Singapore legislation

Section 10

of Presidential Elections Act 1991

Section 10

Deposits by candidates

Amended byAct 34 of 2024 wef 22/01/2025Act 9 of 2023 wef 01/06/2023

(1)

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.

(1A)

In default of a deposit under this section being so made, the candidate is deemed to have withdrawn his or her candidature under section 13.

(2)

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.

(2A)

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 —

(a)

deposited the sum required by this section; and

(b)

consented to having his or her name so published.

Amended byAct 34 of 2024 wef 22/01/2025

(3)

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.

Amended byAct 9 of 2023 wef 01/06/2023

(4)

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.

(4A)

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.

(5)

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.

(5A)

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

(a)

where the candidate is elected, as soon as the candidate has taken the oath or made affirmation as President; and

(b)

where the candidate is not elected, as soon as practicable after the result of the election is declared.

(6)

For the purposes of this section —

(a)

the number of votes polled is deemed to be the number of votes counted other than rejected votes; and

(b)

“certified cheque” means a cheque which is certified by the drawee bank as good for payment of the sum stated in the cheque.

(7)

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).