# The Elections Act 1958 and the Election Commission

> The Election Commission (SPR) is an independent body established under the Constitution to conduct elections, maintain the electoral rolls and review constituency delimitation; its legal framework includes the Elections Act 1958 and the Election Offences Act 1954.

- Category: law
- Language: en
- Status: published
- Updated: 2026-08-07
- Canonical: https://negaraku.md/en/law/elections-act-and-election-commission

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Every time Parliament is dissolved and the country moves towards a general election, the same body acts as the referee: the Election Commission. It is the one that sets the date, revises the electoral rolls, manages nomination day and polling day, and declares the results. Yet its powers and limits come not from any government in office, but from the Federal Constitution itself.

This article describes, in a descriptive manner, the constitutional position of the SPR, its delimitation function, and the framework of Acts that governs how elections are conducted. It presents facts and a range of views neutrally, without taking sides.

## Where does the SPR get its powers?

The SPR's position begins in Part VIII of the Federal Constitution. Article 113(1) provides that there shall be an Election Commission established in accordance with Article 114, and which — subject to federal law — conducts elections to the Dewan Rakyat and the State Legislative Assemblies and prepares and revises the electoral rolls for those elections.

Article 114 in turn determines its membership. The SPR is appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, and consists of a chairman, a deputy chairman and five other members. In making the appointments, Article 114(2) requires the Yang di-Pertuan Agong to have regard to the importance of a commission that "enjoys public confidence".

Several provisions of Article 114 are designed to support the independence of the commission:

- **Security of tenure.** A member may not be removed except on the like grounds and in the like manner as a judge of the Federal Court.
- **Retirement age.** A member ceases to hold office on attaining the age of 66 (amended from 65 by Act A1320, in force 27 December 2007).
- **Protection of remuneration.** The remuneration of members is charged on the Consolidated Fund, and their terms of office may not be altered to their disadvantage after appointment.
- **Prohibition on conflicts of interest.** A member ceases to be qualified if he becomes an undischarged bankrupt, holds any other office of profit, or becomes a member of Parliament or of a State Legislative Assembly.

## What does the SPR actually do?

Article 113 gives the SPR three main groups of functions. The following table summarises them.

| Function | Constitutional basis | Note |
| --- | --- | --- |
| Conducting elections to the Dewan Rakyat and the State Legislative Assemblies | Article 113(1) | Includes general elections and by-elections |
| Preparing and revising the electoral rolls | Article 113(1) | The electoral rolls are further regulated by the Elections Act 1958 |
| Reviewing the delimitation of electoral constituencies | Article 113(2) | In accordance with the principles in the Thirteenth Schedule |
| Making rules for the purposes of its functions | Article 113(5) | Effective subject to federal law |

Article 113(4) also allows federal or State law to confer on the SPR power to conduct elections other than those mentioned in Clause (1).

## How is the delimitation of electoral constituencies reviewed?

Delimitation — that is, the drawing of the boundaries of Parliamentary and State constituencies — is among the SPR functions that attract the most public attention. Article 113(2) sets out several important timing conditions:

- **Eight-year interval.** There must be an interval of not less than eight years between the date of completion of one review and the date on which the next review begins.
- **Completed within two years.** A review must be completed within a period not exceeding two years from the date it begins.
- **Separate reviews by region.** Article 113(6) requires separate reviews to be carried out for the States of Malaya, and for each of Sabah and Sarawak.

Delimitation proposals are not made entirely freely; they must comply with the principles contained in the **Thirteenth Schedule** of the Constitution. The date a review begins is the date the notice is published in the Gazette, while the date of completion is the date the report is submitted to the Prime Minister (Article 113(9) and (10)). After that stage, in accordance with the process provided in the **Thirteenth Schedule** (and not in Article 113), the final delimitation proposals are laid before the Dewan Rakyat for approval before taking effect; the details of this step should be checked against the text of the Thirteenth Schedule.

The issue of delimitation is the subject of ongoing public discussion. Some parties — including civil society groups and a number of academics — voice concerns about the imbalance in the number of voters between areas (malapportionment) and the shape of certain boundaries. Others emphasise that the process is bound by the principles of the Thirteenth Schedule and subject to Parliamentary approval and judicial review. Both views exist in public discourse; this article does not assess the merits of either side.

## What Acts govern how elections are conducted?

The Constitution sets out the broad framework, but the operational details come from several Acts of Parliament that are referred to directly in Articles 113 and 114.

**The Elections Act 1958 (Act 19).** According to its long title, this Act makes provision for elections to the Dewan Rakyat and the State Legislative Assemblies and for the registration of electors. Among the matters it regulates are the registration of electors (the preparation, publication and revision of the electoral rolls), the appointment of officers such as the returning officer, the conduct of elections, and the power to make regulations. Subsidiary regulations such as the Elections (Conduct of Elections) Regulations detail the procedures for polling day. The section numbers for these operational details should be checked against the official text of Act 19.

**The Election Offences Act 1954 (Act 5).** According to its long title, this Act is intended to prevent election offences and corrupt and illegal practices, provides for the appointment of election agents, regulates election expenses, and provides for election petitions. The corrupt practices it regulates include personation, treating, undue influence and bribery. The long title and the related section numbers should be checked against the official text of Act 5.

**The Election Commission Act 1957 (Act 31).** Referred to in Article 114, this Act makes provision for the remuneration and terms of office of members of the commission.

In short, the Constitution establishes and protects the commission, the Elections Act 1958 makes provision for registering voters and conducting the vote, and the Election Offences Act 1954 sets out the offences and corrupt practices that can undermine an election.

## How independent is the SPR?

The constitutional design places the SPR as an independent body — appointed after consultation with the Conference of Rulers, protected by security of tenure equivalent to that of a judge, and with its remuneration charged on the Consolidated Fund. At the same time, its delimitation proposals require Parliamentary approval in accordance with the process in the Thirteenth Schedule. In terms of administrative arrangement, the SPR is often described as being placed under the Prime Minister's Department; this administrative detail should be checked against official sources.

There are various views on this balance. Some argue that the existing constitutional provisions already provide sufficient independence; others propose additional reforms to strengthen operational independence and transparency. This remains an open policy debate, and readers are encouraged to consult official sources and a range of views directly.

## What comes next

To understand the full picture, start with the official texts: Articles 113 and 114 of the Federal Constitution and the Thirteenth Schedule, which can be accessed through the SPR portal. For operational details, refer to the Elections Act 1958 (Act 19) and the Election Offences Act 1954 (Act 5).

This draft was prepared with the assistance of AI and has not yet undergone human review. Because the topic of elections is sensitive, all figures and statements should be re-checked against official sources before publication, and reviewers are encouraged to add references directly to the texts of the Acts as well as the SPR's most recent delimitation reports.

## Sources

- Perlembagaan Persekutuan — Perkara 113: Penjalanan Pilihan Raya — https://spr.gov.my/wp-content/uploads/2024/10/perkara-113-penjalanan-pilihanraya.pdf (Suruhanjaya Pilihan Raya Malaysia (SPR))
- Perlembagaan Persekutuan — Perkara 114: Keanggotaan Suruhanjaya Pilihan Raya — https://spr.gov.my/wp-content/uploads/2024/10/perkara-114-keanggotaan-suruhanjaya-pilihan-raya.pdf (Suruhanjaya Pilihan Raya Malaysia (SPR))
- Akta Pilihan Raya 1958 (Akta 19) — teks rasmi Undang-Undang Malaysia — https://www.parlimen.gov.my/images/webuser/jkuasa/memorandom/BERSIH%202.0/Elections%20Act%201958.pdf (Parlimen Malaysia)
- Akta Kesalahan Pilihan Raya 1954 (Akta 5) — teks rasmi Undang-Undang Malaysia — https://www.parlimen.gov.my/images/webuser/jkuasa/memorandom/BERSIH%202.0/Election%20Offences%20Act%201954.pdf (Parlimen Malaysia)

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