PART 3 | Number of Members to be returned for each electoral division and group representation constituency |
22.—(1) Subject to subsection (2), each electoral division must return one Member to serve in Parliament.| (2) Each group representation constituency must return the number of Members to serve in Parliament designated for that constituency by the President under section 8A(1)(a). |
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| Assistant Returning Officers |
23.—(1) The Minister may, in addition to appointing the Returning Officer under section 3, appoint by name or by office one or more persons to assist the Returning Officer in the performance of the Returning Officer’s duties.| (1A) A person appointed to assist the Returning Officer has all the powers and may perform all the duties of the Returning Officer and any reference in this Act to the Returning Officer is deemed, unless the context otherwise requires, to include a reference to an Assistant Returning Officer. |
| (1B) An appointment made by the Minister under subsection (1) may be revoked by the Minister at any time. |
| (2) If the Returning Officer is, by sickness or other cause, prevented or disabled from performing any of his or her duties under this Act and there is insufficient time for any other person to be appointed by the Minister, the Returning Officer may appoint, by name or office, a deputy to act for him or her. |
| (3) Every appointment made under subsection (2) must as soon as possible be reported to the Minister and may be revoked by the Minister, but without affecting the validity of anything already done by the deputy. |
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24.—(1) For the purposes of every general election of Members of Parliament, and for the purposes of the election of Members to supply vacancies caused by death, resignation or otherwise, the President must issue writs under the public seal, addressed to the Returning Officer.| (2) Every such writ must be in Form 1 in the First Schedule and must specify the date or dates (called in this Act the day of nomination) not being less than 5 days nor more than one month after the date of the writ and the place or places of nomination (called in this Act the place of nomination). |
| (2A) In respect of any group representation constituency, no writ may be issued under subsection (1) for an election to fill any vacancy unless all the Members for that constituency have vacated their seats in Parliament. |
| (3) Upon receipt of the writ, the Returning Officer must proceed to hold the election in the manner provided in this Act. |
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| Notice of time and place of election |
| 25. On the President issuing a writ, the Returning Officer must give notice of the issue of the writ and of the day, time and place of the nomination of candidates by causing a notice in Form 8 in the First Schedule to be published in the Gazette at least 4 clear days before the day fixed for the nomination. |
26.—(1) Whenever an election in any electoral division wholly fails, a fresh writ may be issued by the President at any time for the holding of an election in that electoral division, except that where the election in an electoral division has failed because of the death of a candidate after the election has been reported as contested but before polling day, then section 34(8) and (9) or 34A(8) and (8A) (as the case may be) applies.| (2) The original writ for an election in any electoral division that has wholly failed and everything done in connection with the election for the electoral division because of that writ have no effect. |
| (3) Where a fresh writ is issued under subsection (1), sections 24 and 25 apply to that writ. |
(4) For the purposes of this Act, an election has wholly failed if —| (a) | in the case of an election in a group representation constituency — no group of candidates is nominated or returned as elected for that constituency; or | | (b) | in the case of any other electoral division — no candidate is nominated or returned as elected for that electoral division. |
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27.—(1) Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may be nominated as a candidate for election.(2) A person may be nominated to be a candidate for election only by means of a nomination paper in Form 9 in the First Schedule, which must —| (a) | set out the name, identity card number and occupation of the person; | | (b) | be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the electoral division in which the person seeks election; | | (c) | contain a statement, signed by that person, to the effect that he or she consents to the nomination; and | | (d) | contain a statutory declaration by the person seeking nomination stating that he or she is qualified to be elected. |
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| (3) Every candidate must, at the time of his or her nomination for election, deliver to the Returning Officer a political donation certificate issued to the candidate in respect of the election. [Act 28 of 2021 wef 29/12/2023] |
| (3A) If the statutory declaration which is required by subsection (2)(d) to be made is not so made, or the political donation certificate which is required by subsection (3) to be delivered is not so delivered, the nomination of the candidate is deemed to be void. |
| (4) The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper to any registered elector requiring it. |
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| Election of Members on group basis in group representation constituencies |
27A.—(1) In every general election of Members and the election of Members to supply vacancies caused by death, resignation or otherwise, the Members for any group representation constituency must be elected in accordance with this Act subject to the modifications in this section.| (2) All elections in any group representation constituency must be held on a basis of a group of such number of candidates as designated for that constituency by the President under section 8A(1)(a). |
(3) Subject to subsection (4), any group that desires to contest in any election in any group representation constituency must consist of the number of candidates designated for that constituency by the President under section 8A(1)(a), all of whom must either be —| (a) | members of the same political party standing for such election for that political party; or | | (b) | independent candidates standing as a group. |
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(4) Where any group representation constituency is —| (a) | a constituency designated under section 8A(1)(b)(i), at least one of the candidates in every group must be a person belonging to the Malay community; or | | (b) | a constituency designated under section 8A(1)(b)(ii), at least one of the candidates in every group must be a person belonging to the Indian or other minority communities. |
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(5) At any time after the date of the notice of the writ referred to in section 25 and at least 2 clear days before the day of nomination, any person —| (a) | belonging to the Malay community who desires to contest as such a person in any election in any constituency designated under section 8A(1)(b)(i); or | | (b) | belonging to the Indian or other minority communities who desires to contest as such a person in any election in any constituency designated under section 8A(1)(b)(ii), |
| must apply in the prescribed manner to the appropriate Committee for a certificate in the prescribed form which certifies whether the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities (as the case may be) for the purposes of any such election. |
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(6) Upon receipt of any application under subsection (5), the appropriate Committee must —| (a) | determine whether the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities; and | | (b) | if the appropriate Committee considers that the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, issue to the applicant not later than the day before the day of nomination a certificate certifying that to be the fact. |
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| (7) Any such certificate is, for the purposes of this Act, conclusive as to the fact which it certifies. |
(8) In this section and section 27C —| “Committee” means the Malay Community Committee or Indian and Other Minority Communities Committee established under section 27C; |
| “person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself or herself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community; |
“person belonging to the Indian or other minority communities” means —| (a) | any person of Indian origin who considers himself or herself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community; or | | (b) | any person who belongs to any minority community other than the Malay or Indian community. |
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| Nomination papers for elections in group representation constituencies |
27B.—(1) Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may, subject to section 27A, be nominated as a candidate with the other candidates in a group for any election in any group representation constituency.(2) A group of persons may be nominated to be a group of candidates for election in a group representation constituency only by means of a nomination paper in Form 9A in the First Schedule, which must —| (a) | set out the name, identity card number and occupation of each of those persons; | | (b) | be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the group representation constituency in which the group seeks election; | | (c) | contain a statement, signed by each of the persons, to the effect that he or she consents to the nomination; and | | (d) | contain a statutory declaration by each of the persons seeking nomination stating that he or she is qualified to be elected, and the political party for which the group stands (if any). |
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(3) Every candidate in a group must, at the time of the nomination of the group, deliver to the Returning Officer —| (a) | [Deleted by Act 18 of 2005] | | (b) | a political donation certificate issued to him or her in respect of the election; and [Act 28 of 2021 wef 29/12/2023] | | (c) | if he or she is a person belonging to —| (i) | the Malay community and is nominated as such a person for election in any constituency designated under section 8A(1)(b)(i); or | | (ii) | the Indian or other minority communities and is nominated as such a person for election in any constituency designated under section 8A(1)(b)(ii), |
| a certificate issued to him or her under section 27A(6) certifying that he or she is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, as the case may be. |
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| (3A) If any statutory declaration which is required by subsection (2)(d) to be made is not so made, or any certificate which is required by subsection (3) to be delivered by any candidate in a group is not so delivered, the nomination of that group is deemed to be void. |
| (4) The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper to any registered elector requiring the same. |
| (5) Where the nomination paper of any group does not comply with this section or section 27A, or where any candidate in a group withdraws or is deemed to have withdrawn his or her candidature under section 32, the nomination of that group is deemed to be void. |
| (6) Section 27 does not apply to any election in any group representation constituency. |
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| Committee to determine whether prospective candidate is Malay or other racial minority |
27C.—(1) For the purposes of section 27A, there is established —| (a) | a Malay Community Committee whose function is to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(i) belongs to the Malay community; and | | (b) | an Indian and Other Minority Communities Committee whose function is to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(ii) belongs to the Indian or other minority communities. |
| (2) The Malay Community Committee is to consist of a chairperson and 4 other members, all of whom must be persons belonging to the Malay community and must be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution after consulting such organisation of the Malay community as the Council thinks fit. |
| (3) The Indian and Other Minority Communities Committee is to consist of a chairperson and 4 other members, who must be persons belonging to the Indian or other minority communities and must be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution after consulting such organisations of the Indian and other minority communities as the Council thinks fit. |
| (4) A decision of any such Committee requires a simple majority of the members present and voting, except that in the case of an equality of votes, the chairperson or the member presiding has a casting vote in addition to his or her original vote. |
| (4A) The Committee may act despite the absence of any member. |
| (5) Subject to this section, any such Committee may regulate its own procedure. |
| (6) The validity of any proceedings of any such Committee is not affected by any defect in the appointment of any member of the Committee. |
| (7) Any Committee established under this section is to be guided by the merits of each case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not. |
| (8) Any decision of a Committee established under this section is final and conclusive and is not to be appealed against or called in question in any court. |
| (9) Regulations may be made to provide for regulating and facilitating the performance by any Committee of its function under this Act. |
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| 28.—(1) A candidate, or some person on the candidate’s behalf, must, in accordance with subsection (2), 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 referred to in section 24 and 12 noon of the day of nomination, a sum equal to the applicable amount specified in subsection (1AA). [41/2018] (1AA) For the purpose of subsection (1), the applicable amount is —| (a) | in the case of a general election — the amount of the fixed monthly allowance payable to an elected Member of Parliament for the month immediately before the date of dissolution of Parliament, rounded to the nearest $500; and | | (b) | in the case of a by‑election — the amount of the fixed monthly allowance payable to an elected Member of Parliament for the month immediately before the date of issue of the writ for the by‑election, rounded to the nearest $500. [41/2018] |
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| (1A) In default of the sum being so deposited under subsection (1), the candidate is deemed to have withdrawn his or her candidature under section 32. |
| (1B) The Returning Officer must immediately give a receipt for that sum, and that sum must be dealt with in accordance with the provisions of this Act. [41/2018] |
| (2) The deposit of the sum required under subsection (1) must be made through an electronic funds transfer system designated by the Returning Officer for that purpose, or by a bank draft or a certified cheque, or in such other form or manner as the Returning Officer allows. [41/2018] |
| (3) If a candidate is not nominated as a candidate for election, if an election in an electoral division has wholly failed or if, after the deposit is made, the candidate withdraws his or her candidature under section 32, the deposit must be returned to the person by whom the deposit was made. |
| (3A) If the candidate dies after the deposit is made and before the poll is commenced, the deposit, if made by the candidate, must be returned to the candidate’s legal personal representative or, if not made by the candidate, must be returned to the person by whom the deposit was made. |
| (4) Subject to subsection (4A), the sum deposited by any candidate under subsection (1) must be returned to the candidate, where the candidate is elected, as soon as the candidate has taken the oath or made affirmation as a Member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared. |
(4A) If a candidate who has made the required deposit is not elected and —| (a) | the number of votes polled by the candidate does not exceed one‑eighth of the total number of votes polled in the electoral division for which the candidate contested; or | | (b) | where he or she is a candidate for a group representation constituency, the number of votes polled in that constituency by the group to which the candidate belongs does not exceed one‑eighth of the total number of votes polled in that constituency, |
| the sum deposited is forfeited and must be paid into the Consolidated Fund. |
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| (5) [Deleted by Act 31 of 2001] |
| (5A) [Deleted by Act 31 of 2001] |
(6) For the purposes of this section —| (a) | the number of votes polled is 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. |
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| (7) The Returning Officer must, on giving notice under section 25 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1). |
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| Proceedings on nomination day |
| 29.—(1) The Returning Officer must, on the day of nomination, attend at the place of nomination from 11 a.m. until 12 noon to receive nomination papers and political donation certificates and certificates (if any) issued under section 27A(6) (called in this Act nomination papers). [Act 28 of 2021 wef 29/12/2023] | (2) Every such nomination paper and certificate must be delivered to the Returning Officer, in duplicate and in person, by the person seeking nomination accompanied by his or her proposer, seconder and at least 4 assentors, at the place of nomination between 11 a.m. and 12 noon (both times inclusive) on the day of nomination, and if not so delivered, must be rejected. |
| (3) The Returning Officer must immediately cause a copy of the nomination paper to be posted in a conspicuous position outside the place of nomination. |
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| Amendment of nomination papers |
29A.—(1) Subject to subsection (3), where the Returning Officer detects in any nomination paper —| (a) | an error or omission, or what appears to be an error or omission, which may amount to a ground for rejecting the nomination paper or allowing an objection to the nomination paper; or | | (b) | anything which may affect the validity of the nomination paper and the Returning Officer considers that it can be corrected before 12 noon on the day of nomination, |
| the Returning Officer may, before making his or her decision under section 29 or 30, give the candidate or person seeking nomination (as the case may be) a reasonable opportunity to correct the error or omission before 12 noon on the day of nomination. |
| (2) Subject to subsection (3), where any error or omission in a person’s nomination paper is brought to the attention of the candidate or person seeking nomination (whether by the Returning Officer under subsection (1) or following an objection made under section 30), the candidate or person seeking nomination (as the case may be) may, at any time before 12 noon on the day of nomination but no later, take such action as may be necessary to correct the error or omission in his or her nomination paper. |
(3) Nothing in subsection (1) or (2) authorises any candidate or person seeking nomination to substitute a different person —| (a) | as a candidate for election for an electoral division; or | | (b) | as proposer, seconder or assentor. |
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| (4) In this section, “error” has the meaning given by section 103. |
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| Objections to nomination papers |
30.—(1) Objection may be made to a nomination paper on all or any of the following grounds but on no other ground:| (a) | that the description of the candidate is insufficient to identify the candidate; | | (b) | that the nomination paper does not comply with or was not delivered in accordance with the provisions of this Act; | | (c) | that it is apparent from the contents of the nomination paper that the candidate is not capable of being elected a Member of Parliament; | | (d) | that the provisions of section 27A or 28 have not been observed. |
(1A) Without affecting subsection (4), an objection to the nomination paper of a candidate or a group of candidates for election for an electoral division may only be made by —| (a) | another candidate for election in that same electoral division; | | (b) | that other candidate’s proposer or seconder, or any of that other candidate’s assentors; or | | (c) | the one other person (if any) appointed in writing by that other candidate to be present on the day and at the place of nomination. |
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(2) An objection to a nomination paper must not be allowed —| (a) | unless it is made in person to the Returning Officer, in the manner specified in subsection (3), at the place of nomination between 11 a.m. and 12.30 p.m. on the day of nomination; or | | (b) | on the ground that a group seeking election in any constituency designated under section 8A(1)(b) does not consist of at least a person belonging to the Malay community or a person belonging to the Indian or other minority communities as required under section 27A(4), if any candidate in that group has delivered to the Returning Officer under section 27B(3)(c) a certificate issued to the candidate under section 27A(6). [41/2018] |
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| (3) Every objection must be in writing signed by the objector and must specify the ground of objection. |
| (4) The Returning Officer may himself or herself lodge an objection on any of the grounds set out in subsection (1). |
| (5) The Returning Officer must, with the least possible delay, decide on the validity of every objection and inform the candidate concerned of his or her decision, and, if the objection is allowed, of the grounds of his or her decision. |
| (6) If the Returning Officer disallows any objection, his or her decision is final and conclusive and is not to be called in question in any court; but if the Returning Officer allows the objection, his or her decision is subject to reversal on an application under section 90. |
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| Persons entitled to be present during nomination proceedings |
31.—(1) Subject to subsection (2), the following persons, and no others, are entitled to be present at the proceedings specified in sections 29, 29A, 30 and 32:| (a) | the candidates; | | (b) | each candidate’s proposer, seconder and assentors; | | (c) | one other person (if any) appointed in writing by each candidate; | | (d) | the Returning Officer and any persons authorised by the Returning Officer to assist him or her at the proceedings; | | (e) | any other person with the written permission of the Returning Officer to be present at the proceedings. [41/2018] |
(2) A person seeking to be a candidate for election in an electoral division may be refused entry to the place of nomination unless —| (a) | the person is issued a political donation certificate in respect of that election; [Act 28 of 2021 wef 29/12/2023] | | (b) | the person is accompanied by at least 6 others as his or her proposer, seconder and assentors; and | | (c) | where that electoral division is a group representation constituency —| (i) | the person is a member of a group of persons which satisfies the requirements of section 27A(3); | | (ii) | the person is accompanied by all of the other members of that group; and | | (iii) | at least one of the members of that group is certified under section 27A(6)(b) as belonging to the community designated for that constituency under section 8A(1)(b). [41/2018] |
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| (3) Subsection (2) only applies to the initial entry of a person seeking to be a candidate for an election to a place of nomination for that election. [41/2018] |
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| Withdrawal of candidature |
32.—(1) A candidate may before 12 noon on the day of nomination, but not afterwards, withdraw his or her candidature by giving, in person, a notice to that effect signed by him or her to the Returning Officer.| (2) The Returning Officer must immediately cause notice of the withdrawal to be posted in a conspicuous position outside the place of nomination. |
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32A.—(1) If at 12 noon on the day of nomination in relation to an election —| (a) | a person is nominated to be a candidate for election in more than one electoral division at a general election; or | | (b) | a person is nominated more than once to be a candidate for election in the same electoral division, |
| each such nomination is deemed to be void. |
| (2) Subsection (1) also applies where 2 or more by-elections are held at the same time. |
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33.—(1) If, on the day of nomination in any electoral division, after the decision by the Returning Officer on any objection which may have been lodged, only one candidate or a group of candidates stands nominated for that division, the Returning Officer must immediately —| (a) | declare the nominated candidate or the group of candidates to be elected; and | | (b) | cause the name or names of the Member or Members so elected to be published in the Gazette. |
| (2) Nothing in sections 29 and 30 prevents the Returning Officer from exercising any of his or her powers under subsection (1) before 12.30 p.m. if, at 12 noon on the day of nomination for an election in any electoral division, only one candidate or one group of candidates stands nominated for that electoral division. |
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34.—(1) If, on the day of nomination in any electoral division, after the decision by the Returning Officer on any objections which may have been lodged, more candidates than one stand nominated for that division, the Returning Officer must —| (a) | immediately adjourn the election to enable a poll to be taken in accordance with the provisions of this Act; and | | (b) | allot to each candidate an approved symbol which must be printed on the ballot paper opposite that candidate’s name. |
| (1A) The Returning Officer may, in his or her discretion, allot to any candidate some other symbol selected by the candidate or by the political association to which the candidate belongs. |
| (2) In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification in the Gazette. |
| (3) Subject to subsection (1A), the determination of the approved symbol to be allotted to each candidate must be made by lot by the Returning Officer. |
| (4) A candidate must not be allotted any symbol which is of any racial or religious significance. |
| (5) In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer is final and is not to be questioned. |
(6) The Returning Officer must cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —| (a) | the electoral division in which the election is contested; | | (b) | whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system; | | (c) | the day and hours of the poll at every overseas polling station; | | (d) | the date on which the poll will be taken, the date being not earlier than the 10th day, and not later than the 56th day, after the date of publication of the notice in the Gazette (called in this Act polling day); | | (e) | the names of the candidates in the order in which they will be printed on the ballot papers, the symbol allotted to each candidate and the names of their proposers and seconders; and | | (f) | the situation of the polling stations for that electoral division and the particular polling stations (if any) reserved for female voters. |
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| (7) In computing time for the purposes of subsection (6)(d), the last day of the period is not to be excluded only by reason of the fact that it is a Sunday or that it is a public holiday under the provisions of this Act or of any other written law. |
(8) If, after an election has been reported as contested, one of the candidates nominated dies before the poll has commenced, the Returning Officer must, upon being satisfied of the fact of the death —| (a) | countermand the notice for the poll; and | | (b) | appoint, by notice in the Gazette, a fresh date, time and place for the nomination of candidates for election, at least 4 clear days before the fresh date fixed for such nomination. |
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| (9) Where the Returning Officer has countermanded the poll under subsection (8), all proceedings with reference to the election must be commenced afresh, except that no fresh nomination is necessary in the case of a candidate who stood nominated at the time of the countermand of the poll. |
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| Contested elections in group representation constituencies |
34A.—(1) If, on the day of nomination, in any group representation constituency, after the decision by the Returning Officer on any objection which may have been lodged, more groups than one stand nominated for that constituency, the Returning Officer must —| (a) | immediately adjourn the election to enable a poll to be taken in accordance with the provisions of this Act; and | | (b) | allot to each group of candidates an approved symbol which must be printed on the ballot paper opposite the names of each group. |
| (1A) The Returning Officer may, in his or her discretion, allot to any group of candidates some other symbol selected by the group or the political party to which the group belongs. |
| (2) In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification in the Gazette. |
| (3) Subject to subsection (1A), the determination of the approved symbol to be allotted to each group of candidates must be made by lot by the Returning Officer. |
| (4) A group of candidates must not be allotted any symbol which is of any racial or religious significance. |
| (5) In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer is final and is not to be questioned. |
(6) The Returning Officer must cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —| (a) | the group representation constituency in which the election is contested; | | (b) | whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system; | | (c) | the day and hours of the poll at every overseas polling station; | | (d) | the date on which the poll will be taken, the date being not earlier than the 10th day, and not later than the 56th day, after the date of publication of the notice in the Gazette (called in this Act polling day); | | (e) | the names of the candidates in each group in the order in which they will be printed on the ballot papers, the symbol allotted to each group of candidates and the names of their proposers and seconders; and | | (f) | the situation of the polling stations for that group representation constituency and the particular polling stations (if any) reserved for female voters. |
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| (7) In computing time for the purposes of subsection (6)(d), the last day of the period is not to be excluded only by reason of the fact that it is a Sunday or that it is a public holiday under the provisions of this Act or of any other written law. |
(8) If, after the election in a group representation constituency has been reported as contested, one of the candidates nominated for that constituency dies before the poll has commenced, the Returning Officer must, upon being satisfied of the fact of the death —| (a) | countermand the notice for the poll; and | | (b) | appoint, by notice in the Gazette, a fresh date, time and place for the nomination of candidates for election in that constituency, at least 4 clear days before the fresh date fixed for the nomination. |
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| (8A) Where the Returning Officer has countermanded the poll under subsection (8), all proceedings with reference to the election must be commenced afresh, except that no fresh nomination is necessary in the case of any group which stood nominated at the time of the countermand of the poll. |
| (9) Section 34 does not apply to any election in any group representation constituency. |
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| Polling day at general election to be public holiday |
| 35. Polling day at any general election is a public holiday as though it had been so expressly appointed in addition to the days mentioned in any written law for the time being in force relating to holidays. |
36.—(1) The Returning Officer must appoint, and may revoke the appointment of, one or more persons (called in this Act presiding officers) to preside at each polling station.| (1A) If more than one presiding officer is appointed for any polling station, the Returning Officer may appoint one of the presiding officers to be the senior presiding officer who is to exercise general supervision over the other presiding officers, and over all arrangements for the conduct of the poll in that station. |
| (1B) Each presiding officer must be supplied with a copy of that part of the register of electors containing the names of electors in the register assigned to the presiding officer’s polling place. |
| (2) If any presiding officer is, by sickness or other cause, prevented from acting at any election and there is insufficient time for another person to be appointed by the Returning Officer, the presiding officer may appoint a deputy to act for him or her. |
| (2A) Every such appointment must as soon as possible be reported to the Returning Officer, and may be revoked by the Returning Officer, but without affecting the validity of anything already done by the deputy. |
| (3) The Returning Officer may, if he or she thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer apply to the Returning Officer. |
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| Polling places and polling stations |
36A.—(1) The Returning Officer must, for the purposes of the poll in any electoral division —| (a) | establish a sufficient number of polling stations within each polling district of the electoral division for the conduct of the poll; | | (b) | provide as many polling places within each polling station as the Returning Officer considers necessary; and | | (c) | allot the electors (including overseas electors) to the polling stations in the electoral division in such manner as the Returning Officer thinks convenient. |
(2) The Returning Officer may, for the purposes of the poll at any election, approve the use of such of the following premises outside Singapore that are within —| (a) | an embassy, a High Commission, a diplomatic mission, a permanent mission or a consulate of Singapore in a country or territory outside Singapore; or | | (b) | the official residence of any person who is appointed to hold or act in any of the following offices in a country or territory outside Singapore:| (i) | an ambassador, a High Commissioner, a Consulate‑General or the head of a diplomatic mission or consulate; | | (ii) | the Permanent Representative; | | (iii) | such other senior diplomatic or consular office as the Minister may prescribe for the purposes of the definition of an “overseas polling station” in section 2(1), |
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| as the Returning Officer thinks practicable or suitable as an overseas polling station for overseas electors to cast their votes thereat. |
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| (3) A polling station comprises such premises or such area within any premises as are demarcated by or under the authority of the Returning Officer to be a polling station. |
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| Facilities to be provided at polling stations |
| 37.—(1) Before the poll in any electoral division opens at a polling station, the presiding officer or the senior presiding officer at that station must cause a notice of the poll to be displayed on or at a conspicuous place outside that station. [41/2018] (2) The notice mentioned in subsection (1) —| (a) | must contain such information, presented in such form or manner, as may be prescribed; and | | (b) | must remain displayed on or at a conspicuous place outside the polling station until the poll closes at that station. [41/2018] |
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| (3) [Deleted by Act 41 of 2018] |
| (4) [Deleted by Act 41 of 2018] |
| (5) [Deleted by Act 41 of 2018] |
| (6) [Deleted by Act 41 of 2018] |
| (7) It is the duty of the Returning Officer to provide at each polling station reasonable facilities for the electors allotted to that station to enable them to mark their votes screened from observation and to vote in accordance with the provisions of this Act. |
| (8) The Returning Officer must determine, or may authorise the presiding officer or senior presiding officer to determine, in what manner those facilities are to be distributed among the electors entitled to vote at that station. |
| (9) An election is not to be questioned by reason of non‑compliance with subsection (7) or (8) or any informality relative to polling stations. |
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| Registers of electors to be conclusive evidence of right to vote |
38.—(1) Without affecting subsection (2), the register of electors in operation in accordance with this Act at the time of any election of a Member to represent the electoral division to which the register relates is conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election.| (2) The right and duty of voting of any person whose name is for the time being contained in the register are not prejudiced by any appeal pending before a Revising Officer in respect of the inclusion of that person’s name in the register. |
| (3) Any vote given by the person mentioned in subsection (2) during the pendency of that appeal is as good as though no such appeal were pending and is not affected by the subsequent decision of the appeal. |
| (4) A person who, by reason of circumstances existing on the day of the election, is not, by virtue of section 5 or 6, entitled to have his or her name entered or retained in any register of electors is not entitled to vote at the election. |
| (5) If the person mentioned in subsection (4) votes at the election, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both, and shall, on conviction, become incapable for a period of 3 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member, and if at that date he or she has been elected a Member, his or her election shall be vacated from the date of the conviction. |
| (6) Nothing in this section affects the liability of any person to any penalty for an infringement of section 7 relating to plural voting. |
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| Admittance to polling station |
39.—(1) Subject to subsections (1A) and (2A), a person must not be admitted to vote at any polling station except the polling station allotted to him or her.| (1A) Where an elector for any electoral division is employed as a presiding officer, police officer, or in any other official capacity at a polling station within that division, and it is inconvenient for him or her to vote at the polling station in the division which has been allotted to him or her, the Returning Officer may, by a certificate under his or her hand, authorise the elector to vote at any other polling station in the division, and that polling station is deemed, for the purposes of this section, to be the polling station allotted to that elector. |
(2) The certificate mentioned in subsection (1A) must be given under the hand of the Returning Officer and must state the following:| (a) | the name of the elector and the elector’s number and description in the register of electors; | | (b) | the fact that the elector is so employed as mentioned in that subsection. |
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| (2A) Subject to section 7, an overseas elector is also entitled to be admitted to vote at the overseas polling station allotted to him or her under section 13A. |
| (3) Unless the Returning Officer, by notification in the Gazette under this section, or under section 50C(3)(b), 56C or 56DA, appoints any other hour, the poll in any electoral division must open at 8 a.m. on the day appointed under section 34 or 34A (as the case may be) and must close at 8 p.m. on that day. [41/2018] |
(4) The presiding officer must —| (a) | keep order in his or her polling station; | | (b) | regulate the number of voters to be admitted at a time; and | | (c) | exclude all other persons except the candidates, the polling agents admitted to the polling station under this section, the Returning Officer and persons authorised in writing by the Returning Officer, the police officers on duty and other persons officially employed at the polling station. [41/2018] |
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(5) The number of polling agents that may be admitted to a polling station for an electoral division must not exceed —| (a) | where the electoral division is a group representation constituency, the number calculated in the prescribed manner for the group of candidates contesting the election in the electoral division; and | | (b) | in any other case, the number calculated in the prescribed manner for the candidate contesting the election in the electoral division. [41/2018] |
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| (5A) [Deleted by Act 41 of 2018] |
| (6) A polling agent whose name has not been notified to the presiding officer as required by section 64(1) must not be admitted to a polling station. |
| (7) If any person misconducts himself or herself in a polling station, or fails to obey the lawful orders of the presiding officer, that person may immediately, by order of the presiding officer, be removed from the polling station by any police officer in or near that station or by any other person authorised in writing by the presiding officer or by the Returning Officer to remove that person. |
| (7A) The person removed under subsection (7) must not be allowed to enter the polling station again, except with the permission of the presiding officer. |
| (7B) Any person removed under subsection (7), if charged with the commission in the polling station of any offence, may be kept in custody until he or she can be brought before a Magistrate. |
| (8) The powers conferred by this section must not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at that station. |
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| Voting by overseas electors |
39A.—(1) Subject to section 7, any overseas elector who intends to cast his or her vote at the poll for a contested election in an electoral division may vote at —| (a) | the overseas polling station allotted to him or her under section 13A by the Registration Officer; or | | (b) | the polling station in the electoral division allotted to him or her under section 36A(1), |
| but not at both in respect of the same election. |
| (2) The hours of any poll for any contested election at an overseas polling station must be not less than 4 hours and may be carried out in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station must close not later than the close of the poll on polling day in Singapore. |
| (3) Except as otherwise provided in this section and any regulations made under subsection (4), any poll (including an advance poll) at an overseas polling station must be conducted in the same manner as that in which voting at a polling station within Singapore on polling day is conducted, and is to be regarded as such for the purposes of this Act. |
| (4) The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls in overseas polling stations, including in particular, the appointment of presiding officers for overseas polling stations, the procedures on closing of the poll and for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore. |
(5) Unless the contrary intention appears therefrom, the regulations made under subsection (4) extend to acts done or omitted to be done outside Singapore by —| (a) | any Assistant Returning Officer or presiding officer; | | (b) | any polling agent or election agent; or | | (c) | any citizen of Singapore (whether or not a voter or an elector), |
| in relation to a poll conducted or to be conducted at an overseas polling station. |
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| Poll by ballot and ballot papers |
40.—(1) In the case of a poll at an election not using a DRE voting system, the votes must be given by ballot, and the ballot of each voter must consist of a paper (called in this Act a ballot paper).(2) Every ballot paper must contain —| (a) | a list of the candidates in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames, and, if there are 2 or more candidates with the same surname, of their other names; | | (b) | the symbol allotted to each candidate; and | | (c) | a clearly demarcated area within which a voter must mark his or her vote for a candidate. [41/2018] |
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| (2A) Subsection (2) does not apply to any election in any group representation constituency. |
(3) In respect of any group representation constituency, every ballot paper must contain —| (a) | a list of the candidates in each group in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames and, if there are 2 or more candidates with the same surname, of their other names; | | (aa) | a list of the groups of candidates, arranged alphabetically in English in the order of the surname of the first candidate in each group and, if 2 or more of such candidates have the same surname, of their other names; | | (b) | the symbol allotted to each group; and | | (c) | a clearly demarcated area within which a voter must mark his or her vote for a group of candidates. [41/2018] |
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| (3A) Every ballot paper must be in the appropriate Form 12 in the First Schedule and must be capable of being folded. |
| (4) Each ballot paper must have a number printed on the back and must have attached a counterfoil with the same number printed on the face. |
| (5) The official mark for the authentication of ballot papers must comprise a pattern, design, watermark or logo approved by the Returning Officer which must be affixed, stamped, overprinted or marked (by writing or otherwise), or any combination thereof, on the ballot paper in a particular manner approved by the Returning Officer. |
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| Candidates’ photographs on ballot papers |
40A.—(1) The Returning Officer must include on every ballot paper in an election a photograph of a candidate at the election if —| (a) | the candidate delivers the photograph to the Returning Officer at such place, within such time, and in such form and manner, as the Returning Officer specifies; and | | (b) | the photograph is in accordance with the Returning Officer’s specifications and requirements to ensure accuracy and consistency. [41/2018] |
| (2) In the case of an election in a group representation constituency, the photographs of the candidates in each group of candidates at the election must be arranged from left to right in the order in which the candidates’ names appear on the ballot paper in the election. [41/2018] |
| (3) If subsection (1)(a) or (b) is not complied with for any candidate at an election, the Returning Officer must indicate in the area designated for that candidate’s photograph on the ballot paper in the election that there is no photograph for that candidate. [41/2018] |
| (4) The Returning Officer must cause to be published, as soon as practicable after the issue of the writ for an election and in such manner as will secure adequate publicity to the candidates at the election, the Returning Officer’s specifications and requirements under subsection (1)(a) and (b) for the election. [41/2018] |
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41.—(1) Every ballot box must be so constructed that the ballot papers can be introduced into the box after it has been sealed or locked but cannot be withdrawn from the box unless the seal or lock is broken.(2) The presiding officer at a polling station must, immediately before the commencement of the poll, and in the sight of such person as may be present in the polling station —| (a) | show that each ballot box to be used at the commencement of the poll is empty; | | (b) | close the ballot box; and | | (c) | ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock. |
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| (3) The ballot boxes, after being sealed or locked in accordance with subsection (2), must be kept in the view of the presiding officer of the polling station for the receipt of ballot papers and must not be opened again until after the close of the poll. |
| (4) Subsections (2) and (3) apply to every ballot box used during a poll and it is sufficient compliance with those subsections if a ballot box, other than a ballot box used at the commencement of a poll, is shown and sealed or locked in accordance with subsection (2) before it is used. |
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42.—(1) Each voter entitled to vote must be given one ballot paper and has one vote.| (1A) Each voter entitled to vote in any group representation constituency has one vote and may vote for any one group of candidates in the manner prescribed by this section. |
| (2) The ballot paper must be delivered to the voter by the presiding officer or a person acting under the presiding officer’s authority. |
(2A) Immediately before the ballot paper is delivered to the voter —| (a) | the paper must, unless it already bears the complete official mark for the authentication of ballot papers, be affixed, stamped or marked (by writing or otherwise) by the presiding officer in the approved manner with that official mark or the remaining part thereof, or initialled by the presiding officer; | | (b) | the number and name of the voter, as stated in the copy of the register of electors, must be called out; | | (c) | the number of the elector must be marked on the counterfoil; and | | (d) | a mark must be placed in the register against the number of the elector to denote that the elector has received a ballot paper but without showing the particular ballot paper which he or she has received. [41/2018] |
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| (3) Subject to subsection (3AA), the voter must, on receiving the ballot paper, immediately proceed to such place in the station as may be indicated by the presiding officer or by any person acting under that officer’s authority, and must there secretly mark the paper as near as may be in accordance with the directions given for the guidance of voters under this Act. [41/2018] |
| (3AA) The voter’s mark on the ballot paper must be made in the area demarcated on the ballot paper for that purpose, and not elsewhere. [41/2018] |
| (3A) The voter must then fold the paper so as to conceal his or her vote, and must put the paper so folded up into the ballot box. |
| (3B) The voter must vote without undue delay and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box. |
| (4) The presiding officer or any person authorised by the presiding officer may ask any voter if the voter understands the method of voting in accordance with this Act and may, if he or she thinks fit, on the application of any voter, explain to the voter, in the presence of the polling agents of the candidates if present, the method of voting in accordance with this Act; but in so doing he or she must carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any particular candidate or group of candidates. |
| (5) The presiding officer, on the application of a voter who is incapacitated by blindness or other physical cause from voting in the manner prescribed by this Act, must mark the ballot paper of the voter in the manner directed by the voter, and must cause the ballot paper to be placed in the ballot box. |
| (6) The presiding officer may, at any time while a poll is proceeding, take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers. |
| (7) During the taking of the poll, the presiding officer must cause to be exhibited outside his or her polling station a notice in English, Malay, Chinese and Tamil, substantially in the form set out in the Second Schedule, giving directions for the guidance of voters in voting. |
| (8) The Minister may, by order in the Gazette, amend the Second Schedule. [41/2018] |
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43.—(1) Every elector must record his or her vote at each election in the division for which he or she is registered.| (2) The Returning Officer must, at the close of each election, prepare a list of the numbers, names and descriptions as stated in the register of electors of such electors as have failed to vote at the election and certify the list under the hand of the Returning Officer. |
| (3) Despite section 49(9) to (12), it is lawful for the Returning Officer to break the seals of packets containing the marked copies of the registers of electors and to inspect and retain those copies for the purpose of preparing the list referred to in subsection (2) and of any inquiries connected therewith. |
| (4) The list prepared by the Returning Officer under subsection (2) must be forwarded by the Returning Officer to the Registration Officer. |
| (5) Despite any other provisions of this Act, the Registration Officer must on receipt of such list cause the names of all persons appearing in the list to be expunged from the register. |
| (6) The Registration Officer must give notice in the Gazette that such list has been received by him or her from the Returning Officer and that the list or copies of the list are open for inspection at all reasonable hours of the day at the office of the Registration Officer and at such other place or places in or near each electoral division and at such overseas registration centres as may be specified in the notice. |
| (7) Every person whose name appears on the list of which notice has been given by the Registration Officer under subsection (6) may make a written application for the restoration of his or her name to the register of electors. |
| (8) If any applicant under subsection (7) satisfies the Registration Officer that the applicant has a good and sufficient reason for not having recorded his or her vote, the applicant’s name must be restored to the register without penalty. |
| (8A) Where the applicant does not satisfy the Registration Officer under subsection (8), the applicant’s name must be restored to the register on payment of the sum of $50 to the Registration Officer. |
| (9) Any name to be restored to the register under subsection (8) or (8A) must, except as otherwise provided in subsection (11), be restored on the day after the Registration Officer has satisfied himself or herself that the applicant has a good and sufficient reason for not recording his or her vote or on the day after the payment of the sum of $50 to the Registration Officer, as the case may be. |
| (10) Where any person whose name is to be restored to the register under subsection (8) or (8A) has notified the Commissioner of National Registration of any change in the person’s address and it appears from such change of address that the person is no longer residing in the same electoral division, the person’s name must be restored to the appropriate register of the electoral division in which he or she is residing. |
| (11) Where a writ of election has been issued under section 24 for an election in any electoral division, no name may be restored to the register of that division until after nomination day or, if a poll is to be taken, until after polling day. |
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| 44.—(1) The presiding officer at any polling station may, in his or her discretion, require any voter, before the voter is given a ballot paper, to furnish such evidence of the voter’s identity as the presiding officer may consider necessary and to make and subscribe to the declaration set out in Form 15 in the First Schedule. [41/2018] | (2) [Deleted by Act 41 of 2018] |
| (3) If any person fails to furnish such evidence of his or her identity or refuses to make the declaration required under subsection (1), the presiding officer may refuse to give him or her a ballot paper. [41/2018] |
| (4) If any person wilfully makes a false statement in the declaration required under subsection (1), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both. [41/2018] |
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45.—(1) A voter who has inadvertently dealt with his or her ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in place of the ballot paper so delivered up (called in this Act a spoilt ballot paper).| (2) The spoilt ballot paper must be immediately cancelled by the presiding officer. |
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46.—(1) If a person representing himself or herself to be a particular elector named in the register applies for a ballot paper after another person has voted as such elector, the applicant, on taking an oath of identity (which may be administered by the presiding officer and which must be in Form 16 in the First Schedule), is entitled to receive a ballot paper and to vote in the same manner as any other voter.| (2) The ballot paper (called in this Act a tendered ballot paper) must be of a colour different from the other ballot papers, and, before being placed in a ballot box, must be endorsed by the presiding officer with the name of the voter and the voter’s number in the register, and that number must be entered in a list (called in this Act the tendered votes list). |
| (3) Tendered ballot papers must be dealt with in the manner hereinafter provided. |
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47.—(1) No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll.| (2) Despite subsection (1), if at the hour fixed for the closing of the poll there is in the polling station any voter to whom a ballot paper has been delivered, the voter must be allowed to record his or her vote. |
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| Procedure on closing of poll |
48.—(1) As soon as practicable after the close of the poll, the presiding officer of each polling station must, in the presence of such of the candidates and their polling agents as attend, make up into separate packets, sealed with the presiding officer’s own seal and the seals of the candidates or their agents if they desire to affix their seals —| (a) | the unused and spoilt ballot papers placed together; | | (b) | the marked copies of the register of electors; | | (c) | the counterfoils of the ballot papers; and | | (d) | the tendered votes list. |
| (2) The ballot box or boxes unopened must be secured by the presiding officer and sealed with the presiding officer’s seal and with the seals of such of the candidates or their agents as attend and desire to affix their seals, in such manner that the box or boxes cannot be opened and nothing can be inserted therein without breaking the seals. |
| (3) Every presiding officer of a polling station must despatch each such packet and the ballot box or boxes in safe custody to the Returning Officer or an Assistant Returning Officer at the counting place where the votes cast at the polling station are to be counted in accordance with the provisions of this Act. |
| (4) Where the Returning Officer has specified a polling station to be a counting place under this Act, the presiding officer of the polling station must keep at that station every such packet and the ballot box or boxes in safe custody pending counting of the votes at that polling station. [41/2018] |
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48A.—(1) The Returning Officer may —| (a) | direct that the votes cast at any polling station or stations in Singapore for an electoral division be counted at such counting place for that electoral division (which may or may not be a polling station) and time as the Returning Officer may specify; and | | (b) | where more than one counting place is specified for an electoral division under paragraph (a), direct that the total number of votes given to each candidate or group of candidates at the poll be ascertained at a principal counting place for that electoral division (which may or may not be a counting place for that division) and time as the Returning Officer may specify. |
| (2) The votes cast at all overseas polling stations must be counted at such place or places in Singapore as the Returning Officer directs. |
| (3) The Returning Officer must cause notice of every direction made under subsections (1) and (2) to be published in the Gazette at least 2 clear days before polling day. [41/2018] |
| (4) Where polling at all polling stations established for the purposes of a poll in an electoral division is postponed under section 56C, the conduct of the counting of votes cast for the electoral division shall stand postponed until such other time as the Returning Officer, by notice in the Gazette, specifies. [41/2018] |
| (5) Where polling at any polling station established for the purposes of a poll in an electoral division is temporarily suspended, adjourned and postponed or abandoned and restarted under section 56C, the conduct of the count in respect of votes cast at the other polling stations for that electoral division at which the poll has closed, shall stand postponed until such other time as the Returning Officer, by notice in the Gazette, specifies. [41/2018] |
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49.—(1) Subject to subsection (2) —| (a) | counting agents for any candidate nominated for an electoral division other than a group representation constituency may be appointed either by the candidate or his or her election agent only; and | | (b) | counting agents for any group of candidates nominated for a group representation constituency may be appointed either by the election agent of any candidate in the group or the principal election agent for that group only. |
| (2) Not more than one counting agent may be appointed for a candidate or group of candidates to attend the counting of votes at each counting place specified under this Act. [41/2018] |
(2A) The Returning Officer must make arrangements for the counting of votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —| (a) | where only one counting place is specified for an electoral division under this Act — after the Returning Officer has received at that counting place all the ballot boxes used during the poll conducted in Singapore; or | | (b) | where more than one counting place is specified for an electoral division under this Act, after —| (i) | the procedure in section 48 has been complied with at the close of the poll if the counting place is also a polling station; and | | (ii) | the Assistant Returning Officer in charge of each counting place has received at his or her counting place all the ballot boxes containing the votes cast at the polling station or stations in Singapore which are specified in the direction to be counted at that counting place, subject to any directions from the Returning Officer to delay or postpone the counting. [41/2018] |
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| (3) The Returning Officer, his or her assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the Returning Officer, may be present at the counting of the votes. |
| (4) Before the Returning Officer proceeds to count the votes, the Returning Officer or a person authorised by the Returning Officer must, in the presence of such of the candidates and their counting agents as attend, open each ballot box and, taking out the papers therein, mix together the whole of the ballot papers contained in the ballot boxes. |
| (4A) The Returning Officer, while counting the votes, must keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers. |
| (5) The Returning Officer must so far as practicable proceed continuously with counting the votes and must endorse “rejected” on any ballot paper which the Returning Officer rejects as invalid. |
| (6) The Returning Officer must not count the tendered ballot papers but must place them in separate packets according to the candidate or group of candidates whom they support and mark each packet with the name of the candidate or group of candidates, and must seal the packet and retain it unless it is required for the purposes of an application under section 90. |
(7) Where only one counting place is specified for an electoral division under this Act, the Returning Officer must, when the counting of votes cast at all polling stations in Singapore is completed at that sole counting place or, if a recount thereof is conducted under section 49B, after that recount is completed, immediately act as follows:| (a) | where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes — the Returning Officer must declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; | | (b) | where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes — the Returning Officer must declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted. [41/2018] |
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(7A) Where more than one counting place is specified for an electoral division under this Act, an Assistant Returning Officer must, immediately after the counting of votes cast in Singapore is completed at the counting place under his or her charge and, if a recount thereof is conducted under section 49B, after the recount is completed, at each counting place for the electoral division —| (a) | announce to the candidates or their counting agents as attend the number of votes given to each candidate or group of candidates; | | (b) | prepare a record (called in this Act the record of counting) in a prescribed form containing the number of votes given to each candidate or group of candidates and other results of the counting of votes at the counting place, and certify that record; | | (c) | transmit to the principal counting place for that electoral division, by any means available, the results of the counting of votes at the counting place; and | | (d) | seal up in an envelope the record of counting and despatch or deliver the envelope in safe custody to the principal counting place for that electoral division. [41/2018] |
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(7B) Except with the sanction of the Returning Officer, no person other than the following persons may be present at a principal counting place during the addition of votes:| (a) | the Returning Officer and such other officers and staff appointed by the Returning Officer to assist him or her in adding the votes cast for each candidate or group of candidates at the counting places and ascertaining the total number of votes given to each candidate or group of candidates at the poll; | | (b) | the candidates and their election agents or, where the votes to be added relate to a group of candidates, the groups of candidates and their principal election agents. |
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| (7C) Despite subsection (7B), where a principal counting place is also a counting place, such counting agents as were present during the counting of votes may continue to be present during the addition of votes. |
| (7D) At a principal counting place for an electoral division, the Returning Officer must, upon receipt of the results of the counting of votes at all counting places for that electoral division, ascertain the total number of votes given to each candidate or group of candidates at the poll by adding up the number of votes recorded for each candidate or group of candidates in those results. |
(7E) When the total number of votes cast at polling stations in Singapore for each candidate or (as the case may be) group of candidates at an election in an electoral division is ascertained under subsection (7D), or if a recount thereof is conducted under section 49B, after that recount is completed, the Returning Officer must immediately act as follows:| (a) | where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes — the Returning Officer must declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; | | (b) | where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes — the Returning Officer must declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted. [41/2018] |
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| (8) When, after the counting of votes (including any recount conducted under section 49B) is completed, an equality of votes is found to exist between any candidates or groups of candidates, and the addition of a vote would entitle any of the candidates or groups of candidates to be declared elected, the determination of the candidate or group of candidates to whom the one additional vote is deemed to have been given must be made by lot in the presence of the Returning Officer in such manner as the Returning Officer may determine. [41/2018] |
(9) After the Returning Officer has made any declaration under subsection (7) or (7E), the Returning Officer must ensure that the following procedures are complied with at every counting place and principal counting place:| (a) | all ballot papers and all other documents relating to the election at every counting place and principal counting place must be sealed up in separate packets and placed in any ballot box or boxes; | | (b) | the ballot box or boxes must then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals; | | (c) | the sealed ballot box or boxes must be despatched and delivered in safe custody to the Returning Officer; | | (d) | subject to subsection (10), the ballot papers and other documents in the sealed ballot box or boxes must be retained in safe custody for a period of 6 months; | | (e) | the ballot papers and other documents must be destroyed at the end of the period of 6 months unless otherwise directed by order of the President. |
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| (10) A Judge sitting in the General Division of the High Court may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Act be inspected, copied or produced at such time and place and subject to such conditions as the Judge may consider expedient. [40/2019] |
| (11) A Judge sitting in the General Division of the High Court must not make an order under subsection (10) unless he or she is satisfied that the inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an application under section 90 in connection with the election. [40/2019] |
| (12) Except as provided in this section, no person is allowed to inspect any such ballot paper or document after it has been sealed up pursuant to subsection (9). |
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| Counting of votes by overseas electors |
49A.—(1) Subject to section 56DB, every sealed ballot box containing votes cast at an overseas polling station at an election in an electoral division (called in this section the affected electoral division) must, in order for those votes to be counted in the election, reach the custody of the Returning Officer in Singapore —| (a) | within 10 days after polling day in Singapore for the election; or | | (b) | where the Returning Officer extends time under subsection (2), within the extended time. [41/2018] |
(2) The Returning Officer may extend time by another 7 days if the Returning Officer —| (a) | has made a declaration under section 49(7)(b) or (7E)(b) in the election; and | | (b) | is satisfied, for any reason, that any sealed ballot box containing votes cast at an overseas polling station in the election is not likely to reach the custody of the Returning Officer in Singapore within the time specified in subsection (1)(a). [41/2018] |
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(2A) If the Returning Officer extends time under subsection (2) —| (a) | the counting of the votes cast at the overseas polling stations for the affected electoral division, and for every related electoral division specified in subsection (2B), stands postponed to the date specified by the Returning Officer under paragraph (b)(ii); and | | (b) | the Returning Officer must, as soon as practicable, publish a notice in the Gazette —| (i) | stating that the Returning Officer has extended the time; and | | (ii) | specifying the date on, the time at and the counting place in Singapore at which the votes cast at the overseas polling stations will be counted. [41/2018] |
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(2B) For the purposes of subsection (2A)(a), a related electoral division is —| (a) | in the case of a general election, an electoral division (other than the affected electoral division) in the general election; or | | (b) | in the case of a by-election, an electoral division for which a by‑election is held at the same time as the by‑election for the affected electoral division. [41/2018] |
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| (3) Subject to subsection (1), the Returning Officer must arrange for the counting of votes cast by overseas electors in the presence of the candidates and their counting agents as attend as soon as practicable after all the sealed ballot boxes used at overseas polling stations during the poll have been received by the Returning Officer in Singapore. [41/2018] |
| (4) Section 49 applies to the counting of votes cast by overseas electors, with the necessary modifications. [41/2018] |
| (5) Where the Returning Officer has made a declaration under section 49(7)(b) or (7E)(b), the number of votes given by overseas electors to each candidate or group of candidates must be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate or (as the case may be) group of candidates, and the Returning Officer must immediately declare the candidate or (as the case may be) group of candidates to whom the greatest total number of votes is given to be elected. |
(6) After the Returning Officer has made any declaration under subsection (5), the Returning Officer must ensure that the following procedures are complied with:| (a) | all ballot papers and all other documents relating to the election at every place where the votes of overseas electors are counted must be sealed up in separate packets and placed in any ballot box or boxes; | | (b) | the ballot box or boxes must then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals; | | (c) | the sealed ballot box or boxes must be despatched and delivered in safe custody to the Returning Officer; | | (d) | subject to section 49(10), the ballot papers and other documents in the sealed ballot box or boxes must be retained in safe custody for a period of 6 months; | | (e) | the ballot papers and other documents must be destroyed at the end of the period of 6 months unless otherwise directed by order of the President. |
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| 49B.—(1) The Returning Officer must conduct a recount of the votes cast in Singapore at an election in an electoral division if the difference between the number of votes given to the candidate or (as the case may be) group of candidates with the most votes and the number of votes given to any other candidate or (as the case may be) group of candidates at the election is 2% or less of the total number of votes cast in Singapore (excluding rejected votes and tendered votes) at the election. [41/2018] (2) The recount of the votes under subsection (1) may be conducted only once, and must take place as soon as practicable —| (a) | where a sole counting place is specified under this Act for the election, after the counting of the votes at the sole counting place is completed; or | | (b) | where more than one counting place is specified under this Act for the election, after the Returning Officer has ascertained the total number of votes given to each candidate or (as the case may be) group of candidates in the election under section 49(7D). [41/2018] |
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| (3) Where a recount of the votes is to be conducted, the votes at the sole counting place or, if there is more than one counting place, at every counting place must be recounted and added following as far as practicable the same procedure set out in sections 49 and 50. [41/2018] |
| (4) Where the Returning Officer has made a declaration under section 49(7)(b) or (7E)(b) in an election, this section applies, with the necessary modifications, to the counting of votes cast by overseas electors at that election. [41/2018] |
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50.—(1) The Returning Officer must reject as invalid the following ballot papers only:| (a) | any ballot paper which does not bear the complete official mark for the authentication of ballot papers or is not initialled by the presiding officer; | | (b) | any ballot paper on which votes are given for more than one candidate or group of candidates; | | (c) | any ballot paper on which anything is written or marked by which the voter can be identified except the printed number on the back; | | (d) | any ballot paper which is unmarked; | | (e) | any ballot paper which is void for uncertainty. |
| (2) Subject to subsection (2A), where the Returning Officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter and the candidate or group of candidates for whom the voter gives his or her vote, the Returning Officer must not reject the ballot paper on the ground solely that it has not been marked in all respects in accordance with the directions given for the guidance of voters under this Act. [41/2018] |
| (2A) When determining whether a mark made on a ballot paper clearly indicates the voter’s intention and the candidate or group of candidates for whom the voter gives his or her vote, the Returning Officer must disregard any mark on the ballot paper that is not made within the area demarcated on the ballot paper for the voter to mark his or her vote for a candidate or group of candidates. [41/2018] |
| (3) Before rejecting a ballot paper, the Returning Officer must show it to each candidate or the candidate’s counting agent if present and hear his or her views thereon, taking all proper precautions to prevent any person from seeing the number printed on the back of the paper. |
| (4) The decision of the Returning Officer as to whether or not any ballot paper is to be rejected is final and is not to be questioned on an application under section 90. |
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| Approval of DRE voting systems |
50A.—(1) A DRE voting system must not be used at any poll in any electoral division unless the DRE voting system is approved before the date of the writ of the election under section 24 by —| (a) | the Auditor-General; or | | (b) | any person appointed by the Minister in consultation with the Auditor-General. |
(2) The Auditor-General or person appointed under subsection (1) must not approve any DRE voting system for use at any election in any electoral division unless, after conducting such tests as he or she considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he or she is satisfied that the DRE voting system —| (a) | permits voting in secrecy; | | (b) | permits each voter to vote from all the candidates or groups of candidates as are nominated for the election; | | (c) | operates safely and efficiently and accurately counts all votes cast for each candidate or group of candidates; | | (d) | is set to detect voting errors and to reject all votes for any candidate or group of candidates when the number of votes recorded exceeds the number of votes that may lawfully be cast; | | (e) | permits each voter to clearly see the ballot display; | | (f) | is safe from fraudulent or unauthorised manipulation or operation; | | (g) | ensures that all voting data stored in the DRE voting machines used is maintained regardless of electrical power surges or outages; and | | (h) | is capable of providing records from which the operation of the DRE voting system may be audited and for verification of the accuracy of the recording and counting of votes, but that does not allow for identification of any voter. |
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| (3) Subject to subsection (1), a DRE voting system must not be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 34(6) or (as the case may be) 34A(6), that a DRE voting system will be used at the poll in that electoral division. |
| (4) Where a DRE voting system is to be used at any forthcoming poll in any electoral division in accordance with this section, the Returning Officer may, for the purpose of instructing electors, provide one or more demonstrations as to the use of the DRE voting system in one or more public places within that electoral division. |
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| Approval of DRE voting machines and equipment |
50B.—(1) It is the duty of the Returning Officer to provide at each polling station within every electoral division specified in the notice under section 34(6) or (as the case may be) 34A(6) —| (a) | a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes; | | (b) | booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act; and | | (c) | a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station. |
(2) Not earlier than 4 clear days before polling day, the Auditor‑General or person appointed by the Minister under section 50A(1) must inspect and conduct or cause to be inspected and conducted such tests on every DRE voting machine and direct recording electronic voting equipment to be used at a poll, and if he or she is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he or she must not later than on the eve of polling day —| (a) | approve the DRE voting machine and equipment so tested for use at the poll; | | (b) | number the approved DRE voting machine; | | (c) | seal with his or her seal and secure the approved DRE voting machine and direct recording electronic voting equipment against use until polling day and despatch it in safe custody to the Returning Officer who must store it in safe custody until polling day; | | (d) | make a record containing the identification numbers of every such approved DRE voting machine and the respective polling stations to which each has been allocated; and | | (e) | furnish a copy of the record to such candidate or his or her election agent who requests such a copy before polling day. |
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(3) Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) must be carried out —| (a) | on such date and at such time and premises as the Returning Officer may specify by public notice not less than 5 clear days before polling day; and | | (b) | in the presence of such candidate or his or her election agent or polling agent as may be present at those premises on that date and time. |
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| Pre-poll testing of DRE voting system, etc. |
50C.—(1) Immediately before the commencement of the poll in any electoral division specified in a notice under section 34(6) or (as the case may be) 34A(6), the presiding officer at every polling station within the electoral division, in the sight of such person as may be present at the polling station, must —| (a) | ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 50B(2) and still sealed and secured against use; | | (b) | install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station; | | (c) | inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and | | (d) | unsecure the DRE voting machine for use at the poll. |
| (2) The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll must periodically inspect or cause to be inspected the machines and equipment for any tampering and damage or any malfunction while voting is in progress. |
(3) If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approved DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer must, with the approval of the Returning Officer —| (a) | immediately halt voting at that polling station if the poll has already commenced; and | | (b) | make such necessary arrangements for voting at the polling station —| (i) | to commence or resume (as the case may be) on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or | | (ii) | to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette, being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act. |
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| DRE voting system procedures generally |
50D.—(1) Except as otherwise provided in sections 50B and 50C and any regulations made under this section, any poll using any DRE voting system must be conducted in the same manner as that in which voting is conducted under sections 35 to 51, and is regarded as a poll for the purposes of this Act.| (2) The ballot image displayed on any approved DRE voting machine at any poll must be an identical representation in electronic form of the ballot paper used at the poll. |
| (3) The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls using a DRE voting system, including in particular, prescribing the training of presiding officers in operating DRE voting systems, the procedures on opening and closing of such a poll, the manner of voting, the counting of votes and for the safe despatch or transmission of records of voting using DRE voting machines for counting, including recounting, if any. |
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| Publication of result and statement of poll in Gazette |
| 51. The Returning Officer must immediately after the result has been declared by him or her under section 49(7)(a) or (7E)(a) and all the votes cast by overseas electors have been counted or after the result has been declared by him or her under section 49A(5), as the case may be, compile a statement of the poll in Form 17 in the First Schedule and must cause the name or names of the Members so elected and also the statement to be published in the Gazette. |
| Election of non-constituency Members in certain circumstances |
52.—(1) At any general election, the number of non‑constituency Members to be declared elected is the whole number (ignoring any number less than 0) ascertained in accordance with the formula| where B is the total number of Opposition Members elected to Parliament in accordance with section 49(7) or (7E) or 49A(5), as the case may be. |
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[41/2018] | (1A) [Deleted by Act 10 of 2010] |
| (2) Subject to subsection (3A), the non‑constituency Member or Members to be declared elected under subsection (1) must be determined from among the candidates of those political parties (other than the party or parties that will form the Government) contesting the general election on the basis of the percentage of the votes polled at the same general election by such candidates in the following order of priority — the candidate receiving the highest percentage of votes being placed first and the other candidates being placed in descending order in accordance with the percentages of votes polled by them. |
| (3) Subject to subsection (3A), where any non-constituency Member is to be declared elected under this section, the Returning Officer must, as soon as the Returning Officer determines the candidate who stands first in accordance with the order of priority under subsection (2), declare that candidate to be so elected; and if more than one non‑constituency Member are to be declared elected, the Returning Officer must declare as so elected the next succeeding candidate or candidates (as the case may be) in the order of priority under subsection (2). |
(3A) A candidate must not be declared as so elected under subsection (3) if —| (a) | the candidate has polled less than 15% of the total number of votes (other than rejected votes) polled at the election in the electoral division contested by him or her; | | (b) | 2 other candidates at the election in the same group representation constituency have been declared to be elected under subsection (3); or | | (c) | one other candidate at the election in the same electoral division that is not a group representation constituency has been declared to be elected under subsection (3). |
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(3B) Where there is an equality of the percentage of the votes between any candidates and the number of such candidates who are eligible to be declared elected under this section exceeds the number of non-constituency Members to be declared elected, the determination of the candidate or candidates to be declared elected must be as follows:| (a) | if all such candidates are from the same group, the Returning Officer must inform that group of the number of candidate or candidates in that group to be declared elected and the group must within 7 days determine among themselves who is to be declared elected and must immediately notify the Returning Officer of such determination; | | (b) | in any other case, or where the group referred to in paragraph (a) fails to notify the Returning Officer, the determination must be made by lot in the presence of the Returning Officer in such manner and at such time as the Returning Officer may determine. |
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| (3C) Upon receipt of a notification under subsection (3B)(a), the Returning Officer must as soon as possible declare the candidate or candidates determined under that subsection to be elected as a non‑constituency Member or Members, as the case may be. |
| (3D) For the purposes of this section and section 53, each candidate in a group for any group representation constituency is deemed to have received in respect of that constituency the percentage of the votes polled by that group in that constituency. |
| (4) In this section, “Opposition Member” means a Member of Parliament who is not a member of the political party or parties forming the Government. |
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| Failure to take Oath of Allegiance by non-constituency Member |
53.—(1) Subject to subsection (3), if any non‑constituency Member declared to be elected under section 52 fails to take and subscribe before Parliament the Oath of Allegiance under Article 61 of the Constitution at the first or second sitting of Parliament during its first session after the general election, Parliament may by resolution declare that his or her seat has become vacant and that it be filled by the next succeeding candidate at the general election in the order of priority as determined in accordance with section 52(2) from among those candidates who are eligible to be elected as non‑constituency Members and have not been so elected.| (2) The candidate last mentioned in subsection (1) is, upon such resolution, deemed to be elected as a non‑constituency Member under section 52 in place of the non‑constituency Member whose seat was declared vacant. |
| (3) Parliament must not move any resolution under subsection (1) unless the next succeeding candidate has polled not less than 15% of the total number of votes (other than rejected votes) polled at the election in the electoral division contested by him or her. |
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| Failure to comply with provisions of this Act |
54.—(1) An election is not invalid by reason of any failure to comply with any provision of this Act relating to elections if it appears that the election was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the election.| (2) Where in this Act any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non‑attendance of any candidate or agent at the time and place appointed for the purpose does not, if that act or thing is otherwise duly done, invalidate that act or thing. |
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55.—(1) Every person who —| (a) | forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Returning Officer any nomination paper knowing it to be forged; | | (b) | forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; | | (c) | without due authority supplies any ballot paper to any person; | | (d) | sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person; | | (e) | not being a person entitled under this Act to be in possession of any ballot paper which has been marked with the official mark in accordance with this Act, has any such ballot paper in his or her possession; | | (f) | puts into any ballot box anything other than the ballot paper which he or she is authorised by law to put in; | | (g) | without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station; | | (h) | without due authority destroys, takes, opens, or otherwise interferes with any ballot box, packet of ballot papers or any DRE voting machine or direct recording electronic voting equipment approved under section 50B(2) in use or intended to be used for the purposes of an election; | | (i) | without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; or | | (j) | manufactures, constructs, imports into Singapore, has in his or her possession, supplies or uses for the purpose of an election, or causes to be manufactured, constructed, imported into Singapore, supplied or used for the purpose of any election, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election, |
| shall be guilty of an offence and shall be liable on conviction by a District Court to a fine and to imprisonment for a term not exceeding 5 years and shall, on conviction, become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member, and if at that date he or she has been elected a Member, his or her election shall be vacated from the date of the conviction. |
| (2) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence. |
| (3) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
| (4) In a prosecution for an offence in relation to a nomination paper, ballot box, ballot paper, DRE voting machine, direct recording electronic voting equipment or marking instrument at an election, the property in the nomination paper, ballot box, ballot paper, DRE voting machine, direct recording electronic voting equipment or marking instrument, as well as the property in the counterfoil of any ballot paper, may be stated to be in the Returning Officer at that election. |
| (5) A prosecution for an offence under this section may only be instituted with the consent of the Public Prosecutor. |
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| Maintenance of secrecy at elections |
56.—(1) Every officer, clerk, interpreter, candidate and agent authorised to attend at a polling station, or at the counting of the votes, must, before so attending, make an oath of secrecy, substantially in Form 18 in the First Schedule.| (2) The Returning Officer has power to administer any oaths required to be taken under subsection (1). |
| (3) Subject to subsection (3A), every officer, clerk, interpreter, candidate and agent in attendance at a polling station must maintain, and aid in maintaining, the secrecy of the voting in the station, and must not communicate, except for some purpose authorised by law, before the poll is closed, to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark. |
| (3A) The total number of voters who have voted at any station at any time before the poll is closed may, in the discretion of the presiding officer, be divulged to the candidate or the candidate’s agent authorised to attend at the polling station. |
(4) Every officer, clerk, interpreter, candidate or agent, and every person must not —| (a) | attempt to obtain in the polling station information as to the candidate or group of candidates, for whom any voter in the station is about to vote or has voted; or | | (b) | communicate at any time to any person any information obtained in a polling station as to the candidate or group of candidates, for whom any voter in the station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at the station. |
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(5) Every officer, clerk, interpreter, candidate and agent in attendance at the counting of the votes must maintain, and aid in maintaining, the secrecy of the voting, and must not —| (a) | attempt to ascertain at the counting the number on the back of any ballot paper; or | | (b) | communicate any information obtained at the counting as to the candidate or group of candidates, for whom any vote is given by any particular ballot paper. |
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| (6) No person, except a presiding officer acting for a purpose authorised by this Act or a person authorised by the presiding officer and acting for that purpose, is to communicate or attempt to communicate with any voter after the voter has received a ballot paper and before the voter has placed it in a ballot box, or after the voter has been authorised to use an approved DRE voting machine to mark or record his or her vote and before the voter marks or records his or her vote at the machine, as the case may be. |
| (7) Every person who acts in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both. |
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POSTPONEMENT AND
ADJOURNMENT OF ELECTIONS |
| Postponement of nomination day, etc., before nomination day |
56A.—(1) Despite any other provision of this Act, at any time before the day of nomination appointed for any election in any electoral division, the President may postpone the date for the nomination of candidates to another day, or change the place of nomination, because of —| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); or | | (f) | any other reason related to the safety of assistants, clerks, candidates and other persons authorised under section 31(1) to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings. [41/2018] |
(2) Any postponement of the date for the nomination of candidates to another day, or any change in the place of nomination, under subsection (1) must be —| (a) | by notice in the Gazette describing the postponement of the day of nomination or the change in the place of nomination, as the case may be; or | | (b) | if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity in the electoral division for which the election is to be held describing the postponement of the day of nomination or the change in the place of nomination, as the case may be, |
| and any postponement or change so made is valid and sufficient and any date or place provided for in lieu of a date or place fixed by the writ is deemed to be the day of nomination or place of nomination so fixed, as the case may be. |
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| Change in hours for nomination of candidates, etc., before nomination day |
56B.—(1) Despite any other provision of this Act but subject to subsection (3), at any time before the day of nomination appointed for any election in any electoral division, the Returning Officer may change the hours for nomination proceedings to another time, because of —| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); or | | (f) | any other reason related to the safety of assistants, clerks, candidates and other persons authorised under section 31(1) to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings. [41/2018] |
(2) Any change in the hours for nomination proceedings to another time under subsection (1) must be —| (a) | by notice in the Gazette describing the change in the hours for nomination proceedings; or | | (b) | if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity in the electoral division for which the election is to be held describing the change in the hours for nomination proceedings, |
| and any change so made is valid and sufficient. |
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(3) In changing the hours for nomination proceedings under subsection (1), the Returning Officer may specify such other times in the day but —| (a) | must specify a period of one hour for the Returning Officer to receive nomination papers; | | (b) | must specify a period of 90 minutes for the making of objections to any nomination paper; | | (c) | must specify the latest time by which a candidate must make his or her deposit for the purposes of section 28, may correct errors in the nomination papers and may withdraw his or her candidature; | | (d) | must specify the time at which the nomination of a candidate who is the subject of multiple nominations described in section 32A is void; and | | (e) | must specify the latest time by which a candidate may make his or her indication (regarding his or her name) to the Returning Officer under section 105(1). [41/2018] |
|
| (4) Any changes in time under subsection (1) in lieu of the hours fixed by the notice of the issue of the writ under section 25 for an election in an electoral division are deemed to be the hours for nomination proceedings so fixed, and sections 27, 27A, 27B, 28, 29, 29A, 30, 32, 32A and 33 apply with such modifications as are necessary. [41/2018] |
|
| Changes to nomination proceedings, etc., on nomination day |
| 56BA.—(1) Despite any other provision of this Act, the Returning Officer may, on the day of nomination appointed for an election in an electoral division, exercise the powers conferred on him or her in this section if it appears to the Returning Officer on that day that the nomination proceedings for the election are, or are likely to be, obstructed, disrupted, undermined or seriously affected because of a disruptive event which arises before or during the nomination proceedings. [41/2018] (2) If the disruptive event arises before the start of the nomination proceedings on the day of nomination, the Returning Officer may —| (a) | do either or both of the following:| (i) | change the hours of the nomination proceedings; | | (ii) | change the location of the place of nomination; or |
| | (b) | wholly abandon the nomination proceedings. [41/2018] |
|
(3) If the disruptive event arises during the nomination proceedings on the day of nomination, the Returning Officer may —| (a) | change the hours of the nomination proceedings by temporarily suspending the nomination proceedings for such period or, where the nomination proceedings are temporarily suspended under subsection (4), such further period as the Returning Officer determines, with or without changing the location of the place of nomination; or | | (b) | wholly abandon the nomination proceedings. [41/2018] |
|
| (4) Before making a decision under subsection (3), the Returning Officer may temporarily suspend the nomination proceedings for a period not exceeding 2 hours for the purpose of determining the decision to be made under that subsection. [41/2018] |
(5) Any decision of the Returning Officer to change the hours of the nomination proceedings under this section is subject to the following:| (a) | where subsection (2)(a)(i) applies, the nomination proceedings must start and conclude within the same day of nomination; | | (b) | where subsection (3)(a) applies —| (i) | the nomination proceedings must resume and conclude within the same day of nomination; | | (ii) | the aggregate of the period of time before the suspension, and the period of time upon the resumption, of the nomination proceedings for the delivery of nomination papers to the Returning Officer must not be less than one hour; and | | (iii) | the aggregate of the period of time before the suspension, and the period of time upon the resumption, of the nomination proceedings for the making of objections to a nomination paper must not be less than 90 minutes. [41/2018] |
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(6) Where a decision is made under subsection (2), (3) or (4), the Returning Officer must, as soon as practicable and in the manner specified in subsection (8), publish a notice containing the following information:| (a) | the temporary suspension (including the period of the suspension), the new start or the resumption (including the time of the new start or the resumption), or the abandonment (as the case may be) of the nomination proceedings; | | (b) | the change (if any) in the location of the place of nomination. [41/2018] |
|
(7) Where there is a change in the hours of the nomination proceedings under this section, the Returning Officer must specify in the notice mentioned in subsection (6) —| (a) | a period of one hour (where subsection (2)(a)(i) applies) or the latest time (where subsection (3)(a) applies) for the delivery of nomination papers to the Returning Officer; | | (b) | a period of 90 minutes (where subsection (2)(a)(i) applies) or the latest time (where subsection (3)(a) applies) for the making of objections to a nomination paper; | | (c) | the latest time for depositing the sum required under section 28(1), correcting errors in nomination papers and withdrawal of candidature; | | (d) | the time at which the nomination of a candidate who is the subject of multiple nominations described in section 32A is deemed to be void; and | | (e) | the latest time by which a candidate may make his or her indication (regarding his or her name) to the Returning Officer under section 105(1). [41/2018] |
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(8) The notice mentioned in subsection (6) must be published —| (a) | in the Gazette; or | | (b) | if publication in the Gazette is not practicable, in such manner as will secure adequate publicity in the electoral division to which the nomination proceedings relate. [41/2018] |
|
(9) Where there is a change in the hours of the nomination proceedings or the location of the place of nomination under this section —| (a) | that change is valid and sufficient; | | (b) | any time or place provided under this section in lieu of the time or place specified in the notice of the issue of the writ under section 25 for the election is deemed to be the time or place so specified for the nomination proceedings; and | | (c) | sections 27, 27B, 28, 29, 29A, 30, 32, 32A and 33 apply with such modifications as are necessary. [41/2018] |
|
| (10) The Minister may prescribe the manner in which any suspension, new start, resumption or abandonment of nomination proceedings under this section is to be carried out. [41/2018] |
(11) In this section, “disruptive event” means any of the following:| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); | | (f) | any other thing which endangers the safety of assistants, clerks, candidates or other persons authorised under section 31(1) to be present at the place of nomination, or causes difficulties in the physical conduct of the nomination proceedings. [41/2018] |
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| Adjournment, etc., of polling |
56C.—(1) Despite any other provision of this Act, if at any time before the polling day appointed in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the polling at all polling stations established for the purposes of the poll in the electoral division is likely to be obstructed, disrupted, undermined or seriously affected because of —| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); or | | (f) | any other reason related to the safety of presiding officers, clerks, interpreters, polling agents or voters within the polling station, or to difficulties in the physical conduct of voting, |
| which has arisen or is likely to arise before or during the polling at all of those polling stations, the Returning Officer may postpone the polling day for that election to another day, except that the postponed poll for an election that is a general election must be within 3 months after the dissolution of Parliament. |
(2) Despite any other provision of this Act, if at any time before or during the conduct of polling in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the polling at any polling station established for the purposes of the poll in the electoral division is likely to be obstructed, disrupted, undermined or seriously affected because of —| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); or | | (f) | any other reason related to the safety of presiding officers, clerks, interpreters, polling agents or voters within the polling station, or to difficulties in the physical conduct of voting, |
| which has arisen or is likely to arise before or during the polling at that polling station, the Returning Officer may, subject to subsection (3), do one of the following: |
| (g) | temporarily suspend the polling at that polling station for a period or, where polling at that polling station is temporarily suspended under subsection (2A), a further period not exceeding 2 hours, with or without changing the location of that polling station; | | (h) | adjourn and postpone the polling at that polling station to another day, with or without changing the location of that polling station; | | (i) | wholly abandon and restart the polling at that polling station on another day, with or without changing the location of that polling station; | | (j) | terminate the polling at that polling station early; | | (k) | in the case of polling at an overseas polling station, abandon the poll at the polling station if the Returning Officer is satisfied that polling thereat cannot start or be resumed or completed. [41/2018] |
|
| (2A) Before making a decision under paragraphs (g) to (k) of subsection (2), the Returning Officer may temporarily suspend the polling at the polling station mentioned in that subsection for a period not exceeding 2 hours for the purpose of determining the decision to be made under those paragraphs. [41/2018] |
| (3) Any poll at an overseas polling station, if resumed or held in place of a postponed poll thereat, must close not later than the close of the poll on polling day in Singapore, and any poll held in place of a postponed poll at any polling station for an election that is part of a general election must be held within 3 months after the dissolution of Parliament. |
(4) In exercising any power under subsection (1) or (2), the Returning Officer must —| (a) | by notification in the Gazette declare the temporary suspension, adjournment, postponement, abandonment, restart, or early termination (as the case may be) of polling at the polling station concerned and, where applicable, specify the date and time on and at which polling at that polling station is to resume, restart or be held in place of the suspended, adjourned, postponed or abandoned poll, as the case may be; or | | (b) | if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity in the electoral division for which the election is to be held for the temporary suspension, adjournment, postponement, abandonment, restart or early termination (as the case may be) of the polling and, where applicable, the date and time on and at which polling at that polling station is to resume, restart or be held in place of the suspended, adjourned, postponed or abandoned poll, as the case may be, |
| and any postponement, resumption, restart or other change so made is valid and sufficient and any date or place provided for in lieu of a date or place fixed by the notice of contested election is deemed to be the polling day or polling place so fixed, as the case may be. |
|
| (5) If, in exercising any power under subsection (2), the Returning Officer changes the location of any polling station, the notice given under subsection (4) must also contain the address of the relocated polling station. |
| (6) Any temporary suspension, adjournment, postponement, abandonment, restart, or early termination (as the case may be) of polling at a polling station pursuant to the exercise of any power under subsection (1) or (2) must be carried out in the prescribed manner. |
| (7) Nothing in this section restricts the exercise of any power under section 50C(3). |
|
| Voting at adjourned polling |
56D. Where for any reason the polling at any polling station established for the purposes of the poll in any electoral division is so suspended or postponed under section 50C(3) or 56C, only those electors —| (a) | who are registered electors for that electoral division for which the polling station is established; | | (b) | who are entitled to vote as electors for that electoral division at that polling station; and | | (c) | who have not already voted, |
| are entitled to vote on the date and time on and at which polling at that polling station is to resume or to be held in place of the postponed poll, as the case may be. |
|
| Ballot box lost or destroyed after close of poll in Singapore |
56DA.—(1) The Returning Officer must wholly abandon the counting of all the votes cast at a polling station in Singapore (called in this section the affected polling station) at an election in an electoral division (called in this section the affected electoral division) if any sealed ballot box containing votes cast at the affected polling station in the election is lost or destroyed at any time —| (a) | after the close of the poll at the affected polling station; and | | (b) | before the ballot box could reach the counting place specified under this Act for the counting of the votes cast at the affected polling station. [41/2018] |
(2) The Returning Officer must restart (within 3 months after the dissolution of Parliament in the case of a general election) the polling at the affected polling station if the Returning Officer is satisfied that the aggregate of the following is equal to or more than the difference between the number of votes given in Singapore at the election in the affected electoral division to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes:| (a) | the total number of affected electors lawfully entitled to vote at the election in the affected electoral division; | | (b) | the total number of overseas electors lawfully entitled to vote at the election in the affected electoral division. [41/2018] |
|
| (3) The Returning Officer must, as soon as practicable, inform the candidates or (as the case may be) groups of candidates for the affected electoral division of the abandonment of the counting of the votes cast at the affected polling station and whether the polling at the affected polling station must restart. [41/2018] |
(4) Where the polling at the affected polling station must restart, the counting of the votes cast at the overseas polling stations for the affected electoral division, and for every related electoral division, stands postponed —| (a) | in the case where a sealed ballot box containing votes cast at an overseas polling station at the election in the affected electoral division is also lost or destroyed and section 56DB(2) applies in respect of that overseas polling station — to the date specified by the Returning Officer under section 56DB(5)(b)(ii); and | | (b) | in any other case — to the date specified by the Returning Officer under subsection (5)(b)(iii). [41/2018] |
|
(5) The Returning Officer must, as soon as practicable, publish a notice in the Gazette —| (a) | stating that the Returning Officer has abandoned the counting of all the votes cast at the affected polling station; and | | (b) | where subsection (2) applies, specifying —| (i) | the date on which the polling is to restart, the hours of the poll and the location of the polling station in Singapore (whether or not at the same location as the affected polling station) where the poll will be conducted; | | (ii) | the date on, the time at and the counting place in Singapore at which the votes cast at the polling station during the restarted poll will be counted; and | | (iii) | the date on, the time at and the counting place in Singapore at which the votes cast at the overseas polling stations will be counted. [41/2018] |
|
|
| (6) Any restart of polling in an election or other change under this section is valid and sufficient, and any polling day or polling station specified by the Returning Officer under this section is deemed to be the polling day or polling station (as the case may be) specified in the notice published under section 34(6) or (as the case may be) 34A(6) for that election. [41/2018] |
| (7) Nothing in this section restricts the exercise of any power under section 50C(3). [41/2018] |
| (8) The Minister may prescribe the manner in which any abandonment of the counting of votes, restart of polling or counting of votes under this section is to be carried out. [41/2018] |
(9) In this section —| “affected electors”, in relation to an election in an electoral division, means the electors (excluding overseas electors) who are allotted to an affected polling station in the electoral division under section 36A(1)(c) for the purposes of the election; |
“related electoral division”, in relation to an affected electoral division, means —| (a) | in the case of a general election, an electoral division (other than the affected electoral division) in the general election; or | | (b) | in the case of a by-election, an electoral division for which a by‑election is held at the same time as the by‑election for the affected electoral division. [41/2018] |
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| Ballot box lost or destroyed after close of poll at overseas polling station |
56DB.—(1) The Returning Officer must wholly abandon the counting of all the votes cast at an overseas polling station (called in this section the affected overseas polling station) at an election in an electoral division (called in this section the affected electoral division) if any sealed ballot box containing votes cast at the affected overseas polling station at the election is lost or destroyed at any time —| (a) | after the close of the poll at the affected overseas polling station; and | | (b) | before the ballot box could reach the counting place specified under this Act for the counting of the votes cast at the affected overseas polling station. [41/2018] |
(2) The Returning Officer must restart (within 3 months after the dissolution of Parliament in the case of a general election) the polling at the affected overseas polling station for the election in the affected electoral division if the Returning Officer is satisfied that any of the following is equal to or more than the difference between the number of votes given in Singapore at the election in the affected electoral division to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes:| (a) | in the case where a sealed ballot box containing votes cast at a polling station in Singapore at the election in the affected electoral division is also lost or destroyed and section 56DA(2) applies in respect of that polling station — the aggregate mentioned in that section; | | (b) | in any other case — the total number of overseas electors lawfully entitled to vote at the election in the affected electoral division. [41/2018] |
|
| (3) The Returning Officer must, as soon as practicable, inform the candidates or (as the case may be) groups of candidates for the affected electoral division of the abandonment of the counting of votes cast at the affected overseas polling station and whether the polling at the affected overseas polling station for the election in the affected electoral division must restart. [41/2018] |
| (4) Where the polling at the affected overseas polling station for the affected electoral division must restart, the counting of the votes cast at all other overseas polling stations for the affected electoral division, and the overseas polling stations for every related electoral division, stands postponed to the date specified by the Returning Officer under subsection (5)(b)(ii). [41/2018] |
(5) The Returning Officer must, as soon as practicable, publish a notice in the Gazette —| (a) | stating that the Returning Officer has abandoned the counting of all the votes cast at the affected overseas polling station; and | | (b) | where subsection (2) applies, specifying —| (i) | the date on which the polling is to restart, the hours of the poll and the location of the overseas polling station (whether or not at the same location as the affected overseas polling station) where the poll will be conducted; and | | (ii) | the date on, the time at and the counting place in Singapore at which the votes cast during the restarted poll and the votes mentioned in subsection (4) will be counted. [41/2018] |
|
|
| (6) Any restart of polling in an election or other change under this section is valid and sufficient, and any polling day, polling hours or overseas polling station specified by the Returning Officer under this section is deemed to be the polling day, polling hours or overseas polling station (as the case may be) specified in the notice published under section 34(6) or (as the case may be) 34A(6) for that election. [41/2018] |
| (7) Nothing in this section restricts the exercise of any power under section 50C(3). [41/2018] |
| (8) The Minister may prescribe the manner in which any abandonment of the counting of votes, restart of polling or counting of votes under this section is to be carried out. [41/2018] |
(9) In this section, “related electoral division”, in relation to an affected electoral division, means —| (a) | in the case of a general election, an electoral division (other than the affected electoral division) in the general election; or | | (b) | in the case of a by-election, an electoral division for which a by‑election is held at the same time as the by‑election for the affected electoral division. [41/2018] |
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| Adjournment, etc., of counting |
56E.—(1) Despite any other provision of this Act, if at any time before or during the counting of votes in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the counting of votes at any counting place for the electoral division is likely to be obstructed, disrupted, undermined or seriously affected because of —| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); or | | (f) | any other reason related to the safety of assistants, clerks counting the votes and candidates or their counting agents present in the counting place, or to difficulties in the physical conduct of counting, |
| which has arisen or is likely to arise before or during the counting of votes at that counting place, the Returning Officer may — |
| (g) | temporarily suspend the counting at that counting place for a period or, where counting at that counting place is temporarily suspended under subsection (1A), a further period not exceeding 2 hours, with or without changing the location of that counting place; | | (h) | adjourn and postpone the counting at that counting place to another day, with or without changing the location of that counting place; | | (i) | wholly abandon the counting of votes at that counting place if the Returning Officer is satisfied that counting thereat cannot be resumed or completed and that the number of votes to be counted will not affect the result of the election, and in the case of an abandoned recount of votes at that counting place, declare the election results using the results of the first count; or | | (j) | wholly abandon the counting of votes at that counting place and restart (within 3 months after the dissolution of Parliament in the case of a general election) the polling at all polling stations which are specified under this Act to be counted at that counting place and the counting of the votes cast thereat, if the Returning Officer is satisfied that counting thereat cannot be resumed or completed and that the number of votes to be counted will affect the result of the election. [41/2018] |
| (1A) Before making a decision under paragraphs (g) to (j) of subsection (1), the Returning Officer may temporarily suspend the counting of votes at the counting place mentioned in that subsection for a period not exceeding 2 hours for the purpose of determining the decision to be made under those paragraphs. [41/2018] |
(2) In exercising any power under subsection (1), the Returning Officer must —| (a) | announce to such of the candidates and their counting agents attending the counting of the votes at the counting place concerned, the temporary suspension, adjournment, postponement or abandonment (as the case may be) of counting of votes at the counting place and where applicable, the date and time on and at which counting of votes at that counting place is to resume or be held in place of the suspended, adjourned, postponed or abandoned count, as the case may be; and | | (b) | by notice in the Gazette declare the temporary suspension, adjournment, postponement or abandonment (as the case may be) of counting of votes at the counting place concerned and where applicable, specify the date and time on and at which counting of votes at that counting place is to resume or be held in place of the suspended, adjourned, postponed or abandoned count, as the case may be. |
|
| (3) If, in exercising any power under subsection (1), the Returning Officer changes the location of any counting place, the announcement and notice given under subsection (2) must also contain the address of the relocated counting place. |
(4) Before every temporary suspension or adjournment of the counting of votes at any counting place —| (a) | all counted ballot papers, uncounted ballot papers and all other documents relating to the counting of votes at the counting place must be sealed up in separate packets and placed in any ballot box or boxes; and | | (b) | those ballot box or boxes must then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals. |
|
| (5) Before resuming the counting of votes following any such temporary suspension or adjournment of counting, the Returning Officer or a person authorised by the Returning Officer must, in the presence of such of the candidates and their counting agents as attend, show each ballot box with such seals unbroken before taking out the uncounted ballot papers therein. |
| (6) Any temporary suspension, adjournment, postponement or abandonment of the counting of votes at any counting place pursuant to the exercise of any power under subsection (1), and the resumption of counting of votes or polling in place of the suspended, adjourned, postponed or abandoned count, must be carried out in the prescribed manner. |
| (7) In this section, any reference to counting of votes includes a reference to the recounting of votes. |
|
| Adjournment, etc., of adding of counted votes |
56F.—(1) Despite any other provision of this Act, if at any time before or during the adding of all the counted votes in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the adding of those votes at the principal counting place for the electoral division is likely to be obstructed, disrupted, undermined or seriously affected because of —| (a) | riot or open violence; | | (b) | the threat of riot or open violence; | | (c) | storm, tempest, flood or an occurrence of a similar kind; | | (d) | a health hazard; | | (e) | a fire or the activation of fire safety equipment (such as sprinklers or alarms); or | | (f) | any other reason related to the safety of assistants, clerks adding the votes and candidates or their election agents present in the principal counting place, or to difficulties in the physical conduct of adding the counted votes, |
| which has arisen or is likely to arise before or during the addition of votes at the principal counting place for that electoral division, the Returning Officer may — |
| (g) | temporarily suspend the addition of votes at the principal counting place for a period or, where the addition of votes at the principal counting place is temporarily suspended under subsection (1A), a further period not exceeding 2 hours, with or without changing the location of the principal counting place; or | | (h) | adjourn and postpone the addition of votes at the principal counting place to another day, with or without changing the location of the principal counting place. [41/2018] |
| (1A) Before making a decision under paragraph (g) or (h) of subsection (1), the Returning Officer may temporarily suspend the addition of votes at the principal counting place mentioned in that subsection for a period not exceeding 2 hours for the purpose of determining the decision to be made under either of those paragraphs. [41/2018] |
(2) In exercising any power under subsection (1), the Returning Officer must —| (a) | announce to such of the candidates and their election agents attending the addition of the votes at the principal counting place concerned, the temporary suspension, adjournment or postponement (as the case may be) of addition of votes at the principal counting place and where applicable, the date and time on and at which addition of votes at the principal counting place is to resume or to be held in place of the suspended, adjourned or postponed addition of votes, as the case may be; and | | (b) | by notice in the Gazette declare the temporary suspension, adjournment or postponement (as the case may be) of the addition of the votes at the principal counting place concerned and where applicable, specify the date and time on and at which addition of votes at that principal counting place is to resume or to be held in place of the suspended, adjourned or postponed addition of votes, as the case may be. |
|
| (3) If, in exercising any power under subsection (1), the Returning Officer changes the location of any principal counting place, the announcement and notice given under subsection (2) must also contain the address of the relocated principal counting place. |
| (4) Any temporary suspension, adjournment or postponement (as the case may be) of the addition of votes at any principal counting place pursuant to the exercise of any power under subsection (1), and the resumption of the addition of votes or the addition of votes in place of the suspended, adjourned or postponed addition, must be carried out in the prescribed manner. |
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57.—(1) Every person who —| (a) | at an election applies for a ballot paper or to record his or her vote at a DRE voting machine in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person; or | | (b) | having voted once at any such election, applies at the same election for a ballot paper or to record his or her vote at a DRE voting machine in his or her own name, |
| shall be guilty of the offence of personation. |
| (2) The offence of personation under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
58.—(1) A person shall be guilty of treating if the person corruptly, by himself or herself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving, any meat, drink, refreshment, cigarette, entertainment or other provision or thing or any money or ticket or other means or device to enable the procuring of any such meat, drink, refreshment, cigarette, entertainment or other provision or thing, to or for any person —| (a) | for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; | | (b) | for the purpose of inducing that person to attend or remain at any election meeting; | | (c) | on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at the election; or | | (d) | on account of any such person having attended an election meeting. |
| (2) A person shall also be guilty of treating if the person corruptly accepts or takes any such meat, drink, refreshment, cigarette, entertainment or other provision or thing or any such money or ticket or who adopts any other means or device to enable the procuring of such meat, drink, refreshment, cigarette, entertainment or other provision or thing. |
|
59. Every person who —| (a) | directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or herself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting at any election; or | | (b) | by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces or prevails upon any elector or voter either to vote or refrain from voting at any election, |
| shall be guilty of the offence of undue influence. |
|
60. The following persons shall be deemed guilty of the offence of bribery:| (a) | every person who, directly or indirectly, by himself or herself or by any other person on his or her behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act; | | (b) | every person who, directly or indirectly, by himself or herself or by any other person on his or her behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or voter or to or for any person on behalf of any elector or voter, or to or for any other person, in order to induce that elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act; | | (c) | every person who, directly or indirectly, by himself or herself or by any other person on his or her behalf, makes any gift, loan, offer, promise, procurement or agreement referred to in paragraph (a) or (b) to or for any person in order to induce that person to procure or endeavour to procure the return of any person as a Member of Parliament, or the vote of any elector or voter at any election under this Act; | | (d) | every person who, directly or indirectly, by himself or herself or by any other person on his or her behalf, makes any such gift, loan, offer, promise, procurement or agreement to or for any person who is assisting or has promised to assist a candidate at an election to induce that person to refrain from assisting that candidate; | | (e) | every person who upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, promises or endeavours to procure, the return of any person as a Member of Parliament, or the vote of any elector or voter at an election under this Act; | | (f) | every person who —| (i) | advances or pays or causes to be paid any money to or to the use of any other person with the intent that the money or any part of the money is to be expended in bribery at any election under this Act; or | | (ii) | knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election; |
| | (g) | every elector or voter who, before or during any election under this Act, directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or herself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election; | | (h) | every person who, after any election under this Act, directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election; | | (i) | every person who, directly or indirectly, by himself or herself or by any other person on his or her behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate or group of candidates, at an election, or on account of and as payment for his or her having assisted or agreed to assist any candidate or group of candidates, at an election, applies to that candidate or to any candidate in that group, or to the agent or agents of such candidate, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment; | | (j) | every person who, directly or indirectly, by himself or herself or by any other person on his or her behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he or she has become a candidate, gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for that other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for that other person, or to or for any person on behalf of that other person. |
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| Punishment and incapacities for corrupt practice |
61.—(1) Every person who —| (a) | commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation; | | (b) | commits the offence of treating, undue influence or bribery; | | (c) | publishes or causes to be published any election advertising during the period beginning with the day the writ of election is issued for an election and ending with the start of polling day at that election which —| (i) | in the case of election advertising that is, or is contained in, a printed document, does not bear on its face or, if there is more than one side of printed matter, on the first or last page of the document, the names of its printer, its publisher and the person for whom or at whose direction the election advertising is published; or | | (ii) | in the case of any other election advertising, does not bear in the form and manner prescribed under section 78A the names of its publisher and the person for whom or at whose direction the election advertising is published; |
| | (d) | makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of the candidate; | | (e) | makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at the election; [Act 28 of 2021 wef 07/07/2022] | | (ea) | being a candidate, knowingly makes the declaration required by section 73A falsely; or [Act 28 of 2021 wef 07/07/2022] | | (f) | being a candidate or an election agent, knowingly makes the declaration as to election expenses required by section 74 falsely, |
| shall be guilty of a corrupt practice and shall on conviction by a District Court be liable — |
| (g) | in the case mentioned in paragraph (a) — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both; | | (h) | in the case mentioned in paragraph (b) — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both; | | (i) | in the case mentioned in paragraph (c) — to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both; | | (j) | in the case mentioned in paragraph (d) or (e) — to a fine or to imprisonment for a term not exceeding 12 months or to both; or | | (k) | in the case mentioned in paragraph (ea) or (f) — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [41/2018] [Act 28 of 2021 wef 07/07/2022] |
| (2) Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member, and if at that date he or she has been elected a Member, his or her election shall be vacated from the date of the conviction. |
| (3) A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)(d) and (e)) must not be instituted without the consent of the Public Prosecutor. |
| (4) Without affecting section 57, every offence of undue influence or bribery under section 59 or 60 (as the case may be) and every other corrupt practice under subsection (1)(c), (d) or (e) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
| (5) Where any election advertising is published in contravention of subsection (1)(c), the printer of the election advertising as well as the person for whom or at whose direction the election advertising is published shall each also be guilty of a corrupt practice and shall each be liable on conviction to the same punishment and incapacity under this section as the publisher of the election advertising. |
(6) Subsection (1)(c) does not apply in respect of —| (a) | the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election; | | (b) | the publication of a document directly by a person or a group of persons to their members, employees or shareholders, as the case may be; | | (c) | the publication of any news relating to an election —| (i) | in a newspaper in any medium by a person permitted to do so under the Newspaper and Printing Presses Act 1974; or | | (ii) | in a radio or television broadcast by a person licensed to do so under the Broadcasting Act 1994; |
| | (d) | the telephonic or electronic transmission by an individual to another individual of the firstmentioned individual’s own political views, on a non-commercial basis; or | | (e) | such other circumstances or activities as the Minister may, by order in the Gazette, prescribe. |
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|
ELECTION AGENT,
ELECTION EXPENSES
AND ILLEGAL PRACTICES |
| Nomination of election agent |
62.—(1) On or before the day of nomination at an election, a person must be named in writing by or on behalf of each candidate as his or her agent for that election and the person is called in this Act the election agent.| (2) A candidate may name himself or herself as election agent, and is thereupon, so far as circumstances admit, subject to the provisions of this Act, both as a candidate and as an election agent, and any reference in this Act to an election agent is construed to refer to the candidate acting in his or her capacity as an election agent. |
| (3) On or before the day of nomination, the name and address of the election agent of each candidate must be declared in writing by the candidate or some other person on the candidate’s behalf to the Returning Officer. |
| (3A) The Returning Officer must then immediately, by affixing a notice in a conspicuous place outside the Returning Officer’s office, give public notification of the name and address of every election agent so declared. |
| (4) One election agent only must be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or herself or not, may be revoked. |
| (4A) In the event of such revocation or of the death of an election agent, whether the event is before, during or after the election, another election agent must immediately be appointed, and his or her name and address declared in writing to the Returning Officer, who must immediately give public notice of the name and address in the manner specified in subsection (3A). |
| (5) A principal election agent for a group of candidates must be appointed by the candidates from among their election agents and the provisions of this section relating to the appointment and revocation of appointment of an election agent and public notification thereof apply, with the necessary modifications, in respect of a principal election agent. |
(6) The election agent of a candidate (called candidate A) belonging to a group of candidates may act by the election agent of any other candidate belonging to the same group (called a sub‑agent) whom the firstmentioned election agent authorises in writing in respect of such expenses incurred on account of or in respect of the conduct or management of the election for the candidates as are named in the authority, and —| (a) | anything done by or to the sub-agent is deemed to be done by the election agent and sub‑agent jointly; and | | (b) | candidate A suffers the like incapacity as if any act or default of the sub‑agent had been the act or default of candidate A’s election agent. |
|
| (7) To avoid doubt, nothing in subsection (6) prevents an election agent of a candidate belonging to a group from authorising in writing more than one sub-agent from among the respective election agents of the other candidates belonging to the same group. |
(8) The authorisation of a sub-agent under subsection (6) —| (a) | is not vacated by the election agent who authorised the sub‑agent ceasing to be an election agent; and | | (b) | may be revoked by whoever is for the time being the election agent. |
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(9) The references in sections 64, 65(1) and (1A), 66, 68 and 69 to an election agent of a candidate (called candidate A) are, in relation to an election in a group representation constituency, to be taken as references to the election agent —| (a) | acting by himself or herself; or | | (b) | acting by the election agent of any other candidate belonging to the same group as candidate A whom the firstmentioned election agent has authorised in writing under subsection (6) to act as his or her sub‑agent in respect of such expenses incurred on account of or in respect of the conduct or management of the election for the candidates as are named in that authority. |
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| Person convicted of corrupt practice not to be appointed election agent |
| 63. A person must not be appointed an election agent if the person has, within 7 years prior to such appointment, been convicted of any corrupt practice under this Act or the Presidential Elections Act 1991. |
| Making of contracts through election agent |
64.—(1) Subject to subsection (1A), the election agent of a candidate must —| (a) | appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate at an election; | | (b) | hire every committee-room hired on behalf of the candidate; and | | (c) | inform the presiding officer at each polling station in writing of the name of every polling agent appointed to act at that station before the person is admitted to the station. |
| (1A) In the case of a group of candidates, either the principal election agent for the group or the election agent of any candidate in that group must appoint every polling agent on behalf of the group of candidates at an election and must inform the presiding officer at each polling station in writing of the name of every polling agent appointed to act at that station before the person is admitted to the station. |
| (2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election is not enforceable against a candidate at the election, unless made by the candidate himself or herself or by the candidate’s election agent. |
| (3) Any inability under this section to enforce the contract against the candidate does not relieve the candidate from the consequences of any corrupt or illegal practice committed by the candidate’s agent. |
|
| Payment of expenses through election agent |
65.—(1) Except as permitted by or pursuant to this Act, no payment and no advance or deposit is to be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during or after the election, in respect of any expenses incurred on account of or in respect of the conduct or management of the election otherwise than by or through the election agent of the candidate.| (1A) All money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance or deposit, must be paid to the candidate or the candidate’s election agent and not otherwise. |
(2) Subsections (1) and (1A) are not to be deemed to apply to —| (a) | any payments made by the Returning Officer; | | (b) | any payments which are, in accordance with section 66(8), (9) or (10) or 68(1), made by the candidate; | | (c) | any expenses which are paid in accordance with section 68(4) by a person or political party authorised as mentioned in that section; and | | (d) | any sum disbursed by any person out of his or her own money for any small expense legally incurred by himself or herself, if the sum is not repaid to him or her. |
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| (3) A person who makes any payment, advance or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid shall be guilty of an illegal practice. |
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| Period for sending in claims and making payments for election expenses |
66.—(1) Every payment made by an election agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election must, except where less than $10 or where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt.| (2) Every claim against a candidate at an election or the candidate’s election agent in respect of any expenses incurred on account of or in respect of the conduct or management of the election, which is not sent in to the election agent within the time limited by this Act, is barred and must not be paid. |
| (2A) Subject to such exception as may be allowed pursuant to this Act, an election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice. |
| (3) Except as by this Act permitted, the time limited by this Act for sending in claims is 14 days after the date of publication of the result of the election in the Gazette. |
| (4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of the election, must be paid within the time limited by this Act and not otherwise. |
| (4A) Subject to such exception as may be allowed pursuant to this Act, an election agent who makes a payment in contravention of subsection (4) shall be guilty of an illegal practice. |
| (5) Except as by this Act permitted, the time limited by this Act for the payment of those expenses is 28 days after the date of publication of the result of the election in the Gazette. |
| (6) Where it has been proved to the satisfaction of the Election Judge by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of the candidate, the election of the candidate is not void, nor is the candidate subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section. |
| (7) If the election agent in the case of any claim sent in to him or her within the time limited by this Act disputes it, or refuses or fails to pay it within the period of 28 days, the claim is deemed to be a disputed claim. |
| (8) The claimant may bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his or her agent pursuant to the judgment or order of that court is deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent. |
| (9) On cause shown to the satisfaction of a Judge sitting in the General Division of the High Court, the Judge, on application by the claimant or by the candidate or his or her election agent, may by order give permission for the payment by a candidate or his or her election agent of a disputed claim, or of a claim for those expenses, although sent in after the time in this section mentioned for sending in claims, or although the claim was sent in to the candidate and not to the election agent. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (10) Any sum specified in the order of permission may be paid by the candidate or his or her election agent; and when paid pursuant to that permission is deemed to be paid within the time limited by this Act. [Act 25 of 2021 wef 01/04/2022] |
|
| Remuneration of election agent |
67.—(1) So far as circumstances admit, this Act applies to an election agent’s claim for his or her remuneration and to the payment thereof in like manner as if he or she were any other creditor.| (2) If any difference arises respecting the amount of the claim, the claim is a disputed claim within the meaning of this Act, and is to be dealt with accordingly. |
|
| Expenses which may be paid otherwise than by election agents |
68.—(1) The candidate at an election may pay any personal expenses incurred by him or her on account of or in connection with or incidental to the election to an amount not exceeding $1,000, but any further personal expenses so incurred by the candidate must be paid by the candidate’s election agent.| (2) The candidate must send to the election agent within the time limited by this Act for sending in claims a written statement of the amount of personal expenses paid by the candidate. |
| (3) The personal expenses of a candidate include his or her reasonable travelling expenses, and the reasonable expenses of his or her living at hotels or elsewhere for the purposes of the election. |
(4) If so authorised in writing by the election agent of a candidate (called in this subsection candidate A) —| (a) | any person may pay any necessary expense for stationery, postage, telephonic communication (or any other similar means of communication) and other petty expenses; or | | (b) | the political party for whom candidate A is standing for election (or an officer of the party authorised by the party to act on its behalf) may pay any expenses incurred on account of or in respect of the conduct or management of the election of candidate A, |
| to a total amount not exceeding that named in the authority, but any excess above the total amount so named must be paid by the election agent of candidate A. |
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| Expenses in excess of maximum to be illegal practice |
69.—(1) Subject to such exception as may be allowed pursuant to this Act, no sum is to be paid and no expense is to be incurred by a candidate at an election or his or her election agent, whether before, during, or after an election, on account of or in respect of the conduct or management of the election, in excess of the amount determined in accordance with the Third Schedule.| (1A) The amount mentioned in subsection (1) does not include any expenditure incurred by the candidate for his or her personal expenses, or any fee paid to the election agent not exceeding $500. |
| (2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice. |
| (3) The Minister may by order amend the Third Schedule; and every such order must be presented to Parliament as soon as possible after publication in the Gazette. |
| (4) Where a writ of election has been issued under section 24 for an election in any electoral division, no order under subsection (3) may be made until after the day of nomination or, if a poll is to be taken, until after polling day of that election. |
|
| Certain expenditure to be illegal practice |
70.—(1) No payment or contract for payment is, for the purpose of promoting or procuring the election of a candidate at any election, to be made —| (a) | on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway or other fares, or otherwise; or | | (b) | to or with an elector or voter on account of the use of any house, land, building or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address, bill or notice. |
(2) Despite anything in subsection (1) —| (a) | where it is the ordinary business of an elector or voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with the elector or voter, if made in the ordinary course of business, is not deemed to be an illegal practice within the meaning of this section; and | | (b) | where electors or voters are unable at an election to reach their polling stations from their place of residence without crossing the sea or a branch or arm thereof or a river, means may be provided for conveying those electors or voters by sea to their polling stations, or to enable them to cross the river in order to reach their polling stations, and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act. |
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| Use of motor vehicles at elections |
71.—(1) Subject to this section, a person must not let, lend, employ, hire, borrow or use any motor vehicle for the purpose of conveyance of electors or voters to or from the poll.| (1A) A person knowingly acting in contravention of subsection (1) shall be guilty of an illegal practice except that a candidate shall not be liable, nor shall the candidate’s election be avoided, for an illegal practice under this subsection committed without his or her consent or connivance by any person other than his or her election agent. |
| (1B) The court before whom a person is convicted under subsection (1A) may, if the court thinks it just in the circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 79. |
| (2) Nothing in this section prevents any person from employing a motor vehicle for the purpose of conveying to or from the poll himself or herself, or any member of his or her family. |
| (3) In subsection (2), “member of his or her family” means a person’s spouse, parents and children. |
| (4) Between 8 a.m. and 8 p.m. on polling day, a person must not park a motor vehicle within 100 metres of any polling station other than a motor vehicle used for the conveyance of any sick, infirm or disabled person for such time as is reasonably necessary to enable the person to cast his or her vote. |
| (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. |
| (6) The illegal practice and the offence under subsections (1A) and (4), respectively, are each an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
| Certain employment to be illegal |
72.—(1) Subject to section 62(6) and (7), a person must not, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purpose or in the capacities following:| (a) | one election agent and no more; | | (b) | the number of polling agents that may be admitted to each polling station under section 39(5); | | (c) | a reasonable number of clerks and messengers having regard to the area of the electoral division and the number of electors on the register of electors for the division. [41/2018] |
| (2) Subject to such exception as may be allowed pursuant to this Act, if any person is engaged or employed in contravention of this section, either before, during or after an election, the person engaging or employing him or her shall be guilty of an illegal practice. |
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| 73. The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of expenses in excess of a certain maximum, do not affect the right of any creditor who, when the contract was made or the expense was incurred, was ignorant that they were in contravention of this Act. |
| Post-election declaration by candidates |
73A.—(1) Every candidate at an election must give to the Returning Officer a declaration that is in accordance with subsection (2), not later than the 7th day after the day that the result of the election is published under section 33(1)(b) or 51, as the case may be. (2) The declaration required by subsection (1) to be given by a candidate must be made by the candidate, be in the prescribed form, and further state that, to the best of the knowledge and belief of the candidate —| (a) | no foreigner has been authorised by the candidate or his or her election agent under section 83(2) to conduct any election activity for the purpose of procuring the electoral success at that election of the candidate or the group of candidates of whom the candidate is part; | | (b) | the conduct of any election activity by the candidate or his or her election agent for the purpose of procuring the electoral success at that election of the candidate, or the group of candidates of whom the candidate is part, was not undertaken by the candidate or election agent pursuant to any impermissible arrangement; and | | (c) | the conduct of any election activity for the purpose of procuring the electoral success at that election of the candidate, or the group of candidates of whom the candidate is part, was not authorised by the candidate or the candidate’s election agent, pursuant to any impermissible arrangement. |
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| (3) For the purposes of this section, any declaration that is required by subsection (1) to be given to the Returning Officer must not be regarded as so given unless the declaration is actually received by the Returning Officer. |
| (4) Where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate shall be guilty of an illegal practice; and the provisions of this subsection are in addition to and not in derogation of section 61. |
(5) In addition, where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate must not, after the expiry of that time, sit or vote in Parliament as a Member until either —| (a) | the declaration has been given; or | | (b) | the date of the allowance of an authorised excuse under section 87A for failing to give the declaration. |
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| (6) A candidate who sits or votes in contravention of subsection (5) shall be guilty of an offence and shall be liable on conviction to a penalty of $500 for every day on which he or she so sits or votes. |
(7) In this section —| “arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten; |
| “foreign principal” has the meaning given by section 4 of the Foreign Interference (Countermeasures) Act 2021; |
| “foreigner” means an individual who is not a citizen of Singapore; |
“impermissible arrangement”, in relation to a candidate or his or her election agent, means an arrangement —| (a) | to which the candidate or election agent is party; and | | (b) | under which the candidate or election agent (as the case may be) is accustomed or under an obligation (whether formal or informal) to engage in conduct in accordance with the directions, instructions or wishes of a foreign principal or, where the foreign principal is a corporation, of the directors of the foreign principal. [Act 28 of 2021 wef 07/07/2022] |
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| Return and declaration respecting election expenses |
74.—(1) Within 31 days after the date of publication of the result of an election in the Gazette, the election agent of every candidate at that election must transmit to the Returning Officer a true return (called in this Act the return respecting election expenses), in Form 19 in the First Schedule, containing detailed statements as respects that candidate of —| (a) | all payments made by the election agent; | | (b) | the amount of personal expenses (if any) paid by the candidate; | | (c) | the disputed claims so far as the election agent is aware; | | (d) | all unpaid claims (if any) of which the election agent is aware in respect of which application has been made or is about to be made to an Election Judge or a Judge sitting in the General Division of the High Court; and | | (e) | every donation accepted by the election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received. [41/2018; 40/2019] |
| (1A) [Deleted by Act 41 of 2018] |
| (2) The return respecting election expenses must be signed by the election agent and must be accompanied by a statement made by the candidate and his or her election agent which must be in Form 19 in the First Schedule. [41/2018] |
| (2A) [Deleted by Act 41 of 2018] |
| (3) If the return and statements are not transmitted before the expiration of the time limited for the purpose, the candidate must not after the expiration of the time sit or vote in Parliament as a Member until either the return and statements have been transmitted or until the date of the allowance of such authorised excuse for failure to transmit them as in this Act mentioned. |
| (3A) If a candidate sits or votes in contravention of this Act, he or she shall be guilty of an offence and shall be liable on conviction to a penalty of $500 for every day on which he or she so sits or votes. |
| (3B) Where a candidate or an election agent fails to transmit the return respecting election expenses and the statement referred to in subsection (2) before the expiration of the time limited for the purpose and in the manner required by this Act, the candidate or election agent shall not be qualified to be elected as President. |
| (4) If any candidate or election agent fails to comply with the requirements of subsection (1) or (2), he or she shall be guilty of an illegal practice and the provisions of this section shall be in addition to and not in derogation of section 61. [41/2018] |
| (4A) [Deleted by Act 41 of 2018] |
| (5) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act. [Act 28 of 2021 wef 29/12/2023] |
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| Publication of receipt of return, etc. |
75.—(1) When the Returning Officer has received any return respecting election expenses and the statements made in respect thereof, the Returning Officer must, as soon as possible, cause a notice of the date on which the return and statements in question were received by the Returning Officer and of the time and place at which they can be inspected, to be fixed in some conspicuous place in the Returning Officer’s office and published in the Gazette.(2) The Returning Officer must —| (a) | preserve all such returns and statements; | | (b) | at all reasonable times during 6 months after the publication in the Gazette of the notice mentioned in this section, permit any person to inspect them and to make extracts therefrom on payment of a fee of $2; and | | (c) | on payment of 30 cents for each page, supply a copy or copies of any part thereof. [41/2018] |
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(2A) Before permitting the inspection of, or the making of extracts from, any return or statement under subsection (2)(b), the Returning Officer must —| (a) | completely redact the address and contact number of any individual disclosed in the return or statement; and | | (b) | partially redact the identity card number of any individual disclosed in the return or statement. [41/2018] |
|
| (3) After the end of one year after the date of publication of the notice mentioned in subsection (1), those documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed. [41/2018] |
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| Supporting documents, etc., for returns respecting election expenses |
75A.—(1) A candidate and his or her election agent at an election must maintain, for the period specified in subsection (2), the following documents relating to the election (collectively called in this section the supporting documents):| (a) | every bill and receipt mentioned in section 66(1) relating to the candidate; | | (b) | every written authority mentioned in section 68(4) given by the election agent. [41/2018] |
| (2) For the purposes of subsection (1), the period is one year after the date of publication of the notice under section 75(1) on the return respecting election expenses for the candidate in the election. [41/2018] |
| (3) The Returning Officer may, by written notice at any time during the period specified in subsection (2), require the candidate or the election agent, or both of those persons, to furnish, within such time as may be specified in the notice, any supporting document or any other information relating to the return respecting election expenses. [41/2018] |
| (4) The candidate or the election agent who is given a written notice under subsection (3) must comply with the notice. [41/2018] |
| (5) The candidate and the election agent are jointly and severally responsible for complying with the requirements of subsections (1) and (where applicable) (4). [41/2018] |
| (6) Any person who contravenes subsection (1) or (4) shall be guilty of an illegal practice. [41/2018] |
| (7) This section is in addition to and not in derogation of section 61. [41/2018] |
|
| Employers to allow employees reasonable period for voting |
76.—(1) Every employer must, on polling day, allow every elector who is an employee thereof a reasonable period for voting.| (1A) An employer must not make any deduction from the pay or other remuneration of any such elector or impose upon or exact from the elector any penalty by reason of the absence of the elector during that period. |
| (2) This section extends to the employees of the Railway except such as are actually engaged in the running of trains and to whom such time cannot be allowed without interfering with the manning of the trains; and the General Manager of Railways shall be deemed to be the employer of such employees. |
| (3) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with granting to any elector who is an employee thereof a reasonable period for voting shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
| Badges, symbols, etc., prohibited on polling day and eve of polling day |
77.—(1) A badge, symbol, rosette, favour, set of colours, flag, advertisement, handbill, placard or poster or any replica of a voting paper must not be worn, used, carried or displayed by any person or on any motorcar, truck or other vehicle as political propaganda on polling day or on the eve of polling day at an election.| (2) The prohibition under subsection (1) does not preclude the wearing on his or her person by a candidate of a badge indicating his or her affiliation with a political party or a replica of the symbol allotted to him or her or to the group of candidates to which he or she belongs under section 34 or 34A, as the case may be. |
| (3) The offence under subsection (4) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
| (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months. |
|
| Regulations for display of posters and banners |
78.—(1) The Minister may make regulations to regulate the display of posters and banners in respect of an election.| (2) Such regulations may provide for the Returning Officer to determine the number and size of posters and banners which may be displayed in any electoral division and for the determination of the places at which they may be so displayed. |
(3) In this section and any regulations made under this section —| “banner” includes a flag, bunting, ensign or standard; |
| “poster” includes any label, set of colours, drawing, painting, advertisement, handbill or placard or any replica of a voting paper or of the symbol of any political party. |
|
| (4) Any person who commits an offence under such regulations shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months. |
| (5) Every offence under such regulations is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
| Regulations for other election advertising |
78A.—(1) The Minister may make regulations —| (a) | prescribing the form and manner in which the names of the publisher of any election advertising not comprising printed matter and of the person for whom or at whose direction it is published must be included in such election advertising for the purpose of complying with section 61(1)(c)(ii); and | | (b) | regulating election advertising and the publication thereof during an election period on what is commonly known as the Internet by political parties, and candidates or their election agents, including prescribing the features that must or must not appear or be used in any such election advertising. [41/2018] |
| (2) Any person who contravenes any regulations made under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (2A) Every offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
| (3) In this section and any regulations made under subsection (1), “election period” means the period beginning with the day the writ of election is issued for an election and ending with the start of polling day at the election. |
|
78B.—(1) Except as otherwise provided by or under subsection (2), a person must not, at any time on polling day or the eve of polling day at an election in an electoral division —| (a) | knowingly publish, or knowingly cause or permit to be published, any election advertising in or among any electors in the electoral division; or | | (b) | knowingly display, or knowingly cause or permit to be displayed, any election advertising on any vehicle, thing or structure within the electoral division or adjoining the electoral division. |
(2) Subsection (1) does not apply to —| (a) | the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election; | | (b) | the publication of any news relating to an election —| (i) | in a newspaper in any medium by a person permitted to do so under the Newspaper and Printing Presses Act 1974; or | | (ii) | in a radio or television broadcast by a person licensed to do so under the Broadcasting Act 1994; |
| | (c) | the telephonic or electronic transmission by an individual to another individual of the firstmentioned individual’s own political views, on a non‑commercial basis; | | (d) | any election advertising that was lawfully published or displayed before the start of the eve of polling day at any election on what is commonly known as the Internet and that was not changed after its publication or display; | | (e) | the continued lawful display or posting of posters or banners that have been displayed or posted before the start of the eve of polling day at any election; and | | (f) | such activities or circumstances as the Minister may prescribe. |
|
| (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (4) Every offence under subsection (3) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
| Blackout period for election survey results |
78C.—(1) A person must not publish or permit or cause to be published the results of any election survey during the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election.| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both. |
| (2A) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
| (3) In this section, “election survey” means an opinion survey of how electors will vote at an election or of the preferences of electors respecting any candidate or group of candidates or any political party or issue with which an identifiable candidate or group of candidates is associated at an election. |
|
| Exit polls ban on polling day |
78D.—(1) A person must not publish or permit or cause to be published on polling day before the close of all polling stations on polling day —| (a) | any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or | | (b) | any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given. |
| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both. |
| (2A) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
(3) In this section —| (a) | “forecast” includes estimates; and | | (b) | any reference to the result of an election is a reference to the result of an election either as a whole or so far as any particular candidate or group of candidates at the election are concerned. |
|
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| Defence for election advertising offences |
78E.—(1) It is a defence for a person charged with an offence under section 61(1) or (5), 78A(2), 78B(3), 78C(2) or 78D(2) to prove —| (a) | that the contravention of section 61(1)(c), (d) or (e), 78B(1), 78C(1), 78D(1) or any regulations made under section 78A(1)(b) (as the case may be) arose from circumstances beyond the person’s control; and | | (b) | that the person took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise. |
| (2) Nothing in subsection (1) limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers. |
|
| Punishment for conviction for illegal practice |
79.—(1) Every person who commits an illegal practice shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $2,000 and become incapable for a period of 3 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member, and if at that date he or she has been elected a Member, his or her election shall be vacated from the date of the conviction.| (2) A prosecution for an illegal practice must not be instituted without the consent of the Public Prosecutor, except that nothing in this subsection prevents any police officer from exercising the powers conferred on him or her by Division 1 of Part 4 (other than section 20) and sections 34, 39, 40, 111, 258, 260, 261 and 280 of the Criminal Procedure Code 2010 in the case of non‑arrestable offences or from exercising his or her powers to prevent a continuance of any illegal practice. |
|
| Prohibition of canvassing on polling day and eve of polling day |
80.—(1) A person must not on polling day and the eve of polling day at an election in an electoral division —| (a) | by word, message, writing or in any other manner endeavour to persuade any person to give or dissuade any person from giving his or her vote at the election; or | | (b) | visit an elector at his or her home or place of work for any purpose in connection with the election. |
| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both. |
| (3) Despite the provisions of the Criminal Procedure Code 2010 relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his or her office, is empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed. |
| (4) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
| (5) For the purposes of this section, any person who, on polling day or on the eve of polling day, enters or is seen at more than 2 houses or places of work of electors in the same polling district other than his or her own home or place of work, is, unless the person proves the contrary, presumed to have committed an offence under subsection (1)(a) and (b). |
|
| Restrictions on election meetings |
80A.—(1) Without affecting sections 12 and 13 of the Public Order Act 2009, and despite section 14 of that Act, all election meetings, wherever held, are prohibited —| (a) | in the case of a general election, on polling day and the eve of polling day at the general election; or | | (b) | in the case of a by‑election in any electoral division, on polling day and the eve of polling day at the by‑election, |
| and despite section 7 of that Act, a permit must not be granted under Part 2 of that Act for such an election meeting even if a notice under section 6 of that Act is given in respect of that election meeting. |
(2) Despite section 14 of the Public Order Act 2009, an election meeting must not take place within any public place that is designated as an unrestricted area under that section during any of the following periods:| (a) | in the case of a general election, between the day of nomination appointed for the general election and the day before the eve of polling day at that general election (both days inclusive); | | (b) | in the case of a by-election in any electoral division, between the day of nomination appointed for the by‑election and the day before the eve of polling day at that by‑election (both days inclusive), |
| unless the Commissioner of Police is notified under section 6 of that Act of the intention to hold the election meeting, and a permit is granted under section 7 of that Act in respect of that election meeting; and Part 2 of that Act applies to such an election meeting as if it does not take place within an unrestricted area. |
|
(3) Any reference in the Public Order Act 2009 to an assembly or a procession that is unlawful under Part 2 of that Act includes a reference to an election meeting —| (a) | that is held in contravention of subsection (1) or (2); or | | (b) | in the case of an election meeting that takes place in an unrestricted area within the meaning of section 14 of the Public Order Act 2009 —| (i) | that is held on a date or at a time which differs from the date or time specified in relation to the election meeting in the notice given under section 6 of that Act; or | | (ii) | that is not in compliance with any requirement imposed by section 8(1) of that Act or any condition imposed under section 8(2) of that Act on organisers or persons taking part in that election meeting. |
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(4) In this section, “election meeting” means a public assembly (within the meaning of the Public Order Act 2009) organised by or on behalf of a candidate nominated for election —| (a) | to promote or procure the electoral success at the election for one or more identifiable political parties, candidates or groups of candidates; or | | (b) | to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with the election. |
|
|
| Prohibition of dissuasion from voting |
81.—(1) A person must not between the day of nomination and polling day (both days being inclusive) at any election, by word, message, writing or in any other manner dissuade or attempt to dissuade any person from giving his or her vote at the election.| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (3) Despite the provisions of the Criminal Procedure Code 2010 relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his or her office, is empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed. |
| (4) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
| Undue influence at or near polling station |
82.—(1) A person must not —| (a) | endeavour to establish the identity of any person entering a polling station; | | (b) | check the name of any person entering a polling station on any list at the approach to a polling station; | | (c) | anywhere place any desk or table or establish any office or booth for the purpose of recording particulars of voters; | | (d) | wait outside any polling station on polling day, except for the purpose of gaining entry to the polling station to cast his or her vote; | | (e) | loiter in any street or public place within a radius of 200 metres of any polling station on polling day; or | | (f) | open or maintain, for the purpose of any activity directed towards promoting or procuring the election of a candidate at any election, any office in any room, building or any place whatsoever, whether open or enclosed, on polling day. |
| (1A) Despite subsection (1), every candidate or his or her election agent may open or maintain in his or her electoral division one office for each polling district, which must not be within a radius of 200 metres of any polling station, and the address of every such office must be registered by the candidate or his or her election agent with the Returning Officer before polling day. |
| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (3) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
| Persons prohibited from conducting election activity |
83.—(1) A person —| (a) | attending a primary or secondary school as a student; | | (b) | against whom an order of supervision has been made under section 30(1)(b) of the Criminal Law (Temporary Provisions) Act 1955; | | (c) | who is an undischarged bankrupt; or | | (d) | who is not a citizen of Singapore, |
| must not take part in any election activity. |
[12/2018] | (1A) An individual who is not a citizen of Singapore must not knowingly publish or display, or knowingly cause or permit to be published or displayed, any election advertising in or among any electors in an electoral division during the period beginning with the day the writ of election is issued for an election and ending with the start of the eve of polling day at the election. |
| (2) A person must not conduct any election activity unless the person is in possession of a written authority signed by a candidate or his or her election agent in Form 22 or Form 23 (as the case may be) in the First Schedule and such authority must be issued only on or after the day of nomination. |
| (3) Every candidate and election agent must supply particulars in duplicate of all written authorities issued by him or her under subsection (2) to the Returning Officer, who must on receipt thereof forward a copy of those particulars to the Commissioner of Police. |
| (4) A candidate or an election agent must, if so required by the Commissioner of Police, immediately withdraw and deliver to the Returning Officer the written authority given by the candidate or election agent to any person who is stated by the Commissioner of Police to be a person in respect of whom an order has been made under section 30(1)(b) of the Criminal Law (Temporary Provisions) Act 1955. [12/2018] |
| (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (6) A candidate or an election agent must not authorise any person to conduct an election activity, knowing or having reason to believe that the person is attending a primary or secondary school as a student or that an order has been made in respect of the person under section 30(1)(b) of the Criminal Law (Temporary Provisions) Act 1955. [12/2018] |
| (7) Every offence under this section for contravening subsection (1), (1A) or (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
(8) In this section, “election activity” includes any activity (other than clerical work wholly performed within enclosed premises) which is done for the purpose of —| (a) | promoting or procuring the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or | | (b) | prejudicing the electoral prospects of other political parties, candidates or groups of candidates at the election. [41/2018] |
|
| (9) Nothing in this section prohibits the carrying out by any prescribed person, or person in a prescribed class of persons, of such type of work as is prescribed, being work that is performed solely pursuant to a contract for service entered into with a person authorised to conduct election activity under this section. |
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84. Where it is shown that the common object of an assembly of 5 or more persons is —| (a) | to interrupt or interfere with an election meeting; or | | (b) | to go about in a group on polling day in a manner calculated to cause intimidation, alarm or annoyance to any elector, voter or candidate, |
| the assembly is deemed to be an unlawful assembly as defined in section 141 of the Penal Code 1871. |
|
| Offence to operate loudspeaker |
85.—(1) It shall be an offence for a person to operate any loudspeaker or other instrument for the production or reproduction of any speech, sound or music in any street or public place or any premises adjoining any street or public place, so as to interfere with any election meeting or so as to cause annoyance to persons conducting or attending the meeting.| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months. |
| (3) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. |
|
|
EXCUSE FOR CORRUPT
AND ILLEGAL PRACTICE |
| Report exonerating candidate in certain cases of corrupt and illegal practice by agents |
86. Where, upon the hearing of an application under section 90 respecting an election under this Act, the Election Judge reports that a candidate at the election has been guilty by his or her agents of the offence of treating or undue influence or of any illegal practice in reference to the election, and the Election Judge further reports, after giving the Public Prosecutor an opportunity of being heard, that the candidate has proved to the court —| (a) | that no corrupt or illegal practice was committed at the election by the candidate or his or her election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his or her election agent; | | (b) | that the candidate and his or her election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election; | | (c) | that the offences mentioned in the said report were of a trivial, unimportant and limited character; and | | (d) | that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his or her agents, |
| then the election of the candidate is not, by reason of the offences mentioned in the report, void, and the candidate is not subject to any incapacity under this Act. |
|
| Power of election court to except innocent act from being illegal practice, etc. |
87.—(1) Where, on application made, it is shown to an Election Judge or to a Judge sitting in the General Division of the High Court by such evidence as seems to the Judge sufficient —| (a) | that any act or omission of a candidate at any election, or of his or her election agent or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of being a payment, engagement, employment, or contract in contravention of this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and | | (b) | that the act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, |
| and in the circumstances it seems to the Judge, after giving the candidates, the Returning Officer, and any elector within the electoral division an opportunity of being heard, to be just that the candidate in question and the election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of that act or omission, the Judge may make an order allowing that act or omission to be an exception from the provisions of this Act which would otherwise make the act or omission an illegal practice, payment, employment or hiring. |
[40/2019] | (2) Upon the making of an order under subsection (1), the candidate, agent or person is not subject to any of the consequences under this Act of the act or omission mentioned in that subsection. |
|
| Authorised excuse for non-compliance with section 73A |
87A.—(1) Where —| (a) | any declaration which is required by section 73A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and | | (b) | the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate, |
| the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just. |
| (2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act. |
| (3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order. |
(4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that —| (a) | any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and | | (b) | the candidate took all reasonable steps for preventing the act or omission, |
| the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent. |
|
| (5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse. [Act 28 of 2021 wef 07/07/2022] |
|
| Authorised excuse for non-compliance with provisions as to return and statements respecting election expenses |
88.—(1) Where the return and statements respecting election expenses of a candidate at an election have not been transmitted as required by this Act, or being transmitted contain some error or false statement, then —| (a) | if the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to transmit the return and statements, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his or her illness, or of the absence, death, illness or misconduct of his or her election agent, or of any clerk or officer of the agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant; or | | (b) | if the election agent of the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to transmit the return and statements which he or she was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his or her illness, or of the death, illness or misconduct of any prior election agent of the candidate, or of the absence, death, illness or misconduct of any clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, |
| the Judge may, after such notice of the application, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to transmit such return and statements or for an error or false statement in such return and statements as to the Judge seems just. |
[41/2018; 40/2019] (2) Where it appears to the Judge that any person being or having been an election agent has refused or failed to make such return or supply such particulars as will enable the candidate and his or her election agent to comply with the provisions of this Act as to the return and statements respecting election expenses, the Judge must —| (a) | before making an order allowing the excuse as in this section mentioned order the person to attend before the Judge; and | | (b) | unless the person attends and shows cause to the contrary, order him or her to make the return and statements, or to deliver a statement of the particulars required to be contained in the return, as to the Judge appears just, and to make or deliver them within such time and to such person and in such manner as the Judge may direct, or may order him or her to be examined with respect to those particulars, and, in default of compliance with that order, the person shall be guilty of an illegal practice. [41/2018] |
|
| (3) The order may make the allowance conditional upon the making of the return and statements in a modified form or within an extended time, and upon the compliance with such other terms as to the Judge seems best calculated for carrying into effect the objects of this Act. |
| (4) An order allowing an authorised excuse relieves the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order. |
| (5) Where it is proved by the candidate to the Judge that any act or omission of the election agent in relation to the return and statements respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing the act or omission, the Judge is to relieve the candidate from the consequences of the act or omission on the part of his or her election agent. [41/2018] |
| (6) The date of the order or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is called in this Act the date of the allowance of the excuse. |
|
|
GROUNDS FOR
AVOIDING ELECTIONS |
| Avoidance by conviction of candidate |
| 89. The election of a candidate as a Member is avoided by his or her conviction for any corrupt or illegal practice. |
| Application for avoidance of election on certain grounds |
90. The election of a candidate as a Member must be declared to be void on an application made to an Election Judge on any of the following grounds which may be proved to the satisfaction of the Election Judge:| (a) | that by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate or group of candidates whom they preferred; | | (b) | non-compliance with the provisions of this Act relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in those provisions and that the non-compliance affected the result of the election; | | (c) | that a corrupt practice or an illegal practice was committed in connection with the election by the candidate or with his or her knowledge or consent or by any agent of the candidate; | | (d) | that the candidate personally engaged a person as his or her election agent, or as a canvasser or an agent, knowing that the person had, within 7 years prior to the engagement, been convicted or found guilty of a corrupt practice by a District Court or by the report of an Election Judge; | | (e) | that the candidate was at the time of his or her election a person disqualified for election as a Member. |
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| Proceedings in respect of qualification |
| 91.—(1) Proceedings may be instituted in the General Division of the High Court against any person acting or claiming to be entitled to act as an elected Member on the ground of his or her being disqualified within the meaning of this section for so acting. [40/2019] | (2) Proceedings under subsection (1) on the ground of a person acting as aforesaid must not be instituted after the end of 6 months from the date of the last occasion on which he or she so acted. |
(3) Where in proceedings instituted under this section it is proved that the defendant has acted as an elected Member while disqualified from so acting, then the General Division of the High Court has power —| (a) | to make a declaration to that effect and to declare that the office in which the defendant has acted is vacant; | | (b) | to grant an injunction restraining the defendant from so acting; and | | (c) | to make any order which may seem fit as to the costs of the proceedings. [40/2019] |
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| (4) Where in proceedings instituted under this section it is proved that the defendant claims to act as an elected Member and is disqualified from so acting, the General Division of the High Court has power to make a declaration to that effect and to declare that the office in which the defendant claims to be entitled to act is vacant, and to grant an injunction restraining him or her from so acting. [40/2019] |
| (5) Proceedings must not be instituted under this section by any person other than a person who pursuant to this Act is an elector for the electoral division for which the person against whom proceedings are to be instituted was elected. |
(6) For the purposes of this section, a person is deemed to be disqualified for acting as an elected Member —| (a) | if he or she is not qualified to be, or is disqualified from being, an elected Member or a holder of that office; or | | (b) | if by reason of resignation or failure to attend meetings of Parliament or for any other reason his or her seat has become vacant and he or she has ceased to be an elected Member or to hold that office. |
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