ERC ready to assist govt on law to postpone polls in times of crisis

Its chairman Tan Sri Abdul Rashid Abdul Rahman said there was a need for an overall review of the existing laws to allow a by-election, state election or general election to be postponed during crises including health crisis, turmoil, environmental disaster or a situation that threatened national security.

"For this purpose, a special provision could be included in the Federal Constitution and Elections Act 1958 to give the Election Commission (EC) the power to take necessary actions during any crisis that is detrimental to the nation," he said in a statement today.

Abdul Rashid, a former EC chairman, was responding to the statement by Minister in the Prime Minister's Department (Special Functions), Datuk Seri Mohd Redzuan Md Yusof that the government was prepared to draw up a law involving the elections to curb the spread of COVID-19.

"The current legal framework only empowers the EC to manage the elections, that is, this independent body must hold an election when there is a vacancy but there is no provision for it to postpone the election," he said.

Under Clause 1, Article 54 of the Federal Constitution, the EC must conduct an election within 60 days to fill a vacancy.

In this respect, Abdul Rashid said new provisions needed be introduced to overcome situations which could interfere with democracy in holding an election and erode freedom, justice and tranparency of the election process.

He said the basic features of a democratic election could not be ignored while a perfect method based on the existing law should not be set aside just for the sake of completing an election.

"So, the time has come to add a new provision to the Constitution or a new section to the Elections Act 1958 to further empower the EC in managing elections in the country.

"In a democratic election, each candidate and each political party should be given ample opportunities to campaign while the voters should not be hampered by restrictive rules in fulfilling their responsibility of voting," he added.

On Aug 27, the ERC proposed to Prime Minister Tan Sri Muhyiddin Yassin that the ER draw up special guidelines on managing elections in times of crisis, to ensure preparedness in facing unexpected situations or emergencies.

These include natural calamities, riots and curfews like the Movement Control Order during a pandemic that cannot be overcome within a short period of time.