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Contents  

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF ELECTORS AND REVISION OF REGISTERS

Part III ELECTIONS

UNCONTESTED ELECTIONS

CONTESTED ELECTIONS

POSTPONEMENT AND ADJOURNMENT OF ELECTIONS

CORRUPT PRACTICES

ELECTION AGENT, ELECTION EXPENSES AND ILLEGAL PRACTICES

EXCUSE FOR CORRUPT AND ILLEGAL PRACTICE

GROUNDS FOR AVOIDING ELECTIONS

Part IV APPLICATIONS FOR AVOIDANCE OF ELECTION

Part V GENERAL

FIRST SCHEDULE

SECOND SCHEDULE Directions for guidance of voters in voting

THIRD SCHEDULE Election expenses

FOURTH SCHEDULE Parliamentary Elections (Application for Avoidance of Election) Rules

Legislative History

Comparative Table

 
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Parliamentary Elections Act
(CHAPTER 218)

(Original Enactment: Ordinance 26 of 1954)

REVISED EDITION 2011
(15th April 2011)
An Act to make provision for Parliamentary elections.
[12th November 1954]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Parliamentary Elections Act.
Interpretation
2.
—(1)  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 any seat in Parliament;
“Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act (Cap. 201);
“contact address”, in relation to any person, means the person’s contact address under section 8(2) of the National Registration Act;
“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 in 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 a Member of Parliament;
“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 political parties, candidates or groups of candidates; or
(b)
to otherwise enhance the standing of any such political parties, candidates or groups of 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 political party or candidate, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette;
“elector” means a person whose name is entered in a register as an elector to vote at an election;
“electoral division” means an electoral division specified in the notification for the time being in force under section 8;
“general election” means a general election of Members after a dissolution of Parliament;
“group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency in accordance with section 27B;
“group representation constituency” means any electoral division declared to be a group representation constituency under section 8A(1)(a);
“Member” means a Member of Parliament;
“overseas elector” means an elector who is registered under section 13 or 13A in any register of electors as an overseas elector;
“overseas polling station” means such of the following premises situated outside Singapore as the Returning Officer may approve under section 36A(2) to be an overseas polling station:
(a)
an embassy, a High Commission, diplomatic mission, permanent mission or consulate of Singapore (or any part thereof) in a country or territory outside Singapore;
(b)
the official residence (or any part thereof) of any person who is appointed to hold or act in any of the following offices in a country or territory outside Singapore:
(i)
an ambassador, a High Commissioner, Consulate-General or head of a diplomatic mission or consulate;
(ii)
the Permanent Representative; or
(iii)
such other senior diplomatic or consular office as the Minister may, from time to time, prescribe;
“overseas registration centre” means an overseas registration centre established under section 10(4);
“Parliament” means the Parliament of Singapore established by the Constitution;
“political party” means a political party which is registered under the Societies Act (Cap. 311);
“polling district” means a part of an electoral division subdivided under section 9;
“polling station” means any polling station established by or under the authority of the Returning Officer under section 36A for voters to cast their votes at an election, and includes any overseas polling station;
“presidential election” means an election under the Presidential Elections Act (Cap. 240A);
“principal election agent” means an election agent of a candidate in a group who has been appointed under section 62(5) as the principal election agent for that group;
“public authority” means any body corporate, board or authority established by or under any written law for the performance of any public function, but excludes any Town Council constituted under the Town Councils Act (Cap. 329A);
“publish” means make available to the general public, or any section thereof, in whatever form and by whatever means, including broadcasting (by wireless telegraphy or otherwise) and transmitting on what is commonly known as the Internet;
“register” or “register of electors” means the register of electors for any particular electoral division comprising sections, each of which shall relate to a polling district of that electoral division;
“Registration Officer” and “Assistant Registration Officer” mean respectively the Registration Officer and an Assistant Registration Officer appointed under section 3;
“Returning Officer” means the Returning Officer appointed under section 3;
“Revising Officer” means a Revising Officer appointed under section 12;
“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.
[10/88; 9/91; 42/96; 18/99; 19/2001; 31/2001; 14/2008]
(2)  For the purposes of this Act —
(a)
the reference to electoral success at any election shall be a reference —
(i)
in relation to any political party, to the return at any such election of candidates or groups of candidates standing in the name of the party; and
(ii)
in relation to candidates or groups of candidates, to their return at any such election;
(b)
the reference to the doing of anything mentioned in paragraph (a) or (b) of the definition of “election advertising” shall include doing so by prejudicing the electoral prospects at the election of other political parties, candidates or groups of candidates or (as the case may be) by prejudicing the standing with the electorate of other political parties, candidates or groups of candidates; and
(c)
the reference to candidates or groups of candidates shall include a reference to any person or group of persons (whether or not a member of any political party) who, on or after the date of the issue of a writ for the election is declared, by himself or others, as seeking nomination as a candidate at that election.
[31/2001; 18/2005; 2/2007]
Appointment of officers
3.
—(1)  The Minister may appoint a Registration Officer and a Returning Officer and such Assistant Registration Officers as he may from time to time think fit.
(2)  An Assistant Registration Officer shall have all the powers and may perform all the duties of the Registration Officer.
(3)  Any reference in this Act to the Registration Officer shall, unless the context otherwise requires, be deemed to include a reference to an Assistant Registration 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 Registration Officer and the Returning Officer may, from time to time, appoint such numbers 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.
Qualification of electors
5.
—(1)  Subject to sections 6 and 7, any person who on the prescribed date in any year —
(a)
is a citizen of Singapore;
(b)
is ordinarily resident in Singapore; and
(c)
is not less than 21 years of age,
shall be entitled to have his name entered or retained in a register of electors in that year.
[42/96]
(1A)  For the purposes of subsection (1)(b), a person shall be deemed to be ordinarily resident in Singapore on the prescribed date in a year if the person has resided in Singapore for an aggregate of 30 days during the period of 3 years immediately preceding the prescribed date, even though the person is not resident in Singapore on that date.
[14/2008]
(2)  For the purposes of the preparation or revision of any register of electors a person who is a citizen of Singapore and to whom an identity card has been issued or deemed to have been issued on or before the prescribed date in any year under the provisions of the National Registration Act (Cap. 201) and has not been withdrawn shall, until the contrary be shown, be presumed —
(a)
to be ordinarily resident in Singapore on the prescribed date in that year;
(b)
to be not less than 21 years of age on the prescribed date in that year, if from the particulars recorded in the register maintained by the Commissioner of National Registration he appears to be not less than that age on that date; and
(c)
to reside in the electoral division and polling district of the electoral division in which is situated the latest address shown on the prescribed date in the register maintained by the Commissioner of National Registration.
[42/96; 19/2001]
(3)  Notwithstanding subsection (2), the Registration Officer may, in preparing or revising any register of electors, omit therefrom the name of any person where he has reason to believe that the latest address of the person shown on the prescribed date in the register maintained by the Commissioner of National Registration has ceased to exist or to be used as a place of residence or is an address situated outside Singapore.
[19/2001]
(4)  For the purposes of subsections (1), (1A) and (2), the prescribed date shall be 1st July or such other date as the Minister may, by order published in the Gazette, specify1.
1  Parliamentary Elections (Prescribed Date) Order 2011 (S 3/2011) which specified 1st January in any year to be the prescribed date w.e.f. 3rd January 2011.
[42/96; 19/2001]
(5)  No order shall be made under subsection (4) between the date of commencement of any preparation or revision of any register of electors for any year and the date of certification of that register under this Act (both dates inclusive).
[42/96]
(6)  For the purposes of this section, the contact address of the holder of an identity card shall be regarded as his latest address in the register maintained by the Commissioner of National Registration.
[19/2001; 14/2008]
Disqualification of electors
6.
—(1)  No person shall be entitled to have his name entered or retained in any register of electors if he —
(a)
has done any of the following:
(i)
acquired or applied to acquire by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore;
(ii)
voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country;
(iii)
taken any oath or made any declaration or acknowledgment of allegiance, obedience or adherence to any foreign power or state; or
(iv)
applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document;
(b)
is serving a sentence of imprisonment (by whatever name called) imposed by any court in or outside Singapore for an offence punishable with imprisonment for a term exceeding 12 months, or is under sentence of death imposed by any such court or is serving a sentence of imprisonment awarded in lieu of execution of any such sentence;
(c)
is under any written law found or declared to be of unsound mind;
(d)
is incapable of being registered by reason of his conviction of a corrupt or illegal practice under this Act or the Presidential Elections Act (Cap. 240A) or by reason of the report of an Election Judge in accordance with the provisions of this Act or the Presidential Elections Act or by reason of his conviction under section 55 of this Act or section 37 of the Presidential Elections Act;
(e)
is a serving member on full pay of any naval, military or air force not maintained out of moneys provided by Parliament unless he possesses a domicile in Singapore;
(f)
[Deleted by Act 14 of 2008 wef 17/02/2008]
(g)
is a person whose name has been expunged from the register under sections 13(3) and 43(5) and whose name has not been restored to the register under section 43(8) or (8A), as the case may be; or
(h)
is a person whose name has been expunged from the register of electors under section 26(5) of the Presidential Elections Act and whose name has not been restored to the register under section 26(8) of that Act.
[27/91; 18/94; 19/2001; 14/2008]
(1A)  Without prejudice to subsection (1), no person who is deemed to be ordinarily resident in Singapore under section 5(1A) shall be entitled to have his name entered or retained in any register of electors if he is —
(a)
serving a sentence of imprisonment (by whatever name called) in any prison, jail or other place of detention outside Singapore;
(b)
accused of an offence against any written law punishable with imprisonment for a term exceeding 12 months and a warrant of arrest by a court in Singapore authorising his apprehension in relation to that offence remains in force; or
(c)
convicted by any court in Singapore of any offence punishable with imprisonment for a term exceeding 12 months and a warrant of arrest by a court in Singapore authorising his apprehension in relation to that offence remains in force.
[19/2001]
(2)  For the purposes of subsection (1)(b), where the conviction is by a court of law outside Singapore, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore.
[19/2001]
(3)  For the purposes of subsection (1)(a)(ii), the exercise of a vote in —
(a)
any national, state or provincial election; or
(b)
any election for the local government of any metropolitan or urban area,
in a country outside Singapore (but not an election under this Act or a presidential election) shall be deemed to be the voluntary claim and exercise of a right available under the law of that country.
[14/2008]
Plural voting
7.
—(1)  Subject to the provisions of this Act, a person shall be entitled to have his name entered in the register of one electoral division only.
(2)  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 as an elector;
(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 any general election,
shall be guilty of an illegal practice.
[19/2001]
(3)  The court before which a person is convicted under subsection (2) may, in its discretion in the circumstances of any particular case, mitigate or remit any penalty or incapacity which may be imposed in respect thereof under section 79.
Electoral divisions
8.
—(1)  The Minister may, from time to time, by notification in the Gazette, specify the names and boundaries of the electoral divisions of Singapore for purposes of elections under this Act.
[22/84]
(2)  The number of electoral divisions of Singapore shall be the total number of the electoral divisions specified in the notification made under subsection (1).
[22/84]
Group representation constituencies
8A.
—(1)  For the purposes of electing Members of Parliament on a group basis to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities under this Act, the President shall, subject to this section, by order published in the Gazette —
(a)
declare any electoral division, having regard to the number of electors in that division, to be a group representation constituency and designate that constituency as a constituency in which any election is to be held on the basis of a group of such number of candidates, being not less than 3 but not more than 6; and
(b)
designate every group representation constituency as —
(i)
a constituency where at least one of the candidates in every group shall be a person belonging to the Malay community; or
(ii)
a constituency where at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities.
[10/88; 9/91; 42/96]
(1A)  There shall at all times be at least 8 electoral divisions which are not group representation constituencies.
[42/96]
(2)  The number of Members to be returned by all group representation constituencies shall not be less than one-quarter of the total number of Members to be returned at a general election.
[10/88; 9/91; 42/96]
(3)  The number of group representation constituencies to be designated under subsection (1)(b)(i) shall be three-fifths of the total number of group representation constituencies; and where that number is not a whole number, it shall be rounded to the next higher whole number.
[10/88]
Polling districts
9.
—(1)  Whenever any electoral division of Singapore is altered or a new division is created, the Registration Officer shall —
(a)
subdivide that division into polling districts;
(b)
assign to each such polling district a distinguishing letter or letters; and
(c)
publish in the Gazette a notice in Form 2 in the First Schedule specifying —
(i)
the polling districts into which that electoral division has been subdivided; and
(ii)
the distinguishing letter or letters assigned to each such polling district.
(2)  The subdivision of an electoral division into polling districts may be altered by the Registration Officer as occasion may require; and upon any such alteration being made he shall publish in the Gazette a notice specifying in relation to that electoral division the particulars mentioned in subsection (1)(c).
(3)  Any alteration under subsection (1) shall come into effect on the date of the publication of the notice under section 20(1) relating to the next certification of the register of electors for that electoral division, but the revision of the register before such certification shall be made on the basis of that alteration.
PART II
REGISTRATION OF ELECTORS
AND REVISION OF REGISTERS
Registration of electors
10.
—(1)  As soon as may be after the publication of any notification under section 8, the Registration Officer, with such assistance as he may require from the Commissioner of National Registration, shall prepare for that year a separate register of electors for each electoral division and shall enter in the register the names of all persons who are qualified as electors under section 5 and are not disqualified by any of the provisions of section 6.
(1A)  The Minister may, before a general election, require the Registration Officer to bring up-to-date any register prepared under subsection (1) in such manner and by reference to such year as the Minister may direct.
(2)  For the purpose of satisfying himself as to the qualification of any elector, the Registration Officer may make such enquiry as he may consider necessary.
(3)  On the completion of the register for any electoral division, the Registration Officer shall give notice in the Gazette that the register is completed and that the register, or a copy thereof, is 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 the electoral division and at such overseas registration centres as may be specified in the notice.
[19/2001]
(4)  The Registration Officer may, for the purpose of registering persons as overseas electors, establish such number of overseas registration centres as he considers practicable in any embassy, High Commission, diplomatic mission, permanent mission or consulate of Singapore situated in any country or any territory outside Singapore.
[19/2001; 14/2008]
Claims and objections
11.
—(1)  Any person who considers that he is entitled to have his name entered in a register of electors and whose name has been omitted from the register (referred to in this section as the claimant) may apply to the Registration Officer to have his name entered therein.
(2)  Every claim under subsection (1) shall be in writing and shall be in Form 3 in the First Schedule and shall reach the Registration Officer within 2 weeks from the date of publication in the Gazette of the notice of completion of the register.
(2A)  Within 21 days from the expiry of the period of 2 weeks referred to in subsection (2), the Registration Officer shall exhibit notices containing the names and addresses of the claimants (if any) at the place or places in or near the electoral division in which those claimants reside and at the overseas registration centres specified in the notice mentioned in section 10(3).
[19/2001]
(2B)  A claim under subsection (1) may be made at an overseas registration centre and be accompanied by the claimant’s application to be registered as an overseas elector made in accordance with section 13A.
[19/2001]
(3)  Any person whose name appears in the register for any electoral division may object to the inclusion in the register of his own name or the name of any other person appearing therein or may object to the insertion in the register of the name of any claimant.
(4)  In this section and section 12, every person objecting to the inclusion or insertion of any name in the register is referred to as the objector.
(5)  Every objection to the inclusion of any name in the register shall be made in writing and shall be in Form 4 in the First Schedule and shall reach the Registration Officer within 2 weeks from the date of publication in the Gazette of the notice of completion of the register.
[14/2008]
(6)  Every objection to the insertion of the name of any claimant in the register shall be made in writing and shall be in Form 5 in the First Schedule and shall reach the Registration Officer within 6 days from the date on which the notice containing the names of claimants is exhibited under subsection (2A).
[14/2008]
(7)  [Deleted by Act 18 of 2005 wef 06/06/2005]
(8)  The Registration Officer shall, as soon as practicable after receiving an objection to the inclusion or insertion of any name in any register, send a notice of the objection to the person in regard to whom objection has been made.
(8A)  The notice of objection shall be in Form 6 in the First Schedule.
(9)  The Registration Officer shall as soon as practicable hold a public inquiry into all claims and objections which have been duly made, giving not less than 6 clear days’ written notice of the date on which and the time and place at which the inquiry will commence to each claimant, objector and person in regard to whom objection has been made.
(9A)  At any such public inquiry, any person appearing to the Registration Officer to be interested in or affected by the subject-matter of the inquiry may appear and be heard either by himself or by any other person duly authorised by him in writing in that behalf.
(9B)  Notwithstanding subsection (9), the Registration Officer may, without any public inquiry, allow any claim in respect of which no objection has been made if he is satisfied that the claim should be allowed and shall insert the claimant’s name in the register and, where applicable, register the person as an overseas elector.
[19/2001]
(10)  Where an objection is made to the inclusion or insertion of any name in the register, the Registration Officer shall call upon the objector, or some person authorised in writing in that behalf by the objector, to give prima facie proof of the ground of the objection.
(11)  If such prima facie proof is given, the Registration Officer shall require proof of the entitlement of the person in regard to whom objection has been made, and —
(a)
if the person’s entitlement is not proved to the Registration Officer’s satisfaction, he shall expunge that person’s name from or, as the case may be, refuse to insert that person’s name in the register; or
(b)
if the person’s entitlement is so proved, he shall retain that person’s name or, as the case may be, insert that person’s name in the register and, where applicable, register that person as an overseas elector.
[19/2001]
(12)  If, on the date fixed for inquiry into any objection, the objector or a person authorised in writing in that behalf by the objector fails to appear, or appears but fails to give such prima facie proof, then —
(a)
if the objection is to the inclusion in the register of the name of a person appearing therein, the Registration Officer shall retain the person’s name in the register without calling upon the person to prove his entitlement; or
(b)
if the objection is to the insertion in the register of the name of any claimant, the Registration Officer shall require proof of the entitlement of the claimant; and —
(i)
if the claimant’s entitlement is not proved to the Registration Officer’s satisfaction, he shall refuse to insert the claimant’s name in the register; or
(ii)
if the claimant’s entitlement is so proved, he shall insert the claimant’s name in the register and, where applicable, register the person as an overseas elector.
[19/2001]
(13)  If an objection is made and is overruled by the Registration Officer and, in his opinion, the objection was made without reasonable cause, the Registration Officer may, if he thinks fit, order in writing the objector to pay to the person in regard to whom objection has been made such sum not exceeding $50 as the Registration Officer considers reasonable compensation for any loss of time incurred by the person in consequence of the objection.
(14)  If, upon an objection being overruled, the objector appeals under section 12 to the Revising Officer and the appeal is dismissed, and in the opinion of the Revising Officer the appeal was made without reasonable cause, the Revising Officer may, if he thinks fit, order in writing the objector to pay to the person in regard to whom objection has been made such sum not exceeding $50 as the Revising Officer considers reasonable compensation for any loss of time incurred by the person in consequence of the appeal.
(14A)  If any appeal is allowed by the Revising Officer, he shall have power to revise or cancel any order made by the Registration Officer for the payment of compensation by the objector.
(15)  Any sum awarded as compensation under this section shall be recoverable as though the order of the Registration Officer or Revising Officer were an order of a District Court for the recovery of money by that Officer.
(16)  [Deleted by Act 18 of 2005 wef 06/06/2005]
Appeals to Revising Officer
12.
—(1)  For the purpose of hearing appeals against any decision of the Registration Officer, the Minister may appoint such Revising Officers as he may from time to time think fit.
(2)  If any claimant, objector or person in regard to whom objection has been made is dissatisfied with the decision of the Registration Officer, he may, within 10 days from the date of the decision, appeal to the Revising Officer.
(3)  Every appeal under this section shall be in writing and shall state shortly the ground of appeal.
[18/2005]
(4)  The Revising Officer shall hear such appeals in public giving notice of the dates of the hearing of the appeal to the parties concerned.
(4A)  It shall be at the discretion of the Revising Officer whether or not to hear any evidence.
(4B)  The Revising Officer’s determination of the appeal shall be final and conclusive and shall not be called in question in any court.
(5)  When the Revising Officer has determined the appeals which have been lodged with respect to any register, he shall forward to the Registration Officer a statement under his hand containing the names which he has decided shall be included or inserted in the register and those which he has decided shall be expunged from the register, and the Registration Officer shall amend the register accordingly.
(6)  [Deleted by Act 18 of 2005 wef 06/06/2005]
Certification of registers
13.
—(1)  The Registration Officer shall, as soon as conveniently may be after the claims and objections have been adjudicated upon, certify the register of electors for each electoral division in Form 7 in the First Schedule.
(1A)  The Registration Officer may certify any register in accordance with this section during the pendency of any appeal under section 12 but shall thereafter insert in or expunge from the certified register the name of any person in accordance with the decision of the Revising Officer on the determination of the appeal.
(2)  Nothing in this Act shall be deemed to prohibit the Registration Officer, within 7 days after certifying any register, from correcting any clerical or other error therein.
(2A)  Any correction under subsection (2) does not affect the entitlement of any person to have his name included or retained therein.
(3)  Notwithstanding subsections (1), (1A) and (2), the Registration Officer shall, from time to time, on being informed by the Registrar of Citizens that any person has ceased to be a citizen of Singapore under the provisions of the Constitution, or on being informed by the Registrar-General of Births and Deaths that any person is dead, expunge the name of the person from any register of electors.
[10/2010]
(4)  Notwithstanding anything to the contrary in this Act, the Registration Officer may, at any time after certifying any register of electors for any electoral division, except between the issue of a writ of election under section 24 and polling day appointed for election in that division, remove from the register the name of any person where the Registration Officer has reason to believe that the address of that person as shown in the register has ceased to exist or to be used as his place of residence or his contact address.
[14/2008]
(4A)  Where the person whose name has been removed under subsection (4) has notified the Commissioner of National Registration in writing of his change of address or contact address at the time of the removal of his name, the Registration Officer shall transfer the name of that person to the appropriate register.
[18/99; 14/2008]
(5)  The Registration Officer shall not remove or transfer any name under subsection (4) or (4A) unless at least 2 weeks before making the removal or transfer, a notice has been given in the Gazette that he proposes to make the removal or transfer and that a list of the names of persons affected is available for inspection at such time and place or places as may be specified in the notice.
(5A)  A notice for the purpose of subsection (5) may contain such particulars as the Registration Officer thinks sufficient and appropriate without specifying the names of persons who will be affected by the proposed removal or transfer.
(6)  Subject to subsection (7), the Registration Officer shall have power where any name from any register has been removed by him under subsection (4) —
(a)
to restore the name to the register if the removal has been made by mistake or through inadvertence; or
(b)
to enter the name in the appropriate register on the application of the person whose name has been removed and has not been transferred to the appropriate register at the time of the removal.
(7)  Where a writ of election has been issued under section 24 for an election in any electoral division, the Registration Officer shall not enter any name in the register of that division under subsection (6)(b) until after nomination day or, if a poll is to be taken, until after polling day.
Registration as overseas elector
13A.
—(1)  Any person not resident in Singapore but whose name is entered in the register of electors for an electoral division and who is entitled to have his name so entered or retained in that register of electors may, at any time before a writ of election is issued for any election in that electoral division, apply to the Registration Officer to be registered as an overseas elector for that electoral division at —
(a)
any overseas registration centre; or
(b)
any place in or near the electoral division for which the person seeks to be registered as an overseas elector.
[14/2008]
(2)  An application under subsection (1) by any person to be registered as an overseas elector shall be accompanied by —
(a)
satisfactory proof of his identity;
(b)
particulars of the date he left Singapore and his current mailing address outside Singapore;
(c)
a declaration that he is a citizen of Singapore and is not less than 21 years of age;
(ca)
a declaration that he —
(i)
has not acquired or applied to acquire by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore;
(ii)
has not voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country;
(iii)
has not taken any oath or made any declaration or acknowledgment of allegiance, obedience or adherence to any foreign power or state; and
(iv)
has not applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document;
(d)
a statement specifying the overseas polling station he desires to vote at in an election; and
(e)
any other information as the Registration Officer considers necessary to determine the person’s entitlement to have his name entered in a register or the electoral division in or in respect of which he may vote.
[19/2001; 14/2008]
(3)  Notwithstanding anything to the contrary in section 13, the Registration Officer may, on receipt of any application under subsection (1) to be registered as an overseas elector for an electoral division, at any time except between the issue of a writ of election under section 24 and the nomination day appointed for an election in that electoral division or, if a poll is to be taken, the polling day appointed for that election —
(a)
register the applicant as an overseas elector in the register of electors; and
(b)
allot the applicant to vote at the overseas polling station specified in his statement under subsection (2)(d) or any other overseas polling station.
[19/2001; 14/2008]
(3A)  Any person who is registered under this section as an overseas elector in the register of electors for an electoral division may, at any time, apply to the Registration Officer in the manner prescribed —
(a)
to cancel his registration as an overseas elector; or
(b)
to change the overseas polling station allotted to him under subsection (3)(b) to another overseas polling station,
and the Registration Officer may, at any time before the issue of a writ of election under section 24 for an election in that electoral division, cancel the person’s registration as an overseas elector or allot the person another overseas polling station to vote at, as the case may be.
[14/2008]
(3B)  Only one overseas polling station may be allotted to a person who is registered as an overseas elector.
[14/2008]
(4)  The registration of any person under this section as an overseas elector in any register of electors shall continue in operation until superseded by the coming into operation of the next certified register relating to any area within that electoral division following any preparation of registers under section 10 or any revision of registers under section 14.
[19/2001]
(5)  For the purposes of subsection (2)(ca)(ii), the exercise of a vote in —
(a)
any national, state or provincial election; or
(b)
any election for the local government of any metropolitan or urban area,
in a country outside Singapore (but not an election under this Act or a presidential election) shall be deemed to be the voluntary claim and exercise of a right available under the law of that country.
[14/2008]
Revision of registers
14.
—(1)  The Minister may from time to time, but in any case not later than 3 years after the last general election, require the Registration Officer to revise the registers of electors and complete the revision before such date as the Minister may, by notification in the Gazette, appoint.
(2)  For the purpose of revising a register and of satisfying himself as to the entitlement of any person to registration or determining whether the name of any person should be inserted or retained in the register or expunged therefrom, the Registration Officer may make such inquiry as he may consider necessary either by himself or through a person appointed by him.
(2A)  Any notice requiring information for the purposes of subsection (2) may be sent by ordinary post to the person from whom the information is required or may be delivered to him or to an adult member of his household.
(3)  All officers in the service of the Government (other than officers of any Government department who are prohibited by law from furnishing information) and all local authorities are hereby authorised and required to furnish to the Registration Officer, or any person appointed by the Registration Officer for the purpose, all such information as he may require to enable him to revise the register.
(4)  Every person who, being in possession of any information required under subsection (2A), fails to give such information to the Registration Officer or to any person appointed by the Registration Officer for the purpose, or wilfully gives any false information, 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.
[10/2010]
(5)  Without prejudice to subsection (4), if any person being a registered elector fails to give such information with regard to his entitlement to registration to the Registration Officer or to any person appointed by the Registration Officer for the purpose within 14 days after the service upon him by the Registration Officer of a notice under subsection (2A), his name shall immediately be expunged from the register by the Registration Officer and he shall not be entitled to have his name retained or inserted in the register for the ensuing year.
(6)  Every person who is appointed by the Registration Officer and who wilfully suppresses any information relating to the entitlement of any person for registration or relevant for determining whether the name of any person should or should not be retained or inserted in a register, after such information has been furnished to or collected by him, 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.
[10/2010]
Method of revising register
15.
—(1)  In revising a register of electors, the Registration Officer shall enter the names of all persons who are qualified as electors under section 5 and are not disqualified by any of the provisions of section 6.
(2)  Upon the completion of the revised register of electors referred to in subsection (1), the Registration Officer shall give notice in the Gazette that the register of electors has been completed and that the register, or a copy thereof, is open for inspection at all reasonable hours of the day at the office of the Registration Officer and at such other place or places as may be specified in the notice.
Claims and objections at revision of register
16.  Sections 11 and 12 shall apply to a revision of a register of electors as they apply to the preparation of the register.
Application of section 13 to revised register
17.
—(1)  Section 13(1) and (1A) shall apply to the certification of a revised register of electors as they apply to the certification of a register of electors.
(2)  Section 13(2) to (7) shall apply to a revised register of electors as they apply to a register of electors.
[19/2001]
Notices and adjournments
18.
—(1)  Subject to section 14, all notices required to be given by the Registration Officer or a Revising Officer shall be sufficiently given if sent by registered post to the address (if any) given in the claim or objection, or in default of that address, to the address given in the register of electors.
(2)  The Registration Officer or a Revising Officer may from time to time adjourn any proceedings before him under this Act to any convenient time and place.
Persons residing in building located on common boundary
19.
—(1)  In preparing or revising a register of electors, the Registration Officer may, in his discretion, enter the name of any person in the register of electors for such electoral division as he considers appropriate if that person is residing in a building which is located on a common boundary between 2 or more electoral divisions.
(2)  The decision of the Registration Officer under subsection (1) shall be final and conclusive and shall not be called in question in any court.
Notice of certification of register and commencement and period of operation
20.
—(1)  On the certification of a register under this Act, the Registration Officer shall give notice in the Gazette that the register has been certified and that the register, or a copy thereof, is 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 the division to which the register relates as may be specified in the notice.
(2)  The certified register shall —
(a)
in the case of a register prepared under section 10(1) or (1A), come into operation at the next general election and not earlier; and
(b)
in the case of a revised register, come into operation on the date of publication of the notice of the certification of the register in the Gazette.
[42/96]
(2A)  Subject to such alterations as may subsequently be made therein in accordance with section 13, 17 or 43, or with section 26 of the Presidential Elections Act (Cap. 240A), the register shall continue in operation until superseded by the coming into operation of the next certified register.
[42/96]
(3)  Where a new electoral division is created under section 8 by the amalgamation of the whole of 2 or more existing electoral divisions, or where there is no change in the boundary of any electoral division specified in a notification under section 8(1), section 10 shall not apply to that electoral division unless the Minister otherwise directs; and the certified registers of electors in operation for those existing electoral divisions which have been amalgamated to form any new electoral division shall be deemed to be the register of electors in operation for that new electoral division at the next general election.
[9/91]
Redistribution of polling districts, etc.
20A.
—(1)  Where any new electoral division is created or the boundaries of any existing electoral division are altered by —
(a)
redistributing the whole of one or more contiguous polling districts of any existing electoral division or divisions to form a polling district or districts of the new or altered electoral division without any change in the boundaries of those polling districts; or
(b)
transferring the whole of one or more contiguous polling districts of any existing electoral division or divisions to any other existing division or divisions without any change in the boundaries of those polling districts,
the Minister may, in lieu of specifying the boundaries of the electoral divisions in a notification under section 8, specify —
(i)
the polling districts which have been retained, redistributed or transferred to form subdivisions of the respective electoral divisions; and
(ii)
the new distinguishing letter or letters (if any) assigned to each such polling district,
and each electoral division shall be deemed to have been subdivided under section 9(1) into the polling districts so retained, redistributed or transferred as its subdivisions.
[42/96]
(2)  Unless the Minister otherwise directs, whenever any new electoral division is created or any electoral division is altered in the manner referred to in subsection (1)(a) or (b), section 10 shall not apply to that new or altered electoral division and the Registration Officer shall, before the next general election, prepare in accordance with subsection (3) a composite register for each new or altered division and certify it in Form 7 in the First Schedule.
[42/96]
(3)  A composite register for any new or altered electoral division shall be prepared by using the certified registers in operation and combining the sections of those certified registers relating to the polling districts which have been redistributed or transferred to form the polling districts of the new or altered electoral division.
[42/96]
(4)  Any composite register prepared in accordance with subsection (3) for a new or altered electoral division shall —
(a)
be deemed to be the certified register in operation for that electoral division at the next general election following its certification but not earlier; and
(b)
subject to such alterations as may be made therein in accordance with section 13, 17 or 43 or with section 26 of the Presidential Elections Act (Cap. 240A), continue in operation until superseded by the coming into operation of the next certified register for that electoral division.
[42/96]
Penalty for false statements and wrongful claims
21.
—(1)  Every person who wilfully makes a false statement or declaration in any claim or objection or at any inquiry held in connection therewith or in any appeal 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.
[10/2010]
(2)  The Registration Officer or a Revising Officer may, on the consideration or hearing of any claim, objection or appeal, require that the evidence tendered by any person shall be given on oath and may administer the oath for that purpose.
(3)  Every person who in the course of that consideration or hearing knowingly swears anything material to the validity of the claim, objection or appeal which is false shall be guilty of the offence of giving false evidence and shall be liable on conviction to the punishment provided therefor in the Penal Code (Cap. 224).
(4)  Any person who, in making any application under section 13A(1) to be registered as an overseas elector for an electoral division, or any application under section 13A(3A)(b) to change the overseas polling station allotted to him to another overseas polling station —
(a)
makes, in or outside Singapore, in any declaration under section 13A(2) any statement which is false, and which he knows or has reason to believe is false or does not believe to be true;
(b)
furnishes, in or outside Singapore, any document which he knows or has reason to believe is false or does not believe to be true; or
(c)
by the intentional suppression of any material fact, furnishes, in or outside Singapore, information which is misleading,
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 or to both.
[14/2008; 10/2010]
Use of registers of electors
21A.
—(1)  Any candidate or his election agent who or any political party which, on payment of any fee, acquires from the Registration Officer any copy (whether in printed or electronic form) of any register of electors —
(a)
shall use any information recorded in the register only for communicating with electors;
(b)
shall not use any information recorded in the register for commercial purposes; and
(c)
may disclose any information recorded in the register to others only after obtaining their written acknowledgment that they are bound by the restrictions in this subsection.
[19/2001]
(2)  Subject to subsection (3), no person who obtains any information recorded in any register of electors shall reproduce, store or transmit any part of the information by electronic or any other means for any purpose.
[19/2001]
(3)  Subsection (2) shall not apply to —
(a)
a candidate or his election agent who or any political party which, on payment of any fee, acquires a copy of a register of electors from the Registration Officer; or
(b)
a person who obtains information in any register of electors from a candidate, an election agent or a political party after giving a written acknowledgment described in subsection (1)(c).
[19/2001]
(4)  Any person who knowingly contravenes subsection (1) or (2) 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.
[19/2001; 10/2010]
(5)  In this section, “candidate” includes a candidate at any presidential election.
[19/2001]
PART III
ELECTIONS
Number of Members to be returned for each electoral division and group representation constituency
22.
—(1)  Subject to subsection (2), each electoral division shall return one Member to serve in Parliament.
[10/88]
(2)  Each group representation constituency shall return such number of Members to serve in Parliament as designated for that constituency by the President under section 8A(1)(a).
[10/88; 9/91; 42/96]
Assistant Returning Officers
23.
—(1)  The Minister may, in addition to appointing the Returning Officer under section 3, from time to time appoint by name or by office one or more persons to assist the Returning Officer in the performance of his duties.
(1A)  A person appointed to assist the Returning Officer shall have all the powers and may perform all the duties of the Returning Officer and 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.
(1B)  An appointment made by the Minister under subsection (1) may be revoked by him at any time.
(2)  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 insufficient time for any other person to be appointed by the Minister, the Returning Officer may appoint, by name or office, a deputy to act for him.
(3)  Every appointment made under subsection (2) shall as soon as possible be reported to the Minister and may be revoked by the Minister, but without prejudice to the validity of anything already done by the deputy.
Writ of election
24.
—(1)  For the purposes of every general election of Members of Parliament, and for the purposes of the election of Members to supply vacancies caused by death, resignation or otherwise, the President shall issue writs under the public seal, addressed to the Returning Officer.
(2)  Every such writ shall be in Form 1 in the First Schedule and shall specify the date or dates (referred to in this Act as the day of nomination) 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).
(2A)  In respect of any group representation constituency, no writ shall be issued under subsection (1) for an election to fill any vacancy unless all the Members for that constituency have vacated their seats in Parliament.
[10/88]
(3)  Upon receipt of the writ, the Returning Officer shall proceed to hold the election in the manner hereinafter provided.
Notice of time and place of election
25.  On the President 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 Form 8 in the First Schedule to be published in the Gazette at least 4 clear days before the day fixed for the nomination.
Failure of election
26.
—(1)  Whenever an election in any electoral division wholly fails, a fresh writ may be issued by the President at any time for the holding of an election in that electoral division, except that where the election in an electoral division has failed because of the death of a candidate after the election has been reported as contested but before polling day, then section 34(8) and (9) or 34A(8) and (8A), as the case may be, shall apply.
[10/2010]
(2)  The original writ for an election in any electoral division that has wholly failed and everything done in connection with the election for the electoral division because of that writ shall be of no effect.
[10/2010]
(3)  Where a fresh writ is issued under subsection (1), sections 24 and 25 shall apply to that writ.
[10/2010]
(4)  For the purposes of this Act, an election shall have wholly failed if —
(a)
in the case of an election in a group representation constituency, no group of candidates is nominated or returned as elected for that constituency; or
(b)
in the case of any other electoral division, no candidate is nominated or returned as elected for that electoral division.
[10/2010]
Nomination papers
27.
—(1)  Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may be nominated as a candidate for election.
(2)  A person may be nominated to be a candidate for election only by means of a nomination paper in Form 9 in the First Schedule, which shall —
(a)
set out the name, identity card number and occupation of the person;
(b)
be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the electoral division in which the person seeks election;
(c)
contain a statement, signed by that person, to the effect that he consents to the nomination; and
(d)
contain a statutory declaration by the person seeking nomination stating that he is qualified to be elected.
[18/2005]
(3)  Every candidate shall, at the time of his nomination, deliver to the Returning Officer —
(a)
[Deleted by Act 18 of 2005 wef 06/06/2005]
(b)
a political donation certificate issued to him by the Registrar of Political Donations under section 18(4) of the Political Donations Act (Cap. 236).
[20/2000; 18/2005]
(3A)  If the statutory declaration which is required by subsection (2)(d) to be made is not so made, or the political donation certificate which is required by subsection (3)(b) to be delivered is not so delivered, the nomination of the candidate shall be deemed to be void.
[20/2000; 18/2005]
(4)  The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper to any registered elector requiring it.
[18/2005]
Election of Members on a group basis in group representation constituencies
27A.
—(1)  In every general election of Members and the election of Members to supply vacancies caused by death, resignation or otherwise, the Members for any group representation constituency shall be elected in accordance with this Act subject to the modifications in this section.
[10/88]
(2)  All elections in any group representation constituency shall be held on a basis of a group of such number of candidates as designated for that constituency by the President under section 8A(1)(a).
[10/88; 9/91; 42/96]
(3)  Subject to subsection (4), any group that desires to contest in any election in any group representation constituency shall consist of such number of candidates as designated for that constituency by the President under section 8A(1)(a), all of whom shall either be —
(a)
members of the same political party standing for such election for that political party; or
(b)
independent candidates standing as a group.
[10/88; 9/91; 42/96]
(4)  Where any group representation constituency is —
(a)
a constituency designated under section 8A(1)(b)(i), at least one of the candidates in every group shall be a person belonging to the Malay community; or
(b)
a constituency designated under section 8A(1)(b)(ii), at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities.
[10/88; 9/91]
(5)  At any time after the date of the notice of the writ referred to in section 25 and at least 2 clear days before the day of nomination, any person —
(a)
belonging to the Malay community who desires to contest as such a person in any election in any constituency designated under section 8A(1)(b)(i); or
(b)
belonging to the Indian or other minority communities who desires to contest as such a person in any election in any constituency designated under section 8A(1)(b)(ii),
shall apply in the prescribed manner to the appropriate Committee for a certificate in the prescribed form which shall certify whether the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, as the case may be, for the purposes of any such election.
[10/88]
(6)  Upon receipt of any application under subsection (5), the appropriate Committee shall —
(a)
determine whether the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities; and
(b)
if the appropriate Committee considers that he is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, issue to him not later than the day before the day of nomination a certificate certifying that to be the fact.
(7)  Any such certificate shall, for the purposes of this Act, be conclusive as to the fact which it certifies.
[10/88]
(8)  In this section and section 27C —
“Committee” means the Malay Community Committee or Indian and Other Minority Communities Committee established under section 27C;
“person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community;
“person belonging to the Indian or other minority communities” means —
(a)
any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community; or
(b)
any person who belongs to any minority community other than the Malay or Indian community.
[10/88]
Nomination papers for elections in group representation constituencies
27B.
—(1)  Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may, subject to section 27A, be nominated as a candidate with the other candidates in a group for any election in any group representation constituency.
[10/88; 9/91]
(2)  A group of persons may be nominated to be a group of candidates for election in a group representation constituency only by means of a nomination paper in Form 9A in the First Schedule, which shall —
(a)
set out the name, identity card number and occupation of each of those persons;
(b)
be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the group representation constituency in which the group seeks election;
(c)
contain a statement, signed by each of the persons, to the effect that he consents to the nomination; and
(d)
contain a statutory declaration by each of the persons seeking nomination stating that he is qualified to be elected, and the political party for which the group stands (if any).
[18/2005]
(3)  Every candidate in a group shall, at the time of the nomination of the group, deliver to the Returning Officer —
(a)
[Deleted by Act 18 of 2005 wef 06/06/2005]
(b)
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
(c)
if he is a person belonging to —
(i)
the Malay community and is nominated as such a person for election in any constituency designated under section 8A(1)(b)(i); or
(ii)
the Indian or other minority communities and is nominated as such a person for election in any constituency designated under section 8A(1)(b)(ii),
a certificate issued to him under section 27A(6) certifying that he is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, as the case may be.
[20/2000; 18/2005]
(3A)  If any statutory declaration which is required by subsection (2)(d) to be made is not so made, or any certificate which is required by subsection (3) to be delivered by any candidate in a group is not so delivered, the nomination of that group shall be deemed to be void.
[10/88; 18/2005]
(4)  The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper to any registered elector requiring the same.
[10/88; 18/2005]
(5)  Where the nomination paper of any group does not comply with this section or section 27A, or where any candidate in a group withdraws or is deemed to have withdrawn his candidature under section 32, the nomination of that group shall be deemed to be void.
[10/88; 31/2001]
(6)  Section 27 shall not apply to any election in any group representation constituency.
[10/88]
Committee to determine whether prospective candidate is Malay or other racial minority
27C.
—(1)  For the purposes of section 27A, there shall be established —
(a)
a Malay Community Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(i) belongs to the Malay community; and
(b)
an Indian and Other Minority Communities Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(ii) belongs to the Indian or other minority communities.
[10/88]
(2)  The Malay Community Committee shall consist of a chairman and 4 other members, all of whom shall be persons belonging to the Malay community and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution after consulting such organisation of the Malay community as the Council thinks fit.
[10/88]
(3)  The Indian and Other Minority Communities Committee shall consist of a chairman and 4 other members, who shall be persons belonging to the Indian or other minority communities and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution after consulting such organisations of the Indian and other minority communities as the Council thinks fit.
[10/88]
(4)  A decision of any such Committee shall require a simple majority of the members present and voting, except that in the case of an equality of votes, the chairman or the member presiding shall have a casting vote in addition to his original vote.
[10/88]
(4A)  The Committee may act notwithstanding the absence of any member.
[10/88]
(5)  Subject to this section, any such Committee may regulate its own procedure.
[10/88]
(6)  The validity of any proceedings of any such Committee shall not be affected by any defect in the appointment of any member of the Committee.
[10/88]
(7)  Any Committee established under this section shall be guided by the merits of each case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not.
[10/88]
(8)  Any decision of a Committee established under this section shall be final and conclusive and shall not be appealed against or called in question in any court.
[10/88]
(9)  Regulations may be made to provide for regulating and facilitating the performance by any Committee of its function under this Act.
[10/88]
Deposits by candidates
28.
—(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 referred to in section 24 and 12 noon of the day of nomination, a sum equal to 8% of the total allowances payable to a Member of Parliament in the preceding calendar year, rounded to the nearest $500.
(1A)  In default of the sum being so deposited under subsection (1), the candidate shall be deemed to have withdrawn his candidature under section 32.
(1B)  The Returning Officer shall immediately give a receipt for that sum and pay that sum into the Consolidated Fund, and that sum shall be dealt with in accordance with the provisions of this Act.
[11/88]
(2)  Any sum required to be deposited under subsection (1) shall be paid in legal tender or by a bank draft or a certified cheque.
(3)  If a candidate is not nominated as a candidate for election, if an election in an electoral division has wholly failed or if, after the deposit is made, the candidate withdraws his candidature under section 32, the deposit shall be returned to the person by whom the deposit was made.
[10/2010]
(3A)  If the candidate dies after the deposit is made and before the poll is 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.
(4)  Subject to subsection (4A), the sum deposited by any candidate under subsection (1) shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath or made affirmation as a Member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared.
[10/88]
(4A)  If a candidate who has made the required deposit is not elected and —
(a)
the number of votes polled by him does not exceed one-eighth of the total number of votes polled in the electoral division for which he contested; or
(b)
where he is a candidate for a group representation constituency, the number of votes polled in that constituency by the group to which he belongs does not exceed one-eighth of the total number of votes polled in that constituency,
the sum deposited shall be forfeited and paid into the Consolidated Fund.
[10/88]
(5)  [Deleted by Act 31 of 2001 wef 12/09/2001]
(5A)  [Deleted by Act 31 of 2001 wef 12/09/2001]
(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 25 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1).
[11/88]
Proceedings on nomination day
29.
—(1)  The Returning Officer shall, on the day of nomination, attend at the place of nomination from 11 a.m. until 12 noon to receive nomination papers and political donation certificates issued by the Registrar of Political Donations and certificates (if any) issued under section 27A(6) (referred to in this Act as nomination papers).
[10/88; 20/2000; 18/2005]
(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 the day of nomination, and if not so delivered, shall be rejected.
[18/2005]
(3)  The Returning Officer shall immediately cause a copy of the nomination paper 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 the 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 for that electoral division.
[18/2005]
Amendment of nomination papers
29A.
—(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 the day of nomination,
the Returning Officer may, before making his decision under section 29 or 30, 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 the day of nomination.
[18/2005]
(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 30), the candidate or person seeking nomination, as the case may be, may, at any time before 12 noon on the day of nomination but no later, take such action as may be necessary to correct any such error or omission in his nomination paper.
[18/2005]
(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 for an electoral division; or
(b)
as proposer, seconder or assentor.
[18/2005]
(4)  In this section, “error” has the same meaning as in section 103.
[18/2005]
Objections to nomination papers
30.
—(1)  Objection may be made to a nomination paper on all or any of the following grounds but on no other ground:
(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 capable of being elected a Member of Parliament;
(d)
that the provisions of section 27A or 28 have not been observed.
[10/88]
(1A)  Without prejudice to subsection (4), an objection to the nomination paper of a candidate or a group of candidates for election for an electoral division may only be made by —
(a)
another candidate for election for that same electoral division;
(b)
that other candidate’s proposer, seconder or any of his assentors; or
(c)
the one other person (if any) appointed in writing by that other candidate to be present on the day and at the place of nomination.
[18/2005]
(2)  No objection to a nomination paper shall be allowed —
(a)
unless it is made to the Returning Officer between 11 a.m. and 12.30 p.m. on the day of nomination; or
(b)
on the ground that a group seeking election in any constituency designated under section 8A(1)(b) does not consist of at least a person belonging to the Malay community or a person belonging to the Indian or other minority communities as required under section 27A(4), if any candidate in that group has delivered to the Returning Officer under section 27B(3)(c) a certificate issued to the candidate under section 27A(6).
[10/88]
(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 90.
[42/2005]
Persons entitled to be present during nomination proceedings
31.  The following persons, and no others, shall be entitled to be present at the proceedings specified in sections 29 and 32:
(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.
[18/2005]
Withdrawal of candidature
32.
—(1)  A candidate may before 12 noon on the day of nomination, but not afterwards, withdraw his candidature by giving, in person, a notice to that effect signed by him to the Returning Officer.
[18/2005]
(2)  The Returning Officer shall immediately cause notice of the withdrawal to be posted in a conspicuous position outside the place of nomination.
Multiple nominations
32A.
—(1)  If at 12 noon on the day of nomination in relation to an election —
(a)
a person is nominated to be a candidate for election in more than one electoral division at a general election; or
(b)
a person is nominated more than once to be a candidate for election in the same electoral division,
each such nomination shall be deemed to be void.
[18/2005]
(2)  Subsection (1) shall also apply where 2 or more by-elections are held at the same time.
[31/2001]
UNCONTESTED ELECTIONS
Uncontested elections
33.
—(1)  If, on the day of nomination in any electoral division, after the decision by the Returning Officer on any objection which may have been lodged, only one candidate or a group of candidates stands nominated for that division, the Returning Officer shall immediately —
(a)
declare the nominated candidate or the group of candidates to be elected; and
(b)
cause the name or names of the Member or Members so elected to be published in the Gazette.
[10/88; 18/2005]
(2)  Nothing in sections 29 and 30 shall prevent the Returning Officer from exercising any of his powers under subsection (1) before 12.30 p.m. if, at 12 noon on the day of nomination for an election in any electoral division, only one candidate or one group of candidates stands nominated for that electoral division.
[18/2005]
CONTESTED ELECTIONS
Contested elections
34.
—(1)  If, on the day of nomination in any electoral division, after the decision by the Returning Officer on any objections which may have been lodged, more candidates than one stand nominated for that division, 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 that candidate’s name.
(1A)  The Returning Officer may, in his discretion, allot to any candidate some other symbol selected by the candidate or by the political association to which he belongs.
(2)  In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification published in the Gazette.
(3)  Subject to subsection (1A), the determination of the approved symbol to be allotted to each candidate shall be made by lot by the Returning Officer.
(4)  No candidate shall be allotted any symbol which is of any racial or religious significance.
(5)  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.
(6)  The Returning Officer shall cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —
(a)
the electoral division in which the election is contested;
(b)
whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;
(c)
the day and hours of the poll at every overseas polling station;
(d)
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);
(e)
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
(f)
the situation of the polling stations for that electoral division and the particular polling stations, if any, reserved for female voters.
[19/2001; 10/2010]
(7)  In computing time for the purposes of subsection (6)(d), the last day of the period shall not be excluded only by reason of the fact that it is a Sunday or that it is a public holiday under the provisions of this Act or of any other written law.
(8)  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.
[10/2010]
(9)  Where the Returning Officer has countermanded the poll under subsection (8), all proceedings with reference to the election shall be commenced afresh, except that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.
Contested elections in group representation constituencies
34A.
—(1)  If, on the day of nomination, in any group representation constituency, after the decision by the Returning Officer on any objection which may have been lodged, more groups than one stand nominated for that constituency, the Returning Officer shall —
(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 group of candidates an approved symbol which shall be printed on the ballot paper opposite the names of each group.
(1A)  The Returning Officer may, in his discretion, allot to any group of candidates some other symbol selected by the group or the political party to which it belongs.
[10/88]
(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.
[10/88]
(3)  Subject to subsection (1A), the determination of the approved symbol to be allotted to each group of candidates shall be made by lot by the Returning Officer.
(4)  No group of candidates shall be allotted any symbol which is of any racial or religious significance.
[10/88]
(5)  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.
[10/88]
(6)  The Returning Officer shall cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —
(a)
the group representation constituency in which the election is contested;
(b)
whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;
(c)
the day and hours of the poll at every overseas polling station;
(d)
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);
(e)
the names of the candidates in each group in the order in which they will be printed on the ballot papers, the symbol allotted to each group of candidates and the names of their proposers and seconders; and
(f)
the situation of the polling stations for that group representation constituency and the particular polling stations, if any, reserved for female voters.
[10/88; 19/2001; 10/2010]
(7)  In computing time for the purposes of subsection (6)(d), the last day of the period shall not be excluded only by reason of the fact that it is a Sunday or that it is a public holiday under the provisions of this Act or of any other written law.
[10/88]
(8)  If, after the election in a group representation constituency has been reported as contested, one of the candidates nominated for that constituency dies before the poll has commenced, the Returning Officer shall, upon being satisfied of the fact of the death —
(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 in that constituency, at least 4 clear days before the fresh date fixed for the nomination.
[10/2010]
(8A)  Where the Returning Officer has countermanded the poll under subsection (8), all proceedings with reference to the election shall be commenced afresh, except that no fresh nomination shall be necessary in the case of any group which stood nominated at the time of the countermand of the poll.
[10/88]
(9)  Section 34 shall not apply to any election in any group representation constituency.
[10/88]
Polling day at general election to be public holiday
35.  Polling day at any general 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.
Presiding officers
36.
—(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.
(1A)  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.
(1B)  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.
(2)  If any presiding officer is, by sickness or other cause, prevented from acting at any election and there is insufficient time for another person to be appointed by the Returning Officer, the presiding officer may appoint a deputy to act for him.
(2A)  Every such appointment shall as soon as possible be reported to the Returning Officer and may be revoked by the Returning Officer, but without prejudice to the validity of anything already done by the deputy.
(3)  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.
Polling places and polling stations
36A.
—(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, for the purposes of the poll at any election, approve the use of such of the following premises outside Singapore that are within —
(a)
an embassy, a High Commission, diplomatic mission, permanent mission or consulate of Singapore in a country or territory outside Singapore; or
(b)
the official residence of any person who is appointed to hold or act in any of the following offices in a country or territory outside Singapore:
(i)
an ambassador, a High Commissioner, Consulate-General or head of a diplomatic mission or consulate;
(ii)
the Permanent Representative; or
(iii)
such other senior diplomatic or consular office as the Minister may, from time to time, prescribe for the purposes of the definition of an “overseas polling station” in section 2(1),
as the Returning Officer thinks practicable or suitable as an overseas polling station for overseas electors to cast their votes thereat.
[14/2008]
(3)  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]
Facilities to be provided at polling stations
37.
—(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 name of each candidate in English, Malay, Chinese and Tamil, and the symbol allotted to the candidate under section 34.
(2)  The names of the candidates shall be arranged alphabetically in English in the order of their surnames, and if there are 2 or more candidates with the same surname, of their other names.
(3)  Subsections (1) and (2) shall not apply to any election in any group representation constituency.
[10/88]
(4)  Outside each polling station in any group representation constituency, there shall be affixed in a conspicuous place by the presiding officer before the commencement of the poll a notice showing the names of the candidates in each group in English, Malay, Chinese and Tamil, and the symbol allotted to each group under section 34A.
(5)  The names of the candidates in each group shall be arranged alphabetically in English in the order of their surnames, and if there are 2 or more candidates with the same surname, of their other names.
(6)  The groups of candidates shall be arranged alphabetically in English in the order of the surnames of the first candidates in each group and if there are 2 or more such candidates with the same surname, of their other names.
[10/88]
(7)  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.
(8)  The Returning Officer shall determine, or may authorise the presiding officer or senior presiding officer to determine, in what manner those facilities shall be distributed among the electors entitled to vote at that station.
(9)  An election shall not be questioned by reason of non-compliance with subsection (7) or (8) or any informality relative to polling stations.
Registers of electors to be conclusive evidence of right to vote
38.
—(1)  Without prejudice to subsection (2), the register of electors in operation in accordance with this Act at the time of any election of a Member to represent the electoral division to which the register relates shall be conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election.
(2)  The right and duty 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.
(3)  Any vote given by the person mentioned in subsection (2) 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.
(4)  A person who, by reason of circumstances existing on the day of the election, is not, by virtue of section 5 or 6, entitled to have his name entered or retained in any register of electors shall not be entitled to vote at the election.
(5)  If the person mentioned in subsection (4) 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, and if at that date he has been elected a Member, his election shall be vacated from the date of the conviction.
[10/2010]
(6)  Nothing in this section shall affect the liability of any person to any penalty for an infringement of section 7 relating to plural voting.
Admittance to polling station
39.
—(1)  Subject to subsections (1A) and (2A), no person shall be admitted to vote at any polling station except the polling station allotted to him.
[19/2001]
(1A)  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 within that division, and it is inconvenient for him to vote at the polling station in the division which has been allotted to him, the Returning Officer may authorise the elector, by a certificate under his hand, to vote at any other polling station in the division, and that polling station shall, for the purposes of this section, be deemed to be the polling station allotted to that elector.
(2)  The certificate referred to in subsection (1A) shall be given under the hand of the Returning Officer and shall state the name of the elector and his number, description in the register of electors, and the fact that he is so employed as aforesaid.
(2A)  Subject to section 7, an overseas elector shall also be entitled to be admitted to vote at the overseas polling station allotted to him under section 13A.
[19/2001; 14/2008]
(3)  Unless the Returning Officer, by notification in the Gazette under this section or section 56C or under section 50C(3)(b), appoints any other hour, the poll in any electoral division shall open at 8 a.m. on the day appointed under section 34 or 34A, as the case may be, and shall close at 8 p.m. on that day.
[19/2001; 10/2010]
(4)  The presiding officer shall —
(a)
keep order in his 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.
(5)  The number of polling agents that may be admitted to any polling station for an electoral division shall be as follows:
(a)
only one polling agent for each candidate contesting the election in that electoral division; or
(b)
in the case of a polling station for a group representation constituency, only one polling agent for each group of candidates contesting the election in that constituency.
[42/96]
(5A)  Notwithstanding subsection (5), where more than one polling place has been established at any polling station, only one polling agent for each candidate or each group of candidates, as the case may be, shall be admitted to each such polling place.
[42/96]
(6)  No polling agent whose name has not been notified to the presiding officer as required by section 64(1) shall be admitted to a polling station.
(7)  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.
(7A)  The person removed under subsection (7) shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station.
(7B)  Any person removed under subsection (7), if charged with the commission in that station of any offence, may be kept in custody until he can be brought before a Magistrate.
(8)  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
39A.
—(1)  Subject to section 7, any overseas elector who intends to cast his vote at the poll for a contested election in an electoral division may vote at —
(a)
the overseas polling station allotted to him under section 13A by the Registration Officer; or
(b)
the polling station in the electoral division allotted to him under section 36A(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
40.
—(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 contain —
(a)
a list of the candidates in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames, and, if there are 2 or more candidates with the same surname, of their other names; and
(b)
the symbol allotted to each candidate.
(2A)  Subsection (2) shall not apply to any election in any group representation constituency.
[10/88]
(3)  In respect of any group representation constituency, every ballot paper shall contain —
(a)
a list of the candidates in each group in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order specified in section 37(5) and (6); and
(b)
the symbol allotted to each group.
(3A)  Every ballot paper shall be in the appropriate Form 12 in the First Schedule and shall be capable of being folded.
[10/88]
(4)  Each ballot paper shall have a number printed on the back and shall have attached a counterfoil with the same number printed on the face.
(5)  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
41.
—(1)  Every ballot box shall be so constructed that the ballot papers can be introduced into the box after it has been sealed or locked but cannot be withdrawn from the box unless the seal or lock is broken.
[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
42.
—(1)  Each voter entitled to vote shall be given one ballot paper and shall have one vote.
(1A)  Each voter entitled to vote in any group representation constituency shall have one vote and may vote for any one group of candidates in the manner prescribed by this section.
[10/88]
(2)  The ballot paper shall be delivered to the voter by the presiding officer or a person acting under his authority.
(2A)  Immediately before the ballot paper is delivered to the voter —
(a)
the 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]
(3)  The voter, on receiving the ballot paper, shall 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.
(3A)  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.
(3B)  The voter shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
(4)  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 particular candidate or group of candidates.
[10/88]
(5)  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.
(6)  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.
(7)  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 form set out in the Second Schedule, giving directions for the guidance of voters in voting.
Compulsory voting
43.
—(1)  Every elector shall record his vote at each election in the 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 as have failed to vote at the election and certify the list under his hand.
(3)  Notwithstanding section 49(9) to (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)  Notwithstanding any other provisions of this Act, 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.
(6)  The Registration Officer shall give notice in the Gazette that such list has been received by him from the Returning Officer and that that 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.
(8A)  Where the applicant does not satisfy the Registration Officer under subsection (8), his name shall be restored to the register on payment of the sum of $50 to the Registration Officer.
[10/2010]
(9)  Any name to be restored to the register under subsection (8) or (8A) 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.
[10/2010]
(10)  Where any person whose name is to be restored to the register under subsection (8) or (8A) 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 24 for an election in any electoral division, no name shall be restored to the register of that division until after nomination day or, if a poll is to be taken, until after polling day.
Declarations by voters
44.
—(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 to all or any of the declarations set out in Forms 13, 14 and 15 in the First Schedule.
(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 such declaration, the presiding officer may refuse to give him a ballot paper.
(4)  If any person wilfully makes a false statement in any such 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.
[10/2010]
Spoilt ballot papers
45.
—(1)  A voter who has inadvertently dealt with his ballot paper in such a 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
46.
—(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 shall, on taking an oath of identity, which may be administered by the presiding officer and which shall be in Form 16 in the First Schedule, 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 in a list (referred to in this Act as the tendered votes list).
(3)  Tendered ballot papers shall be dealt with in the manner hereinafter provided.
Closing of poll
47.
—(1)  No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll.
(2)  Notwithstanding subsection (1), if at the hour fixed for the closing of the poll 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
48.
—(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 or an Assistant Returning Officer at the counting place where the votes cast at the polling station are to be counted in accordance with the provisions of this Act.
(4)  Where the Returning Officer has, in any direction made under section 48A(1), specified a polling station to be a counting place, the presiding officer of the polling station shall keep at that station every such packet and the ballot box or boxes in safe custody pending counting of the votes at that polling station.
[42/96]
Counting places
48A.
—(1)  The Returning Officer may —
(a)
direct that the votes cast at any polling station or stations in Singapore for an electoral division be counted at such counting place for that electoral division (which may or may not be a polling station) and time as he may specify; and
(b)
where more than one counting place is specified for an electoral division under paragraph (a), direct that the total number of votes given to each candidate or group of candidates at the poll be ascertained at a principal counting place for that electoral division (which may or may not be a counting place for that division) and time as he may specify.
[42/96; 19/2001]
(2)  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]
(3)  The Returning Officer shall give notice in writing of his direction under subsection (1) or (2) to each candidate or his election agent not less than 2 clear days before polling day.
[42/96; 19/2001]
(4)  Where polling at all polling stations established for the purposes of a poll in an electoral division is postponed under section 56C, the conduct of the counting of votes cast for the electoral division shall stand postponed until such other time as the Returning Officer, by notice in writing to each candidate or his election agent, shall specify.
[10/2010]
(5)  Where polling at any polling station established for the purposes of a poll in an electoral division is temporarily suspended, adjourned and postponed or abandoned and re-started under section 56C, the conduct of the count in respect of votes cast at the other polling stations for that electoral division at which the poll has closed, shall stand postponed until such other time as the Returning Officer, by notice in writing to each candidate or his election agent, shall specify.
[10/2010]
Counting votes
49.
—(1)  Subject to subsection (2) —
(a)
counting agents for any candidate nominated for an electoral division other than a group representation constituency may be appointed either by the candidate or his election agent only; and
(b)
counting agents for any group of candidates nominated for a group representation constituency may be appointed either by the election agent of any candidate in the group or the principal election agent for that group only.
[18/99]
(2)  Not more than one counting agent may be appointed for a candidate or group of candidates to attend the counting of votes at each counting place specified in the direction made under section 48A(1).
[18/99]
(2A)  The Returning Officer shall make arrangements for the counting of votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —
(a)
where only one counting place is specified for an electoral division in a direction made under section 48A(1) — after he has received at that counting place all the ballot boxes used during the poll conducted in Singapore; or
(b)
where more than one counting place is specified for an electoral division in a direction made under section 48A(1), after —
(i)
the procedure in section 48 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.
[42/96; 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.
(4A)  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 back of the papers.
(5)  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.
(6)  The Returning Officer shall not count the tendered ballot papers but shall place them in separate packets according to the candidate or group of candidates whom they support and shall mark each packet with the name of the candidate or group of candidates and shall seal the packet and retain it unless it is required for the purposes of an application under section 90.
[10/88; 42/2005]
(7)  Where only one counting place is specified for an electoral division under section 48A(1), the Returning Officer shall, when the counting of votes cast at all polling stations in Singapore is completed at that sole counting place or, if a recount thereof is allowed under section 49B, after that recount is completed, immediately act as follows:
(a)
where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates 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 in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of 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 or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.
[19/2001]
(7A)  Where more than one counting place is specified for an electoral division in a direction made under section 48A(1), an Assistant Returning Officer shall, immediately after the counting of votes cast in Singapore is completed at the counting place under his charge and, if a recount thereof is allowed under section 49B, after the recount is completed, at each counting place for the electoral division —
(a)
announce to the candidates or their counting agents as attend the number of votes given to each candidate or group of candidates;
(b)
prepare a record (referred to in this Act as the record of counting) in a prescribed form containing the number of votes given to each candidate or group of candidates and other results of the counting of votes at his counting place, and certify that record;
(c)
transmit to the principal counting place for that electoral division, by any means available, the results of the counting of votes at his counting place; 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.
[42/96; 19/2001]
(7B)  Except with the sanction of the Returning Officer, no person other than the following persons may be present at a principal counting place during the addition of votes:
(a)
the Returning Officer and such other officers and staff appointed by him to assist him in adding the votes cast for each candidate or group of candidates at the counting places and ascertaining the total number of votes given to each candidate or group of candidates at the poll; and
(b)
the candidates and their election agents or, where the votes to be added relate to a group of candidates, the groups of candidates and their principal election agents.
[42/96]
(7C)  Notwithstanding subsection (7B), where a principal counting place is also a counting place, such counting agents as were present during the counting of votes may continue to be present during the addition of votes.
[42/96]
(7D)  At a principal counting place for an electoral division, the Returning Officer shall, upon receipt of the results of the counting of votes at all counting places for that electoral division, ascertain the total number of votes given to each candidate or group of candidates at the poll by adding up the number of votes recorded for each candidate or group of candidates in those results.
[42/96]
(7E)  When the total number of votes cast at polling stations in Singapore for each candidate or (as the case may be) group of candidates at an election in an electoral division is ascertained under subsection (7D), or if a recount thereof is allowed under section 49B, 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 in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates 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 in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of 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 or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.
[19/2001]
(8)  When, after the counting of votes (including any recount allowed under section 49B) is completed, an equality of votes is found to exist between any candidates or groups of candidates, and the addition of a vote would entitle any of the candidates or groups of candidates to be declared elected, the determination of the candidate or group of candidates to whom the one additional vote shall be deemed to have been given shall be made by lot in the presence of the Returning Officer in such manner as he may determine.
[10/88; 19/2001]
(9)  After the Returning Officer has made any declaration under subsection (7) or (7E), 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 (10), 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]
(10)  A Judge of the High Court 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.
(11)  A Judge of the High Court shall not make an order under subsection (10) 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 90 in connection with the election.
[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 (9).
[16/93]
Counting of votes by overseas electors
49A.
—(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 48A(2).
[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 49, 49B and 50 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 49(7)(b) or (7E)(b), the number of votes given by overseas electors to each candidate or group of candidates shall be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate or (as the case may be) group of candidates, and the Returning Officer shall immediately declare the candidate or (as the case may be) group of candidates 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 49(10), 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
49B.
—(1)  Subject to subsections (3) and (4), any candidate at an election in an electoral division or his counting agent may —
(a)
if he is present at the sole counting place specified for the electoral division 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 electoral division and the votes counted at all counting places for that electoral division 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 a 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 in an electoral division 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 or (as the case may be) group of candidates with the most votes and the number cast for any other candidate or (as the case may be) group of candidates 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 49 to declare any candidate or group of candidates elected until the candidates or counting agents present at the sole counting place for an electoral division or the principal counting place for the electoral division, 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 49 and 50.
[19/2001]
(7)  This section and section 50 shall apply to the recounting of votes cast by overseas electors with such modifications as are necessary.
[19/2001]
Votes to be rejected
50.
—(1)  The Returning Officer shall reject as invalid the following ballot papers only, namely, any ballot paper —
(a)
which does not bear the complete official mark for the authentication of ballot papers or is not initialled by the presiding officer;
(b)
on which votes are given for more than one candidate or group of candidates;
(c)
on which anything is written or marked by which the voter can be identified except the printed number on the back;
(d)
which is unmarked; or
(e)
which is void for uncertainty.
[10/88; 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 or group of candidates 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.
[10/88]
(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 90.
[42/2005]
Approval of DRE voting systems
50A.
—(1)  No DRE voting system shall be used at any poll in any electoral division unless the DRE voting system is approved before the date of the writ of the election under section 24 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 in any electoral division 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 or groups of candidates as are nominated for the election;
(c)
operates safely and efficiently and accurately counts all votes cast for each candidate or group of candidates;
(d)
is set to detect voting errors and to reject all votes for any candidate or group of candidates 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 34(6) or (as the case may be) 34A(6), 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
50B.
—(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 34(6) or (as the case may be) 34A(6) —
(a)
a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes;
(b)
booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act; and
(c)
a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station.
[19/2001]
(2)  Not earlier than 4 clear days before polling day, the Auditor-General or person appointed by the Minister under section 50A(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.
50C.
—(1)  Immediately before the commencement of the poll in any electoral division specified in a notice under section 34(6) or (as the case may be) 34A(6), 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 50B(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 any 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
50D.
—(1)  Except as otherwise provided in sections 50B and 50C 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 35 to 51, 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 Gazette
51.  The Returning Officer shall immediately after the result has been declared by him under section 49(7)(a) or (7E)(a) and all the votes cast by overseas electors have been counted or after the result has been declared by him under section 49A(5), as the case may be, compile a statement of the poll in Form 17 in the First Schedule and shall cause the name or names of the Members so elected and also the statement to be published in the Gazette.
[19/2001]
Election of non-constituency Members in certain circumstances
52.
—(1)  At any general election, the number of non-constituency Members to be declared elected shall be the whole number (ignoring any less than 0) ascertained in accordance with the formula
where B is the total number of Opposition Members elected to Parliament in accordance with section 49(7) or (7E) or 49A(5), as the case may be.
[10/2010]
(1A)  [Deleted by Act 10 of 2010 wef 02/07/2010]
(2)  Subject to subsection (3A), the non-constituency Member or Members to be declared elected under subsection (1) shall be determined from among the candidates of those political parties (other than the party or parties that will form the Government) contesting the general election on the basis of the percentage of the votes polled at the same general election by such candidates in the following order of priority — the candidate receiving the highest percentage of votes being placed first and the other candidates being placed in descending order in accordance with the percentages of votes polled by them.
[10/2010]
(3)  Subject to subsection (3A), where any non-constituency Member is to be declared elected under this section, the Returning Officer shall, as soon as he determines the candidate who stands first in accordance with the order of priority under subsection (2), declare that candidate to be so elected; and if more than one non-constituency Member are to be declared elected, the Returning Officer shall declare as so elected the next succeeding candidate or candidates, as the case may be, in the order of priority under subsection (2).
(3A)  A candidate shall not be declared as so elected under subsection (3) if —
(a)
he has polled less than 15% of the total number of votes (other than rejected votes) polled at the election in the electoral division contested by him;
(b)
2 other candidates at the election in the same group representation constituency have been declared to be elected under subsection (3); or
(c)
one other candidate at the election in the same electoral division that is not a group representation constituency has been declared to be elected under subsection (3).
[10/2010]
(3B)  Where there is an equality of the percentage of the votes between any candidates and the number of such candidates who are eligible to be declared elected under this section exceeds the number of non-constituency Members to be declared elected, the determination of the candidate or candidates to be declared elected shall be as follows:
(a)
if all such candidates are from the same group, the Returning Officer shall inform that group of the number of candidate or candidates in that group to be declared elected and the group shall within 7 days determine among themselves who shall be declared elected and shall immediately notify the Returning Officer of such determination; or
(b)
in any other case, or where the group referred to in paragraph (a) fails to notify the Returning Officer, the determination shall be made by lot in the presence of the Returning Officer in such manner and at such time as he may determine.
[10/88]
(3C)  Upon receipt of a notification under subsection (3B)(a), the Returning Officer shall as soon as possible declare the candidate or candidates determined under that subsection to be elected as a non-constituency Member or Members, as the case may be.
[10/88]
(3D)  For the purposes of this section and section 53, each candidate in a group for any group representation constituency shall be deemed to have received in respect of that constituency the percentage of the votes polled by that group in that constituency.
[10/88]
(4)  In this section, “Opposition Member” means a Member of Parliament who is not a member of the political party or parties forming the Government.
Failure to take Oath of Allegiance by non-constituency Member
53.
—(1)  Subject to subsection (3), if any non-constituency Member declared to be elected under section 52 fails to take and subscribe before Parliament the Oath of Allegiance under Article 61 of the Constitution at the first or second sitting of Parliament during its first session after the general election, Parliament may by resolution declare that his seat has become vacant and that it be filled by the next succeeding candidate at the general election in the order of priority as determined in accordance with section 52(2) from among those candidates who are eligible to be elected as non-constituency Members and have not been so elected.
(2)  The candidate last-mentioned in subsection (1) shall upon such resolution be deemed to be elected as a non-constituency Member under section 52 in place of the non-constituency Member whose seat was declared vacant.
[22/84]
(3)  Parliament shall not move any resolution under subsection (1) unless the next succeeding candidate has polled not less than 15% of the total number of votes (other than rejected votes) polled at the election in the electoral division contested by him.
[22/84]
Failure to comply with provisions of this Act
54.
—(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.
Offences
55.
—(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 50B(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, on conviction, 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, and if at that date he has been elected a Member, his election shall be vacated from the date of the conviction.
[21/91; 19/2001; 10/2010]
(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.
[15/2010]
Maintenance of secrecy at elections
56.
—(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 Form 18 in the First Schedule.
(2)  The Returning Officer shall have power to administer any oaths required to be taken under subsection (1).
(3)  Subject to subsection (3A), 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 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 such officer, clerk, interpreter, candidate or agent, and no person shall —
(a)
attempt to obtain in the polling station information as to the candidate or group of candidates, 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 or group of candidates, for whom any voter in the 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 station.
[10/88]
(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 or group of candidates, for whom any vote is given by any particular ballot paper.
[10/88]
(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 he has placed it in a ballot box, or after the voter has been authorised to use an approved DRE voting machine to mark or record his vote and before he marks or 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.
[10/2010]
POSTPONEMENT AND
ADJOURNMENT OF ELECTIONS
Postponement of nomination day, etc.
56A.
—(1)  Notwithstanding any other provision of this Act, at any time before the day of nomination appointed for any election in any electoral division, the President may postpone the date for the nomination of candidates 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 29 to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings.
[10/2010]
(2)  Any postponement of the date for the nomination of candidates 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 the day of nomination 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 in the electoral division for which the election is to be held describing the postponement of the day of nomination 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 day of nomination or place of nomination so fixed, as the case may be.
[10/2010]
Change in hours for nomination of candidates, etc.
56B.
—(1)  Notwithstanding any other provision of this Act but subject to subsection (3), at any time before the day of nomination appointed for any election in any electoral division, 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 29 to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings.
[10/2010]
(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 in the electoral division for which the election is to be held describing the change in the hours for nomination proceedings,
and any change so made shall be valid and sufficient.
[10/2010]
(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;
(c)
shall specify the latest time by which a candidate must make his deposit for the purposes of section 28, may correct errors in the nomination papers and may withdraw his candidature; and
(d)
shall specify the time by which the nomination of a candidate who is the subject of multiple nominations described in section 32A shall be void.
[10/2010]
(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 25 for an election in an electoral division shall be deemed to be the hours for nomination proceedings so fixed, and sections 27, 27A, 27B, 28, 29, 29A, 30, 32, 32A and 33 shall apply with such modifications as are necessary.
[10/2010]
Adjournment, etc., of polling
56C.
—(1)  Notwithstanding any other provision of this Act, if at any time before the polling day appointed in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the polling at all polling stations established for the purposes of the poll in the electoral division 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 all of those polling stations, the Returning Officer may postpone the polling day for that election to another day, except that the postponed poll for an election that is a general election must be within 3 months after the dissolution of Parliament.
[10/2010]
(2)  Notwithstanding any other provision of this Act, if at any time before or during the conduct of polling in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the polling at any polling station established for the purposes of the poll in the electoral division 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; or
(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.
[10/2010]
(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 for an election that is part of a general election must be held within 3 months after the dissolution of Parliament.
[10/2010]
(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 in the electoral division for which the election is to be held 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.
[10/2010]
(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.
[10/2010]
(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.
[10/2010]
(7)  Nothing in this section shall restrict the exercise of any power under section 50C(3).
[10/2010]
Voting at adjourned polling
56D.  Where for any reason the polling at any polling station established for the purposes of the poll in any electoral division is so suspended or postponed under section 50C(3) or 56C, only those electors —
(a)
who are registered electors for that electoral division for which the polling station is established;
(b)
who are entitled to vote as electors for that electoral division 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.
[10/2010]
Adjournment, etc., of counting
56E.
—(1)  Notwithstanding any other provision of this Act, if at any time before or during the counting of votes in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the counting of votes at any counting place for the electoral division 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 3 months after the dissolution of Parliament in the case of a general election) the polling at all polling stations which are specified in the direction under section 48A 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.
[10/2010]
(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 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 be held in place of the suspended, adjourned, postponed or abandoned count, as the case may be.
[10/2010]
(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.
[10/2010]
(4)  Before every temporary suspension or adjournment 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.
[10/2010]
(5)  Before resuming the counting of votes following any such 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.
[10/2010]
(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.
[10/2010]
(7)  In this section, any reference to counting of votes includes a reference to the recounting of votes.
[10/2010]
Adjournment, etc., of adding of counted votes
56F.
—(1)  Notwithstanding any other provision of this Act, if at any time before or during the adding of all the counted votes in respect of an election in an electoral division, it appears to the Returning Officer that, in relation to the electoral division, the adding of those votes at the principal counting place for the electoral division 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 for that electoral division, 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.
[10/2010]
(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 concerned, 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 concerned and where applicable, specify the date and time on and at which addition of votes at that 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.
[10/2010]
(3)  If, in exercising any power under subsection (1), the Returning Officer changes the location of any principal counting place, the announcement and notice given under subsection (2) shall also contain the address of the re-located principal counting place.
[10/2010]
(4)  Any temporary suspension, adjournment or postponement (as the case may be) of the addition of votes at any 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.
[10/2010]
CORRUPT PRACTICES
Personation
57.
—(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
58.
—(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 meat, 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 meat, 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 meat, 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 meat, drink, refreshment, cigarette, entertainment or other provision or thing.
Undue influence
59.  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
60.  The following persons shall be deemed guilty of the offence of bribery:
(a)
every person who, 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)
every person who, 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)
every person who, 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 a Member of Parliament, or the vote of any elector or voter at any election under this Act;
(d)
every person who, 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)
every person who 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 a Member of Parliament, or the vote of any elector or voter at an election under this Act;
(f)
every person who —
(i)
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
(ii)
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)
every elector or voter who, 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)
every person who, 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)
every person who, directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate or group of candidates, at an election, or on account of and as payment for his having assisted or agreed to assist any candidate or group of candidates, at an election, applies to that candidate or to any candidate in that group, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;
(j)
every person who, directly or indirectly, by himself or by any other 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.
[10/88]
Punishment and incapacities for corrupt practice
61.
—(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)
publishes or causes to be published any election advertising during the period beginning with the day the writ of election is issued for an election and ending with the start of polling day at that election which —
(i)
in the case of election advertising that is, or is contained in, a printed document, does not bear on its face or, if there is more than one side of printed matter, on the first or last page of the document, the names and addresses of its printer, its publisher and the person for whom or at whose direction the election advertising is published; or
(ii)
in the case of any other election advertising, does not bear in the form and manner prescribed under section 78A the names and addresses of its publisher and the person for whom or at whose direction the election advertising is published;
(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 74 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;
(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.
[31/2001; 10/2010]
(2)  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, and if at that date he has been elected a Member, his election shall be vacated from the date of the conviction.
[21/91]
(3)  A prosecution for a corrupt practice except any corrupt practice as defined in subsection (1)(d) and (e) shall not be instituted without the consent of the Public Prosecutor.
[15/2010]
(4)  Without prejudice to section 57, every offence of undue influence or bribery under section 59 or 60, as the case may be, 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).
[10/2010]
(5)  Where any election advertising is published in contravention of subsection (1)(c), the printer of the election advertising as well as the person for whom or at whose direction the election advertising is published shall each also be guilty of a corrupt practice and shall each be liable on conviction to the same punishment and incapacity under this section as the publisher thereof.
[31/2001]
(6)  Subsection (1)(c) shall not apply in respect of —
(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 a document directly by a person or a group of persons to their members, employees or shareholders, as the case may be;
(c)
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);
(d)
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; or
(e)
such other circumstances or activities as may be prescribed by the Minister by order in the Gazette.
[31/2001; 10/2010]
ELECTION AGENT,
ELECTION EXPENSES
AND ILLEGAL PRACTICES
Nomination of election agent
62.
—(1)  On or before the day of nomination at an election, a person shall be named in writing by or on behalf of each candidate as his agent for that election and the person is referred to in this Act as the election agent.
(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, and any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.
(3)  On or before the day of nomination, the name and address of the 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 then immediately, by affixing a notice in a conspicuous place outside his office, give public notification of the name and address of every election agent so declared.
(4)  One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.
(4A)  In the event of such revocation or of the death of an election agent, whether the event is before, during or after the election, another election agent shall immediately be appointed, and his name and address declared in writing to the Returning Officer, who shall immediately give public notice of the name and address in the manner specified in subsection (3A).
(5)  A principal election agent for a group of candidates shall be appointed by the candidates from amongst their election agents and the provisions of this section relating to the appointment and revocation of appointment of an election agent and public notification thereof shall apply, with the necessary modifications, in respect of a principal election agent.
[42/96]
(6)  The election agent of a candidate (referred to as candidate A) belonging to a group of candidates may act by the election agent of any other candidate belonging to the same group (referred to as a sub-agent) whom the first-mentioned election agent authorises in writing in respect of such expenses incurred on account of or in respect of the conduct or management of the election for the candidates as is named in the authority, and —
(a)
anything done by or to the sub-agent shall be deemed to be done by the election agent and sub-agent jointly; and
(b)
the candidate A shall suffer the like incapacity as if any act or default of the sub-agent had been his election agent’s act or default.
[10/2010]
(7)  For the avoidance of doubt, nothing in subsection (6) prevents an election agent of a candidate belonging to a group from authorising in writing more than one sub-agent from among the respective election agents of the other candidates belonging to the same group.
[10/2010]
(8)  The authorisation of a sub-agent under subsection (6) —
(a)
shall not be vacated by the election agent who authorised him ceasing to be an election agent; and
(b)
may be revoked by whoever is for the time being the election agent.
[10/2010]
(9)  The references in sections 64, 65(1) and (1A), 66, 68 and 69 to an election agent of a candidate (referred to as candidate A) shall, in relation to an election in a group representation constituency, be taken as references to the election agent —
(a)
acting by himself; or
(b)
acting by the election agent of any other candidate belonging to the same group as candidate A whom the first-mentioned election agent has authorised in writing under subsection (6) to act as his sub-agent in respect of such expenses incurred on account of or in respect of the conduct or management of the election for the candidates as are named in that authority.
[10/2010]
Person convicted of corrupt practice not to be appointed election agent
63.  No person shall be appointed an election agent who has within 7 years prior to such appointment been convicted of any corrupt practice under this Act or the Presidential Elections Act (Cap. 240A).
[27/91]
Making of contracts through election agent
64.
—(1)  Subject to subsection (1A), the election agent of a candidate shall —
(a)
appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate at an election;
(b)
hire every committee-room hired on behalf of the candidate; and
(c)
inform the presiding officer at each polling station in writing of the name of every polling agent appointed to act at that station before the person is admitted to the station.
[42/96]
(1A)  In the case of a group of candidates, either the principal election agent for the group or the election agent of any candidate in that group shall appoint every polling agent on behalf of the group of candidates at an election and shall inform the presiding officer at each polling station in writing of the name of every polling agent appointed to act at that station before the person is admitted to the station.
[42/96; 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 himself or by his election agent.
(3)  Any inability under this section to enforce the contract against the 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
65.
—(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 the 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 his election agent and not otherwise.
(2)  Subsections (1) and (1A) shall not be deemed to apply to —
(a)
any payments made by the Returning Officer;
(b)
any payments which are, in accordance with section 66(8), (9) or (10) or 68(1), made by the candidate;
(c)
any expenses which are paid in accordance with section 68(4) by a person or political party authorised as mentioned in that section; and
(d)
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.
[10/2010]
(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
66.
—(1)  Every payment made by an election agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election shall, except where less than $10 or 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 his election agent 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.
(3)  Except as by this Act permitted, 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.
(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 by this Act permitted, the time limited by this Act for the payment of those expenses shall be 28 days after the date of publication of the result of the election in the Gazette.
(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 he be subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.
(7)  If the 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.
(8)  The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent 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 the election