ALOR STAR: The Election Commission is looking into the issue of caretaker Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor showing his marked ballot paper while posing for press photographers this morning.
A spokesman with the commission said the matter would be referred to its Legal Department for a review.
"It is a matter of legal interpretation since there are two differing opinions. We can't comment yet until the Legal Department studies the matter," he said when contacted.
Sanusi, who is defending his Jeneri seat for the second term apparently revealed his vote when he showed his marked ballot paper before folding it and placing it into the ballot box at his polling centre at SK Bandar Baharu Beris Jaya, Jeniang, at 11am.
Revealing one's vote is an offence under Section 5 of the Election Offences Act 1954 as it is in direct conflict with the core principle of upholding voting secrecy.
If proven guilty, he faces a maximum sentence of a year in jail or a fine of up to RM3,000, or both, which would mean he would be disqualified and have to vacate the seat if he wins it.
A by-election would then have to be held.
Sanusi, who is also Perikatan Nasional election director arrived at the polling centre with his wife Tok Puan Jusmalailani Jusof to cast his vote.
Sanusi is facing a straight fight with Barisan Nasional candidate Datuk Muhamad Khizri Abu Kassim.
In the last state election, held simultaneously with the 14th General Election, Sanusi defeated BN candidate Mahadzir Abdul Hamid and Pakatan Harapan's Mohd Nazri Abu Hassan with a 2,455-vote majority.
There are 35,079 eligible voters in the constituency with over 90 per cent Malay voters.