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Elections Act 1958 [Act 19]

Part V

CONDUCT OF ELECTIONS

12 Writs of election

(1) For the purposes of every general election and of any by-election, the Election Commission shall issue writs addressed to the returning officer of each constituency for which a member is to be elected.

(2) Every writ issued under subsection (1) shall be in the prescribed form and shall be returned to the Election Commission in the prescribed manner.

(3) In relation to a vacancy which is to be filled at a by-election, a writ shall be issued not earlier than four days and not later than ten days from the date on which it is established by the Election Commission that there is a vacancy.

(4) Upon receipt of a writ issued under subsection (1), the returning officer shall proceed to hold an election in the prescribed manner.

13 Election of candidates

(1) Subject to the Election Offences Act 1954 [Act 5], the candidate for a constituency who polls the greatest number of valid votes cast by the electors of the constituency shall be deemed to be the elected member for that constituency:

Provided that-

(a) whenever only one candidate stands nominated in any constituency the nominated candidate shall be deemed to be the elected member for that constituency; and

(b) when an equality of votes is found to exist between any candidates for a constituency, and the addition of a vote would entitle one of the candidates to be elected, the determination of the candidate to whom the one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer in such manner as he shall determine.


(2) Every person voting at an election shall cast his vote by means of a ballot paper to be marked by him so as to indicate his vote, and inserted by him in a secure ballot box, provided for the purpose, in such manner that the vote shall be secret:

Provide that if any person voting is blind or unable to read, his vote may be given in such manner as may be prescribed.

14 Use of schools and public buildings and premises as polling centres

(1) The Election Commission may use free of charge as a polling centre any school or any portion of a school in receipt of a grant, or in respect of which a grant is made, out of monies provided by any Government in Malaysia, or any other public building or premises or any portion thereof.

(2) The Election Commission shall make good any damage done to, and defray any expenses incurred by the persons having control over, any such school, building or premises or portion of it by reason of its being used as a polling centre.


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