Singapore legislation
Section 28
Section 28
Deposits by candidates
(1)
A candidate, or some person on the candidate’s behalf, must, in accordance with subsection (2), 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 the applicable amount specified in subsection (1AA).
(1AA)
1AA
For the purpose of subsection (1), the applicable amount is —
in the case of a general election — the amount of the fixed monthly allowance payable to an elected Member of Parliament for the month immediately before the date of dissolution of Parliament, rounded to the nearest $500; and
in the case of a by‑election — the amount of the fixed monthly allowance payable to an elected Member of Parliament for the month immediately before the date of issue of the writ for the by‑election, rounded to the nearest $500.
(1A)
In default of the sum being so deposited under subsection (1), the candidate is deemed to have withdrawn his or her candidature under section 32.
(1B)
The Returning Officer must immediately give a receipt for that sum, and that sum must be dealt with in accordance with the provisions of this Act.
(2)
The deposit of the sum required under subsection (1) must be made through an electronic funds transfer system designated by the Returning Officer for that purpose, or by a bank draft or a certified cheque, or in such other form or manner as the Returning Officer allows.
(3)
If a candidate is not nominated as a candidate for election, if an election in an electoral division has wholly failed or if, after the deposit is made, the candidate withdraws his or her candidature under section 32, the deposit must 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 the candidate, must be returned to the candidate’s legal personal representative or, if not made by the candidate, must 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) must be returned to the candidate, where the candidate is elected, as soon as the candidate 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.
(4A)
If a candidate who has made the required deposit is not elected and —
the number of votes polled by the candidate does not exceed one‑eighth of the total number of votes polled in the electoral division for which the candidate contested; or
where he or she is a candidate for a group representation constituency, the number of votes polled in that constituency by the group to which the candidate belongs does not exceed one‑eighth of the total number of votes polled in that constituency,the sum deposited is forfeited and must be paid into the Consolidated Fund.
(5)
[Deleted by Act 31 of 2001]
(5A)
[Deleted by Act 31 of 2001]
(6)
For the purposes of this section —
the number of votes polled is deemed to be the number of votes counted other than rejected votes; and
“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 must, on giving notice under section 25 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1).