Parliamentary Elections (Amendment) Bill

This Act is the Parliamentary Elections (Amendment) Act 2023 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2 of the Parliamentary Elections Act 1954 (called in this Act the principal Act) is amended —

by inserting, immediately before the definition of “ballot box” in subsection (1), the following definition:“ “access”, in relation to content, means to encounter, read, view, hear or otherwise experience the content, and includes —

access that is subject to a precondition, such as the use of a password;

access by way of push technology;

access by way of a standing request; and

access for a limited period of time only;”;

by inserting, immediately after the definition of “ballot display” in subsection (1), the following definitions:“ “banner” means any continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece —

on which content is printed, written, drawn or depicted in such a way as to be fully legible in windless conditions; and

that is attached (by rope, wire or otherwise) to any building or structure or to any pole or flagstaff projecting vertically, horizontally or at an angle,but not a banner carried during a procession;“billboard” means any of the following:

a hoarding, signboard or free‑standing advertising structure on which content is printed, written, drawn, affixed or depicted in such a way as to be fully legible;

a sign or panel which —

has an electronically controlled or a digitally controlled (or both) illuminated display surface; and

allows for different content to be shown, changed, animated or illuminated in different ways and at different intervals on that sign or panel;

a wall, ceiling or other like substantially flat and fixed surface, on which content is painted, written, drawn or depicted in such a way as to be fully legible;

a blimp, a gas-inflated balloon or other like object which is attached or anchored to the ground and upon which information or material is displayed,but not a poster, placard, picture, photograph or balloon carried during a procession;Examples (a) A sky sign on or above the roof, parapet or eaves of a building. (b) An animated billboard. (c) A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service.“by electronic means” means by using an electronic service;”;

by inserting, immediately after the definition of “contact address” in subsection (1), the following definitions:“ “content” means information or material —

whether in the form of text;

whether in the form of speech, music or other sounds;

whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction);

whether in any other form; or

whether in any combination of forms;“conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both;”;

by deleting the words “poster, banner, notice, circular, handbill, illustration, article, advertisement or other material” in the definition of “election advertising” in subsection (1) and substituting the words “information or material”;

by deleting the words “such material” in the definition of “election advertising” in subsection (1) and substituting the words “such information or material”;

by deleting the words “, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette” in the definition of “election advertising” in subsection (1);

by inserting, immediately after the definition of “election advertising” in subsection (1), the following definitions:“ “election advertising regulations” means regulations made under section 61R;“election meeting” has the meaning given by section 80A(4);”;

by inserting, immediately after the definition of “electoral division” in subsection (1), the following definitions:“ “electronic service” means —

a service that allows end‑users of the service to access content using a broadcasting service or telecommunication service for carrying messages or other content (whether between persons and persons, things and things or persons and things); or

a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a),and includes a social media service (as defined in section 61S(1));“end‑user”, in relation to an electronic service, means a person that, and whether or not in the course of business —

has access to content, or something which contains content, by means of the electronic service; or

communicates content, or something which contains content, by means of the electronic service;“entity” means —

a body corporate (including a limited liability partnership);

an unincorporated association;

a partnership;

a body politic;

a body of individuals who together form a body; or

a person other than an individual;“flag” means a continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece —

on which content is printed, written, drawn or depicted in such a way as to be normally not legible in windless conditions; and

that is attached (by rope, wire or otherwise) to a pole or flagstaff projecting vertically, horizontally or at an angle,and includes a flag, bunting, ribbon or streamer of any colour or colours but not a flag, bunting or streamer carried during a procession;“foreign entity” means an entity that —

is constituted or organised under a law of a foreign country, even if registered under any written law; or

has its principal place of business in a foreign country, even if incorporated under any written law;“foreigner” means an individual who is not a citizen of Singapore;”;

by inserting, immediately after the definition of “general election” in subsection (1), the following definition:“ “grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land;”;

by inserting, immediately after the definition of “Member” in subsection (1), the following definitions:“ “non-online election advertising” means election advertising that is not online election advertising;“nursing home” means any premises that are —

licensed as a private hospital under the Private Hospitals and Medical Clinics Act 1980; and

used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity;“official sign” means a poster, banner or other notice for an election prepared by, or with the authority of, the Returning Officer as required by or for the purposes of this Act;“online election advertising” means election advertising that is published in any way that renders the election advertising accessible from the Internet;“online location” means any website, webpage, chatroom or forum, or any other similar thing in electronic or digital form that is accessible from the Internet;“ordinary polling station” means a polling station established in Singapore under section 36A(1);”;

by deleting the definition of “polling station” in subsection (1) and substituting the following definitions:“ “polling station” means —

an ordinary polling station;

a special polling station; or

an overseas polling station;“postal voting papers” means —

a ballot paper designed and intended to be used exclusively for the postal voting method (called in this Act a postal ballot paper); and

an envelope designed and intended to be used exclusively to contain a postal ballot paper (called in this Act a return envelope);“postal voting period”, for an election in an electoral division, means the period —

starting the day immediately after the day of nomination at the election; and

ending (and including) the eve of polling day in Singapore at the election;“poster” means any of the following:

any paper, plastic, corflute or other inflexible material on which content is printed, written, drawn or depicted in such a way as to be fully legible;

any text, any colours or visual images (animated or otherwise) or any pictorial or graphic form, which is projected on to any external surface of a building or structure by light or any other means;

any billboard,but not a placard carried during a procession;”;

by inserting, immediately after the definition of “public authority” in subsection (1), the following definitions:“ “public place” means —

any place in Singapore (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or

a part of a place in Singapore that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public;“publicly display”, for any content, means to display, exhibit, screen or project the content —

in a public place in order that another person may see the content;

in or on a conveyance (whether mobile or stationary) used for public passenger transport and which is in a public place in order that another person may see the content; or

in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place;”;

by inserting, immediately after the definition of “Revising Officer” in subsection (1), the following definitions:“ “special polling station” means a polling station established in Singapore under section 47A(1);“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999;“third party”, in relation to an election in an electoral division, means a person who is none of the following:

a candidate at the election;

a political party with one or more candidates at the election;

an election agent of a candidate at the election;“traditional election advertising” means non‑online election advertising in the form of a banner, flag or poster;”; and

by inserting, immediately after subsection (2), the following subsections:“(3) Where any content is published by electronic means, the content is to be taken to be published in Singapore if —

any person physically present in Singapore accesses or is capable of having access to the content, even if the content originates wholly outside Singapore or is published by a person outside Singapore or the origin of which cannot be determined; or

the content originates in Singapore, even if none of the persons capable of having access to the content is physically present in Singapore.

In determining for the purposes of this Act whether a person is physically present in Singapore, it is to be assumed that the person will not falsify or conceal the person’s identity or location.

Without limiting the definition of “content” in subsection (1) —

any content consisting of or including a hyperlink is taken to include the content accessed directly via the hyperlink; and

any content consisting of or including an image or item on which data is stored electronically is taken to include content accessed directly by means of the image or item.

Without limiting the definition of “publish” in subsection (1) —

any non-online election advertising, and any other election advertising that is not published by electronic means, is taken to be published in Singapore if it is left in such a position and in such circumstances as to indicate that it is intended to be available for collection by members of the public who are in a public place;

any content is taken to be published by electronic means by an end‑user of an electronic service if the end‑user causes the content to be accessible to, or forwards the content to, or shares the content with, any other end‑user or end‑users of the electronic service, on or by the electronic service; and

any content that was published before and by electronic means so as to be accessible from the Internet, is taken to be published again on each day that any subsequent step is taken on that day to amplify the access to the content from the Internet by persons physically present in Singapore.

In this Act, any election advertising relates to an election in an electoral division if the election advertising contains an express or implicit reference to —

the election in the electoral division;

an individual who is a candidate at the election in the electoral division in his or her capacity as a candidate;

a political party, or the interests of a political party, with one or more candidates at the election in the electoral division; or

an issue submitted or otherwise before electors in the election.

For the purposes of this Act, any postal voting paper or any ballot box used at an overseas polling station that is required by this Act to be received by the Returning Officer by a specified time is regarded as received only when it is actually received by the Returning Officer, or an authorised representative of the Returning Officer, in Singapore.”.

Section 5(1A) of the principal Act is amended by deleting the words “has resided in Singapore for an aggregate of 30 days during the period of 3 years immediately preceding the prescribed date” and substituting the words “keeps and maintains a contact address”.

Section 8 of the principal Act is amended by inserting, immediately after subsection (1), the following subsections:“(1A) The boundaries required by subsection (1) to be specified may be defined —

by metres, bounds and coordinates or any other different definition of boundaries; or

by one or more maps or images containing such details and with such markings as are sufficient to delineate the boundaries of each electoral division.

Where one or more maps or images are published in the notification under subsection (1), the Registration Officer must —

prepare and certify further maps on a scale larger than the published map or maps;

make the further maps available for free inspection by any member of the public at a reasonable hour on any day, and for sale at a reasonable cost; and

publish in the same notification, a notice containing particulars of the website at which the maps or images of the electoral division may be accessed free of charge online, and the place at which the further maps or other images may be inspected, by the public.

A website is not accessible for the purposes of subsection (1B)(c) if —

access is subject to a precondition, such as the use of a password;

access is only by way of a request; or

access is for a limited period of time only.”.

Section 11 of the principal Act is amended —

by deleting the word “or” at the end of subsection (9B)(b)(ii);

by deleting the full-stop at the end of sub‑paragraph (iii) of subsection (9B)(b) and substituting the word “; or”, and by inserting immediately thereafter the following sub‑paragraph:“(iv)the claim is frivolous or vexatious.”; and

by inserting, immediately after the words “ground of the objection” in subsection (10), the words “unless the Registration Officer is satisfied that the objection is frivolous or vexatious, in which case the Registration Officer may overrule the objection without further inquiry into the objection”.

Section 13A of the principal Act is amended —

by deleting the words “for that electoral division” in subsection (1);

by inserting, immediately after subsection (1), the following subsections:“(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:

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

by either —

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

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.

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.”;

by deleting paragraphs (d) and (e) of subsection (2) and substituting the following paragraphs:“(d)a statement specifying his or her option either —

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

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

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

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

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

by deleting paragraph (a) of subsection (3) and substituting the following paragraphs:“(a)to change the overseas polling station allotted to him or her under subsection (3A)(a)(i);

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

by deleting paragraph (a) of subsection (3A) and substituting the following paragraph:“(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 —

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

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

by inserting, immediately after paragraph (b) of subsection (3A), the following paragraph:“(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:

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

designate the applicant as a postal voter;”; and

by deleting subsection (4) and substituting the following subsections:“(4) Any person —

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

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

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

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:

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

the person’s name is —

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;

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

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

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;

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;

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.

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.

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 —

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

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).”.

Section 15(2) of the principal Act is amended by inserting, immediately after the words “other place or places”, the words “in or near the electoral division and at such overseas registration centres”.

Section 20 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:“(1) On the certification of a register under this Act, the Registration Officer must give notice in the Gazette that the register has been certified and that the register, or a copy of it, is open for inspection according to subsection (1A).

It is the duty of the Registration Officer to make open for inspection every certified register of electors at all reasonable hours of the day —

at the office of the Registration Officer;

at any other place or places in or near the electoral division to which the register relates and specified in the notice required by subsection (1); and

at the overseas registration centres specified in the notice required by subsection (1).”.

Section 27(2) of the principal Act is amended by deleting the word “name” in paragraph (a) and substituting the words “full name (as stated in the identity card of the person)”.

Section 27B(2) of the principal Act is amended by deleting the word “name” in paragraph (a) and substituting the words “full name (as stated in the identity card of each of those persons)”.

Section 28 of the principal Act is amended by deleting subsection (4) and substituting the following subsection:“(4) Subject to subsection (4A), the sum deposited by any candidate under subsection (1) for an election in an electoral division must be returned to the candidate, as soon as practicable after the results of the election in that electoral division are published in the Gazette under section 33 or 51, as the case may be.”.

Section 34(6) of the principal Act is amended by inserting, immediately after the words “overseas polling station” in paragraph (c), the words “and special polling station”.

Section 34A(6) of the principal Act is amended by inserting, immediately after the words “overseas polling station” in paragraph (c), the words “and special polling station”.

Section 36A of the principal Act is amended —

by deleting paragraph (a) of subsection (1) and substituting the following paragraph:“(a)establish for the electoral division as many ordinary polling stations as are necessary for the poll —

within each polling district of the electoral division; and

in a polling district of another electoral division which has a common boundary with the firstmentioned electoral division, but only if the Returning Officer is satisfied that doing so is conducive to the voting convenience of a large number of electors of the electoral division who reside near that common boundary;”;

by inserting, immediately after the words “within each” in subsection (1)(b), the word “ordinary”;

by deleting the words “(including overseas electors) to the polling stations in the electoral division” in subsection (1)(c) and substituting the words “registered for the electoral division (including overseas electors) to the ordinary polling stations”;

by inserting, immediately after subsection (1), the following subsection:“(1A) A single ordinary polling station in a polling district of an electoral division may be established for the conduct of a poll in another electoral division only if the polling district has a common boundary with a polling district of the other electoral division.”; and

by inserting, immediately after subsection (3), the following subsection:“(4) Where an ordinary polling station or a special polling station is located in any grounds, the Returning Officer —

may designate —

an entrance to those grounds as a designated entrance to the polling station; and

the routes that electors have to use to access the polling places within the polling station and the polling booths or other facilities for voting in accordance with this Act, including paths, hallways and doorways; and

if a designation under paragraph (a)(i) is made, must indicate or cause to be indicated by a presiding officer the designated entrance to those grounds by displaying an official sign at that entrance.”.

Section 39 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) Subject to subsection (1A) but without affecting section 7 (on plural voting), a person must not be admitted —

to an ordinary polling station to vote in person at an election in any electoral division unless the person is allotted under section 36A(1)(c) to that ordinary polling station;

to an overseas polling station to vote in person at an election in any electoral division unless the person —

is registered as an overseas elector for that electoral division;

is not designated under section 13A(3A) as a postal voter for that election; and

is allotted under section 13A(3A) to that overseas polling station; or

to a special polling station to vote in person at an election in any electoral division unless the person is allotted under section 47B(1) to that special polling station.”;

by deleting the words “a polling station within that division” in subsection (1A) and substituting the words “an ordinary polling station or a special polling station”;

by deleting the words “the polling station in the division” in subsection (1A) and substituting the words “the ordinary polling station”;

by deleting the words “in the division, and that” in subsection (1A) and substituting the words “, and that other”;

by deleting subsection (2A); and

by deleting the words “56C or 56DA,” in subsection (3).

Section 39A of the principal Act is repealed.

Section 42(5) of the principal Act is amended by deleting the words “who is incapacitated by blindness or other physical cause from voting” and substituting the words “who, by reason of blindness or other physical disability, is unable to vote”.

Section 43 of the principal Act is amended by inserting, immediately after subsection (1), the following subsections:“(1A) An elector who is allotted to a special polling station under section 47B(1) for the purposes of the poll in an electoral division and who —

attends in person at a polling place in the special polling station to record his or her vote; or

has his or her vote taken by a mobile polling team, deployed at the special polling station,must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered.

An overseas elector —

who is designated under section 13A(3A) as a postal voter for the purposes of the poll in a presidential election and an election in an electoral division; and

who applies for postal voting papers to be issued to him or her during the postal voting period for that presidential election or election,must be treated under this section as having recorded his or her vote at that election for which he or she is registered.”.