Presidential Elections (Amendment) Act 1993

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 9]

Thursday, April 8

[1993

The following Act was passed by Parliament on 19th March 1993 and assented to by the President on 31st March 1993:—

Presidential Elections (Amendment) Act 1993

(No. 12 of 1993)

I assent.

WEE KIM WEE

President.

31st March 1993.

Date of Commencement: 16th April 1993

An Act to amend the Presidential Elections Act (Chapter 240A of the 1992 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Presidential Elections (Amendment) Act 1993 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Presidential Elections Act (referred to in this Act as the principal Act) is amended by deleting the definition of “Election Judge” and substituting the following definition:

“ “Election Judge” has the same meaning as in the Constitution;”.

Amendment of section 8

3. Section 8 (1) of the principal Act is amended by deleting the words “the date of the notice referred to in section 7 for the holding of an election and at least two clear days before nomination day for the election” in the first, second and third lines and substituting the words “the date referred to in section 6 (1) (a) or such date which is 3 months before the date referred to in section 6 (1) (b), whichever is the earlier, but in any case not later than 3 days after the date of the writ for an election”.

Amendment of section 31

4. Section 31 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:

“(3) Every presiding officer of a polling station shall 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, except that where the Returning Officer has in any direction made under section 31A(1) specified a polling station to be a counting place, the presiding officer of the polling station shall keep at that station every such packet and ballot box in safe custody pending counting of the votes thereat.”.

New section 31A

5. The principal Act is amended by inserting, immediately after section 31, the following section:

“Counting at counting places

31A.—(1) The Returning Officer may direct —

(a)	that the votes cast at any polling station or stations be counted at such time and counting place (which may or may not be a polling station) as he may specify; and
(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 such other time and place (referred to in this Act as the principal counting place) as he may specify.

(2) The Returning Officer shall give notice in writing of his direction under subsection (1) to each candidate or his election agent not less than two clear days before polling day.”.

Amendment of section 32

6. Section 32 of the principal Act is amended —

(a)

by deleting subsection (2) and substituting the following subsections:

“(2) Each candidate may appoint not more than one counting agent to attend the counting of votes at each counting place specified in the direction made under section 31A(1).

(2A) The Returning Officer shall 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 in a direction made under section 31A(1) — after he has received all the ballot boxes used during the poll; or

(b)

where more than one counting place is specified in a direction made under section 31A(1) —

(i)	after the procedure in section 31 has been complied with at the close of the poll if the polling station is a counting place; or
(ii)	after he has received at that counting place all the ballot boxes containing the votes cast at such polling station or stations specified in the direction in relation to that counting place.”;

(b)

by deleting the words “When the counting of the votes has been completed, the Returning Officer shall” in subsection (8) and substituting the words “Where only one counting place is specified in a direction made under section 31A(1), the Returning Officer shall, when the counting of votes has been completed,”;

(c)

by inserting, immediately after subsection (8), the following subsections:

“(8A) Where more than one counting place is specified in a direction made under section 31A(1), the Returning Officer shall, immediately after the completion of the counting of the votes or, where any candidate or his counting agent applies to the Returning Officer for a recount, the recounting of the votes, 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 (referred to in this Act as 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 his counting place, and that record shall be certified by the Returning Officer and signed by such of the candidates or their counting agents as attend and desire to sign their names;
(c)	transmit to the principal counting place, by any means available, the results of the counting of votes at his counting place;
(d)	seal up in separate packets the ballot papers and all other documents at the counting place relating to the election, and, except for the sealed packet containing the record of counting, place them in a ballot box which shall then be sealed with his seal and with the seals of such of the candidates or their counting agents as attend and desire to affix their seals; and all ballot papers and documents in the ballot box shall be deemed to be sealed in pursuance of subsection (10); and
(e)	despatch or deliver the ballot box, together with the sealed packet containing the record of counting, in safe custody to the principal counting place.

(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 him to assist him 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 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 shall, 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 Returning Officer has ascertained the total number of votes given to each candidate under subsection (8C), he shall forthwith declare as having been elected the candidate to whom the greatest total number of votes is given.”;

(d)

by deleting the words “Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal up the ballot papers and all other” in subsection (10) and substituting the words “After the result has been declared by him under subsection (8) or (8D), the Returning Officer shall seal all”; and

(e)

by deleting the words “A Judge of the Supreme Court” in subsection (11) and substituting the words “An Election Judge”.

Amendment of section 72

7. Section 72 of the principal Act is amended by deleting subsection (6) and substituting the following subsection:

“(6) All interlocutory matters in connection with an election petition may be dealt with and decided by an Election Judge.”.

Miscellaneous amendments

8. The principal Act is amended —

(a)

by deleting the words “a Judge of the Supreme Court” wherever they appear in the following provisions and substituting in each case the words “an Election Judge”:

Sections 47(9) and 77(4); and

(b)

by deleting the words “or Judge of the Supreme Court”, “or a Judge of the Supreme Court” and “or to a Judge of the Supreme Court” wherever they appear in the following provisions:

Sections 56(1)(d), 69 (second line) and 70(1)(a) and (b).

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