PARLIAMENTARY ELECTIONS ACT

PART III

ELECTIONS

Number of Members to be returned for each electoral division and group representation constituency
22. —(1) Subject to subsection (2), each electoral division shall return one Member to serve in Parliament.

[10/88]

(2) Each group representation constituency shall return such number of Members to serve in Parliament as designated for that constituency by the President under section 8A (1) (a).

[10/88;9/91; 42/96]

Assistant Returning Officers
23. —(1) The Minister may, in addition to appointing the Returning Officer under section 3, from time to time appoint by name or by office one or more persons to assist the Returning Officer in the performance of his duties.

(1A) A person appointed to assist the Returning Officer shall have all the powers and may perform all the duties of the Returning Officer and any reference in this Act to the Returning Officer shall, unless the context otherwise requires, be deemed to include a reference to an Assistant Returning Officer.

(1B) An appointment made by the Minister under subsection (1) may be revoked by him at any time.

(2) If the Returning Officer is, by sickness or other cause, prevented or disabled from performing any of his duties under this Act and there is insufficient time for any other person to be appointed by the Minister, the Returning Officer may appoint, by name or office, a deputy to act for him.

(3) Every appointment made under subsection (2) shall as soon as possible be reported to the Minister and may be revoked by the Minister, but without prejudice to the validity of anything already done by the deputy.

Writ of election
24. —(1) For the purposes of every general election of Members of Parliament, and for the purposes of the election of Members to supply vacancies caused by death, resignation or otherwise, the President shall issue writs under the public seal, addressed to the Returning Officer.

(2) Every such writ shall be in Form 1 in the First Schedule and shall specify the date or dates (referred to in this Act as the day of nomination) not being less than 5 days nor more than one month after the date of the writ and the place or places of nomination (referred to in this Act as the place of nomination).

(2A) In respect of any group representation constituency, no writ shall be issued under subsection (1) for an election to fill any vacancy unless all the Members for that constituency have vacated their seats in Parliament.

[10/88]

(3) Upon receipt of the writ, the Returning Officer shall proceed to hold the election in the manner hereinafter provided.

Notice of time and place of election
25. On the President issuing a writ, the Returning Officer shall give notice of the issue of the writ and of the day, time and place of the nomination of candidates by causing a notice in Form 8 in the First Schedule to be published in the Gazette at least 4 clear days before the day fixed for the nomination.

Power to issue second writ
26. If, at any time after the President has issued a writ for the holding of a general election or an election to fill a vacancy in the seat of a Member, it is shown to his satisfaction that in any electoral division owing to any cause whatsoever no election has been held in pursuance of the writ, the President may at any time issue another writ for the holding of an election in that division and sections 24 and 25 shall apply to that writ.

Nomination papers
27. —(1) Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may be nominated as a candidate for election.

(2) A person may be nominated to be a candidate for election only by means of a nomination paper in Form 9 in the First Schedule, which shall —

(a) set out the name, identity card number and occupation of the person;

(b) be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the electoral division in which the person seeks election;

(d) contain a statutory declaration by the person seeking nomination stating that he is qualified to be elected.

[18/2005]

(3) Every candidate shall, at the time of his nomination, deliver to the Returning Officer —

(a) (Deleted by Act 18 of 2005)

(b) a political donation certificate issued to him by the Registrar of Political Donations under section 18 (4) of the Political Donations Act (Cap. 236).

[20/2000;18/2005]

(3A) If the statutory declaration which is required by subsection (2) (d) to be made is not so made, or the political donation certificate which is required by subsection (3) (b) to be delivered is not so delivered, the nomination of the candidate shall be deemed to be void.

[20/2000;18/2005]

(4) The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper to any registered elector requiring it.

[18/2005]

Election of Members on a group basis in group representation constituencies
27A. —(1) In every general election of Members and the election of Members to supply vacancies caused by death, resignation or otherwise, the Members for any group representation constituency shall be elected in accordance with this Act subject to the modifications in this section.

[10/88]

(2) All elections in any group representation constituency shall be held on a basis of a group of such number of candidates as designated for that constituency by the President under section 8A (1) (a).

[10/88;9/91; 42/96]

(3) Subject to subsection (4), any group that desires to contest in any election in any group representation constituency shall consist of such number of candidates as designated for that constituency by the President under section 8A (1) (a), all of whom shall either be —

(a) members of the same political party standing for such election for that political party; or

(b) independent candidates standing as a group.

[10/88;9/91; 42/96]

(4) Where any group representation constituency is —

(a) a constituency designated under section 8A (1) (b) (i), at least one of the candidates in every group shall be a person belonging to the Malay community; or

(b) a constituency designated under section 8A (1) (b) (ii), at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities.

[10/88;9/91]

(5) At any time after the date of the notice of the writ referred to in section 25 and at least 2 clear days before the day of nomination, any person —

(a) belonging to the Malay community who desires to contest as such a person in any election in any constituency designated under section 8A (1) (b) (i); or

(b) belonging to the Indian or other minority communities who desires to contest as such a person in any election in any constituency designated under section 8A (1) (b) (ii),

shall apply in the prescribed manner to the appropriate Committee for a certificate in the prescribed form which shall certify whether the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, as the case may be, for the purposes of any such election.

[10/88]

(6) Upon receipt of any application under subsection (5), the appropriate Committee shall —

(a) determine whether the applicant is a person belonging to the Malay community or a person belonging to the Indian or other minority communities; and

(b) if the appropriate Committee considers that he is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, issue to him not later than the day before the day of nomination a certificate certifying that to be the fact.

(7) Any such certificate shall, for the purposes of this Act, be conclusive as to the fact which it certifies.

[10/88]

(8) In this section and section 27C —

"Committee" means the Malay Community Committee or Indian and Other Minority Communities Committee established under section 27C;

"person belonging to the Malay community" means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community;

"person belonging to the Indian or other minority communities" means —

(a) any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community; or

(b) any person who belongs to any minority community other than the Malay or Indian community.

[10/88]

Nomination papers for elections in group representation constituencies
27B. —(1) Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may, subject to section 27A, be nominated as a candidate with the other candidates in a group for any election in any group representation constituency.

[10/88;9/91]

(2) A group of persons may be nominated to be a group of candidates for election in a group representation constituency only by means of a nomination paper in Form 9A in the First Schedule, which shall —

(a) set out the name, identity card number and occupation of each of those persons;

(b) be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the group representation constituency in which the group seeks election;

(d) contain a statutory declaration by each of the persons seeking nomination stating that he is qualified to be elected, and the political party for which the group stands (if any).

[18/2005]

(3) Every candidate in a group shall, at the time of the nomination of the group, deliver to the Returning Officer —

(a) (Deleted by Act 18 of 2005)

(b) a political donation certificate issued to him by the Registrar of Political Donations under section 18 (4) of the Political Donations Act (Cap. 236); and

(i) the Malay community and is nominated as such a person for election in any constituency designated under section 8A (1) (b) (i); or

(ii) the Indian or other minority communities and is nominated as such a person for election in any constituency designated under section 8A (1) (b) (ii),

a certificate issued to him under section 27A (6) certifying that he is a person belonging to the Malay community or a person belonging to the Indian or other minority communities, as the case may be.

[20/2000;18/2005]

(3A) If any statutory declaration which is required by subsection (2) (d) to be made is not so made, or any certificate which is required by subsection (3) to be delivered by any candidate in a group is not so delivered, the nomination of that group shall be deemed to be void.

[10/88;18/2005]

(5) Where the nomination paper of any group does not comply with this section or section 27A, or where any candidate in a group withdraws or is deemed to have withdrawn his candidature under section 32, the nomination of that group shall be deemed to be void.

[10/88;31/2001]

(6) Section 27 shall not apply to any election in any group representation constituency.

[10/88]

Committee to determine whether prospective candidate is Malay or other racial minority
27C. —(1) For the purposes of section 27A, there shall be established —

(a) a Malay Community Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A (1) (b) (i) belongs to the Malay community; and

(b) an Indian and Other Minority Communities Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A (1) (b) (ii) belongs to the Indian or other minority communities.

[10/88]

(2) The Malay Community Committee shall consist of a chairman and 4 other members, all of whom shall be persons belonging to the Malay community and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution after consulting such organisation of the Malay community as the Council thinks fit.

[10/88]

(3) The Indian and Other Minority Communities Committee shall consist of a chairman and 4 other members, who shall be persons belonging to the Indian or other minority communities and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution after consulting such organisations of the Indian and other minority communities as the Council thinks fit.

[10/88]

(4) A decision of any such Committee shall require a simple majority of the members present and voting, except that in the case of an equality of votes, the chairman or the member presiding shall have a casting vote in addition to his original vote.

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(4A) The Committee may act notwithstanding the absence of any member.

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(5) Subject to this section, any such Committee may regulate its own procedure.

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(6) The validity of any proceedings of any such Committee shall not be affected by any defect in the appointment of any member of the Committee.

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(7) Any Committee established under this section shall be guided by the merits of each case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not.

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(8) Any decision of a Committee established under this section shall be final and conclusive and shall not be appealed against or called in question in any court.

[10/88]

(9) Regulations may be made to provide for regulating and facilitating the performance by any Committee of its function under this Act.

[10/88]

Deposits by candidates
28. —(1) A candidate, or some person on his behalf, shall deposit or cause to be deposited with the Returning Officer or with some person authorised by the Returning Officer in that behalf, between the date of the issue of the writ referred to in section 24 and 12 noon of the day of nomination, a sum equal to 8% of the total allowances payable to a Member of Parliament in the preceding calendar year, rounded to the nearest $500.

(1A) In default of the sum being so deposited under subsection (1), the candidate shall be deemed to have withdrawn his candidature under section 32.

(1B) The Returning Officer shall immediately give a receipt for that sum and pay that sum into the Consolidated Fund, and that sum shall be dealt with in accordance with the provisions of this Act.

[11/88]

(2) Any sum required to be deposited under subsection (1) shall be paid in legal tender or by a bank draft or a certified cheque.

(3) If a candidate is not nominated as a candidate for election or if, after the deposit is made, the candidate withdraws his candidature under section 32, the deposit shall be returned to the person by whom the deposit was made.

(3A) If the candidate dies after the deposit is made and before the poll is commenced, the deposit, if made by him, shall be returned to his legal personal representative or, if not made by him, shall be returned to the person by whom the deposit was made.

(4) Subject to subsection (4A), the sum deposited by any candidate under subsection (1) shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath or made affirmation as a Member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared.

[10/88]

(4A) If a candidate who has made the required deposit is not elected and —

(a) the number of votes polled by him does not exceed one-eighth of the total number of votes polled in the electoral division for which he contested; or

(b) where he is a candidate for a group representation constituency, the number of votes polled in that constituency by the group to which he belongs does not exceed one-eighth of the total number of votes polled in that constituency,

the sum deposited shall be forfeited and paid into the Consolidated Fund.

[10/88]

(5) (Deleted by Act 31 of 2001)

(5A) (Deleted by Act 31 of 2001)

(6) For the purposes of this section —

(a) the number of votes polled shall be deemed to be the number of votes counted other than rejected votes; and

(b) “certified cheque” means a cheque which is certified by the drawee bank as good for payment of the sum stated in the cheque.

(7) The Returning Officer shall, on giving notice under section 25 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1).

[11/88]

Proceedings on nomination day
29. —(1) The Returning Officer shall, on the day of nomination, attend at the place of nomination from 11 a.m. until 12 noon to receive nomination papers and political donation certificates issued by the Registrar of Political Donations and certificates (if any) issued under section 27A (6) (referred to in this Act as nomination papers).

[10/88;20/2000;18/2005]

(2) Every such nomination paper and certificate shall be delivered to the Returning Officer, in duplicate and in person, by the person seeking nomination accompanied by his proposer, seconder and at least 4 assentors, at the place of nomination between 11 a.m. and 12 noon (both times inclusive) on the day of nomination, and if not so delivered, shall be rejected.

[18/2005]

(3) The Returning Officer shall immediately cause a copy of the nomination paper to be posted in a conspicuous position outside the place of nomination.

(4) The Returning Officer shall permit the candidates and their proposers, seconders and assentors and one other person (if any) appointed by each candidate in writing to be present on the day and at the place of nomination between 11 a.m. and 12.30 p.m. and there and then to examine the nomination papers of candidates which have been received for that electoral division.

[18/2005]

Amendment of nomination papers
29A. —(1) Subject to subsection (3), where the Returning Officer detects in any nomination paper —

(a) an error or omission, or what appears to be an error or omission, which may amount to a ground for rejecting the nomination paper or allowing an objection to the nomination paper; or

(b) anything which may affect the validity of the nomination paper and the Returning Officer considers that it can be corrected before 12 noon on the day of nomination,

the Returning Officer may, before making his decision under section 29 or 30, give the candidate or person seeking nomination, as the case may be, a reasonable opportunity to correct the error or omission before 12 noon on the day of nomination.

[18/2005]

(2) Subject to subsection (3), where any error or omission in a person’s nomination paper is brought to the attention of the candidate or person seeking nomination (whether by the Returning Officer under subsection (1) or following an objection made under section 30), the candidate or person seeking nomination, as the case may be, may, at any time before 12 noon on the day of nomination but no later, take such action as may be necessary to correct any such error or omission in his nomination paper.

[18/2005]

(3) Nothing in subsection (1) or (2) shall authorise any candidate or person seeking nomination to substitute a different person —

(a) as a candidate for election for an electoral division; or

(b) as proposer, seconder or assentor.

[18/2005]

(4) In this section, “error” has the same meaning as in section 103.

[18/2005]

Objections to nomination papers
30. —(1) Objection may be made to a nomination paper on all or any of the following grounds but on no other ground:

(a) that the description of the candidate is insufficient to identify the candidate;

(b) that the nomination paper does not comply with or was not delivered in accordance with the provisions of this Act;

(c) that it is apparent from the contents of the nomination paper that the candidate is not capable of being elected a Member of Parliament;

(d) that the provisions of section 27A or 28 have not been observed.

[10/88]

(1A) Without prejudice to subsection (4), an objection to the nomination paper of a candidate or a group of candidates for election for an electoral division may only be made by —

(a) another candidate for election for that same electoral division;

(b) that other candidate’s proposer, seconder or any of his assentors; or

(c) the one other person (if any) appointed in writing by that other candidate to be present on the day and at the place of nomination.

[18/2005]

(2) No objection to a nomination paper shall be allowed —

(a) unless it is made to the Returning Officer between 11 a.m. and 12.30 p.m. on the day of nomination; or

(b) on the ground that a group seeking election in any constituency designated under section 8A (1) (b) does not consist of at least a person belonging to the Malay community or a person belonging to the Indian or other minority communities as required under section 27A (4), if any candidate in that group has delivered to the Returning Officer under section 27B (3) (c) a certificate issued to the candidate under section 27A (6).

[10/88]

(3) Every objection shall be in writing signed by the objector and shall specify the ground of objection.

(4) The Returning Officer may himself lodge an objection on any of the grounds set out in subsection (1).

(5) The Returning Officer shall, with the least possible delay, decide on the validity of every objection and inform the candidate concerned of his decision, and, if the objection is allowed, of the grounds of his decision.

(6) If the Returning Officer disallows any objection, his decision shall be final and conclusive and shall not be called in question in any court; but if he allows the objection, his decision shall be subject to reversal on an application under section 90.

[42/2005]

Persons entitled to be present during nomination proceedings
31. The following persons, and no others, shall be entitled to be present at the proceedings specified in sections 29 and 32:

(a) the candidates;

(b) each candidate’s proposer, seconder and assentors;

(d) the Returning Officer and such other persons authorised by the Returning Officer to assist him at such proceedings; and

(e) any other person with the written permission of the Returning Officer to be present at those proceedings.

[18/2005]

Withdrawal of candidature
32. —(1) A candidate may before 12 noon on the day of nomination, but not afterwards, withdraw his candidature by giving, in person, a notice to that effect signed by him to the Returning Officer.

[18/2005]

(2) The Returning Officer shall immediately cause notice of the withdrawal to be posted in a conspicuous position outside the place of nomination.

Multiple nominations
32A. —(1) If at 12 noon on the day of nomination in relation to an election —

(a) a person is nominated to be a candidate for election in more than one electoral division at a general election; or

(b) a person is nominated more than once to be a candidate for election in the same electoral division,

each such nomination shall be deemed to be void.

[18/2005]

(2) Subsection (1) shall also apply where 2 or more by-elections are held at the same time.

[31/2001]

UNCONTESTED ELECTIONS

Uncontested elections
33. —(1) If, on the day of nomination in any electoral division, after the decision by the Returning Officer on any objection which may have been lodged, only one candidate or a group of candidates stands nominated for that division, the Returning Officer shall immediately —

(a) declare the nominated candidate or the group of candidates to be elected; and

(b) cause the name or names of the Member or Members so elected to be published in the Gazette.

[10/88;18/2005]

(2) Nothing in sections 29 and 30 shall prevent the Returning Officer from exercising any of his powers under subsection (1) before 12.30 p.m. if, at 12 noon on the day of nomination for an election in any electoral division, only one candidate or one group of candidates stands nominated for that electoral division.

[18/2005]

CONTESTED ELECTIONS

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

(a) immediately adjourn the election to enable a poll to be taken in accordance with the provisions of this Act; and

(b) allot to each candidate an approved symbol which shall be printed on the ballot paper opposite that candidate’s name.

(1A) The Returning Officer may, in his discretion, allot to any candidate some other symbol selected by the candidate or by the political association to which he belongs.

(2) In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification published in the Gazette.

(3) Subject to subsection (1A), the determination of the approved symbol to be allotted to each candidate shall be made by lot by the Returning Officer.

(4) No candidate shall be allotted any symbol which is of any racial or religious significance.

(5) In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer shall be final and shall not be questioned.

(6) The Returning Officer shall cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —

(a) the electoral division in which the election is contested;

(b) whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;

(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) immediately adjourn the election to enable a poll to be taken in accordance with the provisions of this Act; and

(b) allot to each group of candidates an approved symbol which shall be printed on the ballot paper opposite the names of each group.

(1A) The Returning Officer may, in his discretion, allot to any group of candidates some other symbol selected by the group or the political party to which it belongs.

[10/88]

(2) In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification published in the Gazette.

[10/88]

(3) Subject to subsection (1A), the determination of the approved symbol to be allotted to each group of candidates shall be made by lot by the Returning Officer.

(4) No group of candidates shall be allotted any symbol which is of any racial or religious significance.

[10/88]

(5) In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer shall be final and shall not be questioned.

[10/88]

(6) The Returning Officer shall cause to be published in the Gazette a notice in Form 11 in the First Schedule specifying —

(a) the group representation constituency in which the election is contested;

(b) whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;

(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 of the following premises outside Singapore that are within —

(a) an embassy, a High Commission, diplomatic mission, permanent mission or consulate of Singapore in a country or territory outside Singapore; or

(b) the official residence of any person who is appointed to hold or act in any of the following offices in a country or territory outside Singapore:

(i) an ambassador, a High Commissioner, Consulate-General or head of a diplomatic mission or consulate;

(ii) the Permanent Representative; or

(iii) such other senior diplomatic or consular office as the Minister may, from time to time, prescribe for the purposes of the definition of an “overseas polling station” in section 2(1),

as the Returning Officer thinks practicable or suitable as an overseas polling station for overseas electors to cast their votes thereat.

(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.

[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.

[42/96]

(5A) Notwithstanding subsection (5), where more than one polling place has been established at any polling station, only one polling agent for each candidate or each group of candidates, as the case may be, shall be admitted to each such polling place.

[42/96]

(6) No polling agent whose name has not been notified to the presiding officer as required by section 64 (1) shall be admitted to a polling station.

(7) If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by any police officer in or near that station or by any other person authorised in writing by the presiding officer or by the Returning Officer to remove him.

(7A) The person removed under subsection (7) shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station.

(7B) Any person removed under subsection (7), if charged with the commission in that station of any offence, may be kept in custody until he can be brought before a Magistrate.

(8) The powers conferred by this section shall not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at that station.

Voting by overseas electors
39A. —(1) Subject to section 7, any overseas elector who intends to cast his vote at the poll for a contested election in an electoral division may vote at —

(a) the overseas polling station allotted to him under section 13A by the Registration Officer; or

(b) the polling station in the electoral division allotted to him under section 36A (1),

but not at both in respect of the same election.

[19/2001]

(2) The hours of any poll for any contested election at an overseas polling station shall be not less than 4 hours and may be carried out in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station shall close not later than the close of the poll on polling day in Singapore.

[19/2001]

(3) Except as otherwise provided in this section and any regulations made thereunder, any poll (including an advance poll) at an overseas polling station shall be conducted in the same manner as that in which voting at a polling station within Singapore on polling day is conducted, and shall be regarded as such for the purposes of this Act.

[19/2001]

(4) The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls in overseas polling stations, including in particular, the appointment of presiding officers for overseas polling stations, the procedures on closing of the poll and for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore.

[19/2001]

(5) Unless the contrary intention appears therefrom, the regulations made under subsection (4) shall extend to acts done or omitted to be done outside Singapore by —

(a) any Assistant Returning Officer or presiding officer;

(b) any polling agent or election agent; or

in relation to a poll conducted or to be conducted at an overseas polling station.

Poll by ballot and ballot papers
40. —(1) In the case of a poll at an election not using a DRE voting system, the votes shall be given by ballot, and the ballot of each voter shall consist of a paper (referred to in this Act as a ballot paper).

[19/2001]

(2) Every ballot paper shall contain —

(a) a list of the candidates in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames, and, if there are 2 or more candidates with the same surname, of their other names; and

(b) the symbol allotted to each candidate.

(2A) Subsection (2) shall not apply to any election in any group representation constituency.

[10/88]

(3) In respect of any group representation constituency, every ballot paper shall contain —

(a) a list of the candidates in each group in English, described, subject to section 105, as in their respective nomination papers, and arranged alphabetically in English in the order specified in section 37 (5) and (6); and

(b) the symbol allotted to each group.

(3A) Every ballot paper shall be in the appropriate Form 12 in the First Schedule and shall be capable of being folded.

[10/88]

(4) Each ballot paper shall have a number printed on the back and shall have attached a counterfoil with the same number printed on the face.

(5) The official mark for the authentication of ballot papers shall comprise a pattern, design, watermark or logo approved by the Returning Officer which shall be affixed, stamped, overprinted or marked (by writing or otherwise), or any combination thereof, on the ballot paper in a particular manner approved by the Returning Officer.

[18/99]

Ballot boxes
41. —(1) Every ballot box shall be so constructed that the ballot papers can be introduced into the box after it has been sealed or locked but cannot be withdrawn from the box unless the seal or lock is broken.

[42/96]

(2) The presiding officer at a polling station shall, immediately before the commencement of the poll, and in the sight of such person as may be present in the polling station —

(a) show that each ballot box to be used at the commencement of the poll is empty;

(b) close the ballot box; and

(c) ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

[42/96]

(3) The ballot boxes, after being sealed or locked in accordance with subsection (2), shall be kept in the view of the presiding officer of the polling station for the receipt of ballot papers and shall not be opened again until after the close of the poll.

[42/96]

(4) Subsections (2) and (3) shall apply to every ballot box used during a poll and it shall be sufficient compliance with those subsections if a ballot box, other than a ballot box used at the commencement of a poll, is shown and sealed or locked in accordance with subsection (2) before it is used.

[42/96]

Manner of voting
42. —(1) Each voter entitled to vote shall be given one ballot paper and shall have one vote.

(1A) Each voter entitled to vote in any group representation constituency shall have one vote and may vote for any one group of candidates in the manner prescribed by this section.

[10/88]

(2) The ballot paper shall be delivered to the voter by the presiding officer or a person acting under his authority.

(2A) Immediately before the ballot paper is delivered to the voter —

(a) the paper shall, unless it already bears the complete official mark for the authentication of ballot papers, be affixed, stamped or marked (by writing or otherwise) by the presiding officer in the approved manner with that official mark or the remaining part thereof, or initialled by the presiding officer;

(b) the number, name and description of the voter, as stated in the copy of the register of electors, shall be called out;

(d) a mark shall be placed in the register against the number of the elector to denote that he has received a ballot paper but without showing the particular ballot paper which he has received.

[18/99]

(3) The voter, on receiving the ballot paper, shall immediately proceed to such place in the station as may be indicated by the presiding officer or by any person acting under that officer’s authority, and shall there secretly mark the paper as near as may be in accordance with the directions given for the guidance of voters under this Act.

(3A) The voter shall then fold the paper so as to conceal his vote, and shall put the paper so folded up into the ballot box.

(3B) The voter shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

(4) The presiding officer or any person authorised by him may ask any voter if the voter understands the method of voting in accordance with this Act and may, if he thinks fit, on the application of any voter, explain to the voter, in the presence of the polling agents of the candidates if present, the method of voting in accordance with this Act; but in so doing he shall carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any particular candidate or group of candidates.

[10/88]

(5) The presiding officer, on the application of a voter who is incapacitated by blindness or other physical cause from voting in the manner prescribed by this Act, shall mark the ballot paper of the voter in the manner directed by the voter, and shall cause the ballot paper to be placed in the ballot box.

(6) The presiding officer may at any time while a poll is proceeding take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers.

(7) During the taking of the poll, the presiding officer shall cause to be exhibited outside his polling station a notice in English, Malay, Chinese and Tamil, substantially in the form set out in the Second Schedule, giving directions for the guidance of voters in voting.

Compulsory voting
43. —(1) Every elector shall record his vote at each election in the division for which he is registered.

(2) The Returning Officer shall, at the close of each election, prepare a list of the numbers, names and descriptions as stated in the register of electors of such electors as have failed to vote at the election and certify the list under his hand.

(3) Notwithstanding section 49 (9) to (12), it shall be lawful for the Returning Officer to break the seals of packets containing the marked copies of the registers of electors and to inspect and retain those copies for the purpose of preparing the list referred to in subsection (2) and of any inquiries connected therewith.

(4) The list prepared by the Returning Officer under subsection (2) shall be forwarded by the Returning Officer to the Registration Officer.

(5) Notwithstanding any other provisions of this Act, the Registration Officer shall on receipt of such list cause the names of all persons appearing in the list to be expunged from the register.

(6) The Registration Officer shall give notice in the Gazette that such list has been received by him from the Returning Officer and that that list or copies thereof are open for inspection at all reasonable hours of the day at the office of the Registration Officer and at such other place or places in or near each electoral division and at such overseas registration centres as may be specified in the notice.

[19/2001]

(7) Every person whose name appears on the list of which notice has been given by the Registration Officer under subsection (6) may make a written application for the restoration of his name to the register of electors.

(8) If any applicant under subsection (7) satisfies the Registration Officer that he has a good and sufficient reason for not having recorded his vote, his name shall be restored to the register without penalty.

(8A) Where the applicant does not satisfy the Registration Officer under subsection (8), his name shall be restored to the register on payment of the sum of $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 to all or any of the declarations set out in Forms 13, 14 and 15 in the First Schedule.

(2) Every such declaration shall be exempt from stamp duty.

(3) If any person fails to furnish such evidence of his identity or refuses to make any such declaration, the presiding officer may refuse to give him a ballot paper.

(4) If any person wilfully makes a false statement in any such declaration, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $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 Form 16 in the First Schedule, be entitled to receive a ballot paper and to vote in the same manner as any other voter.

(2) The ballot paper (referred to in this Act as a tendered ballot paper) shall be of a colour different from the other ballot papers, and, before being placed in a ballot box, shall be endorsed by the presiding officer with the name of the voter and his number in the register, and that number shall be entered in a list (referred to in this Act as the tendered votes list).

(3) Tendered ballot papers shall be dealt with in the manner hereinafter provided.

Closing of poll
47. —(1) No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll.

(2) Notwithstanding subsection (1), if at the hour fixed for the closing of the poll there is in the polling station any voter to whom a ballot paper has been delivered, the voter shall be allowed to record his vote.

Procedure on closing of poll
48. —(1) As soon as practicable after the close of the poll, the presiding officer of each polling station shall, in the presence of such of the candidates and their polling agents as attend, make up into separate packets, sealed with his own seal and the seals of the candidates or their agents if they desire to affix their seals —

(a) the unused and spoilt ballot papers placed together;

(b) the marked copies of the register of electors;

(d) the tendered votes list.

(2) The ballot box or boxes unopened shall be secured by the presiding officer and sealed with his seal and with the seals of such of the candidates or their agents as attend and desire to affix their seals, in such manner that the box or boxes cannot be opened and nothing can be inserted therein without breaking the seals.

(3) Every presiding officer of a polling station shall despatch each such packet and the ballot box or boxes in safe custody to the Returning Officer or an Assistant Returning Officer at the counting place where the votes cast at the polling station are to be counted in accordance with the provisions of this Act.

(4) Where the Returning Officer has, in any direction made under section 48A (1), specified a polling station to be a counting place, the presiding officer of the polling station shall keep at that station every such packet and the ballot box or boxes in safe custody pending counting of the votes at that polling station.

[42/96]

Counting places
48A. —(1) The Returning Officer may —

(a) direct that the votes cast at any polling station or stations in Singapore for an electoral division be counted at such counting place for that electoral division (which may or may not be a polling station) and time as he may specify; and

(b) where more than one counting place is specified for an electoral division under paragraph (a), direct that the total number of votes given to each candidate or group of candidates at the poll be ascertained at a principal counting place for that electoral division (which may or may not be a counting place for that division) and time as he may specify.

[42/96;19/2001]

(2) The votes cast at all overseas polling stations shall be counted at such place or places in Singapore as the Returning Officer directs.

[19/2001]

(3) The Returning Officer shall give notice in writing of his direction under subsection (1) or (2) to each candidate or his election agent not less than 2 clear days before polling day.

[42/96;19/2001]

Counting votes
49. —(1) Subject to subsection (2) —

(a) counting agents for any candidate nominated for an electoral division other than a group representation constituency may be appointed either by the candidate or his election agent only; and

(b) counting agents for any group of candidates nominated for a group representation constituency may be appointed either by the election agent of any candidate in the group or the principal election agent for that group only.

[18/99]

(2) Not more than one counting agent may be appointed for a candidate or group of candidates to attend the counting of votes at each counting place specified in the direction made under section 48A (1).

[18/99]

(2A) The Returning Officer shall make arrangements for the counting of votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —

(a) where only one counting place is specified for an electoral division in a direction made under section 48A (1) — after he has received at that counting place all the ballot boxes used during the poll conducted in Singapore; or

(b) where more than one counting place is specified for an electoral division in a direction made under section 48A (1), after —

(i) the procedure in section 48 has been complied with at the close of the poll if the counting place is also a polling station; and

(ii) the Assistant Returning Officer in charge of each counting place has received at his counting place all the ballot boxes containing the votes cast at the polling station or stations in Singapore which are specified in the direction to be counted at that counting place, subject to any directions from the Returning Officer to delay or postpone the counting.

[42/96;19/2001]

(3) The Returning Officer, his assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the Returning Officer, may be present at the counting of the votes.

(4) Before the Returning Officer proceeds to count the votes, he or a person authorised by him shall, in the presence of such of the candidates and their counting agents as attend, open each ballot box and, taking out the papers therein, mix together the whole of the ballot papers contained in the ballot boxes.

(4A) The Returning Officer, while counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(5) The Returning Officer shall so far as practicable proceed continuously with counting the votes and shall endorse “rejected” on any ballot paper which he may reject as invalid.

(6) The Returning Officer shall not count the tendered ballot papers but shall place them in separate packets according to the candidate or group of candidates whom they support and shall mark each packet with the name of the candidate or group of candidates and shall seal the packet and retain it unless it is required for the purposes of an application under section 90.

[10/88;42/2005]

(7) Where only one counting place is specified for an electoral division under section 48A (1), the Returning Officer shall, when the counting of votes cast at all polling stations in Singapore is completed at that sole counting place or, if a recount thereof is allowed under section 49B, after that recount is completed, immediately act as follows:

(a) where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; or

(b) where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.

[19/2001]

(7A) Where more than one counting place is specified for an electoral division in a direction made under section 48A (1), an Assistant Returning Officer shall, immediately after the counting of votes cast in Singapore is completed at the counting place under his charge and, if a recount thereof is allowed under section 49B, after the recount is completed, at each counting place for the electoral division —

(a) announce to the candidates or their counting agents as attend the number of votes given to each candidate or group of candidates;

(b) prepare a record (referred to in this Act as the record of counting) in a prescribed form containing the number of votes given to each candidate or group of candidates and other results of the counting of votes at his counting place, and certify that record;

(c) transmit to the principal counting place for that electoral division, by any means available, the results of the counting of votes at his counting place; and

(d) seal up in an envelope the record of counting and despatch or deliver the envelope in safe custody to the principal counting place for that electoral division.

[42/96;19/2001]

(7B) Except with the sanction of the Returning Officer, no person other than the following persons may be present at a principal counting place during the addition of votes:

(a) the Returning Officer and such other officers and staff appointed by him to assist him in adding the votes cast for each candidate or group of candidates at the counting places and ascertaining the total number of votes given to each candidate or group of candidates at the poll; and

(b) the candidates and their election agents or, where the votes to be added relate to a group of candidates, the groups of candidates and their principal election agents.

[42/96]

(7C) Notwithstanding subsection (7B), where a principal counting place is also a counting place, such counting agents as were present during the counting of votes may continue to be present during the addition of votes.

[42/96]

(7D) At a principal counting place for an electoral division, the Returning Officer shall, upon receipt of the results of the counting of votes at all counting places for that electoral division, ascertain the total number of votes given to each candidate or group of candidates at the poll by adding up the number of votes recorded for each candidate or group of candidates in those results.

[42/96]

(7E) When the total number of votes cast at polling stations in Singapore for each candidate or (as the case may be) group of candidates at an election in an electoral division is ascertained under subsection (7D), or if a recount thereof is allowed under section 49B, after that recount is completed, the Returning Officer shall immediately act as follows:

[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.

[42/2005]

(12) Except as provided in this section, no person shall be allowed to inspect any such ballot paper or document after it has been sealed up in pursuance of subsection (9).

[16/93]

Counting of votes by overseas electors
49A. —(1) All the sealed ballot boxes containing the votes cast at any overseas polling station must arrive at the office of the Returning Officer in Singapore not later than 10 days after polling day at an election in order for those votes to be counted.

[19/2001]

(2) The Returning Officer shall make arrangements for the votes cast by overseas electors to be counted at such place or places in Singapore as he directs under section 48A (2).

[19/2001]

(3) Subject to subsection (1), such arrangements shall provide for the counting of votes cast by overseas electors in the presence of the candidates and their counting agents as attend as soon as practicable after all the sealed ballot boxes used at overseas polling stations during the poll have been received by the Returning Officer in Singapore.

[19/2001]

(4) Sections 49, 49B and 50 shall apply to the counting (including recounting, if any) of the votes cast by overseas electors.

[19/2001]

(5) Where the Returning Officer has made a declaration under section 49 (7) (b) or (7E) (b), the number of votes given by overseas electors to each candidate or group of candidates shall be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate or (as the case may be) group of candidates, and the Returning Officer shall immediately declare the candidate or (as the case may be) group of candidates to whom the greatest total number of votes is given to be elected.

[19/2001]

(6) After the Returning Officer has made any declaration under subsection (5), he shall ensure that the following procedures are complied with:

(a) all ballot papers and all other documents relating to the election at every place where the votes of overseas electors are counted shall be sealed up in separate packets and placed in any ballot box or boxes;

(b) the ballot box or boxes shall then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals;

(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.

[42/2005]

Approval of DRE voting systems
50A. —(1) No DRE voting system shall be used at any poll in any electoral division unless the DRE voting system is approved before the date of the writ of the election under section 24 by —

(a) the Auditor-General; or

(b) any person appointed by the Minister in consultation with the Auditor-General.

[19/2001]

(2) The Auditor-General or person appointed under subsection (1) shall not approve any DRE voting system for use at any election in any electoral division unless, after conducting such tests as he considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he is satisfied that the DRE voting system —

(a) permits voting in secrecy;

(b) permits each voter to vote from all the candidates or groups of candidates as are nominated for the election;

(d) is set to detect voting errors and to reject all votes for any candidate or group of candidates when the number of votes recorded exceeds the number of votes that may lawfully be cast;

(e) permits each voter to clearly see the ballot display;

(f) is safe from fraudulent or unauthorised manipulation or operation;

(g) ensures that all voting data stored in the DRE voting machines used shall be maintained regardless of electrical power surges or outages; and

(h) is capable of providing records from which the operation of the DRE voting system may be audited and for verification of the accuracy of the recording and counting of votes, but that shall not allow for identification of any voter.

[19/2001]

(3) Subject to subsection (1), no DRE voting system shall be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 34 (6) or (as the case may be) 34A (6), that a DRE voting system will be used at the poll in that electoral division.

[19/2001]

(4) Where a DRE voting system is to be used at any forthcoming poll in any electoral division in accordance with this section, the Returning Officer may, for the purpose of instructing electors, provide one or more demonstrations as to the use of the DRE voting system in one or more public places within that electoral division.

[19/2001]

Approval of DRE voting machines and equipment
50B. —(1) It shall be the duty of the Returning Officer to provide at each polling station within every electoral division specified in his notice under section 34 (6) or (as the case may be) 34A (6) —

(a) a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes;

(b) booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act; and

(c) a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station.

[19/2001]

(2) Not earlier than 4 clear days before polling day, the Auditor-General or person appointed by the Minister under section 50A (1) shall inspect and conduct or cause to be inspected and conducted such tests on every DRE voting machine and direct recording electronic voting equipment to be used at a poll, and if he is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he shall not later than on the eve of polling day —

(a) approve the DRE voting machine and equipment so tested for use at the poll;

(b) number the approved DRE voting machine;

(c) seal with his seal and secure the approved DRE voting machine and direct recording electronic voting equipment against use until polling day and despatch it in safe custody to the Returning Officer who shall store it in safe custody until polling day;

(d) make a record containing the identification numbers of every such approved DRE voting machine and the respective polling stations to which each has been allocated; and

(e) furnish a copy of the record to such candidate or his election agent who requests such a copy before polling day.

[19/2001]

(3) Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) shall be carried out —

(a) on such date and at such time and premises as the Returning Officer may specify by public notice not less than 5 clear days before polling day; and

(b) in the presence of such candidate or his election agent or polling agent as may be present at those premises on that date and time.

[19/2001]

Pre-poll testing of DRE voting system, etc.
50C. —(1) Immediately before the commencement of the poll in any electoral division specified in a notice under section 34 (6) or (as the case may be) 34A (6), the presiding officer at every polling station within the electoral division shall, and in the sight of such person as may be present at the polling station —

(a) ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 50B (2) and still sealed and secured against use;

(b) install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station;

(c) inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and

(d) unsecure the DRE voting machine for use at the poll.

[19/2001]

(2) The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll shall periodically inspect or cause to be inspected the machines and equipment for any tampering and damage or any malfunction while voting is in progress.

[19/2001]

(3) If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approved DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer shall, with the approval of the Returning Officer —

(a) immediately halt voting at that polling station if the poll has already commenced; and

(b) make such necessary arrangements for voting at the polling station —

(i) to commence or resume, as the case may be, on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or

(ii) to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette, being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act.

[19/2001]

DRE voting system procedures generally
50D. —(1) Except as otherwise provided in sections 50B and 50C and any regulations made under this section, any poll using any DRE voting system shall be conducted in the same manner as that in which voting is conducted under sections 35 to 51, and shall be regarded as a poll for the purposes of this Act.

[19/2001]

(2) The ballot image displayed on any approved DRE voting machine at any poll shall be an identical representation in electronic form of the ballot paper used at the poll.

[19/2001]

(3) The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls using a DRE voting system, including in particular, prescribing the training of presiding officers in operating DRE voting systems, the procedures on opening and closing of such a poll, the manner of voting, the counting of votes and for the safe despatch or transmission of records of voting using DRE voting machines for counting, including recounting, if any.

[19/2001]

Publication of result and statement of poll in Gazette
51. The Returning Officer shall immediately after the result has been declared by him under section 49 (7) (a) or (7E) (a) and all the votes cast by overseas electors have been counted or after the result has been declared by him under section 49A (5), as the case may be, compile a statement of the poll in Form 17 in the First Schedule and shall cause the name or names of the members so elected and also the statement to be published in the Gazette.

[19/2001]

Election of non-constituency Members in certain circumstances
52. —(1) At any general election, the number of non-constituency Members to be declared elected shall be 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 immediately notify the Returning Officer of such determination; or

(b) in any other case, or where the group referred to in paragraph (a) fails to notify the Returning Officer, the determination shall be made by lot in the presence of the Returning Officer in such manner and at such time as he may determine.

[10/88]

(3C) Upon receipt of a notification under subsection (3B) (a), the Returning Officer shall as soon as possible declare the candidate or candidates determined under that subsection to be elected as a non-constituency Member or Members, as the case may be.

[10/88]

(3D) For the purposes of this section and section 53, each candidate in a group for any group representation constituency shall be deemed to have received in respect of that constituency the percentage of the votes polled by that group in that constituency.

[10/88]

(4) In this section, “Opposition Member” means a Member of Parliament who is not a member of the political party or parties forming the Government.

Failure to take Oath of Allegiance by non-constituency Member
53. —(1) Subject to subsection (3), if any non-constituency Member declared to be elected under section 52 fails to take and subscribe before Parliament the Oath of Allegiance under Article 61 of the Constitution at the first or second sitting of Parliament during its first session after the general election, Parliament may by resolution declare that his seat has become vacant and that it be filled by the next succeeding candidate at the general election in the order of priority as determined in accordance with section 52 (2) from among those candidates who are eligible to be elected as non-constituency Members and have not been so elected.

(2) The candidate last-mentioned in subsection (1) shall upon such resolution be deemed to be elected as a non-constituency Member under section 52 in place of the non-constituency Member whose seat was declared vacant.

[22/84]

(3) Parliament shall not move any resolution under subsection (1) unless the next succeeding candidate has polled not less than 15% of the total number of votes (other than rejected votes) polled at the election in the electoral division contested by him.

[22/84]

Failure to comply with provisions of this Act
54. —(1) No election shall be invalid by reason of any failure to comply with any provision of this Act relating to elections if it appears that the election was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the election.

(2) Where in this Act any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any candidate or agent at the time and place appointed for the purpose shall not, if that act or thing is otherwise duly done, invalidate that act or thing.

Offences
55. —(1) Every person who —

(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Returning Officer any nomination paper knowing it to be forged;

(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper;

(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 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.

CORRUPT PRACTICES

Personation
57. —(1) Every person who —

(a) at an election applies for a ballot paper or to record his vote at a DRE voting machine in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person; or

(b) having voted once at any such election, applies at the same election for a ballot paper or to record his vote at a DRE voting machine in his own name,

shall be guilty of the offence of personation.

[19/2001]

(2) The offence of personation under this section shall be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).

Treating
58. —(1) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving, any meat, drink, refreshment, cigarette, entertainment or other provision or thing or any money or ticket or other means or device to enable the procuring of any such meat, drink, refreshment, cigarette, entertainment or other provision or thing, to or for any person —

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting;

(b) for the purpose of inducing that person to attend or remain at any election meeting;

(c) on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at the election; or

(d) on account of any such person having attended an election meeting.

(2) A person shall also be guilty of treating if he corruptly accepts or takes any such meat, drink, refreshment, cigarette, entertainment or other provision or thing or any such money or ticket or who adopts any other means or device to enable the procuring of such meat, drink, refreshment, cigarette, entertainment or other provision or thing.

Undue influence
59. Every person who —

(a) directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting at any election; or

(b) by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces or prevails upon any elector or voter either to vote or refrain from voting at any election,

shall be guilty of the offence of undue influence.

Bribery
60. The following persons shall be deemed guilty of the offence of bribery:

(a) every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act;

(b) every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or voter or to or for any person on behalf of any elector or voter, or to or for any other person, in order to induce that elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act;

(c) every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement referred to in paragraph (a) or (b) to or for any person in order to induce that person to procure or endeavour to procure the return of any person as a Member of Parliament, or the vote of any elector or voter at any election under this Act;

(d) every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement to or for any person who is assisting or has promised to assist a candidate at an election to induce that person to refrain from assisting that candidate;

(e) every person who upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, promises or endeavours to procure, the return of any person as a Member of Parliament, or the vote of any elector or voter at an election under this Act;

(f) every person who —

(i) advances or pays or causes to be paid any money to or to the use of any other person with the intent that the money or any part thereof shall be expended in bribery at any election under this Act; or

(ii) knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;

(g) every elector or voter who, before or during any election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election;

(h) every person who, after any election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election;

(i) every person who, directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate or group of candidates, at an election, or on account of and as payment for his having assisted or agreed to assist any candidate or group of candidates, at an election, applies to that candidate or to any candidate in that group, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;

(j) every person who, directly or indirectly, by himself or by any other person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for that other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for that other person, or to or for any person on behalf of that other person.

[10/88]

Punishment and incapacities for corrupt practice
61. —(1) Every person who —

(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;

(b) commits the offence of treating, undue influence or bribery;

(c) publishes or causes to be published any election advertising during the period beginning with the day the writ of election is issued for an election and ending on the eve of polling day at the election which —

(i) in the case of election advertising that is, or is contained in, a printed document, does not bear on its face or, if there is more than one side of printed matter, on the first or last page of the document, the names and addresses of its printer, its publisher and the person for whom or at whose direction the election advertising is published; or

(ii) in the case of any other election advertising, does not bear in the form and manner prescribed under section 78A the names and addresses of its publisher and the person for whom or at whose direction the election advertising is published;

(d) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of the candidate;

(e) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at the election; or

(f) being a candidate or election agent, knowingly makes the declaration as to election expenses required by section 74 falsely,

shall be guilty of a corrupt practice and shall on conviction by a District Court be liable —

(i) in the case referred to in paragraph (a), to a fine of not less than $250 and not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both; and

(ii) in any other case, to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

[31/2001]

(2) Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament, and if at that date he has been elected a Member of Parliament, his election shall be vacated from the date of the conviction.

[21/91]

(3) A prosecution for a corrupt practice except any corrupt practice as defined in subsection (1) (d) and (e) shall not be instituted without the sanction of the Public Prosecutor.

(4) Nothing in this section shall prevent any police officer from exercising the powers conferred upon him by Chapter XIII of the Criminal Procedure Code (Cap. 68) in the case of non-seizable offences or from exercising his powers to prevent a continuance of any corrupt practice.

(5) Where any election advertising is published in contravention of subsection (1) (c), the printer of the election advertising as well as the person for whom or at whose direction the election advertising is published shall each also be guilty of a corrupt practice and shall each be liable on conviction to the same punishment and incapacity under this section as the publisher thereof.

[31/2001]

(6) Subsection (1) (c) shall not apply in respect of —

(a) the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election;

(b) the publication of a document directly by a person or a group of persons to their members, employees or shareholders, as the case may be;

(c) the transmission by an individual to another individual, on a non-commercial basis on what is commonly known as the Internet, of his own political views;

(d) the publication of any news relating to an election in a newspaper in any medium or in a radio or television broadcast; or

(e) such other circumstances or activities as may be prescribed by the Minister by order in the Gazette.

[31/2001]

ELECTION AGENT, ELECTION EXPENSES AND ILLEGAL PRACTICES

Nomination of election agent
62. —(1) On or before the day of nomination at an election, a person shall be named in writing by or on behalf of each candidate as his agent for that election and the person is referred to in this Act as the election agent.

(2) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Act, both as a candidate and as an election agent, and any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.

(3) On or before the day of nomination, the name and address of the election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the Returning Officer.

(3A) The Returning Officer shall then immediately, by affixing a notice in a conspicuous place outside his office, give public notification of the name and address of every election agent so declared.

(4) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.

(4A) In the event of such revocation or of the death of an election agent, whether the event is before, during or after the election, another election agent shall immediately be appointed, and his name and address declared in writing to the Returning Officer, who shall immediately give public notice of the name and address in the manner specified in subsection (3A).

(5) A principal election agent for a group of candidates shall be appointed by the candidates from amongst their election agents and the provisions of this section relating to the appointment and revocation of appointment of an election agent and public notification thereof shall apply, with the necessary modifications, in respect of a principal election agent.

[42/96]

Person convicted of corrupt practice not to be appointed election agent
63. No person shall be appointed an election agent who has within 7 years prior to such appointment been convicted of any corrupt practice under this Act or the Presidential Elections Act (Cap. 240A).

[27/91]

Making of contracts through election agent
64. —(1) Subject to subsection (1A), the election agent of a candidate shall —

(a) appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate at an election;

(b) hire every committee-room hired on behalf of the candidate; and

(c) inform the presiding officer at each polling station in writing of the name of every polling agent appointed to act at that station before the person is admitted to the station.

[42/96]

(1A) In the case of a group of candidates, either the principal election agent for the group or the election agent of any candidate in that group shall appoint every polling agent on behalf of the group of candidates at an election and shall inform the presiding officer at each polling station in writing of the name of every polling agent appointed to act at that station before the person is admitted to the station.

[42/96;18/99]

(2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at the election, unless made by the candidate himself or by his election agent.

(3) Any inability under this section to enforce the contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice committed by his agent.

Payment of expenses through election agent
65. —(1) Except as permitted by or in pursuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during or after the election, in respect of any expenses incurred on account of or in respect of the conduct or management of the election otherwise than by or through the election agent of the candidate.

(1A) All money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance or deposit, shall be paid to the candidate or his election agent and not otherwise.

(2) Subsections (1) and (1A) shall not be deemed to apply to any payment by the Returning Officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if the sum is not repaid to him.

(3) A person who makes any payment, advance or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid shall be guilty of an illegal practice.

Period for sending in claims and making payments for election expenses
66. —(1) Every payment made by an election agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election shall, except where less than $10 or where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt.

(2) Every claim against a candidate at an election or his election agent in respect of any expenses incurred on account of or in respect of the conduct or management of the election, which is not sent in to the election agent within the time limited by this Act, shall be barred and shall not be paid.

(2A) Subject to such exception as may be allowed in pursuance of this Act, an election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice.

(3) Except as by this Act permitted, the time limited by this Act for sending in claims shall be 14 days after the date of publication of the result of the election in the Gazette.

(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of the election, shall be paid within the time limited by this Act and not otherwise.

(4A) Subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a payment in contravention of subsection (4) shall be guilty of an illegal practice.

(5) Except as by this Act permitted, the time limited by this Act for the payment of those expenses shall be 28 days after the date of publication of the result of the election in the Gazette.

(6) Where it has been proved to the satisfaction of the Election Judge by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of the candidate, the election of the candidate shall not be void, nor shall he be subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.

(7) If the election agent in the case of any claim sent in to him within the time limited by this Act disputes it, or refuses or fails to pay it within the period of 28 days, the claim shall be deemed to be a disputed claim.

(8) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent in pursuance of the judgment or order of that court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent.

(9) On cause shown to the satisfaction of a Judge of the High Court, the Judge, on application by the claimant or by the candidate or his election agent, may by order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for those expenses, although sent in after the time in this section mentioned for sending in claims, or although the claim was sent in to the candidate and not to the election agent.

[16/93]

(10) Any sum specified in the order of leave may be paid by the candidate or his election agent; and when paid in pursuance of that leave shall be deemed to be paid within the time limited by this Act.

Remuneration of election agent
67. —(1) So far as circumstances admit, this Act shall apply to a claim for his remuneration by an election agent and to the payment thereof in like manner as if he were any other creditor.

(2) If any difference arises respecting the amount of the claim, the claim shall be a disputed claim within the meaning of this Act, and be dealt with accordingly.

Personal expenses of candidate and petty expenses
68. —(1) The candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election to an amount not exceeding $1,000, but any further personal expenses so incurred by him shall be paid by his election agent.

(2) The candidate shall send to the election agent within the time limited by this Act for sending in claims a written statement of the amount of personal expenses paid by the candidate.

(3) The personal expenses of a candidate include his reasonable travelling expenses, and the reasonable expenses of his living at hotels or elsewhere for the purposes of the election.

(4) Any person may, if so authorised in writing by the election agent of the candidate, pay any necessary expense for stationery, postage, telegrams and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Act for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.

Expenses in excess of maximum to be illegal practice
69. —(1) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during, or after an election, on account of or in respect of the conduct or management of the election, in excess of the amount determined in accordance with the Third Schedule.

(1A) There shall not be included in the amount specified in subsection (1) any expenditure incurred by the candidate for his personal expenses, nor the fee, if any, paid to the election agent not exceeding $500.

[21/91]

(2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

(3) The Minister may by order amend the Third Schedule; and every such order shall be presented to Parliament as soon as possible after publication in the Gazette.

[21/91]

(4) Where a writ of election has been issued under section 24 for an election in any electoral division, no order under subsection (3) shall be made until after the day of nomination or, if a poll is to be taken, until after polling day of that election.

[21/91]

Certain expenditure to be illegal practice
70. —(1) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made —

(a) on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway or other fares, or otherwise; or

(b) to or with an elector or voter on account of the use of any house, land, building or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address, bill or notice.

(2) Notwithstanding anything in subsection (1) —

(a) where it is the ordinary business of an elector or voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with the elector or voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section; and

(b) where electors or voters are unable at an election to reach their polling stations from their place of residence without crossing the sea or a branch or arm thereof or a river, means may be provided for conveying those electors or voters by sea to their polling stations, or to enable them to cross the river in order to reach their polling stations, and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act.

Use of motor vehicles at elections
71. —(1) Subject to this section, a person shall not either let, lend, employ, hire, borrow or use any motor vehicle for the purpose of conveyance of electors or voters to or from the poll.

(1A) A person knowingly acting in contravention of subsection (1) shall be guilty of an illegal practice except that a candidate shall not be liable nor shall his election be avoided for an illegal practice under this subsection committed without his consent or connivance by any person other than his election agent.

(1B) The court before whom a person is convicted under subsection (1A) may, if the court thinks it just in the circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 79.

(2) Nothing in this section shall prevent any person from employing a motor vehicle for the purpose of conveying to or from the poll himself or any member of his family.

(3) For the purposes of subsection (2), “member of his family” means a person"s spouse, parents and children.

(4) Between 8 a.m. and 8 p.m. on polling day, no person shall park a motor vehicle within 100 metres of any polling station other than a motor vehicle used for the conveyance of any sick, infirm or disabled person for such time as is reasonably necessary to enable the person to cast his vote.

(5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

(6) A police officer in uniform may, subject to subsection (7), arrest without warrant any person in charge of or driving a motor vehicle, who has committed or is suspected of having committed an offence under this section.

(7) The power of arrest under subsection (6) shall not be exercised if either —

(a) such person on the demand of the police officer produces his driving licence so as to enable the officer to ascertain the name and address of the holder of the licence, the date of issue and the authority by which it was issued; or

(b) such person, not being a paid driver or the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods, gives the officer his name and a place of address within Singapore.

(8) If the officer has reason to suspect that a name or address so ascertained or given is false, he may, notwithstanding subsection (7), exercise the power of arrest under subsection (6).

Certain employment to be illegal
72. —(1) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purpose or in the capacities following:

(a) one election agent and no more;

(b) only one polling agent for each polling place, except that in relation to a candidate at an election in a group representation constituency, only one polling agent for the group for each polling place;

(c) a reasonable number of clerks and messengers having regard to the area of the electoral division and the number of electors on the register of electors for the division.

[42/96]

(2) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during or after an election, the person engaging or employing him shall be guilty of an illegal practice.

Saving for creditors
73. The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of expenses in excess of a certain maximum, shall not affect the right of any creditor who, when the contract was made or the expense was incurred, was ignorant that they were in contravention of this Act.

Return and declaration respecting election expenses
74. —(1) Within 31 days after the date of publication of the result of an election in the Gazette, the election agent of every candidate at that election shall transmit to the Returning Officer a true return (referred to in this Act as the return respecting election expenses), in Form 19 in the First Schedule, containing detailed statements as respects that candidate of —

(a) all payments made by the election agent together with all the bills and receipts referred to in section 66 (1), which bills and receipts are in this Act included in the expression “return respecting election expenses” and the dates of payment of all sums for which no receipt is attached;

(b) the amount of personal expenses, if any, paid by the candidate;

(d) all unpaid claims, if any, of which the election agent is aware in respect of which application has been made or is about to be made to an Election Judge or a Judge of the High Court;

(e) every donation accepted by the election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received.

[16/93;18/2005]

(2) The return respecting election expenses shall be signed by the election agent and shall be accompanied by a statement made by the candidate and his election agent which shall be respectively in Forms 19 and 20 in the First Schedule.

[18/2005]

(3) If the return and statements are not transmitted before the expiration of the time limited for the purpose, the candidate shall not after the expiration of the time sit or vote in Parliament as a Member until either the return and statements have been transmitted or until the date of the allowance of such authorised excuse for failure to transmit them as in this Act mentioned.

(3A) If a candidate sits or votes in contravention of this Act, he shall be guilty of an offence and shall be liable on conviction to a penalty of $500 for every day on which he so sits or votes.

(3B) Where a candidate or an election agent fails to transmit the return respecting election expenses and the statement referred to in subsection (2) before the expiration of the time limited for the purpose and in the manner required by this Act, the candidate or election agent shall not be qualified to be elected as President.

[12/91]

(4) If any candidate or election agent fails to comply with the requirements of subsection (1) or (2), he shall be guilty of an illegal practice and the provisions of this section shall be in addition to and not in derogation of section 61.

(5) In this section, “donation” has the same meaning as in section 3 (1) of the Political Donations Act (Cap. 236), and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.

[18/2005]

Publication of receipt of return, etc.
75. —(1) When any return respecting election expenses and the statements made in respect thereof have been received by the Returning Officer, he shall, as soon as possible, cause a notice of the date on which the return and statements in question were received by him and of the time and place at which they can be inspected, to be fixed in some conspicuous place in his office and published in the Gazette.

(2) The Returning Officer shall —

(a) preserve all such returns and statements with the bills and vouchers relating thereto;

(b) at all reasonable times during 6 months after the publication in the Gazette of the notice mentioned in this section, permit any person to inspect them and to make extracts therefrom on payment of a fee of $2; and

(3) After the expiration of the period of 6 months mentioned in subsection (2) (b), those documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed.

[22/84]

Employers to allow employees reasonable period for voting
76. —(1) Every employer shall, on polling day, allow every elector in his employ a reasonable period for voting.

(1A) No employer shall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during that period.

(2) This section shall extend to the employees of the Railway except such as are actually engaged in the running of trains and to whom such time cannot be allowed without interfering with the manning of the trains; and the General Manager of Railways shall be deemed to be the employer of such employees.

(3) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employ of a reasonable period for voting shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months.

Badges, symbols, etc., prohibited on polling day
77. —(1) No badge, symbol, rosette, favour, set of colours, flag, advertisement, handbill, placard or poster or any replica of a voting paper shall be worn, used, carried or displayed by any person or on any motorcar, truck or other vehicle as political propaganda on polling day.

(2) The prohibition under subsection (1) shall not preclude the wearing on his person by a candidate of a badge indicating his affiliation with a political party or a replica of the symbol allotted to him or to the group of candidates to which he belongs under section 34 or 34A, as the case may be.

[10/88]

(3) Any police officer may arrest without warrant any person offending in his view against any of the provisions of this section and take him before a Magistrate’s Court to be dealt with according to law.

(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

Regulations for display of posters and banners
78. —(1) The Minister may make regulations to regulate the display of posters and banners in respect of an election.

(2) Such regulations may provide for the Returning Officer to determine the number and size of posters and banners which may be displayed in any electoral division and for the determination of the places at which they may be so displayed.

(3) For the purposes of this section and any regulations made thereunder —

"banner" includes a flag, bunting, ensign or standard;

"poster" includes any label, set of colours, drawing, painting, advertisement, handbill or placard or any replica of a voting paper or of the symbol of any political party.

(4) Any person who commits an offence under such regulations shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

Regulations for other election advertising
78A. —(1) The Minister may make regulations —

(a) prescribing the form and manner in which details as to the names and addresses of the publisher of any election advertising not comprising printed matter and of the person for whom or at whose direction it is published must be included in such election advertising for the purpose of complying with section 61 (1) (c) (ii); and

(b) regulating election advertising and the publication thereof during an election period on what is commonly known as the Internet by political parties, candidates or their election agents and relevant persons, including prescribing the features that must or must not appear or be used in any such election advertising.

[31/2001]

(2) Any person who contravenes any regulations made under subsection (1) (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

[31/2001]

(3) For the purposes of this section and any regulations made thereunder —

"election period" means the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election;

"Media Development Authority of Singapore" means the Media Development Authority of Singapore established under the Media Development Authority of Singapore Act (Cap. 172);

"relevant person" means any person or group of persons in Singapore (other than a political party, a candidate or his election agent) which —

(a) provides any programme on the World Wide Web through what is commonly known as the Internet under a class licence; and

(b) is required under the conditions of the class licence to register with the Media Development Authority of Singapore on account of that person or group of persons engaging in or providing any programme for the propagation, promotion or discussion of political issues relating to Singapore,

and a person or a group of persons shall be regarded as required to register with the Media Development Authority of Singapore even though the time permitted for such registration has not expired.

[31/2001;34/2002]

Election advertising ban on polling day
78B. —(1) Subject to subsection (2), no person shall on polling day display or publish, or cause or permit to be displayed or published, any election advertising in or among any electors in any electoral division before the close of all the polling stations in the electoral division.

[31/2001]

(2) Subsection (1) shall not apply in respect of —

(a) any election advertising that was lawfully published before polling day on what is commonly known as the Internet and that was not changed after its publication;

(b) the continued lawful display or posting of posters or banners;

(c) the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, if the book was planned to be published regardless of whether there was to be an election;

(d) the transmission by an individual to another individual, on a non-commercial basis on what is commonly known as the Internet, of his own political views;

(e) the publication of any news relating to an election in a newspaper in any medium or in a radio or television broadcast; or

(f) such other circumstances or activities as may be prescribed by the Minister by order in the Gazette.

[31/2001]

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

[31/2001]

Blackout period for election survey results
78C. —(1) No person shall publish or permit or cause to be published the results of any election survey during the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election.

[31/2001]

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.

[31/2001]

(3) In this section, “election survey” means an opinion survey of how electors will vote at an election or of the preferences of electors respecting any candidate or group of candidates or any political party or issue with which an identifiable candidate or group of candidates is associated at an election.

[31/2001]

Exit polls ban on polling day
78D. —(1) No person shall publish or permit or cause to be published on polling day before the close of all polling stations on polling day —

(a) any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or

(b) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.

[31/2001]

(3) In this section —

(a) “forecast” includes estimates; and

(b) any reference to the result of an election is a reference to the result of an election either as a whole or so far as any particular candidate or group of candidates at the election are concerned.

[31/2001]

Defence for election advertising offences
78E. —(1) It shall be a defence for a person charged with an offence under section 61 (1) or (5), 78A (2), 78B (3), 78C (2) or 78D (2) to prove —

(a) that the contravention of section 61 (1) (c), (d) or (e), 78B (1), 78C (1), 78D (1) or any regulations made under section 78A (1) (b), as the case may be, arose from circumstances beyond his control; and

(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

[31/2001]

(2) Nothing in subsection (1) shall limit the operation of section 10 of the Electronic Transactions Act (Cap. 88) in relation to network service providers.

[31/2001]

Punishment for conviction for illegal practice
79. —(1) Every person who commits an illegal practice shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $300 and become incapable for a period of 3 years from the date of his conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament, and if at that date he has been elected a Member of Parliament, his election shall be vacated from the date of the conviction.

[21/91]

(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Public Prosecutor except that nothing herein shall prevent any police officer from exercising the powers conferred upon him by Chapter XIII of the Criminal Procedure Code (Cap. 68) in the case of non-seizable offences or from exercising his powers to prevent a continuance of any illegal practice.

Prohibition of canvassing on polling day
80. —(1) No person shall on polling day —

(a) by word, message, writing or in any other manner endeavour to persuade any person to give or dissuade any person from giving his vote at an election; or

(b) visit an elector at his home or place of work for any purpose in connection with an election.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

(3) Notwithstanding the provisions of the Criminal Procedure Code (Cap. 68) relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his office, shall be empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed.

(4) Any police officer may arrest without warrant any person offending in his view against subsection (1) and take him as soon as practicable before a Magistrate’s Court to be dealt with according to law.

(5) For the purposes of this section, any person who, on polling day, enters or is seen at more than 2 houses or places of work of electors in the same polling district other than his own home or place of work, shall, unless he proves the contrary, be presumed to have committed an offence under subsection (1) (a) and (b).

Prohibition of dissuasion from voting
81. —(1) No person shall between the day of nomination and polling day (both days being inclusive) at any election, by word, message, writing or in any other manner dissuade or attempt to dissuade any person from giving his vote at the election.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

(3) Notwithstanding the provisions of the Criminal Procedure Code relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his office, shall be empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed.

Undue influence at or near polling station
82. —(1) No person shall —

(a) endeavour to establish the identity of any person entering a polling station;

(b) check the name of any person entering a polling station on any list at the approach to a polling station;

(c) anywhere place any desk or table or establish any office or booth for the purpose of recording particulars of voters;

(d) wait outside any polling station on polling day, except for the purpose of gaining entry to the polling station to cast his vote;

(e) loiter in any street or public place within a radius of 200 metres of any polling station on polling day; or

(f) open or maintain, for the purpose of any activity directed towards promoting or procuring the election of a candidate at any election, any office in any room, building or any place whatsoever, whether open or enclosed, on polling day.

(1A) Notwithstanding subsection (1), every candidate or his election agent may open or maintain in his electoral division one office for each polling district, which shall not be within a radius of 200 metres of any polling station, and the address of every such office shall be registered by the candidate or his election agent with the Returning Officer before polling day.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

(3) Any police officer may arrest without warrant any person offending in his view against subsection (1) and take him as soon as practicable before a Magistrate’s Court to be dealt with according to law.

Persons prohibited from conducting election activity
83. —(1) No person —

(a) attending a primary or secondary school as a student;

(b) against whom an order of supervision has been made under section 30 (b) of the Criminal Law (Temporary Provisions) Act (Cap. 67);

(d) who is not a citizen of Singapore,

shall take part in any election activity.

(2) No person shall conduct any election activity unless he is in possession of a written authority signed by a candidate or his election agent in Form 22 or Form 23, as the case may be, in the First Schedule; and such authority shall be issued only on or after the day of nomination.

(3) Every candidate and election agent shall supply particulars in duplicate of all written authorities issued by him under subsection (2) to the Returning Officer, who shall on receipt thereof forward a copy of those particulars to the Commissioner of Police.

(4) A candidate or election agent shall, if so required by the Commissioner of Police, immediately withdraw and deliver to the Returning Officer the written authority given by the candidate or election agent to any person who is stated by the Commissioner of Police to be a person in respect of whom an order has been made under section 30 (b) of the Criminal Law (Temporary Provisions) Act.

(5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

(6) No candidate or election agent shall authorise any person to conduct an election activity, knowing or having reason to believe that the person is attending a primary or secondary school as a student or that an order has been made in respect of the person under section 30 (b) of the Criminal Law (Temporary Provisions) Act.

(7) Any police officer may arrest without warrant any person offending in his view against subsection (1) or (2) and take him as soon as practicable before a Magistrate"s Court to be dealt with according to law.

(8) For the purposes of this section, “election activity” includes any activity which is done for the purpose of promoting or procuring the election of a candidate at any election other than clerical work wholly performed within enclosed premises.

Unlawful assembly
84. Where it is shown that the common object of an assembly of 5 or more persons is —

(a) to interrupt or interfere with an election meeting; or

(b) to go about in a group on polling day in a manner calculated to cause intimidation, alarm or annoyance to any elector, voter or candidate,

the assembly shall be deemed to be an unlawful assembly as defined in section 141 of the Penal Code (Cap. 224).

Offence to operate loudspeaker
85. —(1) It shall be an offence for a person to operate any loudspeaker or other instrument for the production or reproduction of any speech, sound or music in any street or public place or any premises adjoining any street or public place, so as to interfere with any election meeting or so as to cause annoyance to persons conducting or attending the meeting.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

EXCUSE FOR CORRUPT AND ILLEGAL PRACTICE

Report exonerating candidate in certain cases of corrupt and illegal practice by agents
86. Where, upon the hearing of an application under section 90 respecting an election under this Act, the Election Judge reports that a candidate at the election has been guilty by his agents of the offence of treating or undue influence or of any illegal practice in reference to the election, and the Election Judge further reports, after giving the Public Prosecutor an opportunity of being heard, that the candidate has proved to the court —

(a) that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent;

(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election;

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents,

then the election of the candidate shall not, by reason of the offences mentioned in the report, be void, nor shall the candidate be subject to any incapacity under this Act.

[42/2005]

Power of election court to except innocent act from being illegal practice, etc.
87. —(1) Where, on application made, it is shown to an Election Judge or to a Judge of the High Court by such evidence as seems to the Judge sufficient —

(a) that any act or omission of a candidate at any election, or of his election agent or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of being a payment, engagement, employment, or contract in contravention of this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and

(b) that the act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith,

and in the circumstances it seems to the Judge, after giving the candidates, the Returning Officer, and any elector within the electoral division an opportunity of being heard, to be just that the candidate in question and the election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of that act or omission, the Judge may make an order allowing that act or omission to be an exception from the provisions of this Act which would otherwise make the act or omission an illegal practice, payment, employment or hiring.

(2) Upon the making of an order under subsection (1), the candidate, agent or person shall not be subject to any of the consequences under this Act of the act or omission mentioned in that subsection.

[16/93]

Authorised excuse for non-compliance with provisions as to return and statements respecting election expenses
88. —(1) Where the return and statements respecting election expenses of a candidate at an election have not been transmitted as required by this Act, or being transmitted contain some error or false statement, then —

(a) if the candidate applies to an Election Judge or a Judge of the High Court and shows that the failure to transmit the return and statements, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his illness, or of the absence, death, illness or misconduct of his election agent or of any clerk or officer of the agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant; or

(b) if the election agent of the candidate applies to an Election Judge or a Judge of the High Court and shows that the failure to transmit the return and statements which he was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his illness, or of the death, illness or misconduct of any prior election agent of the candidate, or of the absence, death, illness or misconduct of any clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant,

the Judge may, after such notice of the application, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to transmit such return and statements, or for an error or false statement in such return and statements as to the Judge seems just.

[16/93]

(2) Where it appears to the Judge that any person being or having been an election agent has refused or failed to make such return or supply such particulars as will enable the candidate and his election agent, respectively, to comply with the provisions of this Act as to the return and statements respecting election expenses, the Judge shall —

(a) before making an order allowing the excuse as in this section mentioned shall order the person to attend before the Judge; and

(b) unless the person attends and shows cause to the contrary, order him to make the return and statements, or to deliver a statement of the particulars required to be contained in the return, as to the Judge appears just, and to make or deliver them within such time and to such person and in such manner as the Judge may direct, or may order him to be examined with respect to those particulars, and, in default of compliance with that order, the person shall be guilty of an illegal practice.

(3) The order may make the allowance conditional upon the making of the return and statements in a modified form or within an extended time, and upon the compliance with such other terms as to the Judge seems best calculated for carrying into effect the objects of this Act.

(4) An order allowing an authorised excuse shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(5) Where it is proved by the candidate to the Judge that any act or omission of the election agent in relation to the return and statements respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing the act or omission, the Judge shall relieve the candidate from the consequences of the act or omission on the part of his election agent.

(6) The date of the order or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.

GROUNDS FOR AVOIDING ELECTIONS

Avoidance by conviction of candidate
89. The election of a candidate as a Member is avoided by his conviction for any corrupt or illegal practice.

Application for avoidance of election on certain grounds
90. The election of a candidate as a Member shall be declared to be void on an application made to an Election Judge on any of the following grounds which may be proved to the satisfaction of the Election Judge:

(a) that by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate or group of candidates whom they preferred;

(b) non-compliance with the provisions of this Act relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in those provisions and that the non-compliance affected the result of the election;

(c) that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate;

(d) that the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that the person had, within 7 years prior to the engagement, been convicted or found guilty of a corrupt practice by a District Court or by the report of an Election Judge;

(e) that the candidate was at the time of his election a person disqualified for election as a Member.

[10/88;42/2005]

Proceedings in respect of qualification
91. —(1) Proceedings may be instituted in the High Court against any person acting or claiming to be entitled to act as an elected Member of Parliament on the ground of his being disqualified within the meaning of this section for so acting.

(2) Proceedings under subsection (1) on the ground of a person acting as aforesaid shall not be instituted after the expiration of 6 months from the date of the last occasion on which he so acted.

(3) Where in proceedings instituted under this section it is proved that the defendant has acted as an elected Member of Parliament while disqualified from so acting, then the High Court shall have power —

(a) to make a declaration to that effect and to declare that the office in which the defendant has acted is vacant;

(b) to grant an injunction restraining the defendant from so acting; and

(4) Where in proceedings instituted under this section it is proved that the defendant claims to act as an elected Member of Parliament and is disqualified from so acting, the High Court shall have power to make a declaration to that effect and to declare that the office in which the defendant claims to be entitled to act is vacant, and to grant an injunction restraining him from so acting.

(5) No proceedings shall be instituted under this section by any person other than a person who pursuant to this Act is an elector for the electoral division for which the person against whom proceedings are to be instituted was elected.

(6) For the purposes of this section, a person shall be deemed to be disqualified for acting as an elected Member of Parliament —

(a) if he is not qualified to be, or is disqualified from being, an elected Member of Parliament or a holder of that office; or

(b) if by reason of resignation or failure to attend meetings of Parliament or for any other reason his seat has become vacant and he has ceased to be an elected Member of Parliament or to hold that office.