Deposits by candidates
10.—(1)  A candidate, or some person on his behalf, shall deposit or cause to be deposited with the Returning Officer, or with some person authorised by the Returning Officer in that behalf, between the date of the issue of the writ under section 6 and 12 noon of nomination day, a sum equal to 3 times the amount of deposit referred to in section 28(1) of the Parliamentary Elections Act (Cap. 218).
(1A)  In default of a deposit under this section being so made, the candidate shall be deemed to have withdrawn his candidature under section 13.
(2)  The Returning Officer shall immediately give a receipt for any sum deposited under this section and shall pay that sum into the Treasury and that sum shall be dealt with in accordance with the provisions of this Act.
(3)  Any sum required to be deposited under subsection (1) shall be paid in legal tender or by a bank draft or a certified cheque.
(4)  If a candidate is not nominated as a candidate for election, an election has wholly failed or if, after the deposit under this section is made, the candidate withdraws his candidature under section 13, the deposit shall be returned to the person by whom the deposit was made.
[11/2010]
(4A)  If the candidate dies after the deposit is made and before the poll has commenced, the deposit, if made by him, shall be returned to his legal personal representative or, if not made by him, shall be returned to the person by whom the deposit was made.
(5)  If a candidate who has made the required deposit is not elected and the number of votes polled by him does not exceed one-eighth of the total number of votes polled, the amount deposited shall be forfeited and paid into the Consolidated Fund.
(5A)  In any other case, the amount so deposited shall be returned to the candidate —
(a)where the candidate is elected, as soon as he has taken the oath or made affirmation as President; and
(b)where the candidate is not elected, as soon as practicable after the result of the election is declared.
(6)  For the purposes of this section —
(a)the number of votes polled shall be deemed to be the number of votes counted other than rejected votes; and
(b)“certified cheque” means a cheque which is certified by the drawee bank as good for payment of the sum stated in the cheque.
(7)  The Returning Officer shall, on giving notice under section 7 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1).