Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad defended the Election Commission’s withdrawal of the usage of indelible ink on polling day, saying it may lead to legal implications besides creating confusion at polling centres.

If the ink was used, it would go against the provision under Article 119 of the Federal Constitution, he said. The provision guaranteed the right of every citizen to vote during the election.

He said the legal implication overshadowed the possible fraud cases, which were now being investigated by police.

"The attorney-general had spoken about it in the papers. We have to look back at article 119 of the Federal Constitution because it (the ink's usage) may contradict with the article. The article guarantees a Malaysian citizen to vote.

"When his name is in the electoral roll he can vote, and nobody could stop him from voting," he said after opening an Immigration Department enforcement seminar in Dewan Khoon Aik here.
On Tuesday, the Election Commission decided not to use indelible ink on voters citing a security breach and legal implication. The ink was supposed to be used to mark a voter's left index fingernail, to prevent cases of multiple voting. Attorney-General Tan Sri Gani Patail had said that amendments would have to be made on the law before the ink could be used.

Radzi, a lawyer, said the ink's usage may lead to confusion among voters and election workers on polling day.

The EC's proposal allowed an "option" for voters to refuse the ink, which then required them to fill up a special form.

Radzi said there were no provisions under law to prevent a registered voter from voting, with or without an ink-marked fingertip.

"So there is this option which confuses people," he said. “Election workers at polling centres may not be well-versed with the law to implement the ink ruling.”

source: The New Straits Times