Malaysia legislation

Section 24

of ELECTION OFFENCES ACT 1954

Section 24

(2)

The State Elections Director shall preserve all such returns and statements with the bills and vouchers relating thereto and at all reasonable times during six months next after the publication in the Gazette of the notice mentioned in this section shall permit any person to inspect them and to make extracts therefrom on payment of a fee of ten ringgit and shall, on payment of two ringgit for each folio of one hundred words, supply a copy or copies of any part thereof; and after the expiration of the said period of six months the said documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed.

Limitation of political propaganda on nomination day 24a.  (1)  No person shall, on nomination day or days—

(a)

furnish or supply any musical instrument or loud speaker to any person with intent that it shall be used by any person in any way or used in or upon any vessel, animal, motor car, truck or other vehicle;

or

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(b)

use himself or use in or upon any vessel, animal, motor car, truck or other vehicle any such musical instrument or loud speaker, as, or for the purpose of, political propaganda.

(2)

No person shall, on nomination day or days, wait or loiter within a distance of fifty metres from the limit of any place of nomination.

(3)

Any person who contravenes any of the provisions of this section shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

Election campaign and limitation thereof 24b.  (1)  Subject to the provisions of this Act, a candidate or his election agent may hold election campaign during the campaign period.

(2)

A candidate or his election agent may, during the campaign period, open or establish or maintain offices in the constituency in which the candidate seeks election for purposes of his campaign at an election.

(3)

A candidate or his election agent may, during the campaign period—

(a)

hold, convene or organize any open public meeting, open public rally, open public display or open public entertainment; or

(b)

give any open public address or open public lecture, in the constituency in which the candidate seeks election but only if he holds a permit to do so issued to him by the police officer in charge of the district where the meeting, rally, display or entertainment is to be held or the address or lecture is to be given.

Election Offences 33

(4)

A candidate or his election agent may, during the campaign period, display, furnish or distribute election campaign materials to members of the public in the constituency in which the candidate seeks election but only if he—

(a)

holds a permit to do so issued to him by the State Elections

Director, subject to such terms and conditions as the

State Elections Director may determine; and

(b)

has paid to the State Elections Director a deposit of five thousand ringgit in the case of an election to the

Dewan Rakyat and three thousand ringgit in the case of an election to a Legislative Assembly.

(5)

On receipt of a deposit under subsection (4), the State

Elections Director shall deal with the sum so paid in accordance with the current Government financial regulations.

(6)

Subject to the by-laws of any local authority, election campaign materials include any advertisement, leaflet, brochure, flag, ensign, banner, standard, poster, placard, handbill, label or any form of temporary billboard.

(7)

No person shall, during the campaign period, display or affix any election campaign material within a distance of fifty metres from the limits of any polling station.

(8)

Any election campaign material displayed or affixed shall be removed by a candidate or his election agent within fourteen days after polling day and if the candidate or his election agent fails to comply with this subsection—

(a)

the deposit paid pursuant to subsection (4) shall be forfeited and paid to the Federal Consolidated Funds; and

(b)

the State Elections Director shall cause all the materials to be removed within a reasonable time and the cost for the removal of such materials shall be paid out of the sum forfeited under paragraph (a).

(9)

Where the cost of removing the materials referred to in paragraph (8)(b) exceeds the deposit forfeited under paragraph (8)(a), the difference shall be a debt due from the candidate to the

Federal Government and may be recovered from the candidate accordingly.

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(10)

Any person who contravenes subsection (3), (4) or (7)

shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

(11)

An offence under this section shall be a seizable offence within the meaning of the Criminal Procedure Code.

Employers to allow employees reasonable period for voting