Singapore legislation

Section 43

of Presidential Elections Act 1991

Section 43

Appointment of election agents

Amended byAct 9 of 2023 wef 01/06/2023Act 9 of 2023 wef 01/06/2023Act 9 of 2023 wef 01/06/2023Act 9 of 2023 wef 01/06/2023Act 9 of 2023 wef 01/06/2023Act 9 of 2023 wef 01/06/2023Act 9 of 2023 wef 01/06/2023

(1)

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

Amended byAct 9 of 2023 wef 01/06/2023

(2)

A candidate may appoint 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.

Amended byAct 9 of 2023 wef 01/06/2023

(2A)

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.

(2B)

Where there is no appointment in force under subsection (1), (2) or (2A) of any election agent of a candidate for an election, the candidate must be treated, and so far as circumstances admit and subject to the provisions of this Act —

(a)

as a candidate, as an election agent and the principal election agent for that election; and

(b)

as appointed as an election agent and the principal election agent for that election and deemed so declared under subsection (3),and any reference in this Act to an election agent or the principal election agent is construed to refer to the candidate acting in his or her capacity as an election agent or the principal election agent (as the case may be) by virtue of this subsection.

Amended byAct 9 of 2023 wef 01/06/2023

(2C)

Where there is no appointment in force under subsection (2A) of the principal election agent for a candidate in an election, but there are appointments of 20 or fewer election agents under subsection (1) or (2) in force, the election agent determined in accordance with paragraph (a), (b) or (c) (whichever being applicable) must be treated as appointed as the principal election agent for that candidate in relation to that election and deemed declared under subsection (3) as the principal election agent:

(a)

where the appointments of those election agents are all declared under subsection (3) using an electronic system approved by the Returning Officer for the election — the election agent named in the declaration made earliest in time by the candidate;

(b)

where the appointments of those election agents are all declared under subsection (3) using the form approved by the Returning Officer for the election — the election agent whose name appears first on top in the vertical list of election agents so declared;

(c)

where the appointments of those election agents are declared under subsection (3) using a mix of an electronic system and the form approved by the Returning Officer for the election —

(i)

the election agent named in the first declaration made using the electronic system and before any other declaration using the approved form; or

(ii)

the election agent named in the declaration made using the approved form and before any other declaration using the electronic system or, if more than one election agent is named in such a declaration made using the approved form, the election agent whose name appears first on top in the vertical list of election agents so declared.

Amended byAct 9 of 2023 wef 01/06/2023

(3)

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 using an electronic system or a form approved by the Returning Officer for the election.

Amended byAct 9 of 2023 wef 01/06/2023

(3A)

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 or deemed declared.

Amended byAct 9 of 2023 wef 01/06/2023

(4)

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.

(5)

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.

(6)

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).

Amended byAct 9 of 2023 wef 01/06/2023