4. SABAH 16th STATE ELECTION A. Introduction The Sabah State Election took place on 26 September to elect 73 members of the 16th Sabah State Legislative Assembly. The previous Assembly was dissolved on 30 July. The snap election was called after a political crisis. Both YB Datuk Seri Panglima Hj. Shafie Apdal, the incumbent Chief Minister and leader of Sabah Heritage Party (WARISAN) and Pakatan Harapan (PH) coalition government, and YB Tan Sri Musa Aman, leader of Perikatan Nasional (PN) and the Barisan Nasional (BN) coalition opposition, claimed to have the majority to form the state government. However, Governor Tun Juhar Mahiruddin decided to dissolve the State Legislative Assembly on YB Datuk Seri Panglima Hj. Shafie’s advice. After the dissolution, the Election Commission (EC) announced that nomination would be held on 12 September and polling on 26 September. The state election was conducted under special SOPs imposed by the EC in line with Malaysia’s new normal. The country was under a Recovery Movement Control Order (RMCO) due to the COVID-19 pandemic. Article 21(3) of the UDHR and Article 25(b) of the International Covenant on Civil and Political Rights (ICCPR), guarantee the right to vote freely and to be elected fairly through universal and equal suffrage. The election is by secret balloting or equivalent free voting procedures, where the results are to be accurately counted, announced and respected. As the right to participate in the democratic process is a human rights concern, SUHAKAM decided to oversee and monitor the election process to protect the people’s rights. Moreover, EC invited SUHAKAM to observe the election. The EC also invited observers from various government agencies. SUHAKAM conducted the monitoring exercise as an independent body and an observer recognised by the EC. In its history, SUHAKAM monitored the by-elections in the state seats of Galas, Kelantan in 2010, Sg. Kandis, Selangor in 2018, and the historic 14th General Election in 2018. For the 2020 Sabah state election, SUHAKAM monitored the following: 74 ANNUAL REPORT 2020