Presidential Elections Act 1991

In this Act, unless the context otherwise requires —

“access”, in relation to any content, means to encounter, read, view, hear or otherwise experience the content, and includes —

“ballot box” includes a ballot container;

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

“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 —

“billboard” means any of the following:

“by electronic means” means by using an electronic service;

“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;

“content” means information or material —

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

“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 information or material that can reasonably be regarded as intended —

“election advertising regulations” means regulations made under section 42Q;

“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;

“election meeting” has the meaning given by section 62A(4);

“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;

“electronic service” means —

“end-user”, in relation to an electronic service, means a person that, and whether or not in the course of business —

“entity” means —

“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 —

“foreign entity” means an entity that —

“foreigner” means an individual who is not a citizen of Singapore;

“grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land;

“non-online election advertising” means election advertising that is not online election advertising;

“nursing home” means any premises that are —

“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 18(1);

“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;

“political donation certificate” means a political donation certificate issued under section 63(3) of the Foreign Interference (Countermeasures) Act 2021 in respect of an election;

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

“polling station” means —

“postal voting papers” means —

“postal voting period”, for an election, means the period —

“poster” means any of the following:

“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) or treated to have been appointed under section 43(2B) or (2C) as the principal election agent;

“public place” means —

“publicly display”, for any content, means to display, exhibit, screen or project the content —

“publish” means making available to the general public, or any section of the public, in whatever form and by whatever means, including broadcasting (by wireless telegraphy or otherwise) and transmitting on the Internet;

“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;

“special polling station” means a polling station established in Singapore under section 30A(1);

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

“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999;

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

“third party”, in relation to an election, means a person who is neither a candidate at the election nor 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;

“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 —

Where any content is published by electronic means, the content is to be taken to be published in Singapore if —

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) —

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

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

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.

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 —

If an application for a certificate of eligibility is made by a person who is below 45 years of age as at nomination day or, if there is more than one nomination day, the latest of those days —

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 —

To avoid doubt, subsection (2)(b) includes a case in a reserved election where the applicant does not state in his or her community declaration that he or she considers himself or herself to be a member of the community to which the election is reserved.

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, 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, 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.

After a writ of election is issued and before the end of nomination proceedings under the writ, the Returning Officer must publish and maintain, on an Internet website accessible to the general public, a list of every candidate who has —

The deposit of the sum required under subsection (1) must be made through an electronic fund transfer system designated by the Returning Officer for that purpose, or by a bank draft or a certified cheque, or in any other form or manner as the Returning Officer allows.

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 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.

[Deleted by Act 9 of 2023 wef 01/06/2023]

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.