2023 Kemaman by-election

2023 Kemaman by-election

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P040 Kemaman seat in the Dewan Rakyat
First party Second party   Candidate Ahmad Samsuri Mokhtar Raja Mohamed Affandi Raja Mohamed Noor Party PAS Direct Member Alliance PN BN Popular vote 64,998 27,778 Percentage 70.06% 29.94%
MP before election Che Alias Hamid (disqualified) PN (PAS) Elected MP Ahmad Samsuri Mokhtar PN (PAS)

The 2023 Kemaman by-election was a by-election that was held on Saturday, 2 December 2023 for the Dewan Rakyat seat of Kemaman. It was called following the disqualification of incumbent, Che Alias Hamid on 26 September 2023.^[1]

The election was the third federal by-election since GE15 after the Kuala Terengganu and Pulai by-elections that were held earlier the year.^{[note 1]} Ahmad Samsuri Mokhtar won by the majority of 37,220 votes.

Kemaman is a Malay/Muslim-majority seat comprising predominantly 94.1% of the overall voters, followed by 5.0% Chinese, 0.5% Indians and 0.4% of other ethnicities.

Che Alias, a member of the Malaysian Islamic Party (PAS) of Perikatan Nasional (PN) was first elected as the Member of Parliament (MP) for Kemaman in Terengganu defeating Ahmad Said of the United Malays National Organisation (UMNO) of Barisan Nasional (BN) coalition, Hasuni Sudin of the People's Justice Party (PKR) of Pakatan Harapan (PH) coalition and Rosli Abd Ghani of the Homeland Fighters Party (PEJUANG) of Gerakan Tanah Air (GTA) coalition by a majority of 27,179 votes in 2022 general election (GE15).

On 26 September 2023, the Terengganu Election Court annulled the results of the Kemaman seat in the 2022 general election. With this, Che Alias lost his seat and was disqualified as an MP with immediate effect. Judge Anselm Charles Fernandis ruled that the petitioner of BN Wan Mohamad Hisham Wan Abdul Jalil succeeded in proving that there had been elements of inducement of voters during the campaigning period of the election and corruption had taken place with the aim of influencing voters through programmes of fund distribution by the Terengganu state government in the election. He added that although the Terengganu state government was not in caretaker capacity and was allowed to work normally as the Terengganu State Legislative Assembly was dissolved and Terengganu state election was held separately in 2023, it did not mean the programmes should be held so close to the election. The court also ordered Che Alias to pay RM 30,000 to Wan Mohamad Hisham. Che Alias was represented by lawyers Wan Rohimi Wan Daud and Saifuddin Othman while Wan Mohamad Hisham was by lawyers Mohd Hafarizam Harun, Amin Othman and Norhazira Abu Haiyan. Hafarizam stressed that the Anselm had called the lead counsel of both parties into his chambers and informed them that he would notify the Election Commission (EC) of his ruling on a week later on 3 October 2023 if there was no appeal notice, indicating a decision on whether to file a notice of appeal should be made by that day and within a week. On 3 October 2023, Secretary-General of PAS Takiyuddin Hassan announced that Che Alias and PAS had decided against filing a notice of appeal to the Federal Court. Following that, the by-election was triggered.^[2]

On 3 October 2023, Deputy Prime Minister, Chairman of BN and President of UMNO Ahmad Zahid Hamidi stressed that it would be good for BN to test the electoral support for the coalition in Kemaman once again although the opposing PN has the advantage in the Malay-majority and rural areas like Kemaman and bring down the majority of PN in the by-election from its majority in the 2022 general election should it win.^[3]

On 13 November 2023, BN nominated former Chief of Defence Forces Raja Mohamed Affandi as its candidate. Affandi stands as a direct candidate, unaffiliated with any of the component parties within BN.^[4] Affandi is the first direct member to contest a by-election since Ramli Mohd Nor in the 2019 Cameron Highlands by-election although Ramli subsequently joined UMNO following his election.

On 16 November 2023, PN nominated Menteri Besar of Terengganu and Member of the Terengganu State Legislative Assembly (MLA) for Ru Rendang Ahmad Samsuri Mokhtar as its candidate.^[5]

On the nomination day, 18 Novemner 2023, it was confirmed that there will be a straight fight between Affandi of BN and Samsuri of PN after nominations closed.^[6] As per the 2022 Malaysia general election in Terengganu and 2023 Terengganu state election, PN will use PAS' name and logo on its candidate, regardless of the candidate party.

The key dates are listed below.

Malaysian general by-election, 2 December 2023: Kemaman
Upon the disqualification of the incumbent, Che Alias Hamid

Party		Candidate	Votes	%	∆%
	PAS	Ahmad Samsuri Mokhtar	64,998	70.06	11.95
	BN	Raja Mohamed Affandi Raja Mohamed Noor	27,778	29.94	4.13
Total valid votes			92,776	100.00
Total rejected ballots			478
Unreturned ballots			35
Turnout			93,289	65.76	15.36
Registered electors			141,043
Majority			37,220	40.12	16.08
	PAS hold		Swing
Source(s) https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/1918066/PUB535_2023.pdf

Ahamd Samsuri, the winner of the by-election, were sworn in as the new MP for Kemaman on 8 December, in Dewan Rakyat.^[7]