2009)