Parliamentary Elections (Amendment) Act 1996

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 40]

Friday, November 8

[1996

The following Act was passed by Parliament on 28th October 1996 and assented to by the President on 31st October 1996:—

Parliamentary Elections (Amendment) Act 1996

(No. 42 of 1996)

I assent.

ONG TENG CHEONG

President

31st October 1996.

Date of Commencement: 12th November 1996

An Act to amend the Parliamentary Elections Act (Chapter 218 of the 1995 Revised Edition) and to make related amendments to 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 Parliamentary Elections (Amendment) Act 1996 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 Parliamentary Elections Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definition of “group” and substituting the following definition:

“ “group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency in accordance with section 27B;”;

(b)

by deleting the definition of “Parliamentary Secretary”; and

(c)

by deleting the definitions of “register” and “register of electors” and substituting the following definitions:

“ “register” or “register of electors” means the register of electors for any particular electoral division comprising sections, each of which shall relate to a polling district of that electoral division;”.

Amendment of section 5

3. Section 5 of the principal Act is amended —

(a)

by deleting the words “1st July” wherever they appear in subsections (1) and (2) and substituting in each case the words “the prescribed date”;

(b)

by inserting, immediately after the words “electoral division” in subsection (2)(c), the words “and polling district of the electoral division”; and

(c)

by inserting, immediately after subsection (3), the following subsections:

“(4) For the purposes of subsections (1) and (2), the prescribed date shall be 1st July or such other date as the Minister may, by order published in the Gazette, specify.

(5) No order shall be made under subsection (4) between the date of commencement of any preparation or revision of any register of electors for any year and the date of certification of that register under this Act (both dates inclusive).”;

Amendment of section 8A

4. Section 8A of the principal Act is amended —

(a)

by deleting the words “3 candidates, or on the basis of a group of 4 candidates” in the sixth and seventh lines of subsection (1)(a) and substituting the words “such number of candidates, being not less than 3 but not more than 6”;

(b)

by inserting, immediately after subsection (1), the following subsection:

“(1A) There shall at all times be at least 8 electoral divisions which are not declared under subsection (1)(a) to be group representation constituencies.”; and

(c)

by deleting the words “or more than three-quarters” in the third line of subsection (2).

Amendment of section 20

5. Section 20 (2) of the principal Act is amended by inserting, immediately after the words “section 13, 17 or 43” in the ninth line, the words “or with section 26 of the Presidential Elections Act [Cap. 240A]”.

New section 20A

6. The principal Act is amended by inserting, immediately after section 20, the following section:

“Redistribution of polling districts, etc.

20A.—(1) Where any new electoral division is created or the boundaries of any existing electoral division are altered by —

(a)	redistributing the whole of one or more contiguous polling districts of any existing electoral division or divisions to form a polling district or districts of the new or altered electoral division without any change in the boundaries of those polling districts; or
(b)	transferring the whole of one or more contiguous polling districts of any existing electoral division or divisions to any other existing division or divisions without any change in the boundaries of those polling districts,

the Minister may, in lieu of specifying the boundaries of the electoral divisions in a notification under section 8, specify —

(i)	the polling districts which have been retained, redistributed or transferred to form subdivisions of the respective electoral divisions; and
(ii)	the new distinguishing letter or letters (if any) assigned to each such polling district,

and each electoral division shall be deemed to have been subdivided under section 9(1) into the polling districts so retained, redistributed or transferred as its subdivisions.

(2) Unless the Minister otherwise directs, whenever any new electoral division is created or any electoral division is altered in the manner referred to in subsection (1)(a) or (b), section 10 shall not apply to that new or altered electoral division and the Registration Officer shall, before the next general election, prepare in accordance with subsection (3) a composite register for each new or altered division and certify it in the Form 7 in the First Schedule.

(3) A composite register for any new or altered electoral division shall be prepared by using the certified registers in operation and combining the sections of these certified registers relating to the polling districts which have been redistributed or transferred to form the polling districts of the new or altered electoral division.

(4) Any composite register prepared in accordance with subsection (3) for a new or altered electoral division shall be deemed to be the certified register in operation for that electoral division at the next general election following its certification but not earlier, and subject to such alterations as may be made therein in accordance with section 13, 17 or 43 or with section 26 of the Presidential Elections Act [Cap. 240A], shall continue in operation until superseded by the coming into operation of the next certified register for that electoral division. ”.

Amendment of section 22

7. Section 22 (2) of the principal Act is amended by deleting the words “3 or 4 Members” and substituting the words “such number of Members”.

Amendment of section 27A

8. Section 27A of the principal Act is amended by deleting the words “3 or 4 candidates” in subsections (2) and (3) and substituting in each case the words “such number of candidates”.

Amendment of section 39

9. Section 39 of the principal Act is amended by deleting subsection (5) and substituting the following subsections:

“(5) The number of polling agents that may be admitted to any polling station for an electoral division shall be as follows:

(a)	only one polling agent for each candidate contesting the election in that electoral division; or
(b)	in the case of a polling station for a group representation constituency, only one polling agent for each group of candidates contesting the election in that constituency.

(5A) Notwithstanding subsection (5), where more than one polling place has been established at any polling station, only one polling agent for each candidate or each group of candidates, as the case may be, shall be admitted to each such polling place.”.

Repeal and re-enactment of section 41

10. Section 41 of the principal Act is repealed and the following section substituted therefor:

“Ballot boxes

41.—(1) Every ballot box shall 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 shall, 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), shall be kept in the view of the presiding officer of the polling station for the receipt of ballot papers and shall not be opened again until after the close of the poll.

(4) Subsections (2) and (3) shall apply to every ballot box used during a poll and it shall be 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.”.

Amendment of section 48

11. Section 48 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 or an Assistant Returning Officer at the counting place where the votes cast at the polling station are to be counted in accordance with the provisions of this Act, except that where the Returning Officer has, in any direction made under section 48A(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 48A

12. The principal Act is amended by inserting, immediately after section 48, the following section:

“Counting places

48A.—(1) The Returning Officer may —

(a)	direct that the votes cast at any polling station or stations for an electoral division be counted at such counting place for that electoral division (which may or may not be a polling station) and time as he may specify; and
(b)	where more than one counting place is specified for an electoral division under paragraph (a), direct that the total number of votes given to each candidate or group of candidates at the poll be ascertained at a principal counting place for that electoral division (which may or may not be a counting place for that division) and time as 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 2 clear days before polling day.”.

Amendment of section 49

13. Section 49 of the principal Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsections:

“(1) Subject to subsection (2), each candidate nominated for an electoral division or his election agent may appoint only one counting agent to attend the counting of votes at each counting place specified for that division in the direction made under section 48A(1).

(2) The principal election agent of each group of candidates nominated for a group representation constituency may, on behalf of the group, appoint only one counting agent to attend the counting of votes at each counting place specified for that constituency in the direction made under section 48A(1).

(2A) The Returning Officer shall make arrangements for the counting of votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —

(a)

where only one counting place is specified for an electoral division in a direction made under section 48A(1) — after he has received at that counting place all the ballot boxes used during the poll; or

(b)

where more than one counting place is specified for an electoral division in a direction made under section 48A(1) —

(i)	after the procedure in section 48 has been complied with at the close of the poll if the polling station is a counting place; and
(ii)	after the Returning Officer or an Assistant Returning Officer has received at each 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 (7) and substituting the words “Where only one counting place is specified for an electoral division in a direction made under section 48A(1), the Returning Officer shall, when the counting of votes has been completed,”;

(c)

by inserting, immediately after subsection (7), the following subsections:

“(7A) Where more than one counting place is specified for an electoral division in a direction made under section 48A(1), an Assistant Returning Officer shall, immediately after the counting of votes or, where any candidate or his counting agent applies to the Assistant Returning Officer for a recount, after the recounting of votes, at each counting place for the electoral division —

(a)	announce to the candidates or their counting agents as attend the number of votes given to each candidate or group of candidates;
(b)	prepare a record (referred to in this Act as the record of counting) in a prescribed form containing the number of votes given to each candidate or group of candidates and other results of the counting of votes at his counting place, and certify that record;
(c)	transmit to the principal counting place for that electoral division, by any means available, the results of the counting of votes at his counting place;
(d)	seal up in separate packets the ballot papers and all other documents at the counting place relating to the poll, and, except for the sealed packet containing the record of counting, place them in any 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 (9);
(e)	despatch or deliver the sealed ballot box referred to in paragraph (d) in safe custody to the Returning Officer; and
(f)	despatch or deliver the sealed packet containing the record of counting in safe custody to the principal counting place for that electoral division.

(7B) Except with the sanction of the Returning Officer, no person other than the following persons may be present at a principal counting place during the addition of votes:

(a)	the Returning Officer and such other officers and staff appointed by him to assist him in adding the votes cast for each candidate or group of candidates at the counting places and ascertaining the total number of votes given to each candidate or group of candidates at the poll; and
(b)	the candidates and their election agents or, where the votes to be added relate to a group of candidates, the group of candidates and their principal election agent.

(7C) Notwithstanding subsection (7B), where a principal counting place is also a counting place, such counting agents as were present during the counting of votes may continue to be present during the addition of votes.

(7D) At a principal counting place for an electoral division, the Returning Officer shall, upon receipt of the results of the counting of votes at all counting places for that electoral division, ascertain the total number of votes given to each candidate or group of candidates at the poll by adding up the number of votes recorded for each candidate or group of candidates in the said results.

(7E) When the Returning Officer has ascertained the total number of votes given to each candidate or group of candidates under subsection (7D), he shall forthwith declare as having been elected the candidate or group of candidates to whom the greatest total number of votes is given.”; and

(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 the first, second and third lines of subsection (9) and substituting the words “After the result has been declared by the Returning Officer under subsection (7) or (7E), he shall seal all”.

Amendment of section 62

14. Section 62 of the principal Act is amended by inserting, immediately after subsection (4), the following subsection:

“(5) A principal election agent for a group of candidates shall be appointed by the candidates from amongst their election agents and the provisions of this section relating to the appointment and revocation of appointment of an election agent and public notification thereof shall apply, with the necessary modifications, in respect of a principal election agent.”.

Amendment of section 64

15. Section 64 of the principal Act is amended —

(a)

by deleting the words “The election agent” in the first line of subsection (1) and substituting the words “Subject to subsection (1A), the election agent”; and

(b)

by inserting, immediately after subsection (1), the following subsection:

“(1A) In the case of a group of candidates, only the principal election agent of the group shall appoint every polling agent on behalf of the group of candidates at an election and shall inform the presiding officer at each polling station in writing of the name of the polling agent or agents appointed to act at that station before the person is admitted to the station.”.

Amendment of section 72

16. Section 72 (1) of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:

“(b)	only one polling agent for each polling place, except that in relation to a candidate at an election in a group representation constituency, only one polling agent for the group for each polling place;”.

Amendment of Third Schedule

17. The Third Schedule to the principal Act is amended by deleting paragraphs (a) and (b) and substituting the following paragraphs:

“(a)	in relation to a candidate at an election in any group representation constituency — an amount equal to $2.50 for each elector on the register for that constituency divided by the number of candidates in each group nominated for that election; or
(b)	in relation to any other candidate — an amount equal to $2.50 for each elector on the register.”.

Related amendments to Presidential Elections Act

18. The Presidential Elections Act [Cap. 240A] is amended —

(a)

by deleting section 24 and substituting the following section:

“Ballot boxes

24.—(1) Every ballot box shall 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 shall, 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.

(b)

by deleting the words “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” in section 32(8A)(b) and substituting the words “and certify that record”;

(c)

by deleting the word “and” at the end of section 32(8A)(d); and

(d)

by deleting paragraph (e\) of section 32(8A) and substituting the following paragraphs:

“(e)	despatch or deliver the sealed ballot box referred to in paragraph (d) in safe custody to the Returning Officer; and
(f)	despatch or deliver the sealed packet containing the record of counting in safe custody to the principal counting place.”.

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