The workings of electoral democracy face many challenges that  separate the democracy’s virtues from the sordid realities that need to  be admitted and rectified. Transformation Malaysia
IN a democracy, the government  must be representative of the people and answerable, responsible and  accountable to the wishes of society. Elections are one aspect of this  accountability.
Unfortunately, the electoral exercise in all  democracies is so colossal, involves so many details, so many people  (240,000 workers for the forthcoming elections) and so much money  (RM400mil) that it is extremely vulnerable to manipulation and  malpractices.
Despite democracy’s undoubted virtues, the sordid realities of the electoral exercise need to be noted and rectified.
A genuinely democratic electoral process must possess the following salient features.
First,  there must be in existence constitutional provisions for the existence,  composition and tenure of legislative assemblies. These are provided  for in detail in our federal and state constitutions.
Second, the electoral system must translate votes into parliamentary seats.
Two  main types of electoral systems exist – the simple plurality system and  the system of proportional representation. In the simple plurality  system, the candidate obtaining the most votes is declared elected.
There  is no requirement that he must obtain more than 50% of the votes  polled. In a three-cornered contest, the “winner” may capture the seat  with only a minority of the votes.
In addition to  non-representative outcomes in individual constituencies, the simple  plurality system permits a massive disparity at the national level  between the percentage of votes polled and the percentage of  parliamentary seats won.
For example in 2004, Barisan Nasional  won 63.9% of the popular vote but 90.4% of the Dewan Rakyat seats. In  Britain in the 70s, the victorious Labour party won only 37% of the  popular vote but a working majority in Parliament.
In contrast,  in the proportional representation system, parliamentary seats are given  to parties in proportion to the percentage of popular votes obtained by  them.
The positive outcome is that the legislature is truly representative.
But  the negative feature of a proportional representation system is that a  large number of political parties join the fray and none command a firm  majority in the legislature. Instability, frequent change of government  and gridlock result.
Third, democracy requires that a fair and  impartial machinery for delineating and revising electoral  constituencies must be in place.
Every citizen’s vote must carry  equal weight. This means that in principle, all constituencies must be  approximately equal in population size.
Unfortunately, if this  ideal were to be strictly followed, all constituencies in rural areas,  in hilly terrains as in Pahang, and in territorially large but thinly  populated states as in Sabah and Sarawak will have very few MPs.
The  Constitution in 1957, therefore, allowed a measure of weightage to be  given to rural constituencies. Unfortunately, how much weightage may be  given is no where specified and wide disparities exist.
The  largest parliamentary constituency is Kapar, Selangor, with 144,369  voters; the smallest is Putrajaya with 15,355 voters – i.e. 9.4 times  smaller. In Perak, the largest is Gopeng with 97,243 electors; the  smallest is Padang Rengas with 28,572 – a difference of 3.4.
Fourth, a fair and impartial machinery for drawing up an electoral register is necessary.
In  Malaysia, it is the job of the Election Commission to draw up the  electoral register impartially, to ensure that no one is denied the  right to vote, that there are no phantom voters or persons who have  died, that no non-citizens are allowed to register, that voters satisfy  the requirement of residence in their constituency and that no one  registers in more than one electoral district.
Fifth, the law  must permit universal adult franchise (right to vote). Regrettably, our  voting age (21 on the date of registration) is very high. Consequently,  nearly 55% of the population is rendered ineligible to vote. We need to  reduce this proportion. There is also no automatic registration.
Many  citizens are apathetic and do not register as voters. Some who do fail  to show up on election day because voting is not compulsory.
We have 13.3 million registered voters who constitute only 46% of our population of 28.9 million.
If  one were to deduct those who do not show up, this leaves only 34.5% of  the population that participates in democracy’s showcase event! We must  find ways to increase this proportion.
Sixth, there must be legal rules for the eligibility of candidates and for the nomination of contestants. These exist in detail.
Seventh,  there must be rules about the limits on the powers of caretaker  governments. In the case of PP v Mohd Amin Razali (2002), the court  provided some guidance. We could also emulate conventions from the  Commonwealth.
Eighth, legal and conventional rules exist for the  conduct of election campaigns, duration of the campaign period and  rights of political parties to reach out to the electorate. Ninth,  election expenses are controlled so that the electoral exercise does not  degenerate into a battle of cheque books.
In Malaysia, the law  puts a ceiling on the expenditure by individual candidates (RM100,000  for state and RM200,000 for federal seats) and imposes a duty to  maintain a record of contributions and filing of audited statements of  expenditure.
However, there is no control on what political parties may spend or receive by way of donation.
Tenth, the Constitution confers safeguards for freedom of speech, assembly and association.
In  many democratic countries, there are provisions for equal access to the  media for all contestants. In Malaysia, media monopoly is a serious  problem.
The Internet is, however, open to everyone and provides an alternative, though not always reliable, source of information.
In  sum, though democracy is the best form of government, there can be no  denying that behind the folklore of electoral democracy stand many myths  and many utilitarian compromises. Every where in the world electoral  reform is being called for. Unfortunately, there are no quick-fix,  simple solutions.
For this GE, many improvements, like extension  of postal votes to those abroad and use of indelible ink, speak well of  the recognition of the need for reform. But the challenges are many and,  in some cases, fundamental.
What one can hope for is that as in  the past our electoral exercise will remain peaceful and that its result  will provide a strong and stable government to lead us forward.
 > Shad Saleem Faruqi is Emeritus Professor of Law at UiTMHow to casting Your Vote?Check & Print out: Check on-line first (http://daftarj.spr.gov.my/semakpru13.aspx)  and print out your details before going to the voting center. You may  be able to by-pass the Barung counter since you have a printout and know  where to go and thus short cut your time. How to hold your ballot paper? 
Shaken indelible ink: 
 Failure  to shake the bottles vigorously has caused the ink used for polling to  be washed off easily, the Election Commission clarified, referring to  several cases during advance voting which are causing a stir in the  social media. The EC gave assurance that those who have cast their  ballots will not vote again on Sunday.
 Failure  to shake the bottles vigorously has caused the ink used for polling to  be washed off easily, the Election Commission clarified, referring to  several cases during advance voting which are causing a stir in the  social media. The EC gave assurance that those who have cast their  ballots will not vote again on Sunday.