Singapore legislation

Clause 3

of Parliamentary Elections (Amendment) Bill

Clause 3

New sections 51A and 51B

The principal Act is amended by inserting, immediately after section 51, the following sections:“Election of non-constituency Members in certain circumstances51A.—

(1)

If as a result of any general election —

(a)

no Opposition Member is elected to Parliament in accordance with section 49(7), the Returning Officer shall declare to be elected, in accordance with this section, 3 non-constituency Members;

(b)

one Opposition Member is elected to Parliament in accordance with section 49(7), the Returning Officer shall declare to be elected, in accordance with this section, 2 non-constituency Members; and

(c)

two Opposition Members are elected to Parliament in accordance with section 49(7), the Returning Officer shall declare to be elected, in accordance with this section, one non-constituency Member.(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) Where subsection (1) applies, 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 elected as a non-constituency Member; 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):Provided that no such candidate shall be declared as so elected 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.(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 Member51B.—

(1)

Subject to subsection (2), if any non-constituency Member declared to be elected under section 51A fails to take and subscribe before Parliament the Oath of Allegiance under Article 61 of the Constitution of the Republic of Singapore 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 51A(2) from among those candidates who are eligible to be elected as non-constituency Members and have not been so elected; and that candidate shall upon such resolution be deemed to be elected as a non-constituency Member under section 51A in place of the non-constituency Member whose seat was declared vacant.(2) 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.”.