Undi18: AGC explains why EC yet to implement voting age at 18, cites data protection and opt-out mechanism for automatic voter registration
KUALA LUMPUR, Aug 13 ― The Election Commission is unable to immediately implement a Constitutional amendment that allows Malaysians aged 18 to become registered voters as there are other concerns that need to be considered, the High Court heard today.
Today was the continued hearing by the High Court of five Malaysian youths’ lawsuit or judicial review application to seek the immediate enforcement of a 2019 Constitutional amendment, which had lowered the minimum voting age in Malaysia from the initial 21 to the new age of 18. In this lawsuit, a key argument by the Malaysian youths is that the lower voting age of 18 years old and the automatic voter registration can be done separately, while the EC and government’s view is that these two matters are part of the same Constitutional amendment that must be done together.
Senior federal counsels Azizan Md Arshad and Shamsul Bolhassan represented the prime minister, the Malaysian government and the Election Commission in the lawsuit filed by five Malaysian youths. ― Picture courtesy of Shamsul Bolhassan and Azizan Md Arshad “Why haven't these regulations been amended until now? We are in August 2021, already more than two years If some regulations and law need to be amended to put Section 3 into operation, why haven’t these laws and rules been amended in the last two years and one month, because under Section 54 , it is to act with all convenient speed, why haven’t all these rules and laws been amended so far?” the judge asked.
Azizan then explained that the government also has to consider other laws such as the Digital Signature Act. Azizan explained that it is also not mandatory for Malaysians to be registered as voters, and the current manual registration system enables Malaysians to have the right to remove their name from the electoral roll if they had been unlawfully registered, and that the EC has to consider having a mechanism for Malaysians to opt out in the future from the automatic registration system.
“Because when we talk about registration, we also have to have very strict rules, because we are now applying or asking the data of every citizen of Malaysia to be registered, and these data are all in the custody of the National Registration Department. Simon Siah and Clarice Chan are the lawyers representing the five Malaysian youths in their lawsuit against the prime minister, the Malaysian government and Election Commission. ― Picture courtesy of Simon Siah and Clarice Chan
She also argued that voter registration and actually voting are two different things, saying that voting is only an option for the voter during elections and does not affect their Constitutional rights to be registered as a voter.
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