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Formal Consolidation | 2007 RevEd
Offences
37.—(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 possession;
(f)
puts into any ballot box anything other than the ballot paper which he 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 33B(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 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 to imprisonment for a term not exceeding 2 years and shall become incapable for a period of 7 years from the date of his 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 of Parliament.
[11/2010 wef 01/07/2010]
[18/94; 19/2001]
(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 shall be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
(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.
[19/2001]
(5) A prosecution for an offence under this section shall not be instituted without the sanction of the Public Prosecutor.
[15/2010 wef 02/01/2011]
Informal Consolidation | Amended Act 15 of 2010
Offences
37.—(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 possession;
(f)
puts into any ballot box anything other than the ballot paper which he 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 33B(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 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 become incapable for a period of 7 years from the date of his 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 of Parliament.
[11/2010 wef 01/07/2010]
[18/94; 19/2001]
(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 shall be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
(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.
[19/2001]
(5) A prosecution for an offence under this section shall not be instituted without the consent of the Public Prosecutor.