Parliamentary Elections (Amendment) Bill

Bill No. 23/1987

Read the first time on 30th November 1987.
An Act to amend the Parliamentary Elections Act (Chapter 218 of the 1985 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 1987 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 by inserting, immediately after the definition of “general election”, the following definitions:
“ “group” means any group of 3 candidates nominated for any election in any group representation constituency in accordance with section 27B;
“group representation constituency” means any electoral division declared to be a group representation constituency under section 8A(1)(a);”.
New section 8A
3.  The principal Act is amended by inserting, immediately after section 8, the following section:
“Group representation constituencies
8A.—(1)  For the purposes of electing Members of Parliament on a group basis to ensure the representation in Parliament of Members from the Malay and other minority communities under this Act, the President by order published in the Gazette —
(a)may, subject to subsection (2), declare any electoral division, having regard to the number of electors in that division, to be a group representation constituency; and
(b)shall designate every group representation constituency as —
(i)a constituency where at least one of the 3 candidates in every group shall be a person belonging to the Malay community; or
(ii)a constituency where at least one of the 3 candidates in every group shall be a person belonging to any minority community other than the Malay community.
(2)  The number of Members to be returned by all group representation constituencies shall not exceed one-half of the total number of Members to be returned at a general election.”.
Repeal and re-enactment of section 22
4.  Section 22 of the principal Act is repealed and the following section substituted therefor:
“Number of Members to be returned for each electoral division and group representation constituency
22.—(1)  Subject to subsection (2), each electoral division shall return one Member to serve in Parliament.
(2)  Each group representation constituency shall return 3 Members to serve in Parliament.”.
Amendment of section 24
5.  Section 24 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:
“(2A)  In respect of any group representation constituency, no writ shall be issued under subsection (1) for an election to fill any vacancy unless all the Members for that constituency have vacated their seats in Parliament.”.
New sections 27A, 27B and 27C
6.  The principal Act is amended by inserting, immediately after section 27, the following sections:
“Election of Members on a group basis in group representation constituencies
27A.—(1)  In every general election of Members and the election of Members to supply vacancies caused by death, resignation or otherwise, the Members for any group representation constituency shall be elected in accordance with this Act subject to the modifications in this section.
(2)  All elections in any group representation constituency shall be held on a basis of a group of 3 candidates.
(3)  Subject to subsection (4), any group that desires to contest in any election in any group representation constituency shall consist of 3 candidates, all of whom shall either be members of the same political party standing for such election for that political party or be independent candidates standing as a group.
(4)  Where any group representation constituency is —
(a)a constituency designated under section 8A(1)(b)(i), at least one of the 3 candidates in every group shall be a person belonging to the Malay community; or
(b)a constituency designated under section 8A(1)(b)(ii), at least one of the 3 candidates in every group shall be a person belonging to any minority community other than the Malay community.
(5)  At any time after the date of the notice of the writ referred to in section 25 and at least two clear days before the day of nomination, any person —
(a)belonging to the Malay community who desires to contest as such a person in any election in any constituency designated under section 8(1)(b)(i); or
(b)belonging to any minority community other than the Malay community who desires to contest as such a person in any election in any constituency designated under section 8(1)(b)(ii),
shall apply in the prescribed manner to the appropriate Committee for a certificate in the prescribed form which shall certify whether the applicant is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community, as the case may be, for the purposes of such election.
(6)  Upon receipt of any application under subsection (5), the appropriate Committee shall determine whether the applicant is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community and shall, if the appropriate Committee considers that he is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community, issue to him not later than the day before the day of nomination a certificate certifying that to be the fact, and any such certificate shall, for the purposes of this Act, be conclusive as to the fact which it certifies.
(7)  For the purposes of this section and section 27C —
“Committee” means the Malay Committee or Other Minorities Committee established under section 27C;
“person belonging to the Malay community” means any person, being a Malay, Javanese, Boyanese, Bugis, Arab or any other person, who is generally accepted as a member of the Malay community by that community.
Nomination papers for elections in group representation constituencies
27B.—(1)  Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may, subject to section 27A, be nominated as a candidate with two other candidates in a group for any election in any group representation constituency.
(2)  Each group shall be nominated by means of a nomination paper. The nomination paper shall be signed by two persons as proposer and seconder respectively and by not less than 4 other persons all of whose names must appear in the register of electors for the group representation constituency in which the group seeks election. The written consent of every candidate in a group must be endorsed on the nomination paper which shall be in the Form 9A in the First Schedule.
(3)  Every candidate in a group shall at the time of the nomination of the group deliver to the Returning Officer —
(a)a statutory declaration of his qualifications and the political party for which he stands (if any) made and subscribed by the candidate in the Form 10 in the First Schedule; and
(b)if he is a person belonging to —
(i)the Malay community and is nominated as such a person for election in any constituency designated under section 8(1)(b)(i); or
(ii)any minority community other than the Malay community and is nominated as such a person for election in any constituency designated under section 8(1)(b)(ii),
a certificate issued to him under section 27A(6) certifying that he is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community, as the case may be.
If any statutory declaration or certificate which is required to be delivered by any candidate in a group is not so delivered, the nomination of that group shall be deemed to be void.
(4)  The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper and statutory declaration to any registered elector requiring the same.
(5)  Where the nomination paper of any group does not comply with this section or section 27A, or where any candidate in a group withdraws his candidature under section 32, the nomination of that group shall be deemed to be void.
(6)  Section 27 shall not apply to any election in any group representation constituency.
Committee to determine whether prospective candidate is Malay or other racial minority
27C.—(1)  For the purposes of section 27A, there shall be established —
(a)a Malay Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(i) belongs to the Malay community; and
(b)an Other Minorities Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(ii) belongs to any minority community other than the Malay community.
(2)  The Malay Committee shall consist of a Chairman and 4 other members, all of whom shall be persons belonging to the Malay community and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution.
(3)  The Other Minorities Committee shall consist of a Chairman and 4 other members, each of whom shall be a person belonging to any minority community other than the Malay community and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution.
(4)  A decision of any such Committee shall require a simple majority of the members present and voting, and the Committee may act notwithstanding the absence of any member, except that in the case of an equality of votes the Chairman or member presiding shall have a casting vote in addition to his original vote.
(5)  Subject to this section, any such Committee may regulate its own procedure.
(6)  The validity of any proceedings of any such Committee shall not be affected by any defect in the appointment of any member of the Committee.
(7)  Any Committee established under this section shall be guided by the merits of each case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not.
(8)  Any decision of a Committee established under this section shall be final and conclusive and shall not be appealed against or called in question in any court.
(9)  Regulations may be made to provide for regulating and facilitating the performance by any Committee of its function under this Act.”.
Amendment of section 28
7.  Section 28 of the principal Act is amended —
(a)by deleting subsection (4) and substituting the following subsection:
“(4)  If a candidate who has made the required deposit is not elected and —
(a)the number of votes polled by him does not exceed one-eighth of the total number of votes polled in the electoral division for which he contested; or
(b)where he is a candidate for a group representation constituency, the number of votes polled in that constituency by the group to which he belongs does not exceed one-eighth of the total number of votes polled in that constituency,
the amount deposited shall be forfeited and paid into the Consolidated Fund; but in any other case that amount shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath or made affirmation as a Member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared.”; and
(b)by inserting, immediately after the word “candidate” in the sixth line of subsection (5), the words “or the group to which he belongs”.
Amendment of section 29
8.  Section 29 of the principal Act is amended —
(a)by deleting the words “both nomination papers and statutory declarations” in subsection (1) and substituting the words “nomination papers, statutory declarations and certificates (if any) issued under section 27A(6)”; and
(b)by inserting, immediately after the words “nomination paper” in subsection (2), the word “, certificate”.
Amendment of section 30
9.  Section 30 of the principal Act is amended —
(a)by inserting, immediately after the word “section” in subsection (1)(d), the words “27A or”; and
(b)by deleting subsection (2) and substituting the following subsection:
“(2)  No objection to a nomination paper shall be allowed —
(a)unless it is made to the Returning Officer between 11 a.m. and 12.30 p.m. on the day of nomination; or
(b)on the ground that a group seeking election in any constituency designated under section 8A(1)(b) does not consist of at least a person belonging to the Malay community or a person belonging to any minority community other than the Malay community as required under section 27A(4), if any candidate in that group has delivered to the Returning Officer under section 27B(3)(b) a certificate issued to the candidate under section 27A(6).”.
Repeal and re-enactment of section 33
10.  Section 33 of the principal Act is repealed and the following section substituted therefor:
“Uncontested elections
33.  If, on the day of nomination, in any electoral division, after the decision by the Returning Officer on any objection which may have been lodged, only one candidate or group of candidates stands nominated for that division, the Returning Officer shall forthwith declare the nominated candidate or group of candidates to be elected and shall forthwith cause the name or names of the Member or Members so elected to be published in the Gazette.”.
New sections 34A
11.  The principal Act is amended by inserting, immediately after section 34, the following section:
“Contested elections in group representation constituencies
34A.—(1)  If, on the day of nomination, in any group representation constituency, after the decision by the Returning Officer on any objection which may have been lodged, more groups than one stand nominated for that constituency, the Returning Officer shall forthwith adjourn the election to enable a poll to be taken in accordance with the provisions of this Act, and shall allot to each group of candidates an approved symbol which shall be printed on the ballot paper opposite the names of each group:
Provided that the Returning Officer may in his discretion allot to any group of candidates some other symbol selected by the group or the political party to which it belongs.
(2)  In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification published in the Gazette.
(3)  Subject to subsection (1), the determination of the approved symbol to be allotted to each group of candidates shall be made by lot by the Returning Officer:
Provided that no group of candidates shall be allotted any symbol which is of any racial or religious significance.
(4)  In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer shall be final and shall not be questioned.
(5)  The Returning Officer shall cause to be published in the Gazette a notice in the Form 11 in the First Schedule specifying —
(a)the group representation constituency in which the election is contested;
(b)the date on which the poll will be taken, the date being not less than 9 days or more than 8 weeks after the date of publication of the notice in the Gazette;
(c)the names of the candidates in each group in the order in which they will be printed on the ballot papers, the symbol allotted to each group of candidates, and the names of their proposers and seconders; and
(d)the situation of the polling stations for that group representation constituency and the particular polling stations, if any, reserved for female voters.
(6)  In computing time for the purposes of subsection (5)(b), the last day of the period shall 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 of any other written law.
(7)  If, after the election in a group representation constituency has been reported as contested, one of the candidates nominated for that constituency dies before the poll has commenced, the Returning Officer shall, upon being satisfied of the fact of the death, countermand the notice for the poll, and shall appoint, by notice published in the Gazette, a fresh date for the election in that constituency. In such case all proceedings with reference to the election shall be commenced afresh:
Provided that no fresh nomination shall be necessary in the case of any group which stood nominated at the time of the countermand of the poll.
(8)  Section 34 shall not apply to any election in any group representation constituency.”.
Amendment of section 37
12.  Section 37 of the principal Act is amended by inserting, immediately after subsection (1), the following subsections:
“(1A)  Outside each polling station in any group representation constituency, there shall be affixed in a conspicuous place by the presiding officer before the commencement of the poll a notice showing the names of the candidates in each group in English, Malay, Chinese and Tamil and the symbol allotted to each group under section 34A(1). The names of the candidates in each group shall be arranged alphabetically in English in the order of their surnames, and if there are two or more candidates with the same surname, of their other names. The groups of candidates shall be arranged alphabetically in English in the order of the surnames of the first candidates in each group and if there are two or more such candidates with the same surname, of their other names.
(1B)  Subsection (1) shall not apply to any election in any group representation constituency.”.
Amendment of section 40
13.  Section 40 of the principal Act is amended by inserting, immediately after subsection (2), the following subsections:
“(2A)  In respect of any group representation constituency, every ballot paper shall contain a list of the candidates in each group in English, described, subject to section 105, in their respective nomination papers and the symbol allotted to each group, and arranged alphabetically in English in the order specified in section 37(1A). Every ballot paper shall be in the Form 12 in the First Schedule and shall be capable of being folded.
(2B)  Subsection (2) shall not apply to any election in any group representation constituency.”.
Amendment of section 42
14.  Section 42 of the principal Act is amended —
(a)by inserting, immediately after subsection (1), the following subsection:
“(1A)  Each voter entitled to vote in any group representation constituency shall have one vote and may vote for any one group of candidates in the manner prescribed by this section.”; and
(b)by inserting, immediately after the word “candidate” at the end of subsection (4), the words “or group of candidates”.
Amendment of section 49
15.  Section 49 of the principal Act is amended —
(a)by inserting, immediately after the word “candidate” in the third and fourth lines of subsection (6), in each case the words “or group of candidates”;
(b)by inserting, immediately after the word “candidate” in the second line of subsection (7), the words “or group of candidates”; and
(c)by deleting subsection (8) and substituting the following subsection:
“(8)  When an equality of votes is found to exist between any candidates or groups of candidates, and the addition of a vote would entitle any of the candidates or groups of candidates to be declared elected, the determination of the candidate or group of candidates to whom the one additional vote shall be deemed to have been given shall be made by lot in the presence of the Returning Officer in such manner as he may determine.”.
Amendment of section 50
16.  Section 50 of the principal Act is amended by inserting, immediately after the word “candidate” in subsections (1)(b) and (2), in each case the words “or group of candidates,”.
Amendment of section 52
17.  Section 52 of the principal Act is amended by inserting, immediately after subsection (3), the following subsections:
“(3A)  Where there is an equality of the percentage of the votes between any candidates and the number of such candidates who are eligible to be declared elected under this section exceeds the number of non-constituency Members to be declared elected, the determination of the candidate or candidates to be declared elected shall be as follows:
(a)if all such candidates are from the same group, the Returning Officer shall inform that group of the number of candidate or candidates in that group to be declared elected and the group shall within 7 days determine among themselves who shall be declared elected and shall forthwith notify the Returning Officer of such determination;
(b)in any other case, or where the group referred to in paragraph (a) fails to notify the Returning Officer, the determination shall be made by lot in the presence of the Returning Officer in such manner and at such time as he may determine.
(3B)  Upon receipt of a notification under subsection (3A)(a), the Returning Officer shall as soon as possible declare the candidate or candidates determined under that subsection to be elected as a non-constituency Member or Members, as the case may be.
(3C)  For the purposes of this section and section 53, each candidate in a group for any group representation constituency shall be deemed to have received in respect of that constituency the percentage of the votes polled by that group in that constituency.”.
Amendment of section 56
18.  Section 56 of the principal Act is amended by inserting, immediately after the words “the candidate” in the third and in the sixth lines of subsection (4) and in the sixth line of subsection (5), in each case the words “or group of candidates,”.
Amendment of section 60
19.  Section 60 of the principal Act is amended by deleting paragraph (i) and substituting the following paragraph:
“(i)every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate or group of candidates, at an election, or on account of and as payment for his having assisted or agreed to assist any candidate or group of candidates, at an election, applies to that candidate or to any candidate in that group, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;”.
Amendment of section 69
20.  Section 69 of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:
“(1A)  In relation to a candidate at an election in any group representation constituency, the reference to 50 cents for each elector on the register in subsection (1) shall be read as a reference to 50 cents for each elector based on one-third of the number of electors on the register for that constituency.”.
Amendment of section 77
21.  Section 77(1) of the principal Act is amended by deleting the words “under section 34” at the end of the proviso and substituting the words “or to the group of candidates to which he belongs under section 34 or 34A, as the case may be”.
Amendment of section 90
22.  Section 90 of the principal Act is amended by inserting, immediately after the word “candidate” in the last line of paragraph (a), the words “or group of candidates”.
Amendment of section 94
23.  Section 94 of the principal Act is amended by inserting, immediately after the word “he” in paragraph (d), the words “or the group of candidates to which he belongs”.
Amendment of section 95
24.  Section 95 of the principal Act is amended by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
“(2)  Where the election of any Member for a group representation constituency is determined by the Election Judge under subsection (1) to be void, the election of the other two Members for that constituency shall be deemed to be void.”.
Amendment of section 99
25.  Section 99(1) of the principal Act is amended by deleting the words “candidate by a voter knowing that the candidate” in paragraph (f) and substituting the words “candidate or group of candidates by a voter knowing that the candidate, or any candidate in that group, as the case may be,”.
Repeal and re-enactment of Second Schedule
26.  The Second Schedule to the principal Act is repealed and the following Schedule substituted therefor:
“SECOND SCHEDULE
Section 42(7).
the Parliamentary Elections Act.
(Chapter 218)

Directions for the Guidance of Voters in Voting

The voter may vote for one candidate or, if the electoral division is a group representation constituency, one group of candidates.
The voter has one vote.
The voter will go into the place reserved for the marking of ballot papers and mark a cross in the space provided for the purpose on the right hand side of the ballot paper opposite the name of the candidate or, if the electoral division is a group representation constituency, the names of the group of candidates, for which he votes, thus, X.
The voter will then fold up the ballot paper so as to show the official mark on the back, and without showing the front of the ballot paper to any person, show the official mark on the back to the presiding officer, put the ballot paper into the ballot box and forthwith leave the polling station.
If the voter inadvertently spoils a ballot paper, he can return it to the presiding officer who will, if satisfied of such inadvertence, give him another ballot paper.
If the voter votes for more than one candidate or, if the electoral division is a group representation constituency, more than one group of candidates, on any ballot paper, his ballot paper will be void and will not be counted.
If the voter places any mark on the ballot paper by which he may afterwards be identified, his ballot paper will be void and will not be counted.”.”
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