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 in 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.

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(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 or consulate of Singapore situated in any territory outside Singapore.

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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).

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(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.

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(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 in duplicate 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.

(6) Every objection to the insertion of the name of any claimant in the register shall be made in writing in duplicate 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).

(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 otherwise 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.

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(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;

(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 the person as an overseas elector.

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(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.

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(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.

(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, expunge the name of the person from any register of electors.

(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 a place of residence.

(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 at the time of the removal of his name, the Registration Officer shall transfer the name of that person to the appropriate register.

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(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 who is entitled to have his name entered or retained in any register of electors for an electoral division and who —

(a) is not resident in Singapore but has resided in Singapore for an aggregate of 2 years during the period of 5 years immediately preceding the prescribed date referred to in section 5; or

(b) is —

(i) a member of the Singapore Armed Forces on full-time training or service outside Singapore;

(ii) a public officer or an employee of any public authority employed in full-time service outside Singapore;

(iii) a public officer or an employee of a public authority on full-time training outside Singapore;

(iv) a citizen of Singapore of not less than 21 years of age on full-time training outside Singapore that is sponsored by the Government or any public authority;

(v) employed outside Singapore by an international organisation of which Singapore is a member or by any other body or organisation designated by the President under Article 135 (1) (c) (ii) of the Constitution of the Republic of Singapore; or

(vi) the spouse or a parent, child or dependant of any person referred to in sub-paragraph (i), (ii), (iii), (iv) or (v) and is living with that person,

may, not later than 21 days after the date of publication in the Gazette of the notice under section 10 (3) or 15 (2), as the case may be, of the notice of completion of the register, apply to the Registration Officer to be registered as an overseas elector for an electoral division at —

(A) any place in or near the electoral division specified in that notice; or

(B) any overseas registration centre.

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(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;

(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.

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(3)   Notwithstanding anything to the contrary in section 13, the Registration Officer may, on receipt of any application under subsection (1), before or at any time after certifying any register of electors for any electoral division —

(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.

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(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.

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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 letter 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 $100.

(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 forthwith 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 $200.

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 copy thereof, is open for inspection at all reasonable hours of the day at the office of the Registration Officer and at such 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.

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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 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.

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(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.

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(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.

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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.

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

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

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(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.

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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 $100.

(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).

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.

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(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.

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(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).

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(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 $1,000 or to imprisonment for a term not exceeding 6 months or to both.

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(5)   In this section, “candidate” includes a candidate at any presidential election.

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