PARLIAMENTARY ELECTIONS ACT

CONTESTED ELECTIONS

Contested elections
34. —(1) If, on the day of nomination in any electoral division, after the decision by the Returning Officer of any objections which may have been lodged, more candidates than one stand nominated for that division, the Returning Officer shall —

(a) forthwith 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;

(d) the date on which the poll will be taken, the date being not less than 9 days or more than 8 weeks after the date of publication of the notice in the Gazette;

(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]

(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 for the election.

(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) forthwith 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;

(d) the date on which the poll will be taken, the date being not less than 9 days or more than 8 weeks after the date of publication of the notice in the Gazette;

(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]

[10/88]

(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 for the election in that constituency.

(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 premises within any embassy, High Commission, diplomatic mission or consulate of Singapore situated in any territory outside Singapore as he thinks practicable or suitable as an overseas polling station for overseas electors to cast their votes thereat.

[19/2001]

(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 $500 or to imprisonment for a term not exceeding 6 months.

(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 (3).

[19/2001]

(3) Unless the Returning Officer, by notification in the Gazette 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]

(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.

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(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 (3) 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]

(2) The hours of any poll for any contested election at an overseas polling station shall be not less than 4 hours but not more than 12 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]

(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]

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, 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;

(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 forthwith 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 so satisfy the Registration Officer, his name shall be restored to the register on payment of the sum of $5 to the Registration Officer.

(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 $5 to the Registration Officer, as the case may be.

(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 all or any of the declarations set out in the 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 $500 or to imprisonment for a term not exceeding 6 months.

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 the 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 on 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;

(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 ballot box 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]

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]

(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, forthwith 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 forthwith act as follows:

[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;

(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.

(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 forthwith declare the candidate or (as the case may be) group of candidates to whom the greatest total number of votes cast 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;

(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;

(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.

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;

(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 for 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 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 forthwith 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 the 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 3 (or such greater number not exceeding 6 as the President may by order specify for the purpose of that general election) less the total number of Opposition Members elected to Parliament in accordance with section 49 (7).

[21/91]

(1A) Where any order is to be made under subsection (1), such order shall be made at any time after Parliament is dissolved but not later than the day of nomination for a general election following the dissolution; and the order shall cease to have effect at the next dissolution of Parliament.

[21/91]

(2) 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.

(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) No such candidate shall be declared as so elected under subsection (3) unless he 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.

[21/91]

(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 forthwith 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;

(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 to imprisonment for a term not exceeding 2 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 of Parliament, and if at that date he has been elected a Member of Parliament, his election or appointment shall be vacated from the date of the conviction.

[21/91;19/2001]

(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 a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).

(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 sanction of the Public Prosecutor.

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 $500 or to imprisonment for a term not exceeding 6 months.