In a joint statement, the NGOs said the expansion may start with three groups that are operationally viable in the next three weeks.
“Firstly, students in public universities outside Sabah, estimated to be 40,000-50,000; secondly, Sabahans who are hospitalised or living in nursing homes; and thirdly, candidates, election agents, polling and counting agents and other persons on-duty in the state election,” they said.
They urged Prime Minister Anwar Ibrahim to direct the higher education ministry, the health ministry, and the social welfare department to help the EC expand postal voting for Sabah voters unable to return home on polling day.
“Expanding postal voting requires no amendment of any law. The EC has the powers to declare new categories of individuals to be eligible postal voter categories via their powers provided by Section 2, Paragraph 3(1)(e) of the Elections (Postal Voting) Regulations 2003,” they said.
The groups also pointed out that Article 115 of the Federal Constitution states that “all public authorities shall, on the request of the EC, give the commission such assistance in the discharge of its duties as may be practicable”.
The CSOs are Suara Mahasiswa UMS, Hai Mandak!, Sabah Entitlement & Equity Now, Cahaya Society, PACOS Trust, Persatuan Bertindak Pilihan Raya Bebas dan Saksama, Engage, Persatuan Pemangkin Daya Masyarakat, and Projek Sama.
They suggested that EC roll out applications for the expanded postal voting from Nov 3 for the first two groups.
“While this short period of registration may limit the number of registered voters (though makes it easier in operation), it would still be greatly meaningful in the expansion of the right and facility to vote by postal ballot,” they said.
The groups suggested that Sabah students enrolled in public universities outside the state, be under a new proposed category “1D”, and Sabahans in hospitals and nursing homes, under the new category “1E”, be allowed to apply for postal voting by Nov 7.
As for candidates, election agents, PACA and other persons on-duty in the state election, under the expanded category “1A”, they should be given until Nov 15 to apply for postal voting.
“If the EC finds these to be not feasible, we welcome them to publicly explain the reason for their rejection.
“The EC must also not demonstrate inelegant silence, as if it can ignore public opinion from Sabah in particular, and Malaysia in general,” the said.
They warned that the EC and Putrajaya must answer to the public if the voter turnout for the Sabah polls fall below 60%.
Post-poll action
The groups said that after the Sabah election, the EC should undertake to build a database of those who qualify as Sabahan out-of-state voters, with the assistance of the national registration department (JPN), so that the commission may better plan and prepare for postal voting.
It also proposed that the regulations should be revised to automatically classify voters from Sabah, Sarawak, Labuan, and Peninsular Malaysia living outside their regions as eligible for postal voting, similar to overseas Malaysians.
The state election will be held on Nov 29, with nomination day falling on Nov 15 and early voting set for Nov 25.