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Tuesday, May 24, 2011

SPR Form 14 Statement of the polls after counting

Why is this important?
For each counting station, Form 14 is the official statement of counting in that station and cannot be changed. If a PR candidate or his Counting Agent is unable to get a copy of Form 14 signed by the KTM, it is possible for the results to be changed and this has happened in the past, resulting in a loss for the opposition candidates.
3 samples of Form 14 are attached - English, Malay and a copy of an official count.

What if the KTM refuses to issue Form 14 to a Counting Agent?
There are rules and regulations governing the issue of this very important Form.
1. SPR Guide Book for Polling Agent, Counting Agent and Barung Observers: Buku Panduan Ejen Tempat Mengundi, Ejen Mengira Undi dan Pemerhati Barung.
Page 9, Clause 8.2: Satu Salinan Penyata Pengundian Selepas Pengiraan Undi (Borang 14) akan diberi kepada Ejen Mengira Undi. (A copy of Form 14 shall be issued to the Counting Agent).

What laws govern the KTM's conduct?

Refer to Election Laws published by International Law Book Servicesas at 1st Apr 2009 :
page 27, Election Offences Act 1954 (Act 5), Paragraph 4(g):

"is without reasonable cause guilty of any act or omission in breach of his official duty,"
"shall be liable, on conviction, to imprisonment for a tem not exceeding two years or a fine not exceeding five thousand ringgit or to both such imprisonment and fine and,....."

It means that the KTM is required by law to issue Form 14 to the Counting Agent.
There are other procedures binding the action of the KTM.
Election Law Book referred to above.
Elections (Conduct of Elections) Regulations 1981, page 138 Clause 25. Counting of votes by Presiding Officer, paragraph 12:

"12. Subject to paragraph (13), the presiding officer shall, immediately after the completion of the counting of the votes -
[Am. PU (A) 67/04] (a) announce to every candidate or his election agent or counting agent who is present the number of votes given to each candidate;
[Am. PU (A) 67/04] (b) prepare a sufficient number of copies of the statement of the poll in Form 14 in the First Schedule, which shall be certified by the presiding officer and signed by each candidate or his election agent or counting agent who is present and who desires to sign the statement of the poll, as follows -
[Am. PU (A) 67/04] (i) one copy, for the returning officer, shall be enclosed in a special enverope supplied for the purpose, affixed with a security tape which shall be signed by the presiding officer; and
(ii) one copy shall be delivered to each of the candidate or his election agent or counting agent as attend;

The Counting Agent must sign on Form 14 at the bottom of the form, below the presiding officer's signature, to prevent any unauthorised changes to Form 14 to favour any party!
It is also important to remember that the Counting Agent depends on the Polling Agent ensuring that the presiding officer fills up Form 13 properly, that it is signed by both the presiding officer and the Polling Agent, and that a copy of Form 13 (copied manually by the Polling Agent from the presiding officer's copy) be given to the Counting Agent for reference.
The number of ballot papers recorded in Form 13 will dictate how many ballot papers should appear in the ballot box during counting.


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