Are PPBM and DAP candidates standing as independents?

TTF: Section 11(2) of the Elections (Conduct of Elections) Regulations 1981 stipulates the following:

Referring to clauses 2(c) and 2(d) and with reference to the yet-to-be-approved Pakatan Harapan pact (meaning, the pact is illegal insofar as the Registrar of Societies (RoS) is concerned), the following applies:

1. It is illegal for all factions involved in electoral contests during the upcoming 14th general election (GE14) to reference any candidate seen associating himself (or herself) with the unofficial Pakatan Harapan (hereinafter referred to as “PH”) pact as a PH candidate during the official campaign period.

2. It is illegal for all factions involved in electoral contests during the upcoming GE14 to reference any party seen associating itself with the unofficial PH pact as a party representing PH during the official campaign period.

3. Considering that Chow Kon Yeow has declared (see news item, attached below herein) that use of the PKR logo for GE14 by various quarters who are referring to themselves as “PH candidates” did not mean they were joining PKR, we can assume that Chow meant either of the following (in orange):

a) that all candidates who aren’t already PKR members will contest as independents

b) that some candidates who aren’t already PKR members will contest as PKR members, while others who aren’t already PKR members will either contest as independents or contest as members of parties they already represent

4. In the event Chow meant (a), we can rest assured that candidates who are existing DAP members will relinquish their membership in the party to contest using the PKR symbol.

5. In the event Chow meant (b), we can assume that some or all candidates of the now defunct PPBM will apply to join PKR, considering that there wouldn’t be a problem for ‘PPBM candidates’ to join PKR as these candidates no longer belong to any party. 

6. However, assuming point numbered 5 is true, there will be the question of whether or not we can expect some candidates from the DAP to join PKR, and whether or not these candidates will relinquish their membership from the DAP before hopping over to PKR

7. In either case, the said candidates would be required to produce “a written authority signed by a responsible official (from PKR) authorising the candidate to use (the PKR symbol) for the purposes of the election” in accordance with a provision under clause 2(d) of the Elections (Conduct of Elections) Regulations 1981.

7. In either case, there will be the question of whether or not it is legal for independent candidates or candidates from the DAP to use the PKR symbol, given that Section 2(c) clearly stipulates that a “party symbol” is submitted to the Election Commission (EC) by a political party “for the use of its candidates at any election.”

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GEORGE TOWN: Pakatan Harapan (PH) candidates’ use of the PKR logo for the 14th general election did not mean they were joining the party, Penang DAP chairman Chow Kon Yeow said today.

His remarks indicate that PKR’s logo will most likely be selected as the common symbol for PH candidates, after DAP said its candidates will not use its customary rocket for the polls.

PPBM has also been provisionally deregistered while Amanah’s logo is not widely recognised, making its selection unlikely.

“We are not using our logo, but only using another logo endorsed by the Election Commission,” the state exco told reporters after launching a pocket park in Tanjung Bungah today.

He said the nominees technically remained DAP candidates, only that they were officially contesting under the PKR logo.

Chow also said the move was not a violation of DAP’s rules against party hopping.

“The candidates will remain as DAP candidates and members,” he said.

Penang Chief Minister Lim Guan Eng said this is the first time DAP is “resting the rocket logo”.

PH is due to announce its choice of a common logo in Johor. The pact had initially planned to use its logo for the polls, but failed to formally register it.

“This is so that the people could get a clear choice this GE14,” Lim said.

Accusing rival Barisan Nasional of “cruelty”, Lim said this could be the first time that a candidate to be prime minister is barred from using his party’s logo.

PH has designated chairman and former prime minister Tun Dr Mahathir Mohamad for the position.

Source: The Malay Mail Online

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