FAIR BOUNDARIES FOR PENANG

(for Malay version, click  here )

Any form of redelineation exercise must ensure Malaysians are treated fairly (both at DUN (State Legislative Assembly) and Federal level) and represented in an appropriate manner. In order to achieve these goals for Penang, we must do the following:

• Reinstatement of the ratio of Parliamentary constituencies to DUN constituencies in a given state. Since there is no 2/3 majority in Parliament, the Parliamentary seat count for Penang remains 13. Hence, the DUN size should be either 39 (13x3) or 52 (13x4). When the DUN size is a multiple of the Parliamentary constituencies, the first step to ensure equalization of electorate (commonly known as voters) size of the constituencies of DUN and Parliamentary size is achieved.
• A Parliament constituency or DUN constituency shall not have an electorate size more than +/-15% of State Electoral Quota (for DUN and Parliament). State Electoral Quota stipulates the average of electorate size for DUN and Parliament Seat.
• For Penang, the urban population accounts more than 90% of the population and more than 90% of the population in each district (Daerah) has access to mobile phones and internet subscription at home. Hence, there is no difficulty in reaching to any electors in any rural constituency or country districts (if there are any left in Penang). Hence, all constituencies (DUN and Parliament) should be within +/-15% of the State Electoral Quota.
• Constituencies are to be allocated to each council (Penang has two - Majlis Bandaraya Pulau Pinang and Majlis Bandaraya Seberang Perai) where we strive to have every DUN constituency to be within a district (so long the equalization is attained). However, Parliamentary constituency should not be limited by district boundaries as equalization is the first priority in the redelineation exercise.
• DUN constituencies are drawn to best fit the mukim boundaries, Blok Perancangan (BP) (for Seberang Perai), township sections, contiguity and transportation networks. We must acknowledge poorly drawn polling districts by Election Commission (EC) makes some boundaries of DUN and Parliament constituency highly irregular.
• We implore EC to provide adequate polling facilities for every polling district especially in the areas of Air Putih.

This application was built in response to  Buletin Mutiara notice  about Penang government's discussion with EC state office in changing the number of DUN constituencies. Moreover, this is built in response to a Bersih's proposal of 43 DUN constituencies for Penang.

(Coming soon - a link for future objectors for redelineation exercise and another link for further data study)

Up to 1983, our Federal Constitution via the 8th Schedule (Sub-section 4 (2) mentioned that the number of DUN constituencies should be the same or multiple of the number of Parliamentary constituencies in a given state. In 1983, this requirement was removed from the constitution and such ratio are rarely adhered over the years.

In Penang, the ratio principle was respected until 2003. For example, in 1994, Penang had 11 Parliamentary Constituencies and 33 DUN Constituencies. The ratio was respected. With constituency increase both at parliamentary level and state level in 2003, the ratio was no longer respected. Penang now has 13 Parliamentary Constituencies and 40 DUN Constituencies. This creates a situation where equalization among electorate size will not take place either at DUN level or Parliamentary level.

Below here is the illustration of why non adherence to a ratio principle has serious consequences.

Hence, a proper solution to have fair boundaries for the state of Penang must respect the principle of ratio. Penang either can reduce one DUN constituency (40 to 39) or increase by 13 DUN constituencies (40 to 52). Having strong industrial base and highly urbanized setting, Penang has the option to decrease or increase the DUN size. The decision should be made based on recent revenue or projected revenues.

13th Schedule outlines the guiding principles of redelineation (found in section 2). Section 2 (c) states:

"the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies"

Let's focus on the term "except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies"

Currently, Penang has:

• 95% of its population residing in  urban areas 
• all districts where more than 90% of population has access to mobile phone and internet subscription at home

In short, for the concept the exception of 2(c) will not arise. A DUN constituency (and also the parliamentary constituency) should have an electorate size that does not deviate more than +/-15% of the State Electoral Quota.

State (DUN) Electoral Quota refers to average electorate (or voters) size for state constituency for a state. In 2020, Penang has 966659 registered voters. State (DUN) Electoral Quota is calculated as the division of total electors (voters) by number of state constituencies (for Penang - currently, it is 40). Average state constituency size is 24167 voters. For Parliament constituency, average constituency size is 74358 voters.

During a redelineation process, due to shapes of polling districts and consideration of local ties, it is impossible to have a constituency voters size of 24167. Hence, an acceptable limits should be used. We opt Merdeka era level limits of +/-15% from the State (DUN and Parliament) Electoral Quota. Below here are upper and lower limits for DUN and Parliamentary constituency electorate size

Upper Limit (for DUN): 27791 voters

Lower Limit (for DUN): 20542 voters

Upper Limit (for Parliament): 85512 voters

Lower Limit (for Parliament): 63204 voters

However, equalization of constituency sizes at the DUN level is critical to ensure equalization of the parent Parliamentary voter size

In 2016 - 2018 redelineation exercise, Election Commission (EC) pretty much skipped in rectifying any issues of unequal voter population sizes (malapportionment). Minor changes to certain polling district boundaries (building blocks of state and parliamentary constituencies) and renaming the polling districts took place. Despite having the constitutional obligations, EC refused to fix any issues of malapportionment. Penang is a classic case of unrectified malapportionment.

Out of 40 state constituencies in 2020, 23 of them are malapportioned (having too many voters or too little voters). Our map below will illustrate the situation quite effectively.

MAP 1: MALAPPORTIONMENT SITUATION IN PENANG (2020)

The above map shows constituencies that are light yellow are respecting the principles of One Person, One Vote, One Value. Constituencies that are light blue or orange are grossly malapportioned. Unlike the common narrative in Malaysia where urban constituencies having too many voters while rural constituencies having too little voters, Penang departs from this narrative for the constituencies in George Town (the capital).

Constituencies in George Town are gradually depopulating and for many years, they have voter population quite low in relation to state Electoral Quota. Interestingly, the smallest state constituency in Penang is actually an urban seat called Air Putih (Parliamentary Seat of Bukit Bendera).

Click on the polygons (in Map 1) and explore more data for each DUN.

It is important to note that during a redelineation, EC would be seeking expert advice on population spread. Such advise emanates from Department of Statistics. Hence it is surprising that EC did not consider projected population growth of various parts of Penang.

When we do a comparison between malapportionment situation with voter population change (for two years), you will see the blatant disregard EC committed in the past redelineation exercise (basically no action in Penang)

MAP 2: COMPOUNDED ANNUAL GROWTH RATE OF ELECTORATE SIZE FOR CONSTITUENCIES

If you click on the colour coded polygons in the map, you will realize few things

• State constituencies in George Town which have low population of voters are shrinking gradually. Hence, the malapportionment worsens.
• State constituencies in the heart of Butterworth and Perai which have low population of voters are shrinking gradually. Hence, the malapportionment worsens.
• State constituency of Bayan Lepas which is malapportioned (having too many voters for this instance) is experiencing the second faster voter population growth (2.5%) in the state after Pinang Tunggal. Bayan Lepas state constituency will experience greater stress in population growth.
• State Constituency of Air Putih, the smallest in the state, is gradually shrinking in its population size.

One of the requirements of 13th Schedule (the guiding principles of redelineation) is the constituency needs to be drawn with consideration of facilities that can serve as polling machines

Schedule 2(b) states that " regard ought to be to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;"

Generally speaking, we tend to assume EC has taken into consideration for the redelineation purposes. In reality, EC has drawn the polling districts of each constituency without proper consideration of available polling facilities. As soon as redelineation concludes, EC is to subdivide the constituency into polling districts and assign polling centre to each polling district. Moreover, EC has the power to change the polling stations depending on the needs and such changes must be communicated via the Gazette

Let's take the example of state constituency of Air Putih (Parliamentary Seat of Bukit Bendera). Not only it violated the principle of One Person One Vote One Value, it also violated Schedule 2 (b), we estimate nearly 80% of the voters of Air Putih had to cross DUN and parliamentary seat boundaries to neighbouring Air Itam to cast their votes. The map below illustrates our point.

MAP 3: POLLING DISTRICTS OF AIR PUTIH (COLOUR CODE WITH VOTER POPULATION) AND THEIR POLLING CENTRES (SCHOOL SYMBOLS). ARROWS POINT TO THE FLOW OF VOTERS TO POLLING CENTRES

The State Constituency of Air Putih presents a good example where polling districts were drawn without proper consideration of polling facilities. Air Putih has 7 polling districts and only polling district had its own polling centre (most likely) within in its confines (048/23/01 Bukit Bendera). All other polling district had their polling centres outside of their area. Worse still, highly populated polling districts had their polling centres in neighbouring constituencies.

In the above map, one can see the voters of Stesyen Bawah had to cross into Hye Keat Estate to cast their votes. Voters of Jalan Lintang and Hye Keat Estate cross DUN boundaries to SJK (C) Kong Min Pusat (in DUN Air Itam). Voters from Reservoir Gardens and Taman Sempadan had to travel slightly deeper into DUN Air Itam to cast their votes. These voters would be criss crossing with voters of Air Itam who want to cast their voters in SMJK Chung Ling. Voters of Race Course had to cross DUN Boundaries to vote at SJK (C) Shang Wu (in DUN Kebun Bunga). Each polling centre is marked as blue school symbol (click on them to find which polling district is being served by the school or the facility). The arrows show the movement of voters from one polling district to their polling centre.

Such allocation could have been rectified had the polling districts were drawn with two polling centres in them and constituency are drawn with proper respect to local ties. EC failed to rectify these allocations after the redelineation though they had the power to do so.

In Penang, there are couple of ways to view what constitutes local ties: Council Boundaries, District Boundaries, Mukim Boundaries, Planning Blocks (Blok Perancangan) and Councillor Wards. This can be complemented with the principle of contiguity, transportation network connectivity and other minor administrative grouping

However, the boundaries that were first laid in 2003 and subsequently adjusted during the 2016 stealth redelineation exercise (pre dating the formal 2016-18 redelineation exercise) bear fingerprints of violation of local ties. For example, polling districts that are home to Relau is parked under Paya Terubong DUN. Wouldn't it been better for Relau to be parked together with polling districts associated with Bukit Jambul area instead?

Let's take the example of Air Putih again. You notice that Air Putih DUN envelopes one of the densest parts of Penang - Rifle Range Flats. Currently, polling districts of Rifle Range Flat blocks are parked in Kebun Bunga. In reality, no polling districts in Kebun Bunga have whatsover road connectivity with the polling districts of Rifle Range area. It would be better for Rifle Range Flats to be moved to Air Putih. Such move effectively bring the equlization effect on the Air Putih and more in house polling centres.

1. Firstly, reinstate the principle of the ratio of parliamentary constituencies to DUN constituencies. For Penang, we opt either for decrease of one constituency (40 to 39) or an increase of 13 constituency (40 to 52).
2. Secondly, calculate the number of constituencies required for two council areas of Penang. Seberang Perai will have more constituencies than Penang Island due to population size difference. Formula: Total voters (2020) of Council Area (Seberang Perai or Penang Island) divided by Average DUN voter size of Penang (2020).
3. Thirdly, in each council, calculate the number of constituencies that can fit in each district. Both second and third stages of the solution mimicks on how New Zealand calculates the number of constituencies found in North Island. Formula: Total Voters (2020) of a District (Seberang Perai Utara/ Seberang Perai Selatan/ Seberang Perai Tengah/ Timur Laut/ Barat Daya) divided by Average DUN Voter Size of Penang (2020)
4. Fourthly, keep all proposed state constituencies within a district while having an electorate size that does not deviate greater than +/-15% of State (DUN) Electoral Quota. However, equalization is paramount in any redelineation exercise and hence, parliamentary constituencies are not obligated to be within a district (but remain nested in the council)
5. Aggregate polling districts into new proposed DUN with the following considerations:
• Mukim Boundaries
• Planning Blocks
• Transportation Network Connectivity
• Geographical contiguity
• Other administration divisions

Finally, identify the number of polling centres available (preferably schools first, followed by halls and finally other places used by EC in GE14). If a DUN has 10 polling districts, ideally it should have 10 polling centres. However, we have to admit this requirement is difficult to be met as polling districts drawn by EC seems to ignore the availability of facilities within them.

Below here are our two proposed solutions.

Criteria:

• 39 State Constituencies (No Alteration to the number of Parliamentary constituencies)
• Constituencies are to have voter population size to be within +/-15% of State (DUN) Electoral Quota
• Respect District Boundaries where possible (primary rule for the DUN, but parliamentary constituencies are exempted)

After using the formula elaborated in second step (Under Solution), there shall be 21 state constituencies in Seberang Perai (7 parliamentary constituencies) and 18 state constituencies (6 Parliamentary constituencies) for Penang Island. Each parliamentary seat shall have 3 state constituencies.

MAP 4: PROPOSED 39 STATE CONSTITUENCY (COLOUR CODED BASED ON EQUALIZATION LEVEL WITH BLUE BOUNDARIES), PROPOSED PARLIAMENTARY CONSTITUENCIES (WITH BLACK BOUNDARIES) AND MUKIM BOUNDARIES (DASHED BLACK LINES)/

Click on Each Colour Coded Polygon to to find the coverage area of Proposed DUN with the location of the DUN in given Mukim or Township Boundaries.

It is possible to equalize all the DUNs to be within +/-15% while respecting district boundaries. Some of the convoluted parts of the proposed DUNs (which does not respect Mukim boundaries) has to do with poor design of polling district areas.

Out of 39 DUNs, four of the proposed DUNs have number of available polling centres lesser than number of polling district. They are N.24 (enlarged version of Air Putih), N.25 (heart of old George Town), N.29 (part of Air Itam) and N.32 (part of Sungai Pinang area). This is not ideal situation and Election Commission should strive to have polling centres within every polling district throughout the state.

All the proposed parliamentary constituencies are equalized and are within the +/-15% of the State Electoral Quota (Parliament)

Criteria:

• 52 State Constituencies (No Alteration to Number of Parliamentary constituencies)
• Constituencies are to have voter population size to be within +/-15% of State (DUN) Electoral Quota
• Respect District Boundaries where possible (primary rule for the DUN, but parliamentary constituencies are exempted)

After using the formula elaborated in second step (Under Solution), there shall be 28 state constituencies in Seberang Perai (7 parliamentary constituencies) and 24 state constituencies (6 Parliamentary constituencies). Each parliamentary constituency shall have 4 state constituencies

MAP 5: PROPOSED 52 STATE CONSTITUENCY (COLOUR CODED BASED ON EQUALIZATION LEVEL WITH BLUE BOUNDARIES), PROPOSED PARLIAMENTARY CONSTITUENCIES (WITH BLACK BOUNDARIES) AND MUKIM BOUNDARIES (DASHED BLACK LINES)/

Click on Each Colour Coded Polygon to to find the coverage area of Proposed DUN with the location of the DUN in given Mukim or Township Boundaries

It is possible to equalize all but four DUNs to be within +/-15% while respecting district boundaries. Some of the convoluted parts of the proposed DUNs (which does not respect Mukim boundaries) has to do with poor design of polling district areas. The four DUNs (hence in red or green) who couldn't meet the +/-15% threshold are:

• N.5 - covering Tasek Gelugor area (-15.91%)
• N.8 - covering Telok Ayer Tawar area (-15.63%)
• N.23 - covering Bukit Tambun area (15.78%)
• N.32 - enlarged Air Putih area (15.66%)

These four DUNs exceeded the acceptable deviation by 1% and this deviation occurred due to preservation of local ties.

Out of 52 DUNs, six of the proposed DUNs have number of available polling centres lesser than number of polling district. Following are the affected DUNs:

• N.32 - enlarged Air Putih area
• N.34 - covering Komtar area
• N.37 - covering Paya Terubong area
• N.38 - covering Air Itam area
• N.41 - covering Sungai Pinang area
• N.46 - covering Pantai Jerejak Area

It is possible to equalize all DUNs and Parliamentary constituencies simultaneously while respecting local ties. Hence, the fundamental concept of ratio of parliamentary constituencies to DUN constituencies must be adopted

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