KUALA LUMPUR – It is unconstitutional to limit voting rights of individuals who are not fully vaccinated, said legal experts, although the Election Commission (EC) later denied its chairman Datuk Abdul Ghani Salleh as saying so.
A constitutional lawyer told The Vibes the government should instead look at ways to accommodate the unvaccinated in exercising their rights.
Another expert argued that there has been enough time to formulate safe standard operating procedures for this group close to two years into the pandemic.
International Islamic University Malaysia Assoc Prof of Law Khairil Azmin Mokhtar said all citizens must be allowed to exercise their rights under the federal constitution.
He said while it is acceptable for the government to impose certain restrictions on those who opt not to take the Covid-19 vaccine jabs, it should not go as far as infringing on a person’s rights.
“Restrictions, like bans on interstate travel and dining in, although discriminatory, are allowed under the constitution and necessary in the wider context of public health. In court, we call it reasonable classification. Basically, if it is justified, then it is legal.
“But what cannot be done is denying a person’s constitutional right to vote. It is unacceptable and unconstitutional,” he said yesterday.
Extend voting hours, separate polling rooms
Article 119(1) of the federal constitution stipulates that it is the right of every citizen aged 21 and above who is a resident in a constituency and is a registered voter to cast their ballots in any election.
Giving the EC the benefit of the doubt, Khairil said he hopes the commission will issue updated SOPs ahead of the polls next month.
Among other things, he proposed that the EC extend the voting hours beyond the standard 8am to 5pm, allow the unvaccinated to cast their ballots via post, or allocate a separate room for these individuals to vote to separate them from the inoculated.
Khairil was commenting on Ghani’s views in a press conference yesterday that only fully vaccinated individuals will be allowed in polling centres, among several SOPs for the Melaka election, which also includes allocating time slots for voters to be present at the polling centres.
“We have strict SOPs at polling centres. The conditions include completing two doses of the vaccination, wearing face masks and observing physical distancing. Therefore, we urge all voters to get themselves vaccinated…there is still time,” he said.
However, later yesterday, the EC – in an apparent U-turn – clarified that voters do not need to be fully vaccinated to cast their ballots.
In a statement, Ghani denied having made fully vaccinated status a condition for voters, as widely reported in the media.
He added that the EC has yet to finalise the SOPs for the state polls.
The EC has set November 20 as polling day for the Melaka polls, November 8 for nomination and November 16 for early voting.
The electoral body is expecting a turnout of around 70% of the more than 295,000 registered voters. Presently, 68.6% of the overall population in the state are fully vaccinated.
‘Right to vote sacrosanct’
Constitutional lawyer Lim Wei Jiet similarly took the government to task over any proposal to bar unvaccinated individuals from polling centres, saying the right to cast ballot is “sacrosanct and very important”.
“Public health concerns are important, too, I understand, but to ban a person from voting just because he is not vaccinated is disproportionate.”
Like Khairil Azmin, Lim also proposed the extension of voting hours, as well as allowing for postal ballots.
“The solution is not to ban them, but to be more productive in the way the EC conducts its elections. In light of that, I feel the action it has taken is disproportionate, especially when it can use many other methods.”
If the government does not reverse its decision to ban the unvaccinated from voting, Lim said the group can take legal action to strike down the condition. – The Vibes, October 19, 2021
