PART 2 | Division 1 — Issuance of writ, etc. |
[6/2017] | Timing of poll and writ of election |
6.—(1) Any poll for the election of the President must be conducted as follows:| (a) | where the office of the President becomes vacant prior to the expiration of the term of office of the incumbent, within 6 months after the date the office of President becomes vacant; | | (b) | in any other case, not more than 3 months before the date of expiration of the term of office of the incumbent. |
| (2) For the purposes of every election to the office of President, the Prime Minister must issue a writ under the public seal, addressed to the Returning Officer. |
| (3) Every such writ must be in the prescribed form and must specify the date or dates (called in this Act nomination day) not being less than 10 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). [6/2017] |
| (4) 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 |
| 7. On the Prime Minister 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 the prescribed form to be published in the Gazette at least 4 clear days before nomination day. |
7A.—(1) Whenever an election wholly fails, a fresh writ may be issued by the Prime Minister at any time for the holding of another election, except that where the election has failed because of the death of a candidate after the election has been reported as contested but before polling day, then section 16(7) and (8) applies.| (2) The original writ for an election that has wholly failed and everything done in connection with the election because of that writ have no effect. |
| (3) Where a fresh writ is issued under subsection (1), sections 6 and 7 apply to that writ. |
| (4) For the purposes of this Act, an election shall have wholly failed if no candidate is nominated or returned as elected at that election. |
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Division 2 — Presidential Elections Committee
and Certificate of Eligibility |
| Application for certificate of eligibility |
| 8.—(1) A person desiring to be elected as President must apply in the prescribed manner to the Presidential Elections Committee for a certificate of eligibility. [6/2017] (2) An application for a certificate of eligibility must be made within the period —| (a) | starting on —| (i) | if the office of President falls vacant before the incumbent’s term expires, the date on which the office of President fell vacant; or | | (ii) | in any other case, the date that is 3 months before the expiry of the incumbent’s term; and |
| | (b) | ending on the date which is 5 days after the date of the writ. [6/2017] |
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(3) If an application for a certificate of eligibility is made by a person who is below 45 years of age as at nomination day or, if there is more than one nomination day, the latest of those days —| (a) | the Presidential Elections Committee is not required to consider the application; and | | (b) | the application is deemed to be withdrawn. [Act 9 of 2023 wef 01/06/2023] |
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| Consideration of application |
8A.—(1) Subject to subsection (2), the Presidential Elections Committee must issue a certificate of eligibility in the prescribed form to an applicant if the Committee is satisfied that —| (a) | the applicant is a person of integrity, good character and reputation for the purposes of Article 19(2)(e) of the Constitution; and | | (b) | the applicant has met the service requirements in Article 19(2)(g) of the Constitution. [6/2017] |
(2) The Presidential Elections Committee —| (a) | may, subject to paragraph (b), reject an application if it is not made according to this Act; and | | (b) | must reject an application if the applicant did not submit a community declaration in accordance with Division 3. [6/2017] |
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| (3) To avoid doubt, subsection (2)(b) includes a case in a reserved election where the applicant does not state in his or her community declaration that he or she considers himself or herself to be a member of the community to which the election is reserved. [Act 9 of 2023 wef 01/06/2023] |
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| Time for deciding application |
| 8B. The Presidential Elections Committee must issue a certificate of eligibility to an applicant, or inform an applicant in writing of its decision not to issue a certificate of eligibility, no later than the day before nomination day. [6/2017] |
| Certificate to be conclusive |
| 8C. A certificate of eligibility is conclusive of the matters it certifies and is not subject to appeal or review in any court. [6/2017] |
| Immunity of Presidential Elections Committee |
8D.—(1) The Presidential Elections Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of —| (a) | any statement which the Committee makes in the discharge of any of its functions under this Act, whether the statement is made orally or in writing; or | | (b) | the publication of any document prepared by the Committee in the course of performing its functions under this Act. [6/2017] |
| (2) Subsection (1) does not limit or affect any other right, privilege or immunity that the Presidential Elections Committee has, apart from this section, as a defendant in any action. [6/2017] |
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Division 3 — Community Committee
and Community Certificate |
| Establishment of Community Committee and Sub-Committees |
8E.—(1) For the purposes of Article 19B of the Constitution, the Community Committee is established and consists of the following 16 persons:| (a) | the chairperson; | | (b) | 5 members belonging to the Chinese community; | | (c) | 5 members belonging to the Malay community; | | (d) | 5 members belonging to the Indian or other minority communities. [6/2017] |
| (2) The chairperson is to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights. [6/2017] |
(3) The 5 members who belong to the Chinese community —| (a) | are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Chinese community as the Council sees fit; and | | (b) | constitute the Chinese Community Sub‑Committee. [6/2017] |
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(4) The 5 members who belong to the Malay community —| (a) | are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Malay community as the Council sees fit; and | | (b) | constitute the Malay Community Sub‑Committee. [6/2017] |
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(5) The 5 members who belong to the Indian or other minority communities —| (a) | are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Indian or other minority communities as the Council sees fit; and | | (b) | constitute the Indian and Other Minority Communities Sub‑Committee. [6/2017] |
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| (6) One member of each Sub‑Committee is to be appointed as the chairperson of the Sub‑Committee and the appointment must be made by the Prime Minister on the nomination of the Presidential Council for Minority Rights. [6/2017] |
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| Submission of community declaration |
| 8F.—(1) A person desiring to be elected as President must submit a community declaration in the prescribed form to the Community Committee. [6/2017] (2) A person making a community declaration must make one (and only one) of the following statements:| (a) | that the person considers himself or herself to be a member of the Chinese community, and wishes to apply for a community certificate stating that the person belongs to the Chinese community; | | (b) | that the person considers himself or herself to be a member of the Malay community, and wishes to apply for a community certificate stating that the person belongs to the Malay community; | | (c) | that the person considers himself or herself to be a member of the Indian or other minority communities, and wishes to apply for a community certificate stating that the person belongs to the Indian or other minority communities; | | (d) | that the person does not consider himself or herself to be a member of the Chinese community, the Malay community, or the Indian or other minority communities. [6/2017] |
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(3) A community declaration must be submitted within the period —| (a) | starting on —| (i) | if the office of President falls vacant before the incumbent’s term expires, the date on which the office of President fell vacant; or | | (ii) | in any other case, the date that is 3 months before the expiry of the incumbent’s term; and |
| | (b) | ending on the date which is 5 days after the date of the writ. [6/2017] |
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| Consideration of community declaration in reserved elections |
| 8G.—(1) This section applies to a reserved election. [6/2017] (2) The Community Committee must accept a community declaration submitted to the Committee, subject to the following provisions:| (a) | subject to paragraph (b), the Community Committee may reject a community declaration if it is not made according to this Act; | | (b) | the Community Committee must reject a community declaration if —| (i) | the declarant did not apply for a certificate of eligibility; or | | (ii) | the declarant does not state that he or she considers himself or herself to be a member of the community to which the election is reserved. [6/2017] [Act 9 of 2023 wef 01/06/2023] |
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| (3) If the Community Committee accepts a community declaration, the Committee must then refer the community declaration to the Sub‑Committee for the community to which the election is reserved. [6/2017] |
(4) In a case referred to a Sub‑Committee for a community under subsection (3) —| (a) | the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee; | | (b) | the Sub-Committee must be guided by the merits of the 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; | | (c) | if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and | | (d) | if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must reject the declarant’s application for a community certificate and inform the declarant in writing. [6/2017] |
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| Consideration of community declaration in non‑reserved elections |
| 8H.—(1) This section applies to an election other than a reserved election. [6/2017] (2) The Community Committee must accept a community declaration submitted to the Committee, subject to the following provisions:| (a) | subject to paragraphs (b) and (c), the Community Committee may reject a community declaration if it is not made according to this Act; | | (b) | subject to paragraph (c), if the declarant states that he or she does not consider himself or herself to be a member of the Chinese community, the Malay community or the Indian or other minority communities, the Community Committee may, instead of accepting the community declaration, invite the declarant to submit another community declaration; | | (c) | the Community Committee must reject a community declaration if the declarant did not apply for a certificate of eligibility. [6/2017] [Act 9 of 2023 wef 01/06/2023] |
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| (3) If the Community Committee accepts a community declaration by a declarant who wishes to apply for a community certificate in relation to a community, the Community Committee must refer the community declaration to the Sub‑Committee for that community. [6/2017] |
(4) In a case referred to a Sub-Committee for a community under subsection (3) —| (a) | the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee; | | (b) | the Sub-Committee must be guided by the merits of the 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; | | (c) | if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and | | (d) | if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must —| (i) | reject the declarant’s application in writing; or | | (ii) | invite the declarant to submit another community declaration. [6/2017] |
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| (5) In considering whether to invite a person to submit another community declaration under subsection (2)(b) or (4)(d)(ii), the Community Committee must be guided by the merits of the 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. [6/2017] |
(6) If the Community Committee invites a person to submit another community declaration under subsection (2)(b) or (4)(d)(ii), the Community Committee —| (a) | must specify the time within which the person must submit the fresh community declaration, which must be no later than 3 days before nomination day; | | (b) | may require the person to provide such information as may be specified; and | | (c) | may specify such other terms that the person must comply with. [6/2017] |
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(7) If a person submits another community declaration on an invitation under subsection (2)(b) or (4)(d)(ii) —| (a) | the person is deemed to have withdrawn his or her earlier community declaration; | | (b) | the Community Committee may decline to accept the later community declaration if it does not comply with the terms of the invitation; and | | (c) | the later community declaration must be dealt with according to subsections (2), (3) and (4) (so far as they are applicable), except that the Community Committee may not invite the person again to submit another community declaration. [6/2017] |
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(8) If a person declines to submit another community declaration despite an invitation under subsection (2)(b) or (4)(d)(ii) —| (a) | if the invitation is made under subsection (2)(b), the Community Committee must accept the community declaration earlier submitted by the person; and | | (b) | if the invitation is made under subsection (4)(d)(ii), the Community Committee must reject the person’s application for a community certificate. [6/2017] |
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| (9) To avoid doubt, a person may not submit another community declaration except on the invitation of the Community Committee under subsection (2)(b) or (4)(d)(ii). [6/2017] |
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| Time for issuing community certificate, etc. |
8I. The Community Committee must, no later than the day before nomination day, do one of the following things in respect of a community declaration:| (a) | inform the declarant that the community declaration is not accepted; | | (b) | if the community declaration is accepted and includes an application for a community certificate —| (i) | issue a community certificate to the declarant; or | | (ii) | inform the declarant in writing that it has rejected the application; |
| | (c) | if the community declaration is accepted and does not include an application for a community certificate, notify the declarant in writing of the acceptance. [6/2017] |
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| Decision to be final; certificate to be conclusive |
| 8J.—(1) The decisions (however named) of the Community Committee and its Sub‑Committees in relation to a community declaration are final and are not subject to appeal or review in any court. [6/2017] | (2) A community certificate is conclusive of the matters it certifies and is not subject to appeal or review in any court. [6/2017] |
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| Immunity of Community Committee and Sub-Committees |
8K.—(1) The Community Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of —| (a) | any statement which the Committee makes in the discharge of any of its functions under this Act, whether the statement is made orally or in writing; or | | (b) | the publication of any document prepared by the Committee in the course of performing its functions under this Act. [6/2017] |
| (2) Subsection (1) does not limit or affect any other right, privilege or immunity that the Community Committee has, apart from this section, as a defendant in any action. [6/2017] |
| (3) Subsections (1) and (2) apply to a Sub-Committee. [6/2017] |
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| Procedure of Community Committee and Sub-Committees |
| 8L.—(1) A decision of the Community Committee must be made by 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. [6/2017] | (2) The Community Committee may act despite the absence of any member. [6/2017] |
| (3) Subject to this section, the Community Committee may regulate its own procedure. [6/2017] |
| (4) The validity of any proceedings of the Community Committee is not affected by any defect in the appointment of any member of the Committee. [6/2017] |
| (5) Regulations may be made under section 81 to provide for regulating and facilitating the performance by the Community Committee of its functions under this Act. [6/2017] |
| (6) Subsections (1) to (5) apply, with the necessary modifications, to a Sub‑Committee. [6/2017] |
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| Division 4 — Nomination Proceedings |
[6/2017] 9.—(1) Any person eligible for election to the office of President in accordance with the provisions of the Constitution may be nominated as a candidate for election to the office of President.| (2) Each candidate is to be nominated by means of a nomination paper signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons all of whose names must appear in any register of electors. |
(3) Every nomination paper must —| (a) | set out the full name (as stated in the identity card of the person), identity card number and occupation of the person seeking nomination; [Act 9 of 2023 wef 01/06/2023] | | (b) | contain a statement, signed by that person, to the effect that he or she consents to the nomination; and | | (c) | contain a statutory declaration in the prescribed form by the person seeking nomination stating —| (i) | that he or she is qualified to be elected to the office of President; | | (ii) | that on nomination day he or she is not a member of any political party; and | | (iii) | that he or she understands the President’s role under the Constitution, including any particular aspect of the President’s role stated in the prescribed form. [6/2017] |
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(4) Each candidate must at the time of his or her nomination deliver to the Returning Officer —| (a) | a political donation certificate issued to him or her in respect of that election; [Act 28 of 2021 wef 29/12/2023] | | (b) | a certificate of eligibility issued to the candidate; | | (c) | if the election is a reserved election, a community certificate stating that the candidate belongs to the community to which the election is reserved; and | | (d) | if the election is not a reserved election —| (i) | if the candidate submitted a community declaration that included an application for a community certificate —| (A) | a community certificate issued to the candidate; or | | (B) | the written decision of the Community Committee rejecting the application; or |
| | (ii) | if the candidate submitted a community declaration that did not include an application for a community certificate —| (A) | the Community Committee’s written notification that the community declaration is accepted; and | | (B) | a statutory declaration that the candidate does not consider himself or herself to be a member of the Chinese community, the Malay community or the Indian or other minority communities. [6/2017] |
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| (5) If any statutory declaration which is required by subsection (3)(c) to be made is not so made, or any certificate or document which is required to be delivered under subsection (4) is not so delivered, the nomination of the candidate is deemed to be void. [6/2017] |
| (6) The Returning Officer may, at any time between the date of the notice referred to in section 7 and 12 noon of nomination day, supply a form of nomination paper to any registered elector requiring the form. |
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10.—(1) A candidate, or some person on the candidate’s behalf, must deposit or cause to be deposited with the Returning Officer, or with some person authorised by the Returning Officer in that behalf, between the date of the issue of the writ under section 6 and 12 noon of nomination day, a sum equal to 3 times the amount of deposit referred to in section 28(1) of the Parliamentary Elections Act 1954.| (1A) In default of a deposit under this section being so made, the candidate is deemed to have withdrawn his or her candidature under section 13. |
| (2) The Returning Officer must immediately give a receipt for any sum deposited under this section and must pay that sum into the Treasury and that sum must be dealt with in accordance with the provisions of this Act. |
| (3) The deposit of the sum required under subsection (1) must be made through an electronic fund transfer system designated by the Returning Officer for that purpose, or by a bank draft or a certified cheque, or in any other form or manner as the Returning Officer allows. [Act 9 of 2023 wef 01/06/2023] |
| (4) If a candidate is not nominated as a candidate for election, an election has wholly failed or if, after the deposit under this section is made, the candidate withdraws his or her candidature under section 13, the deposit must be returned to the person by whom the deposit was made. |
| (4A) If the candidate dies after the deposit is made and before the poll has 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. |
| (5) If a candidate who has made the required deposit is not elected and the number of votes polled by the candidate does not exceed one‑eighth of the total number of votes polled, the amount deposited is forfeited and must be paid into the Consolidated Fund. |
(5A) In any other case, the amount so deposited must be returned to the candidate —| (a) | where the candidate is elected, as soon as the candidate has taken the oath or made affirmation as President; and | | (b) | where the candidate is not elected, as soon as practicable after the result of the election is declared. |
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(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 7 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 |
| 11.—(1) The Returning Officer must, on nomination day, attend at the place of nomination from 11 a.m. until 12 noon to receive nominations papers and political donation certificates and certificates issued under section 8 (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 nomination day, and if not so delivered, must be rejected. |
| (3) The Returning Officer must immediately cause a copy of the nomination papers to be posted in a conspicuous position outside the place of nomination. |
| (4) [Deleted by Act 9 of 2023 wef 01/06/2023] |
| (5) Before 12.30 p.m. on nomination day at an election, any candidate may, by writing under his or her hand, indicate to the Returning Officer which of his or her names mentioned in the nomination paper the candidate desires should be omitted and which should be specified by initial only. |
| (6) For the purposes of the election the names which the candidate desires to omit may be omitted and an initial may be used in place of those names which the candidate desires should be specified by initial. |
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| Amendment of nomination papers |
11A.—(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 nomination day, |
| the Returning Officer may, before making his or her decision under section 11 or 12, 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 nomination day. |
| (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 12), the candidate or person seeking nomination (as the case may be) may, at any time before 12 noon on nomination day 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; or | | (b) | as proposer, seconder or assentor. |
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| (4) In this section, “error” has the meaning given by section 82. |
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| Objections to nomination papers |
12.—(1) Objection may be made to a nomination paper only on all or any of the following grounds:| (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 qualified to be elected to the office of President; | | (d) | that the provisions of section 10 have not been observed. |
| (2) An objection to a nomination paper must not be allowed 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 nomination day. [Act 9 of 2023 wef 01/06/2023] |
| (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 71. |
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| Withdrawal of candidature |
13.—(1) A candidate may before 12 noon on nomination day, 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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| Persons entitled to be present during nomination proceedings |
14.—(1) Subject to subsection (2), the following persons, and no others, are entitled to be present at the proceedings specified in sections 11, 11A, 12 and 13:| (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 other person authorised by the Returning Officer to assist him or her at such proceedings; and | | (e) | any other person with the written permission of the Returning Officer to be present at those proceedings. [Act 9 of 2023 wef 01/06/2023] |
(2) A person seeking to be a candidate for election to the office of President may be refused entry to the place of nomination unless —| (a) | the person is issued a political donation certificate; and | | (b) | the person is accompanied by 6 other persons as his or her proposer, seconder and assentors. [Act 9 of 2023 wef 01/06/2023] |
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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 the place of nomination for that election. [Act 9 of 2023 wef 01/06/2023] |
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| Division 5 — Uncontested Elections |
[6/2017] 15.—(1) If, on nomination day after the decision by the Returning Officer of any objection which may have been lodged, only one candidate stands nominated, the Returning Officer must immediately —| (a) | declare the nominated candidate to be elected to the office of President; and | | (b) | cause the name of the person so elected to be published in the Gazette. |
| (2) Nothing in sections 11 and 12 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 nomination day for an election, only one candidate stands nominated. |
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| Division 6 — Contested Elections |
[6/2017] 16.—(1) If, on nomination day after the decision by the Returning Officer of any objections which may have been lodged, more than one candidate stands nominated for election to the office of President, 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 the name of that candidate. |
| (1A) Subject to subsection (3A), the Returning Officer may, in his or her discretion, allot to any candidate some other symbol selected by the candidate. |
| (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 subsections (1) and (1A), the determination of the approved symbol to be allotted to each candidate must be made by lot by the Returning Officer. |
| (3A) A candidate must not be allotted any symbol which is of any racial or religious significance or which denotes or implies an affiliation with any political party. |
| (4) 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. |
(5) Subject to section 6(1), the Returning Officer must cause to be published in the Gazette a notice in the prescribed form specifying —| (a) | 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); | | (aa) | whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system and the electoral division which will use the system at the poll; | | (ab) | the day and hours of the poll at every overseas polling station and special polling station; [Act 9 of 2023 wef 01/06/2023] | | (b) | 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 | | (c) | the locations of the polling stations. |
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| (6) In computing time for the purpose of subsection (5)(a), the last day of the period must not 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 any other written law. |
(7) 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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| (8) In the case referred to in subsection (7), all proceedings with reference to the election must be commenced afresh, except that no fresh nomination is necessary in the case of the candidates who stood nominated at the time of the countermand of the poll. |
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| Polling day to be public holiday |
| 17. Polling day at any 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. |
| Polling districts and polling stations |
18.—(1) The Returning Officer must, for the purposes of the poll in any electoral division —| (a) | establish for the electoral division as many ordinary polling stations as are necessary for the poll —| (i) | within each polling district of the electoral division; and | | (ii) | in a polling district of another electoral division which has a common boundary with the firstmentioned electoral division, but only if the Returning Officer is satisfied that doing so is conducive to the voting convenience of a large number of electors of the electoral division who reside near that common boundary; [Act 9 of 2023 wef 01/06/2023] |
| | (b) | provide as many polling places within each ordinary polling station as the Returning Officer considers necessary; and [Act 9 of 2023 wef 01/06/2023] | | (c) | allot the electors registered for the electoral division (including overseas electors) to the ordinary polling stations in such manner as the Returning Officer thinks convenient. [Act 9 of 2023 wef 01/06/2023] |
| (1A) A single ordinary polling station in a polling district of an electoral division may be established for the conduct of a poll in another electoral division only if the polling district has a common boundary with a polling district of the other electoral division. [Act 9 of 2023 wef 01/06/2023] |
| (2) The Returning Officer may use, free of charge, as a polling station any school in Singapore or part thereof for the purposes of any election. |
| (3) The Returning Officer must make good any damage done to, and defray any expenses incurred by the persons having control over, any school in Singapore or part thereof by reason of its being used as a polling station. |
| (4) 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. |
(5) Where an ordinary polling station or a special polling station is located in any grounds, the Returning Officer —| (a) | may designate —| (i) | an entrance to those grounds as a designated entrance to the polling station; and | | (ii) | the routes that electors have to use to access the polling places within the polling station and the polling booths or other facilities for voting in accordance with this Act, including paths, hallways and doorways; and |
| | (b) | if a designation under paragraph (a)(i) is made, must indicate or cause to be indicated by a presiding officer the designated entrance to those grounds by displaying an official sign at that entrance. [Act 9 of 2023 wef 01/06/2023] |
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19.—(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.| (2) 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. |
| (3) 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. |
| (4) If any presiding officer is, by sickness or other cause, prevented from acting at any election and there is no time for another person to be appointed by the Returning Officer, the presiding officer may appoint a deputy to act for him or her. |
| (5) A presiding officer must as soon as possible report to the Returning Officer every appointment made under subsection (4) and every such appointment may be revoked by the Returning Officer, but without affecting the validity of anything already done by the deputy. |
| (6) 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. |
|
| Facilities to be provided at polling stations |
| 20.—(1) Before the poll opens at a polling station, the presiding officer or the senior presiding officer at that station must cause a notice about the poll to be displayed on or at a conspicuous place outside that station. [6/2017] (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. [6/2017] |
|
| (3) 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. |
| (4) The Returning Officer must determine, or may authorise the presiding officer or senior presiding officer to determine, in what manner the facilities mentioned in subsection (3) are to be distributed among the electors entitled to vote at that station. |
| (5) An election must not be questioned by reason of non‑compliance with subsection (3) or (4) or any informality relative to polling stations. |
|
| Register of electors to be conclusive evidence of right to vote |
21.—(1) A person who, by reason of circumstances existing on the day of an election, is by virtue of the provisions of this Act or the Parliamentary Elections Act 1954, not entitled to have his or her name entered or retained in any register of electors is not entitled to vote at the election.| (2) If the person mentioned in subsection (1) 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 of Parliament. |
| (3) The register of electors in operation in accordance with the Parliamentary Elections Act 1954 at the time of any election is conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election. |
| (4) The right to vote of any person whose name is for the time being contained in the register is not prejudiced by any appeal pending before a Revising Officer in respect of the inclusion of that person’s name in the register. |
| (5) Any vote given by the person mentioned in subsection (4) 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. |
| (6) In this section, “Revising Officer” means a Revising Officer appointed under section 12 of the Parliamentary Elections Act 1954. |
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| Admittance to polling station |
22.—(1) Subject to subsection (2) but without affecting section 52 (on plural voting), a person must not be admitted —| (a) | to an ordinary polling station to vote in person at an election unless the person is allotted under section 18(1)(c) to that ordinary polling station; | | (b) | to an overseas polling station to vote in person at an election unless the person —| (i) | is registered as an overseas elector; | | (ii) | is not designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for that election; and | | (iii) | is allotted under section 13A(3A) of the Parliamentary Elections Act 1954 to that overseas polling station; or |
| | (c) | to a special polling station to vote in person at an election unless the person is allotted under section 30B(1) to that special polling station. [Act 9 of 2023 wef 01/06/2023] |
| (2) Where an elector for any electoral division is employed as a presiding officer, police officer, or in any other official capacity at an ordinary polling station or a special polling station, and it is inconvenient for him or her to vote at the ordinary polling station which has been allotted to him or her, the Returning Officer may, by a certificate authorise the elector to vote at any other polling station and that other polling station is deemed, for the purposes of this section, to be the polling station allotted to that elector. [Act 9 of 2023 wef 01/06/2023] |
| (3) The certificate mentioned in subsection (2) must be given under the hand of the Returning Officer and must state the name of the elector, the elector’s number, and description in the register of electors, and the fact that the elector is so employed as a presiding officer, police officer or in any other official capacity at a polling station. |
| (3A) [Deleted by Act 9 of 2023 wef 01/06/2023] |
| (4) Unless the Returning Officer, by notification in the Gazette under this section or section 33C(3)(b), appoints any other hour, the poll must open at 8 a.m. on the day appointed under section 16(5) and must close at 8 p.m. on that day. [6/2017] [Act 9 of 2023 wef 01/06/2023] |
(5) 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. [Act 9 of 2023 wef 01/06/2023] |
|
| (6) The number of polling agents of each candidate that may be admitted to a polling station must not exceed the number calculated in the prescribed manner. [Act 9 of 2023 wef 01/06/2023] |
| (7) A polling agent whose name has not been notified to the presiding officer as required by section 45(1B) must not be admitted to a polling station. |
| (8) 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. |
| (9) The person removed under subsection (8) must not, unless with the permission of the presiding officer, again be allowed to enter the polling station. |
| (10) Any person removed under subsection (8) may, if charged with the commission in a polling station of any offence, be kept in custody until he or she can be brought before a magistrate. |
| (11) 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. |
|
| 22A. [Repealed by Act 9 of 2023 wef 01/06/2023] |
| Poll by ballot and ballot papers |
23.—(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 —| (a) | contain a list of the candidates in English, described, subject to section 11(5) and (6), as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames, and, if there are 2 or more such candidates with the same surname, of their other names, and the symbol allotted to each candidate; | | (aa) | clearly demarcate the area within which a voter must mark his or her vote for a candidate; | | (b) | be in the prescribed form; | | (c) | be capable of being folded; | | (d) | have a number printed on the back; and | | (e) | have attached a counterfoil with the same number printed on the face. [6/2017] |
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| (3) 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 paper |
23A.—(1) The Returning Officer must include on every ballot paper in an election a candidate’s photograph 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. [6/2017] |
| (2) If subsection (1)(a) or (b) is not complied with, the Returning Officer must indicate in the area designated on the ballot paper for the candidate’s photograph that there is no photograph for the candidate. [6/2017] |
| (3) The Returning Officer must cause to be published, as soon as practicable after the issue of the writ for the election and in such manner as will secure adequate publicity to the candidates, the Returning Officer’s specifications and requirements under subsection (1)(a) and (b). [6/2017] |
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24.—(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. |
|
| (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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25.—(1) Each voter entitled to vote must be given one ballot paper and has one vote.| (2) The ballot paper must be delivered to the voter by the presiding officer or a person acting under the presiding officer’s authority. |
(3) Immediately before any ballot paper is delivered to a voter —| (a) | the ballot 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; [Act 9 of 2023 wef 01/06/2023] | | (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 he or she has received a ballot paper but without showing the particular ballot paper which he or she has received. |
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| (4) Subject to subsection (4AA), 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. [6/2017] |
| (4AA) 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. [6/2017] |
| (4A) 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. |
| (5) Every 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. |
| (6) 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 candidate. |
| (7) The presiding officer, on the application of a voter who, by reason of blindness or other physical disability, is unable to vote 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. [Act 9 of 2023 wef 01/06/2023] |
| (8) 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. |
| (9) 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 prescribed form, giving directions for the guidance of voters in voting. |
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26.—(1) Every elector must record his or her vote at each election in the electoral division for which he or she is registered.(1A) An elector who is allotted to a special polling station under section 30B(1) for the purposes of the poll and who —| (a) | attends in person at a polling place in the special polling station to record his or her vote; or | | (b) | has his or her vote taken by a mobile polling team, deployed at the special polling station, |
| must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered. |
[Act 9 of 2023 wef 01/06/2023] |
(1B) An overseas elector —| (a) | who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the purposes of the poll in an election; and | | (b) | who applies for postal voting papers to be issued to him or her during the postal voting period for that election, |
| must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered. |
[Act 9 of 2023 wef 01/06/2023] |
| (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 who have failed to vote at the election and certify the list under the hand of the Returning Officer. |
| (3) Despite section 32(10) and (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 connected inquiries. |
| (4) The list prepared by the Returning Officer under subsection (2) must be forwarded by the Returning Officer to the Registration Officer. |
| (5) 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 of electors. |
| (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 thereof 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, but where the applicant does not so satisfy the Registration Officer, the applicant’s name must be restored to the register on payment to the Registration Officer of a sum of $50. |
| (9) Any name to be restored to the register under subsection (8) 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 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) 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 6 for an election, no name may be restored to the register until after nomination day or, if a poll is to be taken, until after polling day. |
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| 27.—(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 all or any of the declarations set out in the prescribed form. [6/2017] | (2) [Deleted by Act 6 of 2017] |
| (3) If any person fails to furnish such evidence of his or her identity or refuses to make any declaration required under subsection (1), the presiding officer may refuse to give him or her a ballot paper. [6/2017] |
| (4) If any person wilfully makes a false statement in any 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. [6/2017] |
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28.—(1) A voter who has inadvertently dealt with his or her ballot paper in such 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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29.—(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 the prescribed form, 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 on a tendered votes list. |
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| 30. No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll, except that if at that hour 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. |
| Special polling arrangements to meet voting needs of certain voters |
30A.—(1) The Returning Officer may, for the purposes of the poll in an election —| (a) | establish all or part of a nursing home as a special polling station; or | | (b) | authorise all or any of the following special polling arrangements to be provided to service the voting needs of electors who are in-patients or residents of the nursing home during the election period of the election by enabling them to record their votes there in that poll:| (i) | by establishing one or more polling places within the nursing home for those in-patients or residents to attend in person to record their votes; | | (ii) | by deploying one or more mobile polling teams to visit those in-patients or residents to take the votes of those in-patients or residents, as the case may be. |
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(2) In determining whether to establish a special polling station under subsection (1) in a nursing home for the purposes of the poll in an election, the Returning Officer must have regard to whether there is or is likely to be, during the election period of the election, a significant number of electors who are in-patients or residents of the nursing home and who —| (a) | are unable or likely to be unable to travel to the ordinary polling stations allotted to them respectively under section 18(1) except with great difficulty; but | | (b) | are able to vote at the nursing home by marking a ballot paper personally or in the manner allowed under section 25(7). |
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(3) In addition, the Returning Officer must have regard to the following factors in determining whether to authorise special polling arrangements by way of mobile polling to be made available under subsection (1)(b)(ii):| (a) | the number of electors who are in-patients or residents of the nursing home with any physical condition, serious illness or infirmity that will preclude the electors’ attendance in person at a polling place in the special polling station; | | (b) | the practicality of establishing and deploying mobile polling teams to take the votes of those electors, having regard to their numbers and the resources required for doing so; | | (c) | the existence of any peculiar circumstances within the nursing home applying to those electors and their voting needs. |
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| (4) Subject to subsection (5) and regulations made under section 30C, a poll and voting at a special polling station by electors who are in-patients or residents of a nursing home where the special polling station is established must be conducted, as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day is conducted. |
| (5) Despite sections 62, 63 and 64, the person in charge of a nursing home where a special polling station is established under subsection (1) may lawfully inform a presiding officer who is a member of a mobile polling team deployed at that special polling station that a visit to an in-patient or a resident of the nursing home is forbidden on medical grounds, and the mobile polling team must then not visit the in-patient or resident to take the in-patient’s or resident’s vote. [Act 9 of 2023 wef 01/06/2023] |
|
| Voting at special polling station is in lieu of voting at ordinary voting station |
30B.—(1) Where a special polling station is determined to be established under section 30A(1) in a nursing home for the purposes of the poll in an election, the Returning Officer must, without delay, allot the special polling station to every person —| (a) | whose name is entered in the certified register of electors in operation; | | (b) | who is entitled to have his or her name so entered or retained in that register of electors; and | | (c) | who is an in-patient or a resident of the nursing home during the election period of that election. |
(2) An elector who is allotted to a special polling station under subsection (1) may —| (a) | attend in person at a polling place in the special polling station to record his or her vote at an election, or have his or her vote taken by a mobile polling team; or | | (b) | attend in person at the ordinary polling station allotted to him or her under section 18(1)(c) to record his or her vote at an election, |
| but not at both in respect of the same election. |
[Act 9 of 2023 wef 01/06/2023] |
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| Regulations relating to special polling arrangements |
30C.—(1) Subject to subsection (2) and section 81B, the Minister may make regulations to modify the application of any provision of this Act to the conduct of polls in any special polling station established in a nursing home, including but not limited to —| (a) | the preparation by or under the authority of the Returning Officer of the list of electors allotted to the special polling station; | | (b) | the manner of voting at the special polling station and the taking of votes by mobile polling teams; | | (c) | fixing the maximum number of polling agents who may be admitted to a special polling station; | | (d) | the admission of any person who is employed by the nursing home (whether or not a citizen of Singapore) into any polling place in the special polling station or authorising the presence of such an employee in the special polling station, for the purpose of providing any assistance to the presiding officers, mobile polling team or any elector at the special polling station; | | (e) | the procedure on the closing of the poll at the special polling station; and | | (f) | the procedure on the counting of the votes cast at the special polling station, including the recounting of such votes. |
(2) Regulations made under subsection (1) —| (a) | must not authorise any person to vote more than once at an election; | | (b) | must provide for a record of every vote cast at a special polling station, including votes taken by a mobile polling team, but the vote record must not contain any means of identifying the person who cast the vote; and | | (c) | must be consistent with the principles laid down in any provision of this Act that is modified by those regulations. [Act 9 of 2023 wef 01/06/2023] |
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| Procedure on closing of poll |
31.—(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 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 ballot box in safe custody pending counting of the votes thereat. [6/2017] |
|
| Counting at counting places |
31A.—(1) The Returning Officer may direct —| (a) | that the votes cast at any polling station or stations in Singapore be counted at such counting place (which may or may not be a polling station) as the Returning Officer may specify; and [Act 9 of 2023 wef 01/06/2023] | | (b) | where more than one counting place is specified under paragraph (a), that the total number of votes given to each candidate at the poll be ascertained at a principal counting place (which may or may not be a counting place) as the Returning Officer may specify. [Act 9 of 2023 wef 01/06/2023] |
| (1A) [Deleted by Act 9 of 2023 wef 01/06/2023] |
| (2) The Returning Officer must cause notice of every direction issued under subsection (1) to be published in the Gazette at least 2 clear days before polling day. [6/2017] [Act 9 of 2023 wef 01/06/2023] |
| (3) [Deleted by Act 9 of 2023 wef 01/06/2023] |
| (4) [Deleted by Act 9 of 2023 wef 01/06/2023] |
|
32.—(1) Each candidate or any of his or her election agents may appoint an agent (called in this Act the counting agent) to attend the counting of the votes and must give written notice of the name and address of the counting agent so appointed to the Returning Officer.| (2) Each candidate or any of his or her election agents may appoint not more than one counting agent to attend the counting of votes at each counting place specified under this Act. [6/2017] |
(2A) The Returning Officer must make arrangements for counting the 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 under this Act — after the Returning Officer has received all the ballot boxes used during the poll conducted in Singapore; or | | (b) | where more than one counting place is specified under this Act, after —| (i) | the procedure in section 31 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. [6/2017] |
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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 him or her 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. |
| (5) The votes may be counted manually or by mechanical or electronic means. [Act 9 of 2023 wef 01/06/2023] |
| (5A) The Returning Officer must, while counting the votes, take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers. [Act 9 of 2023 wef 01/06/2023] |
| (6) 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 may reject as invalid. |
| (7) The Returning Officer must not count the tendered ballot papers but must place them in separate packets according to the candidate whom they support and mark each packet with the name of the candidate, and must seal the packet and retain it unless it is required for the purposes of an application under section 71. |
(8) Where only one counting place is specified under this Act, the Returning Officer must, when the counting of votes cast at all polling stations in Singapore is completed at the sole counting place or, if a recount thereof is conducted under section 32B, after that recount is completed, immediately act as follows:| (a) | where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the candidate 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 is equal to or more than the difference between the number of votes given to the 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 at the election, and the date and premises at which the votes cast by the overseas electors will be counted. [6/2017] |
|
(8A) Where more than one counting place is specified under this Act, the 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 32B, after that recount is completed, at each counting place —| (a) | announce to the candidates or their counting agents as attend the number of votes given to each candidate; | | (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 and other results of the counting of votes at the counting place, and certify that record; | | (c) | transmit to the principal counting place, 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. [6/2017] |
|
(8B) Except with the sanction of the Returning Officer, no person other than —| (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 at the counting places and ascertaining the total number of votes given to each candidate at the poll; and | | (b) | the candidates and their principal election agents, |
| may be present at the principal counting place during the addition of the votes. |
|
| (8C) At the principal counting place, the Returning Officer must, upon receipt of the results of the counting of votes at all counting places, ascertain the total number of votes given to each candidate at the poll by adding up the number of votes recorded for each candidate in the said results. |
(8D) When the total number of votes cast at polling stations in Singapore for each candidate at an election is ascertained under subsection (8C), or if a recount thereof is conducted under section 32B, 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 is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the candidate 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 is equal to or more than the difference between the number of votes given to the 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 at the election, and the date and premises at which the votes cast by the overseas electors will be counted. [6/2017] |
|
| (9) When, after the counting of votes (including any recount conducted under section 32B) is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate 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. [6/2017] |
(10) After the Returning Officer has made any declaration under subsection (8) or (8D), 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 (11), 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. |
|
| (11) An Election Judge 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. |
| (11A) No Election Judge is to make such an order 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 71 in connection with the election. |
| (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 (10). |
|
| 32A. [Repealed by Act 9 of 2023 wef 01/06/2023] |
| 32B.—(1) The Returning Officer must conduct a recount of the votes cast in Singapore at an election if the difference between the number of votes given to the candidate with the most votes and the number of votes given to any other candidate 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. [6/2017] (2) The recount of the votes under subsection (1) may be conducted only once, and must take place as soon as practicable —| (a) | in the case of a sole counting place specified under this Act for the election, after the counting of the votes at the sole counting place is completed; or | | (b) | in the case of more than one counting place specified under this Act for the election, after the Returning Officer has ascertained the total number of votes given to each candidate in the election under section 32(8C). [6/2017] |
|
| (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 the same procedure set out in sections 32 and 33. [6/2017] |
| (4) [Deleted by Act 9 of 2023 wef 01/06/2023] |
|
33.—(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; | | (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 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. [6/2017] |
| (2A) When determining whether a mark made on a ballot paper clearly indicates the voter’s intention and the candidate 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. [6/2017] |
| (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 71. |
|
| Approval of DRE voting systems |
33A.—(1) A DRE voting system must not be used at any poll unless the DRE voting system is approved before the date of the writ of the election under section 6 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 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 as are nominated for the election; | | (c) | operates safely and efficiently and accurately counts all votes cast for each candidate; | | (d) | is set to detect voting errors and to reject all votes for any candidate 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 does not allow for identification of any voter. |
|
| (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 16, 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. |
|
| Approval of DRE voting machines and equipment |
33B.—(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 16 —| (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. [6/2017] |
(2) Not earlier than 4 clear days before polling day, the Auditor‑General or person appointed by the Minister under section 33A(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 the candidate’s election agent who requests such a copy before polling day. |
|
(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. |
|
|
| Pre-poll testing of DRE voting system, etc. |
33C.—(1) Immediately before the commencement of the poll in any electoral division specified in a notice under section 16(5), the presiding officer at every polling station within the electoral division must, and in the sight of such person as may be present at the polling station —| (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 33B(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 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 |
33D.—(1) Except as otherwise provided in sections 33B and 33C 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 17 to 34, 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. |
|
| Publication of result and statement of poll in Gazette |
| 34.—(1) After declaring the result under section 32(8)(a) or (8D)(a) and counting of all votes cast by overseas electors or after declaring the result under section 36E(1)(b) (as the case may be), the Returning Officer must immediately compile a statement of the poll in the prescribed form and must cause the statement and the name of the person elected to the office of President to be published in the Gazette. [Act 9 of 2023 wef 01/06/2023] | (2) Despite the provisions of this Act, if the candidate who has been declared elected to the office of President under section 15 or 32 dies before the commencement of his or her term of office, the Prime Minister must immediately issue a fresh writ under section 6 and the provisions of this Act apply, with the necessary modifications, to that writ. |
|
| Failure to comply with provisions of this Act |
35.—(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. |
|
| Maintenance of secrecy at elections |
| 36.—(1) Every officer, clerk, interpreter, candidate and agent authorised to attend at a polling station under section 22(5) or every other person so authorised under regulations made under section 30C(1)(d), or at the counting of the votes, must, before so attending, make an oath of secrecy, substantially in the prescribed form. [Act 9 of 2023 wef 01/06/2023] | (2) The Returning Officer has power to administer any oaths required to be taken under subsection (1). |
| (3) Every officer, clerk, interpreter, candidate and agent authorised under section 22(5) and every person authorised under regulations made under section 30C(1)(d) 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. [Act 9 of 2023 wef 01/06/2023] |
| (3A) The total number of voters who have voted at any polling 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 in attendance at a polling station, and every person must not —| (a) | attempt to obtain in the polling station information as to the candidate 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 for whom any voter in the polling 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 polling station. |
|
(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 for whom any vote is given by any particular ballot paper. |
|
| (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 record his or her vote and before the voter 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. |
|
| Division 7 — Overseas Voting |
| Voting at overseas polling station |
36A.—(1) The hours of any poll at an overseas polling station for any contested election must be not less than 4 hours and may start 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.| (2) Subject to any regulations made under section 36F, a poll (including an advance poll) and voting at an overseas polling station must be conducted, as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day in Singapore is conducted. [Act 9 of 2023 wef 01/06/2023] |
|
| Postal voting by overseas electors designated as postal voters |
36B.—(1) An overseas elector for an electoral division who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for an election may record his or her vote at the poll in the election either —| (a) | by using the postal voting method in accordance with the manner prescribed under this section; or | | (b) | by attending in person at a polling place in the ordinary polling station allotted to him or her under section 18(1)(c), |
| but not at both in respect of the same election. |
| (2) However, an overseas elector who intends to record his or her vote in person under subsection (1)(b) at the ordinary polling station allotted to him or her must first make and subscribe to the declaration set out in the prescribed form before he or she is given a ballot paper at that ordinary polling station. |
(3) To record his or her vote by the postal voting method at the poll in an election, an overseas elector for an electoral division who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election must do all the following in the following sequence, before the end of the postal voting period of that election:| (a) | apply to the Returning Officer, once the postal voting period of that election starts and in the manner prescribed by regulations made under section 36F, for postal voting papers to be issued to the overseas elector; | | (b) | mark the overseas elector’s vote on the postal ballot paper comprised in the postal voting papers issued on application, fold the postal ballot paper and insert it in the return envelope comprised in the postal voting papers so issued, and seal the return envelope in accordance with the regulations made under section 36F; | | (c) | take the steps prescribed by regulations made under section 36F with respect to those postal voting papers in order to indicate the date of posting or sending; | | (d) | as soon as practicable after the return envelope is sealed, the overseas elector or a person to whom the overseas elector has entrusted the sealed return envelope for posting or delivery, must post or deliver the sealed return envelope to the Returning Officer in Singapore. |
|
| (4) Where an overseas elector records his or her vote at a poll in an election by attending in person at a polling place in the ordinary polling station allotted to him or her under section 18(1)(c), any other vote that is purportedly recorded by the same overseas elector at the same election is void. [Act 9 of 2023 wef 01/06/2023] |
|
| Pre-count examination of postal voting papers |
36C.—(1) Before starting the counting of any votes cast by the postal voting method at an election, the Returning Officer must, at the place and time directed under section 36D(1) and in the presence of the candidates and their counting agents as attend, produce all return envelopes containing, or purporting to contain, postal ballot papers that have been received by the Returning Officer in Singapore before the expiry of 10 days after polling day in Singapore for the election.(2) The Returning Officer must then, if satisfied after due examination of those return envelopes, that —| (a) | a return envelope was received by the Returning Officer in Singapore before the expiry of 10 days after polling day in Singapore for the election; | | (b) | that return envelope was posted or sent for delivery before the end of the postal voting period for the election; | | (c) | that return envelope —| (i) | remains sealed; | | (ii) | has not been opened or tampered with; and | | (iii) | is not materially damaged so as to preclude authenticating that it was posted or delivered, or entrusted for posting or delivery, to the Returning Officer by an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election; and |
| | (d) | that return envelope was posted or delivered, or entrusted for posting or delivery, to the Returning Officer by an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election, |
| accept that return envelope and its contents for counting, but if the Returning Officer is not so satisfied, the Returning Officer must disallow from counting the postal voting papers comprising the return envelope and the postal ballot paper inside (if any), without opening the return envelope. |
|
(3) In addition to subsection (2), where more than one return envelope was received by the Returning Officer in Singapore, before the expiry of 10 days after polling day in Singapore for the election, from or purportedly from an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election, the Returning Officer —| (a) | must regard the unopened return envelope not disallowed under subsection (2) and first handled by the Returning Officer during the examination of all return envelopes so received as containing the sole vote recorded by the overseas elector on a postal ballot paper, regardless —| (i) | when the postal ballot paper was actually marked; | | (ii) | when the unopened return envelope was posted, sent for delivery or delivered in relation to the other return envelopes which are not so disallowed; and | | (iii) | if that unopened return envelope first handled is empty; and |
| | (b) | must disallow from counting all other unopened return envelopes from or purportedly from the same overseas elector and their contents, without opening these other return envelopes. |
|
(4) Before disallowing from counting any postal voting papers under subsection (2) or (3), the Returning Officer must —| (a) | first, show the return envelope without opening it, to each candidate or the candidate’s counting agent as attend; and | | (b) | then, hear the views of the candidate or the candidate’s counting agent thereon, |
| taking all proper precautions to prevent any person from opening the return envelope in question. |
|
| (5) The decision of the Returning Officer as to whether or not to disallow from counting any postal voting papers is final and is not to be questioned on an application under section 70. |
(6) If the Returning Officer has accepted an unopened return envelope and its contents for counting, the Returning Officer must then —| (a) | open the unopened return envelope without destroying it; | | (b) | withdraw the postal ballot paper; and | | (c) | without inspecting the postal ballot paper or allowing another person to do so, set aside the postal ballot paper for counting. |
|
(7) Where an unopened return envelope accepted for counting is found, upon opening under due authority under subsection (6), to contain more than one postal ballot paper, the Returning Officer must reject all the postal ballot papers as invalid unless all the postal ballot papers clearly indicate that the overseas elector intends to vote for the same particular candidate, in which case the Returning Officer must —| (a) | treat one of the postal ballot papers as representing the vote recorded by the overseas elector at the election; and | | (b) | reject all the other postal ballot papers as invalid. |
|
| (8) 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 pre-count examination of postal voting papers. [Act 9 of 2023 wef 01/06/2023] |
|
| Counting of votes by overseas electors |
36D.—(1) The votes cast at all overseas polling stations or by the postal voting method (collectively called in this section and section 36E overseas votes) must be counted at such place or places in Singapore and at such time as the Returning Officer directs.| (2) The Returning Officer must cause notice of every direction issued under subsection (1) to be published in the Gazette at least 2 clear days before polling day. |
| (3) Every sealed ballot box containing votes cast at an overseas polling station and every vote cast by the postal voting method at an election must, in order for those votes to be counted in the election, reach the custody of the Returning Officer in Singapore within 10 days after polling day in Singapore for the election. |
(4) Subject to subsection (3), the Returning Officer must arrange for the counting of the overseas votes in the presence of the candidates and their counting agents as attend as soon as practicable after the Returning Officer has received in Singapore —| (a) | all the sealed ballot boxes used at overseas polling stations during the poll; and | | (b) | all the votes cast by the postal voting method. |
|
(5) Despite section 32(2), the number of counting agents that may be appointed under section 32(1) to attend —| (a) | the counting of overseas votes at the counting place as directed under subsection (1); or | | (b) | the pre-count examination of postal voting papers under section 36C, |
| must not exceed one or any other higher number prescribed in substitution by regulations made under section 36F for either paragraph (a) or (b) or both. |
|
| (6) Subject to regulations made under section 36F, the counting of votes cast by overseas electors must be conducted, as far as practicable, in the same manner as that in which counting of votes cast at ordinary polling stations is conducted. [Act 9 of 2023 wef 01/06/2023] |
|
| Ascertaining final results |
36E.—(1) Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b) —| (a) | the number of overseas votes given to each candidate must be added to the number declared by the Returning Officer as the number of votes cast in Singapore for each candidate; and | | (b) | the Returning Officer must immediately declare the candidate to whom the greatest total number of votes is given to be elected. |
(2) After the Returning Officer has made any declaration under subsection (1)(b), 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 overseas votes are counted must be sealed up in separate packets and placed in one or more ballot 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 32(11), the sealed ballot box or boxes containing the ballot papers and other documents 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. |
|
| (3) Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b) in an election, and a recount of the votes is to be conducted, section 32B applies, with the necessary modifications, to the counting of votes cast by overseas electors at that election. [Act 9 of 2023 wef 01/06/2023] |
|
| Regulations for voting in overseas polling stations and postal voting |
36F.—(1) Subject to section 81B, the Minister may make regulations modifying the application of any provision of this Act to —| (a) | the conduct of polls in overseas polling stations, including in particular —| (i) | the appointment of presiding officers for overseas polling stations; | | (ii) | the procedure on closing of the poll; and | | (iii) | the procedure for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore; and |
| | (b) | the counting (including recounting) of the votes cast at overseas polling stations and by the postal voting method, respectively. |
(2) Unless the contrary intention appears, the regulations made under subsection (1) on the conduct of polls in overseas polling stations 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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(3) Subject to section 81B, the Minister may make regulations relating to the postal voting method for a contested election, including regulations for or in respect of the following matters:| (a) | the period for an overseas elector to make an application for postal voting papers and the form and manner of such application; | | (b) | the period and manner for an overseas elector to access, download and print his or her postal ballot paper and return envelope from the prescribed website; | | (c) | the appointment of any authorised representative of the Returning Officer for the purposes of receiving return envelopes containing postal ballot papers; | | (d) | the procedure for the postal voting method, including any measures that are necessary to ensure the authenticity of any vote; | | (e) | the measures to ensure the safe custody of any return envelope received by the Returning Officer in Singapore; | | (f) | the form of any application for postal voting papers, a postal ballot paper or return envelope. |
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(4) Regulations made under subsection (1) or (3) —| (a) | must not authorise any person to vote more than once at any election; | | (b) | must provide for a record of every vote cast at a polling station but the vote record must not contain any means of identifying the person who cast the vote; and | | (c) | must be consistent with the principles laid down in any provision of this Act that is modified by those regulations. [Act 9 of 2023 wef 01/06/2023] |
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| Other offences connected with postal voting |
36G.—(1) Any person to whom an envelope containing or purporting to contain a postal ballot paper is given by an overseas elector for the purpose of posting or delivery to the Returning Officer, or an authorised representative of the Returning Officer for the purposes of receiving return envelopes containing postal ballot papers, and who has agreed to post or deliver the envelope, commits an offence if the person, without reasonable excuse, fails to post or deliver the envelope promptly.| (2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $1,500. |
| (3) This section extends to a citizen of Singapore (whether or not a voter or an elector) who engages in any conduct wholly or partly outside Singapore that constitutes an offence described in subsection (1) as if the offence had been committed in Singapore. [Act 9 of 2023 wef 01/06/2023] |
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