Memorandum to Request for a Royal Commission on Electoral Reform (RCER)

Ke bawah DYMM SPB Yang DiPertuan Agong,

We the undersigned Malaysians, in support of the suggestion by the Coalition for Clean and Fair Elections (BERSIH), appeal to Your Majesty to set up a Royal Commission on Electoral Reform (RCER) promptly after the 12th General Elections on this March 8 (Saturday).

Urgency of Electoral Reform

We have no confidence in the cleanness, freeness, fairness and transparency of the electoral system and process, in all four aspects of polling, contestation, electoral system and electoral administration.

6¦1 The probity of polling is marred by severe instance of contamination of electoral rolls, fraudulent registrations, massive transfer of voters, impersonation (phantom voters), multiple voting and non-transparent postal voting for security personnel.
6¦1 No level playing fields are observed in contestation with short campaign period, selective restrictions on campaigning, media control, unchecked over-spending, and breach of administrative neutrality.
6¦1 Marred by blatant mal-apportionment and gerrymandering, the electoral system has produced such deplorable seat-vote disproportionality where by BN won 91% of seats with mere 64% of votes. In two years¡¯ time, the EC can redraw the constituency boundaries again.
6¦1 The Election Commission has acted in very partisan and unprofessional manners in conducting elections. Election laws give little room for judicial recourse on election irregularities and do not provide for the rights of observers.

As to date, BERSIH has failed to adequately meet BERSIH¡¯s five basic demands for a minimum electoral reform: (a) a thorough clean-up of electoral rolls; (b) employment of indelible ink to prevent multiple voting; (c) abolition of postal voting for military and police voters; (d) free and fair access to media; (e) a campaign period of 21 days.

As it stands, the probity of the elections may be tainted by widespread instances of frauds. Planted and phantom voters are being found in numerous marginal constituencies.

Royal Power to Appoint RCER

We appeal to Your Majesty to exercise your royal discretionary power under the Commissions of Enquiry Act 1950 (Revised 1973) to appoint and authorize a Royal Commission on Electoral Reform (RCER) whose terms of reference should cover:
(a) matters of cleanness, freeness and fairness in the entire electoral process;
(b) fact-finding and investigation into any allegations of election fraud, irregularities and misconduct in the 12th General Elections.

Sincerely,