Presidential Elections Act 1991 · 2020 Revised Edition · Part 3 · Offences and Corrupt and Illegal Practices
65. Persons prohibited from conducting election activity
Feedback & supportLast amended by an amending law of 2023. 2 amendments in all.
A person —
who is below 16 years of age;
against whom an order of supervision has been made under section 30(1)(b) of the Criminal Law (Temporary Provisions) Act 1955; or (c)who is a foreigner or foreign entity,(d)[Deleted by Act 9 of 2023 wef 01/06/2023]must not take part in any election activity.
[Deleted by Act 9 of 2023 wef 01/06/2023]
A person must not conduct any election activity unless the person is in possession of a written authority in the prescribed form signed by a candidate or any election agent of the candidate and issued on or after nomination day.
election
“election” means an election for the purpose of electing the President;
Every candidate and election agent must supply particulars in duplicate of all written authorities issued by them under subsection (2) to the Returning Officer, who must on receipt thereof forward a copy of those particulars to the Commissioner of Police.
candidate
“candidate” means a person who is nominated as a candidate for election to the office of President;
Any candidate or election agent must, if so required by the Commissioner of Police, immediately withdraw and deliver to the Returning Officer the written authority given by the candidate or election agent to any person who is stated by the Commissioner of Police to be a person in respect of whom an order of supervision has been made under section 30(1)(b) of the Criminal Law (Temporary Provisions) Act 1955.
election agent
“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;
Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
A candidate or election agent must not authorise any person to conduct an election activity, knowing or having reason to believe that the person is below 16 years of age or is a foreigner or a foreign entity or that an order of supervision has been made in respect of the person under section 30(1)(b) of the Criminal Law (Temporary Provisions) Act 1955.
Every offence under this section for contravening subsection (1) or (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010.
In this section, “election activity” includes any activity (other than clerical work wholly performed within enclosed premises) which is done for the purpose of —
promoting or procuring the electoral success at any election for any candidate; or
prejudicing the electoral prospects at the election of any other candidate.
However, “election activity” excludes a third party publishing, or causing to be published, any content in any way that renders the content accessible from the Internet, where all or part of the production of the content or its publication is not paid for, in money or money’s worth, by the third party or by another person who may or may not be a third party.
third party
“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;
Nothing in this section prohibits the taking part in or conduct of election activity by any prescribed individual, or individual in a prescribed class of individuals, or the carrying out by any prescribed person, or person in a prescribed class of persons, of such type of work as is prescribed, being work that is performed solely pursuant to a contract for service entered into with a person authorised to conduct election activity under this section.