Presidential Elections Act 1991

In this Act, unless the context otherwise requires —

“ballot box” includes a ballot container;

“ballot display” means an electronic video display, image or representation of a ballot paper on a screen;

“candidate” means a person who is nominated as a candidate for election to the office of President;

“certificate of eligibility” means a certificate of eligibility issued under Division 2 of Part 2;

“Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act 1965;

“community” means —

“community certificate” means a community certificate issued by the Community Committee under Division 3 of Part 2;

“Community Committee” means the Community Committee established by section 8E;

“direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro‑optical machine that can —

“direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines;

“election” means an election for the purpose of electing the President;

“election advertising” means any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that can reasonably be regarded as intended —

“election agent” means a person named under section 43 by or on behalf of a candidate as his or her agent for an election and includes any candidate acting in his or her capacity of election agent;

“Election Judge” has the meaning given by the Constitution;

“elector” means a person whose name is entered in the register as an elector;

“electoral division” means an electoral division specified in a notification for the time being in force under section 8 of the Parliamentary Elections Act 1954;

“overseas elector” means an elector who is registered under the Parliamentary Elections Act 1954 in any register of electors as an overseas elector;

“overseas polling station” has the meaning given by the Parliamentary Elections Act 1954;

“polling district” means a part of an electoral division subdivided under section 9 of the Parliamentary Elections Act 1954;

“polling station” means any polling station established by or under the authority of the Returning Officer under section 18 for voters to cast their votes at an election, and includes any overseas polling station;

“Presidential Elections Committee” means the Presidential Elections Committee established under Article 18 of the Constitution;

“principal election agent” means an election agent of a candidate who has been appointed under section 43(2A) as the principal election agent;

“register” or “register of electors” means the register of electors for any particular electoral division maintained under the Parliamentary Elections Act 1954;

“Registration Officer” means the Registration Officer appointed under section 3 of the Parliamentary Elections Act 1954 and includes any Assistant Registration Officer so appointed;

“reserved election” means an election reserved under Article 19B(1) of the Constitution read with section 5A, but excludes an election which is an open election under section 5B;

“Returning Officer” means the Returning Officer appointed under section 3;

“Sub-Committee” means any of the following Sub‑Committees established by section 8E:

“tendered votes list” means the list referred to in section 29;

“voter” means a person who, whether his or her name does or does not appear in a register of electors, applies to vote or votes at an election.

For the purposes of this Act —

The Minister may appoint a Returning Officer and any number of Assistant Returning Officers as the Minister thinks fit.

An Assistant Returning Officer has all the powers and may perform all the duties of the Returning Officer.

Any reference in this Act to the Returning Officer is deemed, unless the context otherwise requires, to include a reference to an Assistant Returning Officer.

An appointment made by the Minister under this section may be revoked by the Minister at any time.

The Returning Officer may appoint any number of clerks and interpreters that may be necessary for the purposes of this Act.

The appointments made under subsection (1) may be revoked at any time.

The Schedule has effect for the purposes of determining whether an election is reserved under Article 19B(1) of the Constitution.

After the Returning Officer declares a person to be elected as President, the Returning Officer must add the person, and the community (if any) the person belongs to, to the Schedule.

For the purposes of subsection (2) —

If a person has been added to the Schedule and the Election Judge subsequently declares that the person’s election is void or that the return of the person is undue, the Returning Officer must remove the entry in the Schedule relating to the election affected by the declaration.

An amendment to the Schedule under subsection (2) or (4) must be made by notification in the Gazette.

If an election under a writ is reserved for one community under Article 19B(1) of the Constitution and the election wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.

The following provisions apply if an election under a writ is reserved for 2 communities under Article 19B(1) of the Constitution:

The following provisions apply if an election under a writ is reserved for 3 communities under Article 19B(1) of the Constitution:

Despite Article 19B(2) of the Constitution, a person does not need to belong to any community to be elected as President in an open election under subsection (1), (2)(c) or (3)(d).

For the purposes of this section, an election under a writ is deemed to have wholly failed only if no person stands or will stand nominated as a candidate on nomination day.

The Minister may make regulations to —

In making regulations under subsection (1)(a) or (b), the Minister must have regard to, to the extent that they are applicable —

In making regulations under subsection (1)(c), the Minister must have regard to the general law relating to the insolvency of companies.

Any poll for the election of the President must be conducted as follows:

For the purposes of every election to the office of President, the Prime Minister must issue a writ under the public seal, addressed to the Returning Officer.

Every such writ must be in the prescribed form and must specify the date or dates (called in this Act nomination day) not being less than 10 days nor more than one month after the date of the writ and the place or places of nomination (called in this Act the place of nomination).

Upon receipt of the writ, the Returning Officer must proceed to hold the election in the manner provided in this Act.

Whenever an election wholly fails, a fresh writ may be issued by the Prime Minister at any time for the holding of another election, except that where the election has failed because of the death of a candidate after the election has been reported as contested but before polling day, then section 16(7) and (8) applies.

The original writ for an election that has wholly failed and everything done in connection with the election because of that writ have no effect.

Where a fresh writ is issued under subsection (1), sections 6 and 7 apply to that writ.

For the purposes of this Act, an election shall have wholly failed if no candidate is nominated or returned as elected at that election.

A person desiring to be elected as President must apply in the prescribed manner to the Presidential Elections Committee for a certificate of eligibility.

An application for a certificate of eligibility must be made within the period —

Subject to subsection (2), the Presidential Elections Committee must issue a certificate of eligibility in the prescribed form to an applicant if the Committee is satisfied that —

The Presidential Elections Committee —

The Presidential Elections Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of —

Subsection (1) does not limit or affect any other right, privilege or immunity that the Presidential Elections Committee has, apart from this section, as a defendant in any action.

For the purposes of Article 19B of the Constitution, the Community Committee is established and consists of the following 16 persons:

The chairperson is to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights.

The 5 members who belong to the Chinese community —

The 5 members who belong to the Malay community —

The 5 members who belong to the Indian or other minority communities —

One member of each Sub‑Committee is to be appointed as the chairperson of the Sub‑Committee and the appointment must be made by the Prime Minister on the nomination of the Presidential Council for Minority Rights.

A person desiring to be elected as President must submit a community declaration in the prescribed form to the Community Committee.

A person making a community declaration must make one (and only one) of the following statements:

A community declaration must be submitted within the period —

This section applies to a reserved election.

The Community Committee must accept a community declaration submitted to the Committee and notify the declarant in writing of the acceptance, subject to the following provisions:

If the Community Committee accepts a community declaration, the Committee must then refer the community declaration to the Sub‑Committee for the community to which the election is reserved.

In a case referred to a Sub‑Committee for a community under subsection (3) —

This section applies to an election other than a reserved election.

The Community Committee must accept a community declaration submitted to the Committee and notify the declarant in writing of the acceptance, subject to the following provisions:

If the Community Committee accepts a community declaration by a declarant who wishes to apply for a community certificate in relation to a community, the Community Committee must refer the community declaration to the Sub‑Committee for that community.

In a case referred to a Sub-Committee for a community under subsection (3) —

In considering whether to invite a person to submit another community declaration under subsection (2)(b) or (4)(d)(ii), the Community Committee must be guided by the merits of the 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.

If the Community Committee invites a person to submit another community declaration under subsection (2)(b) or (4)(d)(ii), the Community Committee —

If a person submits another community declaration on an invitation under subsection (2)(b) or (4)(d)(ii) —

If a person declines to submit another community declaration despite an invitation under subsection (2)(b) or (4)(d)(ii) —

To avoid doubt, a person may not submit another community declaration except on the invitation of the Community Committee under subsection (2)(b) or (4)(d)(ii).

The decisions (however named) of the Community Committee and its Sub‑Committees in relation to a community declaration are final and are not subject to appeal or review in any court.

A community certificate is conclusive of the matters it certifies and is not subject to appeal or review in any court.

The Community Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of —

Subsection (1) does not limit or affect any other right, privilege or immunity that the Community Committee has, apart from this section, as a defendant in any action.

Subsections (1) and (2) apply to a Sub-Committee.

A decision of the Community Committee must be made by a simple majority of the members present and voting, except that in the case of an equality of votes, the chairperson or the member presiding has a casting vote in addition to his or her original vote.

The Community Committee may act despite the absence of any member.

Subject to this section, the Community Committee may regulate its own procedure.

The validity of any proceedings of the Community Committee is not affected by any defect in the appointment of any member of the Committee.

Regulations may be made under section 81 to provide for regulating and facilitating the performance by the Community Committee of its functions under this Act.

Subsections (1) to (5) apply, with the necessary modifications, to a Sub‑Committee.

Any person eligible for election to the office of President in accordance with the provisions of the Constitution may be nominated as a candidate for election to the office of President.

Each candidate is to be nominated by means of a nomination paper signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons all of whose names must appear in any register of electors.

Every nomination paper must —

Each candidate must at the time of his or her nomination deliver to the Returning Officer —

If any statutory declaration which is required by subsection (3)(c) to be made is not so made, or any certificate or document which is required to be delivered under subsection (4) is not so delivered, the nomination of the candidate is deemed to be void.

The Returning Officer may, at any time between the date of the notice referred to in section 7 and 12 noon of nomination day, supply a form of nomination paper to any registered elector requiring the form.

A candidate, or some person on the candidate’s behalf, must 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 under section 6 and 12 noon of nomination day, a sum equal to 3 times the amount of deposit referred to in section 28(1) of the Parliamentary Elections Act 1954.

In default of a deposit under this section being so made, the candidate is deemed to have withdrawn his or her candidature under section 13.

The Returning Officer must immediately give a receipt for any sum deposited under this section and must pay that sum into the Treasury and that sum must be dealt with in accordance with the provisions of this Act.

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

If a candidate is not nominated as a candidate for election, an election has wholly failed or if, after the deposit under this section is made, the candidate withdraws his or her candidature under section 13, the deposit must be returned to the person by whom the deposit was made.

If the candidate dies after the deposit is made and before the poll has 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.

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, the amount deposited is forfeited and must be paid into the Consolidated Fund.

In any other case, the amount so deposited must be returned to the candidate —

For the purposes of this section —

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

The Returning Officer must, on nomination day, attend at the place of nomination from 11 a.m. until 12 noon to receive nominations papers and political donation certificates issued by the Registrar of Political Donations and certificates issued under section 8 (called in this Act nomination papers).

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

The Returning Officer must immediately cause a copy of the nomination papers to be posted in a conspicuous position outside the place of nomination.

The Returning Officer must 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 nomination 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 by the Returning Officer.

Before 12.30 p.m. on nomination day at an election, any candidate may, by writing under his or her hand, indicate to the Returning Officer which of his or her names mentioned in the nomination paper the candidate desires should be omitted and which should be specified by initial only.

For the purposes of the election the names which the candidate desires to omit may be omitted and an initial may be used in place of those names which the candidate desires should be specified by initial.

Subject to subsection (3), where the Returning Officer detects in any nomination paper —

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 12), the candidate or person seeking nomination (as the case may be) may, at any time before 12 noon on nomination day but no later, take such action as may be necessary to correct the error or omission in his or her nomination paper.

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

In this section, “error” has the meaning given by section 82.

Objection may be made to a nomination paper only on all or any of the following grounds:

An objection to a nomination paper must not be allowed unless it is made to the Returning Officer between 11 a.m. and 12.30 p.m. on nomination day.

Every objection must be in writing signed by the objector and must specify the ground of objection.

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

The Returning Officer must with the least possible delay decide on the validity of every objection and inform the candidate concerned of his or her decision, and, if the objection is allowed, of the grounds of his or her decision.

If the Returning Officer disallows any objection, his or her decision is final and conclusive and is not to be called in question in any court; but if the Returning Officer allows the objection, his or her decision is subject to reversal on an application under section 71.

A candidate may before 12 noon on nomination day, but not afterwards, withdraw his or her candidature by giving, in person, a notice to that effect signed by him or her to the Returning Officer.

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

If, on nomination day after the decision by the Returning Officer of any objection which may have been lodged, only one candidate stands nominated, the Returning Officer must immediately —

Nothing in sections 11 and 12 prevents the Returning Officer from exercising any of his or her powers under subsection (1) before 12.30 p.m. if, at 12 noon on nomination day for an election, only one candidate stands nominated.

If, on nomination day after the decision by the Returning Officer of any objections which may have been lodged, more than one candidate stands nominated for election to the office of President, the Returning Officer must —

Subject to subsection (3A), the Returning Officer may, in his or her discretion, allot to any candidate some other symbol selected by the candidate.

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

Subject to subsections (1) and (1A), the determination of the approved symbol to be allotted to each candidate must be made by lot by the Returning Officer.

A candidate must not be allotted any symbol which is of any racial or religious significance or which denotes or implies an affiliation with any political party.

In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer is final and is not to be questioned.

Subject to section 6(1), the Returning Officer must cause to be published in the Gazette a notice in the prescribed form specifying —

(aa)whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system and the electoral division which will use the system at the poll;

(ab)the day and hours of the poll at every overseas polling station;

In computing time for the purpose of subsection (5)(a), the last day of the period must 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 any other written law.

If, after an election has been reported as contested, one of the candidates nominated dies before the poll has commenced, the Returning Officer must, upon being satisfied of the fact of the death —

In the case referred to in subsection (7), all proceedings with reference to the election must be commenced afresh, except that no fresh nomination is necessary in the case of the candidates who stood nominated at the time of the countermand of the poll.

The Returning Officer must, for the purposes of the poll in any electoral division —

The Returning Officer may use, free of charge, as a polling station any school in Singapore or part thereof for the purposes of any election.

The Returning Officer must make good any damage done to, and defray any expenses incurred by the persons having control over, any school in Singapore or part thereof by reason of its being used as a polling station.

A polling station comprises 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.

The Returning Officer must appoint, and may revoke the appointment of, one or more persons (called in this Act presiding officers) to preside at each polling station.

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 is to exercise general supervision over the other presiding officers and over all arrangements for the conduct of the poll in that station.

Each presiding officer must be supplied with a copy of that part of the register of electors containing the names of electors in the register assigned to the presiding officer’s polling place.

If any presiding officer is, by sickness or other cause, prevented from acting at any election and there is no time for another person to be appointed by the Returning Officer, the presiding officer may appoint a deputy to act for him or her.

A presiding officer must as soon as possible report to the Returning Officer every appointment made under subsection (4) and every such appointment may be revoked by the Returning Officer, but without affecting the validity of anything already done by the deputy.

The Returning Officer may, if he or she thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer apply to the Returning Officer.

Before the poll opens at a polling station, the presiding officer or the senior presiding officer at that station must cause a notice about the poll to be displayed on or at a conspicuous place outside that station.

The notice mentioned in subsection (1) —

It is 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.

The Returning Officer must determine, or may authorise the presiding officer or senior presiding officer to determine, in what manner the facilities mentioned in subsection (3) are to be distributed among the electors entitled to vote at that station.

An election must not be questioned by reason of non‑compliance with subsection (3) or (4) or any informality relative to polling stations.

A person who, by reason of circumstances existing on the day of an election, is by virtue of the provisions of this Act or the Parliamentary Elections Act 1954, not entitled to have his or her name entered or retained in any register of electors is not entitled to vote at the election.

If the person mentioned in subsection (1) votes at the election, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both, and shall, on conviction, become incapable for a period of 3 years from the date of his or her 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.

The register of electors in operation in accordance with the Parliamentary Elections Act 1954 at the time of any election is conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election.

The right to vote of any person whose name is for the time being contained in the register is not prejudiced by any appeal pending before a Revising Officer in respect of the inclusion of that person’s name in the register.

Any vote given by the person mentioned in subsection (4) during the pendency of that appeal is as good as though no such appeal were pending and is not affected by the subsequent decision of the appeal.

In this section, “Revising Officer” means a Revising Officer appointed under section 12 of the Parliamentary Elections Act 1954.

Subject to subsections (2) and (3A), a person must not be admitted to vote at any polling station except the one allotted to him or her.

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, and it is inconvenient for him or her to vote at the polling station which has been allotted to him or her, the Returning Officer may, by a certificate authorise the elector to vote at any other polling station and that polling station is deemed, for the purposes of this section, to be the polling station allotted to that elector.

The certificate mentioned in subsection (2) must be given under the hand of the Returning Officer and must state the name of the elector, the elector’s number, and description in the register of electors, and the fact that the elector is so employed as a presiding officer, police officer or in any other official capacity at a polling station.

An overseas elector is also entitled to be admitted to vote at the overseas polling station allotted to him or her by the Registration Officer under section 13A(3) of the Parliamentary Elections Act 1954.

Unless the Returning Officer, by notification in the Gazette under this section, section 33C(3)(b), 36C or 36DA, appoints any other hour, the poll must open at 8 a.m. on the day appointed under section 16(5) and must close at 8 p.m. on that day.

The presiding officer must —

Not more than one polling agent of each candidate shall be admitted to any polling station, except that where, at any polling station, more polling places than one have been established, not more than one polling agent of each candidate shall be admitted to each such polling place.

A polling agent whose name has not been notified to the presiding officer as required by section 45(1B) must not be admitted to a polling station.

If any person misconducts himself or herself in a polling station or fails to obey the lawful orders of the presiding officer, that person 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 that person.

The person removed under subsection (8) must not, unless with the permission of the presiding officer, again be allowed to enter the polling station.

Any person removed under subsection (8) may, if charged with the commission in a polling station of any offence, be kept in custody until he or she can be brought before a magistrate.

The powers conferred by this section must 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.

Subject to section 52, any overseas elector who intends to cast his or her vote at the poll for a contested election may vote at —

The hours of any poll for any contested election at an overseas polling station must 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 must close not later than the close of the poll on polling day in Singapore.

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

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.

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

In the case of a poll at an election not using a DRE voting system, the votes must be given by ballot, and the ballot of each voter must consist of a paper (called in this Act a ballot paper).

Every ballot paper must —

(aa)clearly demarcate the area within which a voter must mark his or her vote for a candidate;

The official mark for the authentication of ballot papers must comprise a pattern, design, watermark or logo approved by the Returning Officer which must 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.

The Returning Officer must include on every ballot paper in an election a candidate’s photograph if —

If subsection (1)(a) or (b) is not complied with, the Returning Officer must indicate in the area designated on the ballot paper for the candidate’s photograph that there is no photograph for the candidate.

The Returning Officer must cause to be published, as soon as practicable after the issue of the writ for the election and in such manner as will secure adequate publicity to the candidates, the Returning Officer’s specifications and requirements under subsection (1)(a) and (b).

Every ballot box must 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.

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

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

Subsections (2) and (3) apply to every ballot box used during a poll and it is 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.

Each voter entitled to vote must be given one ballot paper and has one vote.

The ballot paper must be delivered to the voter by the presiding officer or a person acting under the presiding officer’s authority.

Immediately before any ballot paper is delivered to a voter —

Subject to subsection (4AA), the voter must, on receiving the ballot paper, 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 must there secretly mark the paper as near as may be in accordance with the directions given for the guidance of voters under this Act.

The voter’s mark on the ballot paper must be made in the area demarcated on the ballot paper for that purpose, and not elsewhere.

The voter must then fold the paper so as to conceal his or her vote, and must put the paper so folded up into the ballot box.

Every voter must vote without undue delay and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box.

The presiding officer or any person authorised by the presiding officer may ask any voter if the voter understands the method of voting in accordance with this Act and may, if he or she 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 or she must carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any candidate.

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, must mark the ballot paper of the voter in the manner directed by the voter, and must cause the ballot paper to be placed in the ballot box.

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.

During the taking of the poll, the presiding officer must cause to be exhibited outside his or her polling station a notice, in English, Malay, Chinese and Tamil, substantially in the prescribed form, giving directions for the guidance of voters in voting.

Every elector must record his or her vote at each election in the electoral division for which he or she is registered.

The Returning Officer must, 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 who have failed to vote at the election and certify the list under the hand of the Returning Officer.

Despite section 32(10) and (12), it is 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 connected inquiries.

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

The Registration Officer must on receipt of such list cause the names of all persons appearing in the list to be expunged from the register of electors.

The Registration Officer must give notice in the Gazette that such list has been received by him or her from the Returning Officer and that the 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.

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 or her name to the register of electors.

If any applicant under subsection (7) satisfies the Registration Officer that the applicant has a good and sufficient reason for not having recorded his or her vote, the applicant’s name must be restored to the register without penalty, but where the applicant does not so satisfy the Registration Officer, the applicant’s name must be restored to the register on payment to the Registration Officer of a sum of $50.

Any name to be restored to the register under subsection (8) must, except as otherwise provided in subsection (11), be restored on the day after the Registration Officer has satisfied himself or herself that the applicant has a good and sufficient reason for not recording his or her vote, or the day after the payment of the sum of $50 to the Registration Officer, as the case may be.

Where any person whose name is to be restored to the register under subsection (8) has notified the Commissioner of National Registration of any change in the person’s address and it appears from such change of address that the person is no longer residing in the same electoral division, the person’s name must be restored to the appropriate register of the electoral division in which he or she is residing.

Where a writ of election has been issued under section 6 for an election, no name may be restored to the register until after nomination day or, if a poll is to be taken, until after polling day.

The presiding officer at any polling station may, in his or her discretion, require any voter, before the voter is given a ballot paper, to furnish such evidence of the voter’s identity as the presiding officer may consider necessary and to make and subscribe to all or any of the declarations set out in the prescribed form.

[Deleted by Act 6 of 2017]

If any person fails to furnish such evidence of his or her identity or refuses to make any declaration required under subsection (1), the presiding officer may refuse to give him or her a ballot paper.

If any person wilfully makes a false statement in any declaration required under subsection (1), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both.

A voter who has inadvertently dealt with his or her ballot paper in such 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 (called in this Act a spoilt ballot paper).

The spoilt ballot paper must be immediately cancelled by the presiding officer.

If a person representing himself or herself to be a particular elector named in the register applies for a ballot paper after another person has voted as such elector, the applicant, on taking an oath of identity which may be administered by the presiding officer and which must be in the prescribed form, is entitled to receive a ballot paper and to vote in the same manner as any other voter.

The ballot paper (called in this Act a tendered ballot paper) must be of a colour different from the other ballot papers, and, before being placed in a ballot box, must be endorsed by the presiding officer with the name of the voter and the voter’s number in the register, and that number must be entered on a tendered votes list.

As soon as practicable after the close of the poll, the presiding officer of each polling station must, in the presence of such of the candidates and their polling agents as attend, make up into separate packets, sealed with the presiding officer’s own seal and the seals of the candidates or their agents if they desire to affix their seals —

The ballot box or boxes unopened must be secured by the presiding officer and sealed with the presiding officer’s 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.

Every presiding officer of a polling station must despatch each such packet and the ballot box or boxes in safe custody to the 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.

Where the Returning Officer has specified a polling station to be a counting place under this Act, the presiding officer of the polling station must keep at that station every such packet and ballot box in safe custody pending counting of the votes thereat.

The Returning Officer may direct —

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

The Returning Officer must cause notice of every direction issued under subsections (1) and (1A) to be published in the Gazette at least 2 clear days before polling day.

Where polling at all polling stations established for the purposes of a poll is postponed under section 36C, the conduct of the counting of votes cast for the election shall stand postponed until such other time as the Returning Officer, by notice in the Gazette, specifies.

Where polling at any polling station established for the purposes of a poll is temporarily suspended, adjourned and postponed or abandoned and restarted under section 36C, the conduct of the count in respect of votes cast at the other polling stations which are specified in the direction under this section to be counted at the same counting place as votes cast at the firstmentioned polling station shall, even though the poll at the other polling stations has closed, stand postponed until such other time as the Returning Officer, by notice in the Gazette, specifies.

Each candidate or any of his or her election agents may appoint an agent (called in this Act the counting agent) to attend the counting of the votes and must give written notice of the name and address of the counting agent so appointed to the Returning Officer.

Each candidate or any of his or her election agents may appoint not more than one counting agent to attend the counting of votes at each counting place specified under this Act.

The Returning Officer must make arrangements for counting the votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —

The Returning Officer, his or her 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.

Before the Returning Officer proceeds to count the votes, the Returning Officer or a person authorised by him or her must, 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.

The Returning Officer, while counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the backs of the papers.

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

The Returning Officer must not count the tendered ballot papers but must place them in separate packets according to the candidate whom they support and mark each packet with the name of the candidate, and must seal the packet and retain it unless it is required for the purposes of an application under section 71.

Where only one counting place is specified under this Act, the Returning Officer must, when the counting of votes cast at all polling stations in Singapore is completed at the sole counting place or, if a recount thereof is conducted under section 32B, after that recount is completed, immediately act as follows:

Where more than one counting place is specified under this Act, the Returning Officer must, immediately after the counting of votes cast in Singapore is completed at the counting place under his or her charge and, if a recount thereof is conducted under section 32B, after that recount is completed, at each counting place —

Except with the sanction of the Returning Officer, no person other than —

At the principal counting place, the Returning Officer must, upon receipt of the results of the counting of votes at all counting places, ascertain the total number of votes given to each candidate at the poll by adding up the number of votes recorded for each candidate in the said results.

When the total number of votes cast at polling stations in Singapore for each candidate at an election is ascertained under subsection (8C), or if a recount thereof is conducted under section 32B, after that recount is completed, the Returning Officer must immediately act as follows:

When, after the counting of votes (including any recount conducted under section 32B) is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom the one additional vote is deemed to have been given must be made by lot in the presence of the Returning Officer in such manner as the Returning Officer may determine.

After the Returning Officer has made any declaration under subsection (8) or (8D), the Returning Officer must ensure that the following procedures are complied with at every counting place and principal counting place:

An Election Judge 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.

No Election Judge is to make such an order unless he or she is satisfied that the inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an application under section 71 in connection with the election.

Except as provided in this section, no person is allowed to inspect any such ballot paper or document after it has been sealed up pursuant to subsection (10).

Subject to section 36DB, every sealed ballot box containing votes cast at an overseas polling station in an election must, in order for those votes to be counted in the election, reach the custody of the Returning Officer in Singapore —

The Returning Officer may extend time by another 7 days if the Returning Officer —

If the Returning Officer extends time under subsection (2) —

Subject to subsection (1), the Returning Officer must arrange 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.

Section 32 applies to the counting of votes cast by overseas electors, with the necessary modifications.

Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b), the number of votes given by overseas electors to each candidate must be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate, and the Returning Officer must immediately declare the candidate to whom the greatest total number of votes is given to be elected.

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

The Returning Officer must conduct a recount of the votes cast in Singapore at an election if the difference between the number of votes given to the candidate with the most votes and the number of votes given to any other candidate at the election is 2% or less of the total number of votes cast in Singapore (excluding rejected votes and tendered votes) at the election.

The recount of the votes under subsection (1) may be conducted only once, and must take place as soon as practicable —

Where a recount of the votes is to be conducted, the votes at the sole counting place or, if there is more than one counting place, at every counting place must be recounted and added following the same procedure set out in sections 32 and 33.

This section applies to the recounting of votes cast by overseas electors, with the necessary modifications.

The Returning Officer must reject as invalid the following ballot papers only:

Subject to subsection (2A), where the Returning Officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter and the candidate for whom the voter gives his or her vote, the Returning Officer must 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.

When determining whether a mark made on a ballot paper clearly indicates the voter’s intention and the candidate for whom the voter gives his or her vote, the Returning Officer must disregard any mark on the ballot paper that is not made within the area demarcated on the ballot paper for the voter to mark his or her vote for a candidate.

Before rejecting a ballot paper, the Returning Officer must show it to each candidate or the candidate’s counting agent if present and hear his or her views thereon, taking all proper precautions to prevent any person from seeing the number printed on the back of the paper.

The decision of the Returning Officer as to whether or not any ballot paper is to be rejected is final and is not to be questioned on an application under section 71.

A DRE voting system must not be used at any poll unless the DRE voting system is approved before the date of the writ of the election under section 6 by —

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

Subject to subsection (1), a DRE voting system must not be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 16, that a DRE voting system will be used at the poll in that electoral division.

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.

It is the duty of the Returning Officer to provide at each polling station within every electoral division specified in the notice under section 16 —

Not earlier than 4 clear days before polling day, the Auditor‑General or person appointed by the Minister under section 33A(1) must 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 or she is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he or she must not later than on the eve of polling day —

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

Immediately before the commencement of the poll in any electoral division specified in a notice under section 16(5), the presiding officer at every polling station within the electoral division must, and in the sight of such person as may be present at the polling station —

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

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 must, with the approval of the Returning Officer —

Except as otherwise provided in sections 33B and 33C and any regulations made under this section, any poll using any DRE voting system must be conducted in the same manner as that in which voting is conducted under sections 17 to 34, and is regarded as a poll for the purposes of this Act.

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

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.

After declaring the result under section 32(8)(a) or (8D)(a) and counting of all votes cast by overseas electors or after declaring the result under section 32A(5) (as the case may be), the Returning Officer must immediately compile a statement of the poll in the prescribed form and must cause the statement and the name of the person elected to the office of President to be published in the Gazette.

Despite the provisions of this Act, if the candidate who has been declared elected to the office of President under section 15 or 32 dies before the commencement of his or her term of office, the Prime Minister must immediately issue a fresh writ under section 6 and the provisions of this Act apply, with the necessary modifications, to that writ.

An election is not 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.

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 does not, if that act or thing is otherwise duly done, invalidate that act or thing.

Every officer, clerk, interpreter, candidate and agent authorised to attend at a polling station, or at the counting of the votes, must, before so attending, make an oath of secrecy, substantially in the prescribed form.

The Returning Officer has power to administer any oaths required to be taken under subsection (1).

Every officer, clerk, interpreter, candidate and agent in attendance at a polling station must maintain, and aid in maintaining, the secrecy of the voting in the station, and must 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.

The total number of voters who have voted at any polling station at any time before the poll is closed may, in the discretion of the presiding officer, be divulged to the candidate or the candidate’s agent authorised to attend at the polling station.

Every officer, clerk, interpreter, candidate or agent in attendance at a polling station, and every person must not —

Every officer, clerk, interpreter, candidate and agent in attendance at the counting of the votes must maintain and aid in maintaining the secrecy of the voting, and must not —

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, is to communicate or attempt to communicate with any voter after the voter has received a ballot paper and before the voter has placed it in a ballot box, or after the voter has been authorised to use an approved DRE voting machine to record his or her vote and before the voter records his or her vote at the machine, as the case may be.

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 $1,500 or to imprisonment for a term not exceeding 9 months or to both.

Despite any other provision of this Act, at any time before the nomination day for any election, the Prime Minister may postpone nomination day to another day, or change the place of nomination, because of —

Any postponement of nomination day to another day, or any change in the place of nomination, under subsection (1) must be —

Despite any other provision of this Act but subject to subsection (3), at any time before the nomination day for any election, the Returning Officer may change the hours for nomination proceedings to another time, because of —

Any change in the hours for nomination proceedings to another time under subsection (1) must be —

In changing the hours for nomination proceedings under subsection (1), the Returning Officer may specify such other times in the day but —

Any changes in time under subsection (1) in lieu of the hours fixed by the notice of the issue of the writ under section 7 for an election are deemed to be the hours for nomination proceedings so fixed, and sections 9 to 15 apply with such modifications as are necessary.

Despite any other provision of this Act, if at any time before the polling day appointed in respect of an election, it appears to the Returning Officer that the polling at all polling stations established for the purposes of the poll is likely to be obstructed, disrupted, undermined or seriously affected because of —

Despite any other provision of this Act, if at any time before or during the conduct of polling in respect of an election, it appears to the Returning Officer that the polling at any polling station established for the purposes of the poll is likely to be obstructed, disrupted, undermined or seriously affected because of —

Any poll at an overseas polling station, if resumed or held in place of a postponed poll thereat, must close not later than the close of the poll on polling day in Singapore, and any poll held in place of a postponed poll at any polling station must be within the time delimited by Article 17A(2) of the Constitution.

In exercising any power under subsection (1) or (2), the Returning Officer must —

If, in exercising any power under subsection (2), the Returning Officer changes the location of any polling station, the notice given under subsection (4) must also contain the address of the relocated polling station.

Any temporary suspension, adjournment, postponement, abandonment, restart or early termination (as the case may be) of polling at a polling station pursuant to the exercise of any power under subsection (1) or (2) must be carried out in the prescribed manner.

Nothing in this section restricts the exercise of any power under section 33C(3).

The Returning Officer must wholly abandon the counting of all the votes cast at a polling station in Singapore (called in this section the affected polling station) in an election if any sealed ballot box containing votes cast at the affected polling station in the election is lost or destroyed at any time —

The Returning Officer must restart (within the time delimited by Article 17A(2) of the Constitution) the polling at the affected polling station if the Returning Officer is satisfied that the aggregate of the following is equal to or more than the difference between the number of votes given in Singapore to the candidates with the 2 greatest number of votes:

The Returning Officer must, as soon as practicable, inform the candidates of the abandonment of the counting of the votes cast at the affected polling station and whether the polling at the affected polling station must restart.

Where the polling at the affected polling station must restart, the counting of the votes cast at the overseas polling stations in the election stands postponed —

The Returning Officer must, as soon as practicable, publish a notice in the Gazette —

Any restart of polling in an election or other change under this section is valid and sufficient, and any polling day or polling station specified by the Returning Officer under this section is deemed to be the polling day or polling station (as the case may be) specified in the notice published under section 16(5) in respect of that election.

Nothing in this section restricts the exercise of any power under section 33C(3).

The Minister may prescribe the manner in which the abandonment of the counting of votes, the restart of polling, or the counting of votes, under this section is to be carried out.

In this section, “affected electors”, in relation to an election, means the electors (excluding overseas electors) who are allotted to an affected polling station under section 18(1)(c) for the purposes of the election.

The Returning Officer must wholly abandon the counting of all the votes cast at an overseas polling station (called in this section the affected overseas polling station) in an election if any sealed ballot box containing votes cast at the affected overseas polling station in the election is lost or destroyed at any time —

The Returning Officer must restart (within the time delimited by Article 17A(2) of the Constitution) the polling at the affected overseas polling station if the Returning Officer is satisfied that any of the following is equal to or more than the difference between the number of votes given in Singapore to the candidates with the 2 greatest number of votes:

The Returning Officer must, as soon as practicable, inform the candidates of the abandonment of the counting of votes cast at the affected overseas polling station and whether the polling at the affected overseas polling station must restart.

Where the polling at the affected overseas polling station must restart, the counting of the votes cast at the other overseas polling stations in the election stands postponed to the date specified by the Returning Officer under subsection (5)(b)(ii).

The Returning Officer must, as soon as practicable, publish a notice in the Gazette —

Any restart of polling in an election or other change under this section is valid and sufficient, and any polling day, polling hours or overseas polling station specified by the Returning Officer under this section is deemed to be the polling day, polling hours or overseas polling station (as the case may be) specified in the notice published under section 16(5) in respect of that election.

Nothing in this section restricts the exercise of any power under section 33C(3).

The Minister may prescribe the manner in which the abandonment of the counting of votes, the restart of polling, or the counting of votes, under this section is to be carried out.

Despite any other provision of this Act, if at any time before or during the counting of votes in respect of an election, it appears to the Returning Officer that the counting of votes at any counting place is likely to be obstructed, disrupted, undermined or seriously affected because of —

In exercising any power under subsection (1), the Returning Officer must —

If, in exercising any power under subsection (1), the Returning Officer changes the location of any counting place, the announcement and notice given under subsection (2) must also contain the address of the relocated counting place.

Before every temporary suspension of the counting of votes at any counting place —

Before resuming the counting of votes following any temporary suspension or adjournment of counting, the Returning Officer or a person authorised by the Returning Officer must, in the presence of such of the candidates and their counting agents as attend, show each ballot box with such seals unbroken before taking out the uncounted ballot papers therein.

Any temporary suspension, adjournment, postponement or abandonment of the counting of votes at any counting place pursuant to the exercise of any power under subsection (1), and the resumption of counting of votes or polling in place of the suspended, adjourned, postponed or abandoned count, must be carried out in the prescribed manner.

In this section, any reference to counting of votes includes a reference to the recounting of votes.

Despite any other provision of this Act, if at any time before or during the adding of all the counted votes cast in respect of an election, it appears to the Returning Officer that the adding of those votes at the principal counting place is likely to be obstructed, disrupted, undermined or seriously affected because of —

In exercising any power under subsection (1), the Returning Officer must —

If, in exercising any power under subsection (1), the Returning Officer changes the location of the principal counting place, the announcement and notice given under subsection (2) must also contain the address of the relocated principal counting place.

Any temporary suspension, adjournment or postponement (as the case may be) of the addition of votes at the principal counting place pursuant to the exercise of any power under subsection (1), and the resumption of the addition of votes or the addition of votes in place of the suspended, adjourned or postponed addition, must be carried out in the prescribed manner.

Every person who —

Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence.

Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010.

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.

A prosecution for an offence under this section may only be instituted with the consent of the Public Prosecutor.

Every person who —

The offence of personation under this section shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010.

A person shall be guilty of treating if the person corruptly, by himself or herself 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 food, 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 food, drink, refreshment, cigarette, entertainment or other provision or thing, to or for any person —

A person shall also be guilty of treating if the person corruptly accepts or takes any such food, 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 food, drink, refreshment, cigarette, entertainment or other provision or thing.

Every person who —

Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his or her 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.

A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)(d) or (e)) must not be instituted without the consent of the Public Prosecutor.

Without affecting section 38, every offence of undue influence or bribery under section 40 or 41, and every other corrupt practice under subsection (1)(c), (d) or (e) is an arrestable offence within the meaning of the Criminal Procedure Code 2010.

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 of the election advertising.

Subsection (1)(c) does not apply in respect of —

On or before nomination day at an election, not more than 20 persons must be named in writing by or on behalf of each candidate as his or her election agents for that election.

A candidate may name himself or herself as election agent, and is thereupon, so far as circumstances admit, subject to the provisions of this Act, both as a candidate and as an election agent.

On or before nomination day at an election, not more than one principal election agent for that election must be appointed by the candidate from among his or her election agents for that election.

On or before nomination day, the names and addresses of the principal election agent and every election agent of each candidate must be declared in writing by the candidate or some other person on the candidate’s behalf to the Returning Officer.

The Returning Officer must immediately, by affixing a notice in a conspicuous place outside his or her office, give public notice of the names and addresses of the principal election agent and every election agent so declared.

The appointment of a principal election agent or an election agent, whether the person so appointed be any of the candidates or not, may be revoked.

In the event of such revocation or of the death of a principal election agent or an election agent (as the case may be), whether the event is before, during or after the election, another principal election agent must or another election agent may then immediately be appointed.

The name and address of the other principal election agent or election agent appointed under subsection (5) must be declared in writing to the Returning Officer, who must immediately give public notice of the name and address in accordance with subsection (3A).

Every polling agent, clerk and messenger employed for payment on behalf of a candidate at an election must be appointed by his or her principal election agent or any of his or her election agents.

Every committee-room hired on behalf of a candidate must be hired by his or her principal election agent or any of his or her election agents.

The principal election agent or election agent (as the case may be) must inform the presiding officer at each polling station in writing of the name of the polling agent or agents he or she has appointed under subsection (1) to act at that polling station before the person is admitted to the polling station.

A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election is not enforceable against a candidate at the election unless made by the candidate or any of the candidate’s election agents.

Inability under this section to enforce a contract against a candidate does not relieve the candidate from the consequences of any corrupt or illegal practice committed by the candidate’s agent.

Except as permitted by or pursuant to this Act, no payment and no advance or deposit is to 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 any election agent of the candidate.

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, must be paid to the candidate or any of the candidate’s election agents and not otherwise.

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

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.

Every payment of $10 or more made by an election agent in respect of any expenses incurred on account of or in respect of the conduct and management of an election must, except 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.

Every claim against a candidate at an election or any of the candidate’s election agents 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, is barred and must not be paid.

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

Except as otherwise provided by this Act, the time limited by this Act for sending in claims is 14 days after the date of publication of the result of the election in the Gazette under section 34.

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, must be paid within the time limited by this Act and not otherwise.

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

Except as otherwise provided by this Act, the time limited by this Act for the payment of the expenses referred to in subsection (4) is 28 days after the date of publication of the result of the election in the Gazette under section 34.

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 is not void, nor is the candidate subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section.

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

The claimant may bring an action for a disputed claim in any competent court; and any sum paid by a candidate or any of his or her election agents pursuant to the judgment or order of that court is 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 any election agent.

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

Any sum specified in any order of leave under subsection (9) may be paid by the candidate or any of his or her election agents; and when paid pursuant to that leave is deemed to be paid within the time limited by this Act.

So far as circumstances admit, this Act applies to a claim for his or her remuneration by an election agent and to the payment thereof in like manner as if he or she were any other creditor.