Singapore legislation

Section 55A

of Presidential Elections Act 1991

Section 55A

Post-election declaration by candidates

Amended byAct 28 of 2021 wef 07/07/2022

(1)

Every candidate at an election must give to the Returning Officer a declaration that is in accordance with subsection (2), not later than the 7th day after the day that the result of the election is published under section 15(1)(b) or 34, as the case may be.

(2)

The declaration required by subsection (1) to be given by a candidate must be made by the candidate, be in the prescribed form, and further state that, to the best of the knowledge and belief of the candidate —

(a)

no foreigner has been authorised by the candidate or his or her election agent under section 65(2) to conduct any election activity for the purpose of procuring the electoral success at that election of the candidate; (b)the conduct of any election activity by the candidate or his or her election agent for the purpose of procuring the electoral success at that election of the candidate, was not undertaken by the candidate or election agent pursuant to any impermissible arrangement; and (c)the conduct of any election activity for the purpose of procuring the electoral success at that election of the candidate, was not authorised by the candidate or his or her election agent, pursuant to any impermissible arrangement.

(3)

For the purposes of this section, any declaration that is required by subsection (1) to be given to the Returning Officer must not be regarded as so given unless the declaration is actually received by the Returning Officer.

(4)

Where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate shall be guilty of an illegal practice; and the provisions of this subsection are in addition to and not in derogation of section 42.

(5)

In this section —

Amended byAct 28 of 2021 wef 07/07/2022

Definition

“arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten;

Definition

“foreign principal” has the meaning given by section 4 of the Foreign Interference (Countermeasures) Act 2021;

Definition

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

Definition

“impermissible arrangement”, in relation to a candidate or his or her election agent, means an arrangement —

(a)

to which the candidate or election agent is party; and (b)under which the candidate or election agent (as the case may be) is accustomed or under an obligation (whether formal or informal) to engage in conduct in accordance with the directions, instructions or wishes of a foreign principal or, where the foreign principal is a corporation, of the directors of the foreign principal.

Amended byAct 28 of 2021 wef 07/07/2022