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In forceAmended2020 Revised Edition

Part 2 · Registration of Electors and Revision of Registers

13A. Registration as overseas elector

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Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

Any person who is not resident in Singapore but whose name is entered in the register of electors for an electoral division and who is entitled to have his or her name so entered or retained in that register of electors may, at any time and in such form or manner as may be prescribed, apply to the Registration Officer to be registered as an overseas elector.

(1A)

A person who is registered as an overseas elector for an electoral division may record his or her vote at a poll in a presidential election, or in an election in that electoral division, according to paragraph (a) or (b) as follows, but not both in respect of the same presidential election or same election:

(a)

by attending in person at a polling place in an ordinary polling station allotted to him or her under section 36A(1)(c);

(b)

by either —

(i)

the postal voting method prescribed under this Act but only if he or she is designated a postal voter; or

(ii)

in an overseas polling station allotted to him or her, but not if he or she is designated a postal voter,but not both in respect of the same presidential election or same election.

(1B)

However, a person is not entitled to be an overseas elector for an electoral division in any year if he or she has not resided in Singapore for an aggregate of 30 days during the period of 3 years immediately preceding the date the person applies under subsection (1) to the Registration Officer to be registered as an overseas elector.

(2)

An application under subsection (1) by any person to be registered as an overseas elector must contain or be accompanied by —

(a)

satisfactory proof of his or her identity;

(b)

particulars of his or her current mailing address outside Singapore;

(c)

a declaration that he or she is a citizen of Singapore and is not less than 21 years of age;

(ca)

a declaration that he or she —

(i)

has not acquired or applied to acquire by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore;

(ii)

has not voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him or her under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country;

(iii)

has not taken any oath or made any declaration or acknowledgment of allegiance, obedience or adherence to any foreign power or state; and

(iv)

has not applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document;

(d)

a statement specifying his or her option either —

(i)

to record his or her vote at a poll in a presidential election and an election by attending in person at an overseas polling station specified in the statement; or

(ii)

to record his or her vote at a poll in a presidential election and an election by the postal voting method prescribed under this Act; and

(e)

any other information as the Registration Officer considers necessary to determine whether the person —

(i)

is disqualified to have his or her name entered or retained in a register of electors; and

(ii)

is disqualified by subsection (1B) to be an overseas elector.

(3)

An overseas elector may, at any time and in such form or manner as may be prescribed, apply to the Registration Officer —

(a)

to change the overseas polling station allotted to him or her under subsection (3A)(a)(i);

(aa)

to change his or her option in subsection (2)(d)(i) to subsection (2)(d)(ii), and vice versa; or

(b)

to cancel his or her registration.

(3A)

Despite section 13, the Registration Officer may —

(a)

in the case of an application made under subsection (1), register the applicant as an overseas elector and, in accordance with the applicant’s option under subsection (2)(d), either —

(i)

allot to the applicant an overseas polling station specified by the applicant in his or her option; or

(ii)

designate the applicant as a postal voter,unless the applicant is disqualified by subsection (1B) to be an overseas elector;

(b)

in the case of an application made under subsection (3)(a), allot to the applicant another overseas polling station;

(ba)

in the case of an application made under subsection (3)(aa) to change his or her option, do one of the following in accordance with the applicant’s application:

(i)

allot to the applicant an overseas polling station specified by the applicant in his or her application;

(ii)

designate the applicant as a postal voter;

(c)

in the case of an application made under subsection (3)(b), cancel the applicant’s registration as an overseas elector; or

(d)

reject any application made under subsection (1) or (3).

If the Registration Officer receives an application under subsection (1) or (3) during the specified period of an election, the Registration Officer is not required to take any action on the application under subsection (3A) until after that specified period.

(3B)

Only one overseas polling station may be allotted to a person who is registered as an overseas elector.

(4)

Any person —

(a)

whose name is entered in the certified register of electors in operation for an electoral division;

(b)

who is entitled to have his or her name so entered or retained in that register of electors; and

(c)

who is registered as an overseas elector,must be treated as registered as an overseas elector for that electoral division.

(4A)

The registration of any person under this section as an overseas elector continues in operation until the happening of any of the following events, whichever first occurs:

(a)

the person applies to cancel the person’s registration as an overseas elector and the Registration Officer cancels accordingly;

(b)

the person’s name is —

(i)

expunged or removed from any register of electors under section 13(3) or (4), or under section 13(3) or (4) read with section 17(2) when revising any register of electors;

(ii)

expunged from any register of electors under section 14(5); or

(iii)

expunged from any register of electors under section 43(5) or under section 26(5) of the Presidential Elections Act 1991;

(c)

when the registers of electors prepared under section 10(1) or (1A) are certified and the person’s name is not entered in or is omitted from every register of electors so prepared;

(d)

when the registers of electors revised under section 14 are certified and the person’s name is not entered or retained in or is omitted from every register of electors so revised;

(e)

when the registers of electors are prepared under section 10(1) or (1A) or revised under section 14 for any year, the Registration Officer cancels the person’s registration as an overseas elector upon the Registration Officer, after proper inquiry, satisfying himself or herself that the person has not resided in Singapore for an aggregate of 30 days during the period of 3 years immediately preceding the prescribed date of that year.

(4B)

Where a person’s registration as an overseas elector is cancelled by the Registration Officer under subsection (4A)(e), the Registration Officer has power to restore the person’s registration upon an application by the person to the Registration Officer for a reconsideration of the cancellation.

(4C)

To avoid doubt, the registration of any person under this section as an overseas elector for an electoral division does not end or become cancelled just because a certified register of electors for the electoral division is superseded by the coming into operation of —

(a)

the next certified register relating to the same or any area within that electoral division following a notification under section 8 specifying the boundaries of electoral divisions; or

(b)

the composite register deemed the next certified register relating to the same or any area within that electoral division, following the creation of any new electoral division or altering of any electoral division in the manner mentioned in section 20A(1)(a) or (b).

(5)

For the purposes of subsection (2)(ca)(ii), the exercise of a vote in —

(a)

any national, state or provincial election; or

(b)

any election for the local government of any metropolitan or urban area,in a country outside Singapore (but not an election under this Act or a presidential election) is deemed to be the voluntary claim and exercise of a right available under the law of that country.

(6)

In this section, “specified period” means —

(a)

in the case of an election for an electoral division under this Act — the period starting on the third day (including a Sunday or public holiday) after the issue of the writ of election under section 24 for that election and ending on the nomination day for that election or, if a poll is to be taken, the polling day (or if there is more than one polling day, the last polling day) for that election; and

(b)

in the case of an election under the Presidential Elections Act 1991 — the period starting on the third day (including a Sunday or public holiday) after the issue of the writ of election under section 6 of that Act and ending on the nomination day or, if a poll is to be taken, the polling day (or if there is more than one polling day, the last polling day) under that Act for that election.

Report

Part 3

Elections

Part 4

Applications for Avoidance of Election

Part 5

General

Schedules