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Contents

Long Title

Part I PRELIMINARY

Part II ELECTIONS

Postponement and adjournment of elections

Part III OFFENCES AND CORRUPT AND ILLEGAL PRACTICES

Chapter 1 — Offences

Chapter 2 — Corrupt Practices

Chapter 3 — Election Agent, Election Expenses and Illegal Practices

Chapter 4 — Excuse for Corrupt and Illegal Practice

Part IV GROUNDS FOR AVOIDING ELECTIONS

Part V APPLICATIONS FOR AVOIDANCE OF ELECTION

Part VI GENERAL

Legislative History

Comparative Table

 
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On 24/10/2014, you requested the version in force on 24/10/2014 incorporating all amendments published on or before 24/10/2014. The closest version currently available is that of 15/07/2011.
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Presidential Elections Act
(CHAPTER 240A)

(Original Enactment: Act 27 of 1991)

REVISED EDITION 2011
(15th July 2011)
An Act to make provision for the election of the President.
[2nd November 1992]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Presidential Elections Act.
Interpretation
2.  In this Act, unless the context otherwise requires —
“ballot box” includes a ballot container;
“ballot display” means an electronic video display, image or representation of a ballot paper on a screen;
“candidate” means a person who is nominated as a candidate for election to the office of President;
“Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act (Cap. 201);
“direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro-optical machine that can —
(a)
be activated by a voter to mark or record his vote for any candidate or group of candidates on a ballot display on the machine;
(b)
process the vote by means of a computer program;
(c)
instantaneously record and store that vote within a memory device within the machine; and
(d)
sort and count votes marked or recorded on all ballot displays on that machine,
and includes any computer program that is used in the operation of the machine;
“direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines;
“election” means an election for the purpose of electing the President;
“election agent” means a person named under section 43 by or on behalf of a candidate as his agent for an election and includes any candidate acting in his capacity of election agent;
“Election Judge” has the same meaning as in the Constitution;
“elector” means a person whose name is entered in the register as an elector;
“electoral division” means an electoral division specified in a notification for the time being in force under section 8 of the Parliamentary Elections Act (Cap. 218);
“overseas elector” means an elector who is registered under the Parliamentary Elections Act in any register of electors as an overseas elector;
“overseas polling station” has the same meaning as in the Parliamentary Elections Act;
“polling district” means a part of an electoral division subdivided under section 9 of the Parliamentary Elections Act;
“polling station” means any polling station established by or under the authority of the Returning Officer under section 18 for voters to cast their votes at an election, and includes any overseas polling station;
“Presidential Elections Committee” means the Presidential Elections Committee established under Article 18 of the Constitution;
“principal election agent” means an election agent of a candidate who has been appointed under section 43(2A) as the principal election agent;
“register” or “register of electors” means the register of electors for any particular electoral division maintained under the Parliamentary Elections Act;
“Registration Officer” means the Registration Officer appointed under section 3 of the Parliamentary Elections Act and includes any Assistant Registration Officer so appointed;
“Returning Officer” means the Returning Officer appointed under section 3;
“tendered votes list” means the list referred to in section 29;
“voter” means a person who, whether his name does or does not appear in a register of electors, applies to vote or votes at an election.
[12/93; 18/99; 19/2001; 14/2008]
Appointment of Returning Officer and Assistant Returning Officers
3.
—(1)  The Minister may appoint a Returning Officer and such number of Assistant Returning Officers as he may, from time to time, think fit.
(2)  An Assistant Returning Officer shall have all the powers and may perform all the duties of the Returning Officer.
(3)  Any reference in this Act to the Returning Officer shall, unless the context otherwise requires, be deemed to include a reference to an Assistant Returning Officer.
(4)  An appointment made by the Minister under this section may be revoked by him at any time.
Appointment of clerks and interpreters
4.
—(1)  The Returning Officer may, from time to time, appoint such number of clerks and interpreters as may be necessary for the purposes of this Act.
(2)  The appointments made under subsection (1) may be revoked at any time.
Appointment of acting Returning Officer
5.  If the Returning Officer is, by sickness or other cause, prevented or disabled from performing any of his duties under this Act and there is no time for any other person to be appointed by the Minister, the Returning Officer may appoint one of the Assistant Returning Officers to act for him.
PART II
ELECTIONS
Timing of poll and writ of election
6.
—(1)  Any poll for the election of the President shall 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; or
(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 shall issue a writ under the public seal, addressed to the Returning Officer.
(3)  Every such writ shall be in the prescribed form and shall specify the date or dates (referred to in this Act as nomination day) not being less than 5 days nor more than one month after the date of the writ and the place or places of nomination (referred to in this Act as the place of nomination).
(4)  Upon receipt of the writ, the Returning Officer shall proceed to hold the election in the manner provided in this Act.
Notice of time and place of election
7.  On the Prime Minister issuing a writ, the Returning Officer shall 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.
Failure of election
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) shall apply.
[11/2010]
(2)  The original writ for an election that has wholly failed and everything done in connection with the election because of that writ shall be of no effect.
[11/2010]
(3)  Where a fresh writ is issued under subsection (1), sections 6 and 7 shall apply to that writ.
[11/2010]
(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.
[11/2010]
Certificate of eligibility
8.
—(1)  At any time after 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, every person who desires to be elected to the office of President shall apply in the prescribed manner to the Presidential Elections Committee for a certificate in the prescribed form.
(1A)  The certificate referred to in subsection (1) shall certify, for the purposes of an election —
(a)
that the Committee is satisfied that the person applying is a person of integrity, good character and reputation; and
(b)
where the person applying states that he desires to contest in an election by virtue of being qualified under Article 19(2)(g)(iv) of the Constitution, that the Committee is of the opinion that the person, having held office for a period of not less than 3 years in such position of seniority and responsibility in such organisation or department in the public or private sector as described in Article 19(2)(g)(iv) of the Constitution, has such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.
[12/93]
(2)  If the Presidential Elections Committee, upon receipt of an application under subsection (1) —
(a)
is satisfied that the applicant is a person of integrity, good character and reputation; or
(b)
is of the opinion that the applicant has such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President,
the Committee shall not later than the day before nomination day issue to the applicant the certificate referred to in subsection (1) containing the relevant certification.
(3)  Any such certificate shall be final and shall not be subject to appeal or review in any court.
Immunity of Presidential Elections Committee
8A.
—(1)  The Presidential Elections Committee shall not, in the absence of malice on its part, be 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.
[11/99]
(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.
[11/99]
Nomination papers
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 shall 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 shall —
(a)
set out the name, identity card number and occupation of the person seeking nomination;
(b)
contain a statement, signed by that person, to the effect that he consents to the nomination; and
(c)
contain a statutory declaration by the person seeking nomination stating —
(i)
that he is qualified to be elected to the office of President; and
(ii)
that on nomination day he is not a member of any political party.
[19/2005]
(4)  Each candidate shall at the time of his nomination deliver to the Returning Officer —
(a)
a political donation certificate issued to him by the Registrar of Political Donations under section 18(4) of the Political Donations Act (Cap. 236); and
(b)
the certificate issued under section 8.
[20/2000; 19/2005]
(5)  If any statutory declaration which is required by subsection (3)(c) to be made is not so made, or any certificate which is required to be delivered under subsection (4) is not so delivered, the nomination of the candidate shall be deemed to be void.
[19/2005]
(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.
Deposits by candidates
10.
—(1)  A candidate, or some person on his behalf, shall 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 (Cap. 218).
(1A)  In default of a deposit under this section being so made, the candidate shall be deemed to have withdrawn his candidature under section 13.
(2)  The Returning Officer shall immediately give a receipt for any sum deposited under this section and shall pay that sum into the Treasury and that sum shall be dealt with in accordance with the provisions of this Act.
(3)  Any sum required to be deposited under subsection (1) shall be paid in legal tender or by a bank draft or a certified cheque.
(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 candidature under section 13, the deposit shall be returned to the person by whom the deposit was made.
[11/2010]
(4A)  If the candidate dies after the deposit is made and before the poll has commenced, the deposit, if made by him, shall be returned to his legal personal representative or, if not made by him, shall 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 him does not exceed one-eighth of the total number of votes polled, the amount deposited shall be forfeited and paid into the Consolidated Fund.
(5A)  In any other case, the amount so deposited shall be returned to the candidate —
(a)
where the candidate is elected, as soon as he 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.
(6)  For the purposes of this section —
(a)
the number of votes polled shall be 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.
(7)  The Returning Officer shall, on giving notice under section 7 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1).
Proceedings on nomination day
11.
—(1)  The Returning Officer shall, on nomination day, attend at the place of nomination from 11 a.m. until 12 noon to receive nominations papers and political donation certificates issued by the Registrar of Political Donations and certificates issued under section 8 (referred to in this Act as nomination papers).
[20/2000; 19/2005]
(2)  Every such nomination paper and certificate shall be delivered to the Returning Officer, in duplicate and in person, by the person seeking nomination accompanied by his 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, shall be rejected.
[19/2005]
(3)  The Returning Officer shall immediately cause a copy of the nomination papers to be posted in a conspicuous position outside the place of nomination.
(4)  The Returning Officer shall permit the candidates and their proposers, seconders and assentors and one other person, if any, appointed by each candidate in writing to be present on nomination day and at the place of nomination between 11 a.m. and 12.30 p.m. and there and then to examine the nomination papers of candidates which have been received by the Returning Officer.
[19/2005]
(5)  Before 12.30 p.m. on nomination day at an election, any candidate may, by writing under his hand, indicate to the Returning Officer which of his names mentioned in the nomination paper he 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 he desires should be specified by initial.
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 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.
[19/2005]
(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 any such error or omission in his nomination paper.
[19/2005]
(3)  Nothing in subsection (1) or (2) shall authorise any candidate or person seeking nomination to substitute a different person —
(a)
as a candidate for election; or
(b)
as proposer, seconder or assentor.
[19/2005]
(4)  In this section, “error” has the same meaning as in section 82.
[19/2005]
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; or
(d)
that the provisions of section 10 have not been observed.
(2)  No objection to a nomination paper shall be allowed unless it is made to the Returning Officer between 11 a.m. and 12.30 p.m. on nomination day.
(3)  Every objection shall be in writing signed by the objector and shall specify the ground of objection.
(4)  The Returning Officer may himself lodge an objection on any of the grounds set out in subsection (1).
(5)  The Returning Officer shall with the least possible delay decide on the validity of every objection and inform the candidate concerned of his decision, and, if the objection is allowed, of the grounds of his decision.
(6)  If the Returning Officer disallows any objection, his decision shall be final and conclusive and shall not be called in question in any court; but if he allows the objection, his decision shall be subject to reversal on an application under section 71.
[42/2005]
Withdrawal of candidature
13.
—(1)  A candidate may before 12 noon on nomination day, but not afterwards, withdraw his candidature by giving, in person, a notice to that effect signed by him to the Returning Officer.
[19/2005]
(2)  The Returning Officer shall immediately cause notice of the withdrawal to be posted in a conspicuous position outside the place of nomination.
Persons entitled to be present during nomination proceedings
14.  The following persons, and no others, shall be entitled to be present at the proceedings specified in sections 11 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 such other persons authorised by the Returning Officer to assist him at such proceedings; and
(e)
any other person with the written permission of the Returning Officer to be present at those proceedings.
[19/2005]
Uncontested elections
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 shall 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 shall prevent the Returning Officer from exercising any of his powers under subsection (1) before 12.30 p.m. if, at 12 noon on nomination day for an election, only one candidate stands nominated.
[19/2005]
Contested elections
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 shall —
(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 shall be printed on the ballot paper opposite the name of that candidate.
(1A)  Subject to subsection (3A), the Returning Officer may, in his 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 published in the Gazette.
(3)  Subject to subsections (1) and (1A), the determination of the approved symbol to be allotted to each candidate shall be made by lot by the Returning Officer.
(3A)  No candidate shall 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 shall be final and shall not be questioned.
(5)  Subject to section 6(1), the Returning Officer shall 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 (referred to in this Act as 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;
(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.
[19/2001; 11/2010]
(6)  In computing time for the purpose of subsection (5)(a), 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 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 shall, upon being satisfied of the fact of the death —
(a)
countermand the notice for the poll; and
(b)
appoint by notice published 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.
[11/2010]
(8)  In the case referred to in subsection (7), all proceedings with reference to the election shall be commenced afresh, except that no fresh nomination shall be necessary in the case of the candidates who stood nominated at the time of the countermand of the poll.
Polling day to be public holiday
17.  Polling day at any election shall be 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 shall, for the purposes of the poll in any electoral division —
(a)
establish a sufficient number of polling stations within each polling district of the electoral division for the conduct of the poll;
(b)
provide as many polling places within each polling station as he considers necessary; and
(c)
allot the electors (including overseas electors) to the polling stations in the electoral division in such manner as he thinks convenient.
[19/2001]
(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.
[19/2001]
(3)  The Returning Officer shall 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.
[19/2001]
(4)  A polling station shall comprise 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.
[19/2001]
Presiding officers
19.
—(1)  The Returning Officer shall appoint, and may revoke the appointment of, one or more persons (referred to in this Act as 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 shall 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 shall be supplied with a copy of that part of the register of electors containing the names of electors in the register assigned to his 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.
(5)  A presiding officer shall 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 prejudice to the validity of anything already done by the deputy.
(6)  The Returning Officer may, if he thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to the Returning Officer.
Facilities to be provided at polling stations
20.
—(1)  Outside each polling station 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 English, Malay, Chinese and Tamil, and the symbol allotted to each candidate.
(2)  The names of the candidates shall be arranged alphabetically in English in the order of their surnames, and if there are 2 candidates with the same surname, of their other names.
(3)  It shall be 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 shall determine, or may authorise the presiding officer or senior presiding officer to determine, in what manner the facilities mentioned in subsection (3) shall be distributed among the electors entitled to vote at that station.
(5)  An election shall 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 (Cap. 218), not entitled to have his name entered or retained in any register of electors shall not be entitled to vote at the election.
(2)  If the person mentioned in subsection (1) votes at the election, he 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 conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament.
[11/2010]
(3)  The register of electors in operation in accordance with the Parliamentary Elections Act at the time of any election shall be conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election.
(4)  The right of voting of any person whose name is for the time being contained in the register shall not be 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 shall be as good as though no such appeal were pending and shall not be affected by the subsequent decision of the appeal.
(6)  For the purposes of this section, “Revising Officer” means a Revising Officer appointed under section 12 of the Parliamentary Elections Act.
Admittance to polling station
22.
—(1)  Subject to subsections (2) and (3A), no person shall be admitted to vote at any polling station except the one allotted to him.
[19/2001]
(2)  Where an elector for any electoral division is employed as a presiding officer, police officer, or in any other official capacity at a polling station, and it is inconvenient for him to vote at the polling station which has been allotted to him, the Returning Officer may, by a certificate authorise the elector to vote at any other polling station and that polling station shall, for the purposes of this section, be deemed to be the polling station allotted to that elector.
(3)  The certificate referred to in subsection (2) shall be given under the hand of the Returning Officer and shall state the name of the elector, his number, and description in the register of electors, and the fact that he is so employed as a presiding officer, police officer or in any other official capacity at a polling station.
(3A)  An overseas elector shall also be entitled to be admitted to vote at the overseas polling station allotted to him by the Registration Officer under section 13A(3) of the Parliamentary Elections Act (Cap. 218).
[19/2001]
(4)  Unless the Returning Officer, by notification in the Gazette under this section, section 33C(3)(b) or 36C, appoints any other hour, the poll shall open at 8 a.m. on the day appointed under section 16(5) and shall close at 8 p.m. on that day.
[19/2001; 11/2010]
(5)  The presiding officer shall —
(a)
keep order in his 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 agent or agents of each candidate, 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.
(6)  Not more than one polling agent of each candidate shall be admitted to any polling station, except that where, at any polling station, more polling places than one have been established, not more than one polling agent of each candidate shall be admitted to each such polling place.
(7)  A polling agent whose name has not been notified to the presiding officer as required by section 45(1B) shall not be admitted to a polling station.
(8)  If any person misconducts himself in the polling station or fails to obey the lawful orders of the presiding officer, he 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 him.
(9)  The person removed under subsection (8) shall 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 can be brought before a magistrate.
(11)  The powers conferred by this section shall 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.
Voting by overseas electors
22A.
—(1)  Subject to section 52, any overseas elector who intends to cast his vote at the poll for a contested election may vote at —
(a)
the overseas polling station allotted to him by the Registration Officer under section 13A of the Parliamentary Elections Act (Cap. 218); or
(b)
the polling station in the electoral division allotted to him under section 18(1),
but not at both in respect of the same election.
[19/2001; 14/2008]
(2)  The hours of any poll for any contested election at an overseas polling station shall be not less than 4 hours and may be carried out in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station shall close not later than the close of the poll on polling day in Singapore.
[19/2001; 14/2008]
(3)  Except as otherwise provided in this section and any regulations made thereunder, any poll (including an advance poll) at an overseas polling station shall be conducted in the same manner as that in which voting at a polling station within Singapore on polling day is conducted, and shall be regarded as such for the purposes of this Act.
[19/2001]
(4)  The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls in overseas polling stations, including in particular, the appointment of presiding officers for overseas polling stations, the procedures on closing of the poll and for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore.
[19/2001]
(5)  Unless the contrary intention appears therefrom, the regulations made under subsection (4) shall 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.
[14/2008]
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 shall be given by ballot, and the ballot of each voter shall consist of a paper (referred to in this Act as a ballot paper).
[19/2001]
(2)  Every ballot paper shall —
(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;
(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.
(3)  The official mark for the authentication of ballot papers shall comprise a pattern, design, watermark or logo approved by the Returning Officer which shall 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.
[18/99]
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.
[42/96]
(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.
[42/96]
(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.
[42/96]
(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.
[42/96]
Manner of voting
25.
—(1)  Each voter entitled to vote shall be given one ballot paper and shall have one vote.
(2)  The ballot paper shall be delivered to the voter by the presiding officer or a person acting under his authority.
(3)  Immediately before any ballot paper is delivered to a voter —
(a)
the ballot paper shall, 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, name and description of the voter, as stated in the copy of the register of electors, shall be called out;
(c)
the number of the elector shall be marked on the counterfoil; and
(d)
a mark shall be placed in the register against the number of the elector to denote that he has received a ballot paper but without showing the particular ballot paper which he has received.
[18/99]
(4)  The voter shall, 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 shall there secretly mark the paper as near as may be in accordance with the directions given for the guidance of voters under this Act.
(4A)  The voter shall then fold the paper so as to conceal his vote, and shall put the paper so folded up into the ballot box.
(5)  Every voter shall vote without undue delay and shall quit the polling station as soon as he has put his ballot paper into the ballot box.
(6)  The presiding officer or any person authorised by him may ask any voter if the voter understands the method of voting in accordance with this Act and may, if he 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 shall 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 is incapacitated by blindness or other physical cause from voting in the manner prescribed by this Act, shall mark the ballot paper of the voter in the manner directed by the voter, and shall cause the ballot paper to be placed in the ballot box.
(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 shall cause to be exhibited outside his polling station a notice, in English, Malay, Chinese and Tamil, substantially in the prescribed form, giving directions for the guidance of voters in voting.
Compulsory voting
26.
—(1)  Every elector shall record his vote at each election in the electoral division for which he is registered.
(2)  The Returning Officer shall, 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 his hand.
(3)  Notwithstanding section 32(10) and (12), it shall be 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 inquiries connected therewith.
(4)  The list prepared by the Returning Officer under subsection (2) shall be forwarded by the Returning Officer to the Registration Officer.
(5)  The Registration Officer shall 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 shall give notice in the Gazette that such list has been received by him 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.
[19/2001]
(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 name to the register of electors.
(8)  If any applicant under subsection (7) satisfies the Registration Officer that he has a good and sufficient reason for not having recorded his vote, his name shall be restored to the register without penalty, but where the applicant does not so satisfy the Registration Officer, his name shall be restored to the register on payment to the Registration Officer of a sum of $50.
[11/2010]
(9)  Any name to be restored to the register under subsection (8) shall, except as otherwise provided in subsection (11), be restored the day after the Registration Officer has satisfied himself that the applicant has a good and sufficient reason for not recording his vote or the day after the payment of the sum of $50 to the Registration Officer, as the case may be.
[11/2010]
(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 his address and it appears from such change of address that he is no longer residing in the same electoral division, his name shall be restored to the appropriate register of the electoral division in which he is residing.
(11)  Where a writ of election has been issued under section 6 for an election, no name shall be restored to the register until after nomination day or, if a poll is to be taken, until after polling day.
Declarations by voters
27.
—(1)  The presiding officer at any polling station may, in his discretion, require any voter, before he is given a ballot paper, to furnish such evidence of his identity as the presiding officer may consider necessary and to make and subscribe all or any of the prescribed declarations.
(2)  Every such declaration shall be exempt from stamp duty.
(3)  If any person fails to furnish such evidence of his identity or refuses to make any prescribed declaration, the presiding officer may refuse to give him a ballot paper.
(4)  If any person wilfully makes a false statement in any prescribed declaration, he 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.
[11/2010]
Spoilt ballot papers
28.
—(1)  A voter who has inadvertently dealt with his 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 (referred to in this Act as a spoilt ballot paper).
(2)  The spoilt ballot paper shall be immediately cancelled by the presiding officer.
Tendered votes
29.
—(1)  If a person representing himself 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 shall be in the prescribed form, shall be entitled to receive a ballot paper and to vote in the same manner as any other voter.
(2)  The ballot paper (referred to in this Act as a tendered ballot paper) shall be of a colour different from the other ballot papers, and, before being placed in a ballot box, shall be endorsed by the presiding officer with the name of the voter and his number in the register, and that number shall be entered on a tendered votes list.
Closing of poll
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 shall be allowed to record his vote.
Procedure on closing of poll
31.
—(1)  As soon as practicable after the close of the poll, the presiding officer of each polling station shall, in the presence of such of the candidates and their polling agents as attend, make up into separate packets, sealed with his 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 shall be secured by the presiding officer and sealed with his 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 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.
(4)  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.
[12/93]
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 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.
[12/93; 19/2001]
(1A)  The votes cast at all overseas polling stations shall be counted at such place or places in Singapore as the Returning Officer directs.
[19/2001]
(2)  The Returning Officer shall give notice in writing of his direction under subsection (1) or (1A) to each candidate or his principal election agent not less than 2 clear days before polling day.
[12/93; 18/99; 19/2001]
(3)  Where polling at all polling stations established for the purposes of a poll is postponed under section 36C, the conduct of the counting of votes cast for the election shall stand postponed until such other time as the Returning Officer, by notice in writing to each candidate or his principal election agent, shall specify.
[11/2010]
(4)  Where polling at any polling station established for the purposes of a poll is temporarily suspended, adjourned and postponed or abandoned and re-started under section 36C, the conduct of the count in respect of votes cast at the other polling stations which are specified in the direction under this section to be counted at the same counting place as votes cast at the first-mentioned polling station shall, even though the poll at the other polling stations has closed, stand postponed until such other time as the Returning Officer, by notice in writing to each candidate or his principal election agent, shall specify.
[11/2010]
Counting votes
32.
—(1)  Each candidate or any of his election agents may appoint an agent (referred to in this Act as the counting agent) to attend the counting of the votes and shall give written notice of the name and address of the counting agent so appointed to the Returning Officer.
[18/99]
(2)  Each candidate or any of his election agents 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).
[12/93; 18/99]
(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 conducted in Singapore; or
(b)
where more than one counting place is specified in a direction made under section 31A(1), 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 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.
[19/2001]
(3)  The Returning Officer, his 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, he or a person authorised by him shall, 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 Returning Officer, while counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the backs of the papers.
(6)  The Returning Officer shall so far as practicable proceed continuously with counting the votes and shall endorse “rejected” on any ballot paper which he may reject as invalid.
(7)  The Returning Officer shall not count the tendered ballot papers but shall place them in separate packets according to the candidate whom they support and shall mark each packet with the name of the candidate and shall seal the packet and retain it unless it is required for the purposes of an application under section 71.
[42/2005]
(8)  Where only one counting place is specified in a direction made under section 31A(1), the Returning Officer shall, 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 allowed 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 shall declare the candidate to whom the greatest number of votes is given to be elected; or
(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 shall 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.
[19/2001]
(8A)  Where more than one counting place is specified in a direction made under section 31A(1), the Returning Officer shall, immediately after the counting of votes cast in Singapore is completed at the counting place under his charge and, if a recount thereof is allowed 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 (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 certify that record;
(c)
transmit to the principal counting place, by any means available, the results of the counting of votes at his 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.
[12/93; 42/96; 19/2001]
(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 principal election agents,
may be present at the principal counting place during the addition of the votes.
[12/93; 18/99]
(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.
[12/93; 18/99]
(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 allowed under section 32B, after that recount is completed, the Returning Officer shall 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 shall declare the candidate to whom the greatest number of votes is given to be elected; or
(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 shall 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.
[19/2001]
(9)  When, after the counting of votes (including any recount allowed 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 shall be deemed to have been given shall be made by lot in the presence of the Returning Officer in such manner as the Returning Officer shall determine.
[19/2001]
(10)  After the Returning Officer has made any declaration under subsection (8) or (8D), he shall 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 shall be sealed up in separate packets and placed in any ballot box or boxes;
(b)
the ballot box or boxes shall 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 shall 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 shall be retained in safe custody for a period of 6 months; and
(e)
the ballot papers and other documents shall be destroyed at the end of the period of 6 months unless otherwise directed by order of the President.
[19/2001]
(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 shall make such an order unless he 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.
[12/93; 42/2005]
(12)  Except as provided in this section, no person shall be allowed to inspect any such ballot paper or document after it has been sealed up in pursuance of subsection (10).
Counting of votes by overseas electors
32A.
—(1)  All the sealed ballot boxes containing the votes cast at any overseas polling station must arrive at the office of the Returning Officer in Singapore not later than 10 days after polling day at an election in order for those votes to be counted.
[19/2001]
(2)  The Returning Officer shall make arrangements for the votes cast by overseas electors to be counted at such place or places in Singapore as he directs under section 31A(1A).
[19/2001]
(3)  Subject to subsection (1), such arrangements shall provide for the counting of votes cast by overseas electors in the presence of the candidates and their counting agents as attend as soon as practicable after all the sealed ballot boxes used at overseas polling stations during the poll have been received by the Returning Officer in Singapore.
[19/2001]
(4)  Sections 32, 32B and 33 shall apply to the counting (including recounting, if any) of the votes cast by overseas electors.
[19/2001]
(5)  Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b), the number of votes given by overseas electors to each candidate shall be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate, and the Returning Officer shall immediately declare the candidate to whom the greatest total number of votes is given to be elected.
[19/2001]
(6)  After the Returning Officer has made any declaration under subsection (5), he shall 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 votes of overseas electors are counted shall be sealed up in separate packets and placed in any ballot box or boxes;
(b)
the ballot box or boxes shall 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 shall be despatched and delivered in safe custody to the Returning Officer;
(d)
subject to section 32(11), the ballot papers and other documents in the sealed ballot box or boxes shall be retained in safe custody for a period of 6 months; and
(e)
the ballot papers and other documents shall be destroyed at the end of the period of 6 months unless otherwise directed by order of the President.
[19/2001]
Recounting of votes
32B.
—(1)  Subject to subsections (3) and (4), any candidate at an election or his counting agent may —
(a)
if he is present at the sole counting place specified for the election and the counting of votes at that counting place is completed; or
(b)
if he is present at the principal counting place specified for the election and the votes counted at all counting places for that election have been added at that principal counting place,
apply to the Returning Officer to have the votes given at the election recounted.
[19/2001]
(2)  Subject to subsections (3) and (4), the Returning Officer shall allow and conduct the recounting of votes if an application for a recount is made under this section.
[19/2001]
(3)  Not more than one application to recount the votes given at any election shall be made or allowed under this section.
[19/2001]
(4)  Without prejudice to subsection (3), no application for a recount shall be made and no recount shall be allowed under this section where the difference between the number of votes given to the candidate with the most votes and the number cast for any other candidate is more than 2% of the total number of votes cast (excluding rejected votes and tendered votes) at the election.
[19/2001]
(5)  No step shall be taken under section 32 to declare any candidate elected until the candidates or counting agents present at the sole counting place or the principal counting place, as the case may be, have been given a reasonable opportunity to exercise the right conferred by this section.
[19/2001]
(6)  Where an application for a recounting of votes is allowed by the Returning Officer, the votes at the counting place or, if there are more than one, at every counting place shall be recounted and added following the same procedure set out in sections 32 and 33.
[19/2001]
(7)  This section and section 33 shall apply to the recounting of votes cast by overseas electors with such modifications as are necessary.
[19/2001]
Votes to be rejected
33.
—(1)  The Returning Officer shall 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; and
(e)
any ballot paper which is void for uncertainty.
[18/99]
(2)  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 he gives his vote, the Returning Officer shall 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.
(3)  Before rejecting a ballot paper, the Returning Officer shall show it to each candidate or his counting agent if present and hear his 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 whether or not any ballot paper shall be rejected shall be final and shall not be questioned on an application under section 71.
[42/2005]
Approval of DRE voting systems
33A.
—(1)  No DRE voting system shall 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.
[19/2001]
(2)  The Auditor-General or person appointed under subsection (1) shall not approve any DRE voting system for use at any election unless, after conducting such tests as he considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he 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 shall be 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 that shall not allow for identification of any voter.
[19/2001]
(3)  Subject to subsection (1), no DRE voting system shall 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.
[19/2001]
(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.
[19/2001]
Approval of DRE voting machines and equipment
33B.
—(1)  It shall be the duty of the Returning Officer to provide at each polling station within every electoral division specified in his 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 any regulations made thereunder; 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.
[19/2001]
(2)  Not earlier than 4 clear days before polling day, the Auditor-General or person appointed by the Minister under section 33A(1) shall 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 is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he shall 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 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 shall 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 his election agent who requests such a copy before polling day.
[19/2001]
(3)  Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) shall 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 election agent or polling agent as may be present at those premises on that date and time.
[19/2001]
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 shall, 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.
[19/2001]
(2)  The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll shall periodically inspect or cause to be inspected the machines and equipment for tampering and damage or any malfunction while voting is in progress.
[19/2001]
(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 shall, 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.
[19/2001]
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 shall be conducted in the same manner as that in which voting is conducted under sections 17 to 34, and shall be regarded as a poll for the purposes of this Act.
[19/2001]
(2)  The ballot image displayed on any approved DRE voting machine at any poll shall be an identical representation in electronic form of the ballot paper used at the poll.
[19/2001]
(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.
[19/2001]
Publication of result and statement of poll in the 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 32A(5), as the case may be, the Returning Officer shall immediately compile a statement of the poll in the prescribed form and shall cause the statement and the name of the person elected to the office of President to be published in the Gazette.
[19/2001]
(2)  Notwithstanding 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 term of office, the Prime Minister shall immediately issue a fresh writ under section 6 and the provisions of this Act shall, with the necessary modifications, apply to that writ.
Failure to comply with provisions of this Act
35.
—(1)  No election shall be 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 shall 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, or at the counting of the votes, shall, before so attending, make an oath of secrecy, substantially in the prescribed form.
(2)  The Returning Officer shall have power to administer any oaths required to be taken under subsection (1).
(3)  Every officer, clerk, interpreter, candidate and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in the station, and shall 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.
(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 his agent authorised to attend at the polling station.
(4)  No officer, clerk, interpreter, candidate or agent in attendance at a polling station, and no person shall —
(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 shall maintain and aid in maintaining the secrecy of the voting, and shall 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, shall 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 vote and before he records his vote at the machine, as the case may be.
[19/2001]
(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.
[11/2010]
Postponement and adjournment of elections
Postponement of nomination day, etc.
36A.
—(1)  Notwithstanding any other provision of this Act, at any time before the nomination day for any election, the Prime Minister may postpone nomination day to another day, or change the place of nomination, because of —
(a)
riot or open violence;
(b)
the threat of riot or open violence;
(c)
storm, tempest, flood or an occurrence of a similar kind;
(d)
a health hazard;
(e)
a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f)
any other reason related to the safety of assistants, clerks, candidates and other persons authorised under section 11 to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings.
[11/2010]
(2)  Any postponement of nomination day to another day, or any change in the place of nomination, under subsection (1) shall be —
(a)
by notice published in the Gazette describing the postponement of nomination day or the change in the place of nomination, as the case may be; or
(b)
if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity to the general public describing the postponement of nomination day or the change in the place of nomination, as the case may be,
and any postponement or change so made shall be valid and sufficient and any date or place provided for in lieu of a date or place fixed by the writ shall be deemed to be the nomination day or place of nomination so fixed, as the case may be.
[11/2010]
Change in hours for nomination of candidates, etc.
36B.
—(1)  Notwithstanding any other provision of this Act but subject to subsection (3), at any time before the nomination day for any election, the Returning Officer may change the hours for nomination proceedings to another time, because of —
(a)
riot or open violence;
(b)
the threat of riot or open violence;
(c)
storm, tempest, flood or an occurrence of a similar kind;
(d)
a health hazard;
(e)
a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f)
any other reason related to the safety of assistants, clerks, candidates and other persons authorised under section 11 to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings.
[11/2010]
(2)  Any change in the hours for nomination proceedings to another time under subsection (1) shall be —
(a)
by notice published in the Gazette describing the change in the hours for nomination proceedings; or
(b)
if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity to the general public describing the change in the hours for nomination proceedings,
and any change so made shall be valid and sufficient.
[11/2010]
(3)  In changing the hours for nomination proceedings under subsection (1), the Returning Officer may specify such other times in the day but —
(a)
shall specify a period of one hour for the Returning Officer to receive nomination papers;
(b)
shall specify a period of 90 minutes for the making of objections to any nomination paper; and
(c)
shall specify the latest time by which a candidate must make his deposit for the purposes of section 10, may correct errors in the nomination papers and may withdraw his candidature.
[11/2010]
(4)  Any changes in time under subsection (1) in lieu of the hours fixed by the notice of the issue of the writ under section 7 for an election shall be deemed to be the hours for nomination proceedings so fixed, and sections 9 to 15 shall apply with such modifications as are necessary.
[11/2010]
Adjournment, etc., of polling
36C.
—(1)  Notwithstanding any other provision of this Act, if at any time before the polling day appointed in respect of an election, it appears to the Returning Officer that the polling at all polling stations established for the purposes of the poll is likely to be obstructed, disrupted, undermined or seriously affected because of —
(a)
riot or open violence;
(b)
the threat of riot or open violence;
(c)
storm, tempest, flood or an occurrence of a similar kind;
(d)
a health hazard;
(e)
a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f)
any other reason related to the safety of presiding officers, clerks, interpreters, polling agents or voters within any polling station, or to difficulties in the physical conduct of voting,
which has arisen or is likely to arise before or during the polling at all of those polling stations, the Returning Officer may postpone the polling day for that election to another day, except that the postponed poll must be within the time delimited by Article 17(3) of the Constitution.
[11/2010]
(2)  Notwithstanding any other provision of this Act, if at any time before or during the conduct of polling in respect of an election, it appears to the Returning Officer that the polling at any polling station established for the purposes of the poll is likely to be obstructed, disrupted, undermined or seriously affected because of —
(a)
riot or open violence;
(b)
the threat of riot or open violence;
(c)
storm, tempest, flood or an occurrence of a similar kind;
(d)
a health hazard;
(e)
a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f)
any other reason related to the safety of presiding officers, clerks, interpreters, polling agents or voters within the polling station, or to difficulties in the physical conduct of voting,
which has arisen or is likely to arise before or during the polling at that polling station, the Returning Officer may, subject to subsection (3), do one of the following:
(i)
temporarily suspend the polling at that polling station for a period not exceeding 2 hours, with or without changing the location of that polling station;
(ii)
adjourn and postpone the polling at that polling station to another day, with or without changing the location of that polling station;
(iii)
wholly abandon and re-start the polling at that polling station on another day, with or without changing the location of that polling station;
(iv)
terminate the polling at that polling station early;
(v)
in the case of polling at an overseas polling station, abandon the poll at the polling station if he is satisfied that polling thereat cannot start or be resumed or completed.
[11/2010]
(3)  Any poll at an overseas polling station, if resumed or held in place of a postponed poll thereat, must close not later than the close of the poll on polling day in Singapore, and any poll held in place of a postponed poll at any polling station must be within the time delimited by Article 17(3) of the Constitution.
[11/2010]
(4)  In exercising any power under subsection (1) or (2), the Returning Officer shall —
(a)
by notification published in the Gazette declare the temporary suspension, adjournment, postponement, abandonment, re-start or early termination (as the case may be) of polling at the polling station concerned and, where applicable, specify the date and time on and at which polling at that polling station is to resume, re-start or be held in place of the suspended, adjourned, postponed or abandoned poll, as the case may be; or
(b)
if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity to the general public for the temporary suspension, adjournment, postponement, abandonment, re-start or early termination (as the case may be) of the polling and, where applicable, the date and time on and at which polling at that polling station is to resume, re-start or be held in place of the suspended, adjourned, postponed or abandoned poll, as the case may be,
and any postponement, resumption, re-start or other change so made shall be valid and sufficient and any date or place provided for in lieu of a date or place fixed by the notice of contested election shall be deemed to be the polling day or polling place so fixed, as the case may be.
[11/2010]
(5)  If, in exercising any power under subsection (2), the Returning Officer changes the location of any polling station, the notice given under subsection (4) shall also contain the address of the re-located polling station.
[11/2010]
(6)  Any temporary suspension, adjournment, postponement, abandonment, re-start or early termination, as the case may be, of polling at a polling station pursuant to the exercise of any power under subsection (1) or (2) shall be carried out in the prescribed manner.
[11/2010]
(7)  Nothing in this section shall restrict the exercise of any power under section 33C(3).
[11/2010]
Voting at adjourned polling
36D.  Where for any reason the polling at any polling station established for the purposes of the poll is so suspended or postponed under section 33C(3) or 36C, only those electors —
(a)
who are registered electors;
(b)
who are entitled to vote as electors at that polling station; and
(c)
who have not already voted,
shall be entitled to vote on the date and time on and at which polling at that polling station is to resume or to be held in place of the postponed poll, as the case may be.
[11/2010]
Adjournment, etc., of counting
36E.
—(1)  Notwithstanding any other provision of this Act, if at any time before or during the counting of votes in respect of an election, it appears to the Returning Officer that the counting of votes at any counting place is likely to be obstructed, disrupted, undermined or seriously affected because of —
(a)
riot or open violence;
(b)
the threat of riot or open violence;
(c)
storm, tempest, flood or an occurrence of a similar kind;
(d)
a health hazard;
(e)
a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f)
any other reason related to the safety of assistants, clerks counting the votes and candidates or their counting agents present in the counting place, or to difficulties in the physical conduct of counting,
which has arisen or is likely to arise before or during the counting of votes at that counting place, the Returning Officer may —
(i)
temporarily suspend the counting at that counting place for a period not exceeding 2 hours, with or without changing the location of that counting place;
(ii)
adjourn and postpone the counting at that counting place to another day, with or without changing the location of that counting place;
(iii)
wholly abandon the counting of votes at that counting place if he is satisfied that counting thereat cannot be resumed or completed and that the number of votes to be counted will not affect the result of the election, and in the case of an abandoned recount of votes at that counting place, declare the election results using the results of the first count; or
(iv)
wholly abandon the counting of votes at that counting place and re-start (within the time delimited by Article 17(3) of the Constitution) the polling at all polling stations which are specified in the direction under section 31A to be counted at that counting place and the counting of the votes cast thereat, if he is satisfied that counting thereat cannot be resumed or completed and that the number of votes to be counted will affect the result of the election.
[11/2010]
(2)  In exercising any power under subsection (1), the Returning Officer shall —
(a)
announce to such of the candidates and their counting agents attending the counting of the votes at the counting place concerned, the temporary suspension, adjournment, postponement or abandonment (as the case may be) of counting of votes at the counting place and where applicable, the date and time on and at which counting of votes at that counting place is to resume or to be held in place of the suspended, adjourned, postponed or abandoned count, as the case may be; and
(b)
by notice published in the Gazette declare the temporary suspension, adjournment, postponement or abandonment (as the case may be) of counting of votes at the counting place concerned and where applicable, specify the date and time on and at which counting of votes at that counting place is to resume or to be held in place of the suspended, adjourned, postponed or abandoned count, as the case may be.
[11/2010]
(3)  If, in exercising any power under subsection (1), the Returning Officer changes the location of any counting place, the announcement and notice given under subsection (2) shall also contain the address of the re-located counting place.
[11/2010]
(4)  Before every temporary suspension of the counting of votes at any counting place —
(a)
all counted ballot papers, uncounted ballot papers and all other documents relating to the counting of votes at the counting place shall be sealed up in separate packets and placed in any ballot box or boxes; and
(b)
those ballot box or boxes shall 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.
[11/2010]
(5)  Before resuming the counting of votes following any temporary suspension or adjournment of counting, the Returning Officer or a person authorised by him shall, in the presence of such of the candidates and their counting agents as attend, show each ballot box with such seals unbroken before taking out the uncounted ballot papers therein.
[11/2010]
(6)  Any temporary suspension, adjournment, postponement or abandonment of the counting of votes at any counting place pursuant to the exercise of any power under subsection (1), and the resumption of counting of votes or polling in place of the suspended, adjourned, postponed or abandoned count, shall be carried out in the prescribed manner.
[11/2010]
(7)  In this section, any reference to counting of votes includes a reference to the recounting of votes.
[11/2010]
Adjournment, etc., of adding of counted votes
36F.
—(1)  Notwithstanding any other provision of this Act, if at any time before or during the adding of all the counted votes cast in respect of an election, it appears to the Returning Officer that the adding of those votes at the principal counting place is likely to be obstructed, disrupted, undermined or seriously affected because of —
(a)
riot or open violence;
(b)
the threat of riot or open violence;
(c)
storm, tempest, flood or an occurrence of a similar kind;
(d)
a health hazard;
(e)
a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f)
any other reason related to the safety of assistants, clerks adding the votes and candidates or their election agents present in the principal counting place or to difficulties in the physical conduct of adding the counted votes,
which has arisen or is likely to arise before or during the addition of votes at the principal counting place, the Returning Officer may —
(i)
temporarily suspend the addition of votes at the principal counting place for a period not exceeding 2 hours, with or without changing the location of the principal counting place; or
(ii)
adjourn and postpone the addition of votes at the principal counting place to another day, with or without changing the location of the principal counting place.
[11/2010]
(2)  In exercising any power under subsection (1), the Returning Officer shall —
(a)
announce to such of the candidates and their election agents attending the addition of the votes at the principal counting place, the temporary suspension, adjournment or postponement (as the case may be) of addition of votes at the principal counting place and where applicable, the date and time on and at which addition of votes at the principal counting place is to resume or to be held in place of the suspended, adjourned or postponed addition of votes, as the case may be; and
(b)
by notice published in the Gazette declare the temporary suspension, adjournment or postponement (as the case may be) of the addition of the votes at the principal counting place and where applicable, specify the date and time on and at which addition of votes at the principal counting place is to resume or to be held in place of the suspended, adjourned or postponed addition of votes, as the case may be.
[11/2010]
(3)  If, in exercising any power under subsection (1), the Returning Officer changes the location of the principal counting place, the announcement and notice given under subsection (2) shall also contain the address of the re-located principal counting place.
[11/2010]
(4)  Any temporary suspension, adjournment or postponement (as the case may be) of the addition of votes at the principal counting place pursuant to the exercise of any power under subsection (1), and the resumption of the addition of votes or the addition of votes in place of the suspended, adjourned or postponed addition, shall be carried out in the prescribed manner.
[11/2010]
PART III
OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
Chapter 1 —
Offences
Offences
37.
—(1)  Every person who —
(a)
forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Returning Officer any nomination paper knowing it to be forged;
(b)
forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper;
(c)
without due authority supplies any ballot paper to any person;
(d)
sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person;
(e)
not being a person entitled under this Act to be in possession of any ballot paper which has been marked with the official mark in accordance with this Act, has any such ballot paper in his possession;
(f)
puts into any ballot box anything other than the ballot paper which he is authorised by law to put in;
(g)
without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station;
(h)
without due authority destroys, takes, opens, or otherwise interferes with any ballot box, packet of ballot papers or any DRE voting machine or direct recording electronic voting equipment approved under section 33B(2) in use or intended to be used for the purposes of an election;
(i)
without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; or
(j)
manufactures, constructs, imports into Singapore, has in his possession, supplies or uses for the purpose of an election, or causes to be manufactured, constructed, imported into Singapore, supplied or used for the purpose of any election, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election,
shall be guilty of an offence and shall be liable on conviction by a District Court to a fine and to imprisonment for a term not exceeding 5 years and shall become incapable for a period of 7 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament.
[18/94; 19/2001; 11/2010]
(2)  Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence.
(3)  Every offence under this section shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
(4)  In a prosecution for an offence in relation to a nomination paper, ballot box, ballot paper, DRE voting machine, direct recording electronic voting equipment or marking instrument at an election, the property in the nomination paper, ballot box, ballot paper, DRE voting machine, direct recording electronic voting equipment or marking instrument, as well as the property in the counterfoil of any ballot paper, may be stated to be in the Returning Officer at that election.
[19/2001]
(5)  A prosecution for an offence under this section shall not be instituted without the consent of the Public Prosecutor.
Chapter 2 —
Corrupt Practices
Personation
38.
—(1)  Every person who —
(a)
at an election applies for a ballot paper or to record his vote at a DRE voting machine in the name of some other person, whether that name be that of a person living or dead or of a fictitious person; or
(b)
having voted once at any such election, applies at the same election for a ballot paper or to record his vote at a DRE voting machine in his own name,
shall be guilty of the offence of personation.
[19/2001]
(2)  The offence of personation under this section shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
Treating
39.
—(1)  A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly, gives or provides, or pays wholly or in part the expense of giving, any food, drink, refreshment, cigarette, entertainment or other provision or thing or any money or ticket or other means or device to enable the procuring of any such food, drink, refreshment, cigarette, entertainment or other provision or thing, to or for any person —
(a)
for the purpose of corruptly influencing that person or any other person to vote or refrain from voting;
(b)
for the purpose of inducing that person to attend or remain at any election meeting;
(c)
on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at the election; or
(d)
on account of any such person having attended an election meeting.
(2)  A person shall also be guilty of treating if he corruptly accepts or takes any such food, drink, refreshment, cigarette, entertainment or other provision or thing or any such money or ticket or who adopts any other means or device to enable the procuring of such food, drink, refreshment, cigarette, entertainment or other provision or thing.
Undue influence
40.  Every person who —
(a)
directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting at any election; or
(b)
by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces or prevails upon any elector or voter either to vote or refrain from voting at any election,
shall be guilty of the offence of undue influence.
Bribery
41.  Every person who —
(a)
directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act;
(b)
directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or voter or to or for any person on behalf of any elector or voter, or to or for any other person, in order to induce that elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act;
(c)
directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement referred to in paragraph (a) or (b) to or for any person in order to induce that person to procure or endeavour to procure the return of any person as President, or the vote of any elector or voter at any election under this Act;
(d)
directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement to or for any person who is assisting or has promised to assist a candidate at an election to induce that person to refrain from assisting that candidate;
(e)
upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, promises or endeavours to procure, the return of any person as President, or the vote of any elector or voter at an election under this Act;
(f)
advances or pays or causes to be paid any money to or to the use of any other person with the intent that the money or any part thereof shall be expended in bribery at any election under this Act, or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;
(g)
being an elector or voter, before or during any election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election;
(h)
after any election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election;
(i)
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 at an election, or on account of and as payment for his having assisted or agreed to assist any candidate, at an election, applies to that candidate or to an agent or agents of the candidate, 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; or
(j)
directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for that other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for that other person, or to or for any person on behalf of that other person,
shall be guilty of the offence of bribery.
Punishment for corrupt practice
42.
—(1)  Every person who —
(a)
commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;
(b)
commits the offence of treating, undue influence or bribery;
(c)
prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of its printer and publisher;
(d)
makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of the candidate;
(e)
makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at the election; or
(f)
being a candidate or an election agent, knowingly makes the declaration as to election expenses required by section 56 falsely,
shall be guilty of a corrupt practice and shall on conviction by a District Court be liable —
(i)
in the case referred to in paragraph (a), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both; and
(ii)
in the case referred to in paragraph (b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both;
(iii)
in the case referred to in paragraph (c), to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both;
(iv)
in the case referred to in paragraph (d) or (e), to a fine or to imprisonment for a term not exceeding 12 months or to both; or
(v)
in the case referred to in paragraph (f), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[11/2010]
(1A)  Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament.
[18/94]
(2)  A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)(d) or (e)) shall not be instituted without the consent of the Public Prosecutor.
(3)  Without prejudice to section 38, every offence of undue influence or bribery under section 40 or 41, and every other corrupt practice under subsection (1)(c), (d) or (e) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
Chapter 3 —
Election Agent, Election Expenses and Illegal Practices
Nomination of election agents
43.
—(1)  On or before nomination day at an election, not more than 20 persons shall be named in writing by or on behalf of each candidate as his election agents for that election.
[18/99]
(2)  A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Act, both as a candidate and as an election agent.
(2A)  On or before nomination day at an election, not more than one principal election agent for that election shall be appointed by the candidate from among his election agents for that election.
[18/99]
(3)  On or before nomination day, the names and addresses of the principal election agent and every election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the Returning Officer.
(3A)  The Returning Officer shall immediately, by affixing a notice in a conspicuous place outside his office, give public notice of the names and addresses of the principal election agent and every election agent so declared.
[18/99]
(4)  The appointment of a principal election agent or an election agent, whether the person so appointed be any of the candidates or not, may be revoked.
[18/99]
(5)  In the event of such revocation or of the death of a principal election agent or an election agent, as the case may be, whether the event is before, during or after the election, another principal election agent shall or another election agent may then immediately be appointed.
[18/99]
(6)  The name and address of the other principal election agent or election agent appointed under subsection (5) shall be declared in writing to the Returning Officer, who shall immediately give public notice of the name and address in accordance with subsection (3A).
[18/99]
Person convicted of corrupt practice not to be appointed election agent
44.  No person shall be appointed an election agent if he has, within 7 years prior to such appointment, been convicted of any corrupt practice under this Act or the Parliamentary Elections Act (Cap. 218).
Making of contracts through election agent
45.
—(1)  Every polling agent, clerk and messenger employed for payment on behalf of a candidate at an election shall be appointed by his principal election agent or any of his election agents.
[18/99]
(1A)  Every committee-room hired on behalf of a candidate shall be hired by his principal election agent or any of his election agents.
[18/99]
(1B)  The principal election agent or election agent, as the case may be, shall inform the presiding officer at each polling station in writing of the name of the polling agent or agents he has appointed under subsection (1) to act at that polling station before the person is admitted to the polling station.
[18/99]
(2)  A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at the election unless made by the candidate or any of his election agents.
[18/99]
(3)  Inability under this section to enforce a contract against a candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice committed by his agent.
Payment of expenses through election agent
46.
—(1)  Except as permitted by or in pursuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during, or after the election, in respect of any expenses incurred on account of or in respect of the conduct or management of the election otherwise than by or through any election agent of the candidate.
(1A)  All money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance or deposit, shall be paid to the candidate or any of his election agents and not otherwise.
[18/99]
(2)  Subsections (1) and (1A) shall not apply to any payment by the Returning Officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if the sum is not repaid to him.
(3)  A person who makes any payment, advance or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid shall be guilty of an illegal practice.
Period for sending in claims and making payments for election expenses
47.
—(1)  Every payment of $10 or more made by an election agent in respect of any expenses incurred on account of or in respect of the conduct and management of an election shall, except where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt.
(2)  Every claim against a candidate at an election or any of his election agents in respect of any expenses incurred on account of or in respect of the conduct or management of the election, which is not sent in to the election agent within the time limited by this Act, shall be barred and shall not be paid.
(2A)  Subject to such exception as may be allowed in pursuance of this Act, an election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice.
[18/99]
(3)  Except as otherwise provided by this Act, the time limited by this Act for sending in claims shall be 14 days after the date of publication of the result of the election in the Gazette under section 34.
(4)  All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of the election, shall be paid within the time limited by this Act and not otherwise.
(4A)  Subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a payment in contravention of subsection (4) shall be guilty of an illegal practice.
(5)  Except as otherwise provided by this Act, the time limited by this Act for the payment of the expenses referred to in subsection (4) shall be 28 days after the date of publication of the result of the election in the Gazette under section 34.
(6)  Where it has been proved to the satisfaction of the Election Judge by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of the candidate, the election of the candidate shall not be void, nor shall the candidate be subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.
(7)  If any election agent in the case of any claim sent in to him within the time limited by this Act disputes it, or refuses or fails to pay it within the period of 28 days, the claim shall be deemed to be a disputed claim.
[18/99]
(8)  The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by a candidate or any of his election agents in pursuance of the judgment or order of that court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by any election agent.
[18/99]
(9)  On cause shown to the satisfaction of an Election Judge, the Judge, on application by the claimant or by the candidate or any of his election agents, may by order give leave for the payment by the candidate or any of his election agents of a disputed claim, or of a claim for those expenses, although the claim was sent in after the time in this section mentioned for sending in claims or was sent in to the candidate and not to any election agent.
[12/93; 18/99]
(10)  Any sum specified in any order of leave under subsection (9) may be paid by the candidate or any of his election agents; and when paid in pursuance of that leave shall be deemed to be paid within the time limited by this Act.
[18/99]
Remuneration of election agent
48.
—(1)  So far as circumstances admit, this Act shall apply to a claim for his remuneration by an election agent and to the payment thereof in like manner as if he were any other creditor.
(2)  If any difference arises respecting the amount of the claim, the claim shall be a disputed claim within the meaning of this Act, and be dealt with accordingly.
Personal expenses of candidate and petty expenses
49.
—(1)  Any candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election to an amount not exceeding $1,000, but any further personal expenses so incurred by him shall be paid by his principal election agent.
[18/99]
(2)  The candidate shall send to his principal election agent, within the time limited by this Act for sending in claims, a written statement of the amount of personal expenses paid by the candidate.
[18/99]
(3)  The personal expenses of a candidate shall include his reasonable travelling expenses and the reasonable expenses of his living at hotels or elsewhere for the purposes of the election.
(4)  Any person may, if so authorised in writing by any election agent of the candidate, pay any necessary expense for stationery, postage, telegrams, and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.
[18/99]
(5)  A statement of the particulars of payments made by any person so authorised shall be sent to the principal election agent within the time limited by this Act for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.
[18/99]
Expenses in excess of maximum to be illegal practice
50.
—(1)  Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by any candidate at any election or any of his election agents, whether before, during, or after an election, on account of or in respect of the conduct or management of the election, in excess of $600,000 or an amount equal to 30 cents for each elector on the registers, whichever is the greater.
(1A)  There shall not be included in the amount specified in subsection (1) any expenditure incurred by the candidate for his personal expenses, nor the fee, if any, paid to any election agent not exceeding $500.
[18/99]
(2)  Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.
(3)  The Minister may by order amend the amount specified in subsection (1) and every such order shall be presented to Parliament as soon as possible after publication in the Gazette.
(4)  Where a writ of election has been issued under section 6 for an election, no order under subsection (3) shall be made until after nomination day or, if a poll is to be taken, until after polling day of that election.
Certain expenditure to be illegal practice
51.
—(1)  No payment or contract for payment shall, for the purpose of promoting or procuring the election of any candidate at any election, be made —
(a)
on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway or other fares, or otherwise; or
(b)
to or with an elector or voter on account of the use of any house, land, building or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address, bill or notice.
(2)  Notwithstanding anything in subsection (1) —
(a)
where it is the ordinary business of an elector or voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with the elector or voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section; and
(b)
where electors or voters are unable at an election to reach their polling stations from their place of residence without crossing the sea, means may be provided for conveying those electors or voters by sea to their polling stations and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act.
Plural voting
52.
—(1)  Any person who votes as an elector —
(a)
in or in respect of an electoral division other than the electoral division in which he is registered;
(b)
more than once at any election in or in respect of the same electoral division in which he is registered as an elector; or
(c)
in or in respect of more than one electoral division at an election,
shall be guilty of an illegal practice.
[19/2001]
(2)  The court before which a person is convicted under this section may in its discretion in the circumstances of any particular case mitigate or remit any penalty which may be imposed in respect thereof under section 61.
Use of motor vehicles at elections
53.
—(1)  Subject to this section, a person shall not let, lend, employ, hire, borrow or use any motor vehicle for the purpose of conveyance of electors or voters to or from the poll.
(1A)  A person knowingly acting in contravention of subsection (1) shall be guilty of an illegal practice, except that the candidate shall not be liable nor shall his election be avoided for an illegal practice under this subsection committed without his consent or connivance by any person other than any of his election agents.
[18/99]
(2)  Nothing in this section shall prevent any person from employing a motor vehicle for the purpose of conveying to or from the poll himself or any member of his family.
(3)  For the purposes of subsection (2), “member of his family” means a person’s spouse, parents and children.
(4)  No person shall between 8 a.m. and 8 p.m. on polling day park a motor vehicle within 100 metres of any polling station other than a motor vehicle used for the conveyance of any sick, infirm or disabled person for such time as is reasonably necessary to enable the person to cast his vote.
(5)  Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
[11/2010]
(6)  The illegal practice and the offence under subsections (1A) and (4), respectively, shall each be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
Certain employment to be illegal
54.
—(1)  No person shall, for the purpose of promoting or procuring the election of any candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the following purposes or in the following capacities:
(a)
not more than 20 election agents;
(b)
not more than one polling agent for each polling place;
(c)
a reasonable number of clerks and messengers having regard to the area of the electoral division and the number of electors on the register of electors for the electoral division.
[18/99]
(2)  Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during or after an election, the person engaging or employing him shall be guilty of an illegal practice.
Saving for creditors
55.  The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of expenses in excess of a certain maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant that they were in contravention of this Act.
Return and declaration respecting election expenses
56.
—(1)  Within 31 days after the date of publication of the result of an election in the Gazette, the principal election agent of every candidate at that election shall transmit to the Returning Officer a true return (referred to in this Act as the return respecting election expenses), in the prescribed form, containing detailed statements as respects the candidate of —
(a)
all payments made by every election agent of the candidate together with all the bills and receipts referred to in section 47(1), which bills and receipts are in this Act included in the expression “return respecting election expenses”, and the dates of payment of all sums for which no receipt is attached;
(b)
the amount of personal expenses, if any, paid by the candidate;
(c)
the disputed claims so far as any of the election agents of the candidate are aware;
(d)
all unpaid claims, if any, of which any of the election agents of the candidate are aware in respect of which application has been made or is about to be made to an Election Judge; and
(e)
every donation accepted by every election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received.
[12/93; 18/99; 19/2005]
(2)  The return respecting election expenses shall be signed by the principal election agent and shall be accompanied by a statement made by the candidate and his principal election agent in the prescribed forms.
[18/99; 19/2005]
(3)  Any candidate or principal election agent who fails to comply with the requirements of subsection (1) or (2) shall be guilty of an illegal practice and the provisions of this section shall be in addition to and not in derogation of section 42.
[18/99]
(4)  In this section, “donation” has the same meaning as in section 3(1) of the Political Donations Act (Cap. 236), and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.
[19/2005]
Publication of receipt of return, etc.
57.
—(1)  When any return respecting election expenses and the statements made in respect thereof have been received by the Returning Officer, he shall, as soon as possible, cause a notice of the date on which the return and statements in question were received by him and of the time and place at which they can be inspected to be fixed in some conspicuous place in his office and published in the Gazette.
(2)  The Returning Officer shall —
(a)
preserve all such returns and statements with the bills and vouchers relating thereto;
(b)
at all reasonable times during 6 months next after the publication in the Gazette of the notice mentioned in this section, permit any person to inspect them and to make extracts therefrom on payment of a prescribed fee; and
(c)
on payment of another prescribed fee, supply a copy or copies of any part thereof.
(3)  After the expiration of that period of 6 months, those documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed.
Employers to allow employees reasonable period for voting
58.
—(1)  Every employer shall, on polling day, allow every elector in his employ a reasonable period for voting.
(1A)  No employer shall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from the elector any penalty by reason of the absence of the elector during that period.
(2)  Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employ of a reasonable period for voting shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
[11/2010]
Badges, symbols, etc., prohibited on polling day and eve of polling day
59.
—(1)  Subject to subsection (4), no badge, symbol, rosette, favour, set of colours, flag, advertisement, handbill, placard or poster or any replica of a voting paper shall be worn, used, carried or displayed by any person or on any motor-car, truck or other vehicle as political propaganda on polling day or on the eve of polling day at an election.
[11/2010]
(2)  The offence under subsection (3) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.
(4)  Nothing in this section shall preclude a candidate wearing on his person a replica of the symbol allotted to him under section 16.
Regulations for display of posters and banners
60.
—(1)  The Minister may make regulations to regulate the display of posters and banners in respect of an election.
(2)  Such regulations may provide for the Returning Officer to determine the number and size of posters and banners which may be displayed and for the determination of the places at which they may be so displayed.
(3)  For the purposes of this section and regulations made thereunder —
“banner” includes a flag, bunting, ensign or standard;
“poster” includes any label, set of colours, drawing, painting, advertisement, handbill or placard or any replica of a voting paper.
(4)  Any person who commits an offence under such regulations shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.
(5)  Every offence under such regulations shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
Election advertising ban
60A.
—(1)  Except as otherwise provided by or under subsection (2), no person shall, at any time on polling day or the eve of polling day at an election —
(a)
knowingly publish, or knowingly cause or permit to be published, any election advertising among any electors; or
(b)
knowingly display, or knowingly cause or permit to be displayed, any election advertising on any vehicle, thing or structure.
[11/2010]
(2)  Subsection (1) shall not apply to —
(a)
the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election;
(b)
the publication of any news relating to an election —
(i)
in a newspaper in any medium by a person permitted to do so under the Newspaper and Printing Presses Act (Cap. 206); or
(ii)
in a radio or television broadcast by a person licensed to do so under the Broadcasting Act (Cap. 28);
(c)
the telephonic or electronic transmission by an individual to another individual of the first-mentioned individual’s own political views, on a non-commercial basis;
(d)
any election advertising that was lawfully published or displayed before the start of the eve of polling day on what is commonly known as the Internet and that was not changed after its publication or display;
(e)
the continued lawful display or posting of posters or banners that have been displayed or posted before the start of the eve of polling day at any election; and
(f)
such activities or circumstances as may be prescribed by the Minister.
[11/2010]
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.
[11/2010]
(4)  It shall be a defence for a person charged with an offence under subsection (3) to prove —
(a)
that the contravention of that subsection arose from circumstances beyond his control; and
(b)
that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise,
and nothing in this subsection shall limit the operation of section 26 of the Electronic Transactions Act 2010 (Act 16 of 2010) in relation to network service providers.
[11/2010]
(5)  Every offence under this section shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
(6)  In this section, “election advertising” means any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that can reasonably be regarded as intended —
(a)
to promote or procure the electoral success at any election for one or more identifiable candidates; or
(b)
to otherwise enhance the standing of any such candidates with the electorate in connection with any election,
and such material shall be election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any candidate, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette.
[11/2010]
(7)  For the purposes of this section —
(a)
the reference to the electoral success of a candidate at any election shall be a reference to the return of the candidate at any such election; and
(b)
the reference to the doing of anything mentioned in paragraph (a) or (b) of the definition of “election advertising” in subsection (6) shall include doing so by prejudicing the electoral prospects at the election of other candidates by prejudicing the standing with the electorate of other candidates.
[11/2010]
Punishment for conviction for illegal practice
61.
—(1)  Every person who commits an illegal practice shall be guilty of an offence and shall on conviction by a District Court be liable to a fine not exceeding $2,000 and shall become incapable for a period of 3 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament.
[18/94; 11/2010]
(2)  A prosecution for an illegal practice shall not be instituted without the consent of the Public Prosecutor.
(3)  Nothing in this section shall prevent any police officer from exercising the powers conferred upon him by Division 1 of Part IV (other than section 20) and sections 34, 39, 40, 111, 258, 260, 261 and 280 of the Criminal Procedure Code 2010 (Act 15 of 2010) in the case of non-arrestable offences or from exercising his powers to prevent a continuance of any illegal practice.
Prohibition of canvassing on polling day and eve of polling day
62.
—(1)  No person shall on polling day and the eve of polling day at an election —
(a)
by word, message, writing or in any other manner endeavour to persuade any person to give or dissuade any person from giving his vote at the election; or
(b)
visit an elector at his home or place of work for any purpose in connection with the election.
[11/2010]
(2)  Any person who contravenes subsection (1) 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 12 months or to both.
[11/2010]
(3)  Notwithstanding the provisions of the Criminal Procedure Code 2010 (Act 15 of 2010) relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his office, shall be empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed.
(4)  The offence under subsection (2) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010.
[11/2010]
(5)  For the purposes of this section, any person who, on polling day or on the eve of polling day, enters or is seen at more than 2 houses or places of work of electors in the same polling district other than his own home or place or work, shall, unless he proves the contrary, be presumed to have committed an offence under subsection (1)(a) and (b).
[11/2010]
Restrictions on election meetings
62A.
—(1)  Without prejudice to sections 12 and 13 of the Public Order Act 2009 (Act 15 of 2009), and notwithstanding section 14 of that Act, all election meetings, wherever held, are prohibited on polling day and the eve of polling day at an election, and notwithstanding section 7 of that Act, no permit shall be granted under Part II of that Act for such an election meeting even if a notice under section 6 of that Act is given in respect of that election meeting.
[11/2010]
(2)  Notwithstanding section 14 of the Public Order Act 2009, an election meeting shall not take place within any public place that is designated as an unrestricted area under that section between nomination day and the day before the eve of polling day at an election (both days inclusive), unless the Commissioner of Police is notified under section 6 of that Act of the intention to hold the election meeting, and a permit is granted under section 7 of that Act in respect of that election meeting; and Part II of that Act shall apply to such an election meeting as if it does not take place within an unrestricted area.
[11/2010]
(3)  Any reference in the Public Order Act 2009 to an assembly or a procession that is unlawful under Part II of that Act shall include a reference to an election meeting —
(a)
that is held in contravention of subsection (1) or (2); or
(b)
in the case of an election meeting that takes place in an unrestricted area within the meaning of section 14 of the Public Order Act 2009 —
(i)
that is held on a date or at a time which differs from the date or time specified in relation to the election meeting in the notice given under section 6 of that Act; or
(ii)
that is not in compliance with any requirement imposed by section 8(1) of that Act or any condition imposed under section 8(2) of that Act on organisers or persons taking part in that election meeting.
[11/2010]
(4)  In this section, “election meeting” means a public assembly (within the meaning of the Public Order Act 2009) organised by or on behalf of a candidate nominated for election —
(a)
to promote or procure the electoral success at the election for one or more identifiable candidates; or
(b)
to otherwise enhance the standing of any such candidates with the electorate in connection with the election.
[11/2010]
Prohibition of dissuasion from voting
63.
—(1)  No person shall between nomination day and polling day (both days being inclusive) at any election, by word, message, writing or in any other manner dissuade or attempt to dissuade any person from giving his vote at the election.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[11/2010]
(3)  Notwithstanding the provisions of the Criminal Procedure Code 2010 (Act 15 of 2010) relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his office, shall be empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed.
(4)  The offence under subsection (2) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010.
[11/2010]
Undue influence at or near polling station
64.
—(1)  Subject to subsection (2), no person shall —
(a)
endeavour to establish the identity of any person entering a polling station;
(b)
check the name of any person entering a polling station on any list at the approach to a polling station;
(c)
anywhere place any desk or table or establish any office or booth for the purpose of recording particulars of voters;
(d)
wait outside any polling station on polling day, except for the purpose of gaining entry to the polling station to cast his vote;
(e)
loiter in any street or public place within a radius of 200 metres of any polling station on polling day; or
(f)
open or maintain, for the purpose of any activity directed towards promoting or procuring the election of a candidate at any election, any office in any room, building or any place whatsoever, whether open or enclosed, on polling day.
(2)  Every candidate or any of his election agents may open or maintain one office for each polling district, which shall not be within a radius of 200 metres of any polling station, and the address of every such office shall be registered by the candidate or his principal election agent with the Returning Officer before polling day.
[18/99]
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[11/2010]
(4)  The offence under subsection (3) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
Persons prohibited from conducting election activity
65.
—(1)  No person —
(a)
attending a primary or secondary school as a student;
(b)
against whom an order of supervision has been made under section 30(b) of the Criminal Law (Temporary Provisions) Act (Cap. 67);
(c)
who is an undischarged bankrupt; or
(d)
who is not a citizen of Singapore,
shall take part in any election activity.
(1A)  An individual who is not a citizen of Singapore shall not knowingly publish or display, or knowingly cause or permit to be published or displayed, any election advertising (within the meaning of section 60A) among any electors during the period beginning with the day the writ of election is issued for an election and ending with the start of the eve of polling day at the election.
[11/2010]
(2)  No person shall conduct any election activity unless he is in possession of a written authority in the prescribed form signed by a candidate or any election agent of the candidate and issued on or after nomination day.
[18/99]
(3)  Every candidate and election agent shall supply particulars in duplicate of all written authorities issued by them under subsection (2) to the Returning Officer, who shall on receipt thereof forward a copy of those particulars to the Commissioner of Police.
(4)  Any candidate or election agent shall, if so required by the Commissioner of Police, immediately withdraw and deliver to the Returning Officer the written authority given by the candidate or election agent to any person who is stated by the Commissioner of Police to be a person in respect of whom an order of supervision has been made under section 30(b) of the Criminal Law (Temporary Provisions) Act.
(5)  Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[11/2010]
(6)  No candidate or election agent shall authorise any person to conduct an election activity, knowing or having reason to believe that the person is attending a primary or secondary school as a student or that an order of supervision has been made in respect of the person under section 30(b) of the Criminal Law (Temporary Provisions) Act.
(7)  Every offence under this section for contravening subsection (1), (1A) or (2) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
(8)  For the purposes of this section, “election activity” includes any activity which is done for the purpose of promoting or procuring the election of any candidate at any election other than clerical work wholly performed within enclosed premises.
(9)  Nothing in this section shall prohibit the carrying out by any prescribed person, or person in a prescribed class of persons, of such type of work as is prescribed, being work that is performed solely pursuant to a contract for service entered into with a person authorised to conduct election activity under this section.
[11/2010]
Unlawful assembly
66.  Where it is shown that the common object of an assembly of 5 or more persons is —
(a)
to interrupt or interfere with an election meeting; or
(b)
to go about in a group on polling day in a manner calculated to cause intimidation, alarm or annoyance to any elector, voter or candidate,
the assembly shall be deemed to be an unlawful assembly as defined in section 141 of the Penal Code (Cap. 224).
Offence to operate loudspeaker
67.
—(1)  It shall be an offence for a person to operate any loudspeaker or other instrument for the production or reproduction of any speech, sound or music in any street or public place or any premises adjoining any street or public place, so as to interfere with any election meeting or so as to cause annoyance to persons conducting or attending the meeting.
(2)  Any person who contravenes subsection (1) 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 12 months.
[11/2010]
(3)  The offence under subsection (2) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
Chapter 4 —
Excuse for Corrupt and Illegal Practice
Report exonerating candidate in certain cases of corrupt and illegal practice by agents
68.  Where, upon the hearing of an application under section 71 respecting an election under this Act, the Election Judge reports that a candidate at the election has been guilty by his agents of the offence of treating or undue influence or of any illegal practice in reference to the election, and the Election Judge further reports, after giving the Public Prosecutor an opportunity of being heard, that the candidate has proved to the court —
(a)
that no corrupt or illegal practice was committed at the election by the candidate or any of his election agents and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or any of his election agents;
(b)
that the candidate and his election agents took all reasonable means for preventing the commission of corrupt and illegal practices at the election;
(c)
that the offences mentioned in the said report were of a trivial, unimportant and limited character; and
(d)
that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents,
then the election of the candidate shall not, by reason of the offences mentioned in the report, be void.
[18/99; 42/2005]
Power of Election Judge to except innocent act from being illegal practice, etc.
69.
—(1)  Where, on application made, it is shown to an Election Judge by such evidence as seems to the Judge sufficient —
(a)
that any act or omission of a candidate at any election, or of his election agents or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of being a payment, engagement, employment, or contract in contravention of this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and
(b)
that the act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith,
and in the circumstances it seems to the Judge, after giving the candidates, the Returning Officer, and any elector an opportunity of being heard, to be just that the candidate in question and the election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of that act or omission, the Judge may make an order allowing that act or omission to be an exception from the provisions of this Act which would otherwise make the act or omission an illegal practice, payment, employment or hiring.
(2)  Upon the making of an order under subsection (1), the candidate, agent or person shall not be subject to any of the consequences under this Act of the act or omission mentioned in that subsection.
[12/93; 18/99]
Authorised excuse for non-compliance with provisions as to return and declaration respecting election expenses
70.
—(1)  Where the return and statements respecting election expenses of a candidate at an election have not been transmitted as required by this Act, or being transmitted contain some error or false statement, then —
(a)
if the candidate applies to an Election Judge and shows that the failure to transmit the return and declarations, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his illness, or of the absence, death, illness or misconduct of his principal election agent or of any election agent or any clerk or officer of the agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant; or
(b)
if the principal election agent of the candidate applies to an Election Judge and shows that the failure to transmit the return and statements which he was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his illness, or of the death, illness or misconduct of any prior principal election agent of the candidate, or of the absence, death, illness or misconduct of any election agent or any clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant,
the Election Judge may, after such notice of the application, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Election Judge seems fit, and after giving the other candidates, the Returning Officer and any elector an opportunity of being heard, make such order for allowing an authorised excuse for the failure to transmit such return and statements, or for an error or false statement in such return and statements as to the Election Judge seems just.
[12/93; 18/99]
(2)  Where it appears to the Election Judge that any person being or having been an election agent has refused or failed to make such return or supply such particulars as will enable any candidate and his principal election agent, respectively, to comply with the provisions of this Act as to the return and statements respecting election expenses, the Election Judge shall —
(a)
before making an order allowing the excuse mentioned in this section, order the person to attend before the Election Judge; and
(b)
unless the person attends and shows cause to the contrary, order the person to make the return and statements, or to deliver a statement of the particulars required to be contained in the return, as to the Election Judge appears just, and to make or deliver them within such time and to such other person and in such manner as the Election Judge may direct, or may order the person to be examined with respect to those particulars, and, in default of compliance with that order, the person shall be guilty of an illegal practice.
[18/99]
(3)  The order may make the allowance conditional upon the making of the return and statements in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge seems best calculated for carrying into effect the objects of this Act.
(4)  An order allowing an authorised excuse shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.
(5)  Where it is proved by the candidate to the Election Judge that any act or omission of the principal election agent in relation to the return and statements respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing the act or omission, the Election Judge shall relieve the candidate from the consequences of the act or omission on the part of his principal election agent.
[18/99]
(6)  The date of the order or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.
PART IV
GROUNDS FOR AVOIDING ELECTIONS
Application for avoidance of election on certain grounds
71.  The election of a candidate as President shall be declared to be void on an application made to an Election Judge on any of the following grounds which may be proved to the satisfaction of the Election Judge:
(a)
that by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred;
(b)
non-compliance with the provisions of this Act relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in those provisions and that the non-compliance affected the result of the election;
(c)
that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate;
(d)
that the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that the person had, within 7 years prior to such engagement, been convicted or found guilty of a corrupt practice under this Act or the Parliamentary Elections Act (Cap. 218);
(e)
that the candidate was at the time of his election a person disqualified for election as President.
[42/2005]
PART V
APPLICATIONS FOR AVOIDANCE OF ELECTION
Powers of Election Judge
72.
—(1)  Every application under section 71 shall be heard by an Election Judge.
[42/2005]
(2)  Witnesses shall be subpoenaed and sworn in the same manner as nearly as circumstances admit as in a trial by the High Court in the exercise of its original civil jurisdiction and shall be subject to the same penalties for the giving of false evidence.
(3)  On the hearing of an application under section 71, the Election Judge may —
(a)
by order under his hand, compel the attendance of any person as a witness who appears to him to have been concerned in the election to which the application refers; and
(b)
examine any witness so compelled to attend or any person in court, although the witness is not called and examined by any party to the application; and after the examination of a witness by the Election Judge, the witness may be cross-examined by or on behalf of the applicant and the respondent, or either of them.
[42/2005]
(4)  Any person refusing to obey the order of the Election Judge under subsection (3)(a) shall be guilty of a contempt of court.
(5)  The Election Judge shall be attended on the hearing of an application under section 71 in the same manner as if he were a Judge of the Supreme Court sitting at assizes.
[42/2005]
(6)  All interlocutory matters in connection with an application under section 71 may be dealt with and decided by an Election Judge.
[12/93; 42/2005]
Who may make application under section 71
73.  An application under section 71 may be made to the Supreme Court by any one or more of the following persons:
(a)
any person who voted or had a right to vote at the election to which the application relates;
(b)
any person claiming to have had a right to be returned or elected at the election; and
(c)
any person alleging himself to have been a candidate at the election.
[42/2005]
Relief which may be claimed
74.  A person making an application under section 71 shall be entitled to claim in the application all or any of the following relief:
(a)
a declaration that the election is void;
(b)
a declaration that the return of the person elected was undue;
(c)
a declaration that any candidate was duly elected and ought to have been returned; and
(d)
where the seat is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny.
[42/2005]
Certificate of Election Judge as to validity of election
75.
—(1)  At the conclusion of the hearing of an application under section 71, the Election Judge shall determine whether the President whose return or election is complained of, or any other and what person, was duly returned or elected, or whether the election was void, and shall certify such determination to the Prime Minister.
[42/2005]
(2)  Upon a certificate being given under subsection (1), the determination of the Election Judge under that subsection shall be final; and the return shall be confirmed or altered, or the Prime Minister shall, by notice in the Gazette, order the holding of an election within 6 months of the determination.
Report of Election Judge as to corrupt or illegal practice
76.
—(1)  At the conclusion of the hearing of an application under section 71, the Election Judge shall also report in writing to the Prime Minister —
(a)
whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his agent, and the nature of the corrupt or illegal practice (if any); and
(b)
the names and descriptions of all persons, if any, who have been proved at the hearing to have been guilty of any corrupt or illegal practice.
[42/2005]
(2)  Before any person, not being a party to an application under section 71 nor a candidate on behalf of whom the office of President is claimed by such an application, is reported by an Election Judge under this section, the Election Judge shall give the person an opportunity of being heard and of giving and calling evidence to show why he should not be so reported.
[42/2005]
(3)  The Prime Minister shall cause a copy of such report to be published in the Gazette.
Time for making application
77.
—(1)  Subject to subsections (2) and (3), every application under section 71 shall be made within 21 days of the date of publication of the result of the election in the Gazette.
[42/2005]
(2)  An application under section 71 questioning the return or the election upon the ground of a corrupt practice and specifically alleging a payment of money or other act to have been made or done since the date referred to in subsection (1) by the President whose election is questioned or by an agent of the President or with privity of the President or any of his election agents in pursuance or in furtherance of the corrupt practice may, so far as respects that corrupt practice, be made at any time within 28 days after the date of the payment or act.
[18/99; 42/2005]
(3)  An application under section 71 questioning the return or the election upon an allegation of an illegal practice may, so far as respects that illegal practice, be made within the following time:
(a)
at any time before the expiration of 14 days after the date of the publication in the Gazette of the notice required by section 57 as to the election expenses of the President whose election is questioned; or
(b)
if the application specifically alleges a payment of money or other act to have been made or done since that date by the President whose election is questioned or by an agent of the President or with the privity of the President or of any of his election agents in pursuance or in furtherance of the illegal practice alleged in the application, the application may be made at any time within 28 days after the date of the payment or other act.
[18/99; 42/2005]
(4)  An application under section 71 made in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the leave of an Election Judge within the time within which an application questioning the return or the election upon that ground may be made.
[12/93; 42/2005]
(5)  For the purposes of this section, where there is an authorised excuse for failing to make and transmit the return and statements respecting election expenses, the date of the allowance of the excuse or, if there was a failure in 2 or more particulars and the excuse was allowed at different times, the date of the allowance of the last excuse shall be substituted for the date of the publication in the Gazette of the notice mentioned in subsection (3).
Prohibition of disclosure of vote
78.  No elector who has voted at any election shall, in any proceeding to question the election, be required to state for whom he has voted.
Votes to be struck off at a scrutiny
79.
—(1)  On a scrutiny at the hearing of an application under section 71, only the following votes shall be struck off:
(a)
the vote of any person whose name was not on the register of electors assigned to the polling station at which the vote was recorded or who has not been authorised to vote at the station under section 22;
(b)
the vote of any person whose vote was procured by bribery, treating or undue influence;
(c)
the vote of any person who committed or procured the commission of personation at the election; and
(d)
votes given for any disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.
[42/2005]
(2)  The vote of a registered elector shall not be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register of electors.
(3)  On a scrutiny, any tendered vote that is proved to be a valid vote shall be added to the poll if any party to the application under section 71 applies for that vote to be so added.
[42/2005]
Rejection of ballot paper by Returning Officer not to be questioned
80.  On the making of an application under section 71, the decision of a Returning Officer whether or not a ballot paper shall be rejected under section 33 shall not be questioned.
[42/2005]
PART VI
GENERAL
Regulations
81.  The Minister may make regulations prescribing anything that is to be prescribed under the provisions of this Act and generally for the purposes of giving effect to the provisions of this Act.
Inaccurate description of persons and places
82.
—(1)  No omission and no misnomer or inaccurate description of any person or place named or described in any register, notice or other document whatsoever prepared or issued under or for the purposes of this Act shall in any way affect the operation of this Act as respects that person or place if that person or place is so designated in such register, notice or document as to be identifiable.
[19/2005]
(2)  Without prejudice to the generality of subsection (1), no nomination paper shall be rejected, and no objection shall be allowed, on account of —
(a)
any error or omission in a nomination paper in relation to the description of, or any particulars in respect of, the candidate or person seeking nomination, or his proposer or seconder or any of his assentors, if the particulars contained in the nomination paper are sufficient to identify the candidate or person seeking nomination, or his proposer, seconder or assentor, as the case may be;
(b)
any error or omission with regard to any place specified in a nomination paper, if such place is otherwise sufficiently identifiable from the particulars given in the nomination paper; or
(c)
any error or omission that is corrected before 12 noon on nomination day in accordance with section 11A.
[19/2005]
(3)  In this section —
(a)
“error” includes any misnomer, misspelling, misprint, misplacement, mistake, inaccuracy, omission, and any clerical, technical or printing error, and any error of any other description or nature; and
(b)
“particulars” and “description” each includes anything stated or required to be stated in respect of any person or place in the nomination paper.
[19/2005]
Publication of notices, etc.
83.
—(1)  Where any notice is required by this Act to be published and, in the opinion of the authority who is required to publish the notice, the prescribed mode of publication does not give sufficient publicity to the notice, he may, in addition to publishing the notice as required by this Act, exhibit copies of the notice in conspicuous places or within the electoral division to which the notice relates or take such other steps as he may consider necessary for giving publicity thereto.
(2)  Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited by any authority under subsection (1) or any document which is made available for inspection in accordance with this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[11/2010]
(3)  The offence under subsection (2) shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).
[11/2010]
Composition of offences
84.
—(1)  The Returning Officer, or any officer of the Elections Department who is authorised by the Returning Officer, may, in his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
a sum not exceeding $500,
whichever is the lower.
[19/2005]
(2)  The Minister may make regulations to prescribe the offences which may be compounded.
[19/2005]
(3)  On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
[19/2005]
(4)  All sums collected under this section shall be paid to the Consolidated Fund.
[19/2005]

LEGISLATIVE HISTORY

Presidential Elections Act
(CHAPTER 240A)
This Legislative History is provided for the convenience of users of the Presidential Elections Act. It is not part of the Act.
1.  
Date of First Reading
:
28 June 1991
(Bill No. 21/91 published on 29 June 1991)
Date of Second and Third Readings
:
29 July 1991
Date of commencement
:
2 November 1992
2.  
Date of operation
:
9 March 1992
3.  
Date of First Reading
:
26 February 1993
(Bill No. 11/93 published on 27 February 1993)
Date of Second and Third Readings
:
19 March 1993
Date of commencement
:
16 April 1993
4.  
Date of First Reading
:
25 July 1994
(Bill No. 25/94 published on 29 July 1994)
Date of Second and Third Readings
:
25 August 1994
Date of commencement
:
1 October 1994
5.  
(Related amendments made to Act by)
Date of First Reading
:
1 October 1996
(Bill No. 29/96 published on 1 October 1996)
Date of Second and Third Readings
:
28 October 1996
Date of commencement
:
12 November 1996
6.  
(Consequential amendments made to Act by)
Date of First Reading
:
14 January 1998
(Bill No. 1/98 published on 15 January 1998)
Date of Second and Third Readings
:
19 February 1998
Date of commencement
:
10 April 1998
7.  
Date of First Reading
:
20 January 1999
(Bill No. 1/99 published on 21 January 1999)
Date of Second and Third Readings
:
11 February 1999
Date of commencement
:
1 March 1999
8.  
(Consequential and related amendments made to Act by)
Date of First Reading
:
18 March 1999
(Bill No. 14/99 published on 19 March 1999)
Date of Second and Third Readings
:
15 April 1999
Date of commencement
:
14 May 1999
9.  
Date of operation
:
30 December 1999
10.  
(Related amendments made to Act by)
Date of First Reading
:
9 May 2000
(Bill No. 15/2000 published on 10 May 2000)
Date of Second and Third Readings
:
22 May 2000
Date of commencement
:
15 February 2001
11.  
(Related amendments made to Act by)
Date of First Reading
:
16 March 2001
(Bill No. 20/2001 published on 17 March 2001)
Date of Second and Third Readings
:
20 April 2001
Date of commencement
:
15 May 2001
12.  
Date of First Reading
:
18 April 2005
(Bill No. 8/2005 published on 19 April 2005)
Date of Second and Third Readings
:
16 May 2005
Date of commencement
:
6 June 2005
13.  
Date of First Reading
:
17 October 2005
(Bill No. 30/2005 published on 18 October 2005)
Date of Second and Third Readings
:
21 November 2005
Date of commencement
:
1 January 2006 (except sections 10, 12, 17(e) to (j), 19 and 20(c) and (e), items (2) to (7), (9), (11), (12), (13), (15), (16), (22), (25), (31), (34)(a) and (36) in the First Schedule and the Third Schedule)
30 January 2006 (sections 10, 12, 19 and 20(c))
1 April 2006 (items (2) to (7), (9), (11), (12), (13), (15), (16), (22), (25), (31), (34)(a) and (36) in the First Schedule and the Third Schedule)
14.  
Date of operation
:
31 March 2007
15.  
(Related amendments made to Act by)
Date of First Reading
:
21 July 2008
(Bill No. 8/2008 published on 22 July 2008)
Date of Second and Third Readings
:
25 August 2008
Date of commencement
:
3 March 2009
16.  
Date of First Reading
:
11 March 2010
(Bill No. 5/2010 published on 11 March 2010)
Date of Second and Third Readings
:
27 April 2010
Date of commencement
:
1 July 2010
17.  
(Consequential amendments made to Act by)
Date of First Reading
:
26 April 2010
(Bill No. 11/2010 published on 26 April 2010)
Date of Second and Third Readings
:
19 May 2010
Date of commencement
:
2 January 2011
18.  
Date of operation
:
15 July 2011

COMPARATIVE TABLE

Presidential Elections Act
(CHAPTER 240A)

The following provisions in the 1992 Revised Edition of the Presidential Elections Act were renumbered by the Law Revision Commissioners in the 1999 Revised Edition.

This Comparative Table is provided for the convenience of users. It is not part of the Presidential Elections Act.

1999 Ed.
1992 Ed.
3—(2) and (3)
3—(2)
(4)
(3)
4—(1) and (2)
4
8—(2) and (3)
8—(2)
10—(1) and (1A)
10—(1)
(4) and (4A)
(4)
(5) and (5A)
(5)
11—(5) and (6)
84—(1) and (2)
12—(3) and (4)
12—(3)
(5)
(4)
(6)
(5)
16—(1) and (1A)
16—(1)
(7) and (8)
(7)
20—(3) and (4)
20—(3)
(5)
(4)
21—(1) and (2)
21—(1)
(3), (4) and (5)
(2)
(6)
(3)
22—(8) and (9)
22—(8)
(10)
(9)
(11)
(10)
25—(4) and (4A)
25—(4)
27—(1) and (2)
27—(1)
(3)
(2)
(4)
(3)
28—(1) and (2)
28
29—(1) and (2)
29
31—(3) and (4)
31—(3)
32—(11) and (11A)
32—(11)
36—(3) and (3A)
36—(3)
43—(3) and (3A)
43—(3)
46—(1) and (1A)
46—(1)
47—(2) and (2A)
47—(2)
(4) and (4A)
(4)
48—(1) and (2)
48
50—(1A)
Proviso to 50—(1)
53—(1) and (1A)
53—(1)
(7) and (8)
(7)
57—(2) and (3)
57—(2)
58—(1) and (1A)
58—(1)
65—(5)
65—(6)
(6)
(7)
(7)
(8)
(8)
(5)
69—(1) and (2)
69
70—(3), (4) and (5)
70—(3)
(6)
(4)
84—(1) and (2)
84