Presidential Elections (Amendment) Bill

This Act is the Presidential Elections (Amendment) Act 2023 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2 of the Presidential Elections Act 1991 (called in this Act the principal Act) is amended —

by inserting, immediately before the definition of “ballot box” in subsection (1), the following definition:“ “access”, in relation to any content, means to encounter, read, view, hear or otherwise experience the content, and includes —

access that is subject to a precondition, such as the use of a password;

access by way of push technology;

access by way of a standing request; and

access for a limited period of time only;”;

by inserting, immediately after the definition of “ballot display” in subsection (1), the following definitions:“ “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 —

on which content is printed, written, drawn or depicted in such a way as to be fully legible in windless conditions; and

that is attached (by rope, wire or otherwise) to any building or structure or to any pole or flagstaff projecting vertically, horizontally or at an angle,but not a banner carried during a procession;“billboard” means any of the following:

a hoarding, signboard or free‑standing advertising structure on which content is printed, written, drawn, affixed or depicted in such a way as to be fully legible;

a sign or panel which —

has an electronically controlled or a digitally controlled (or both) illuminated display surface; and

allows for different content to be shown, changed, animated or illuminated in different ways and at different intervals on that sign or panel;

a wall, ceiling or other like substantially flat and fixed surface, on which content is painted, written, drawn or depicted in such a way as to be fully legible;

a blimp, a gas‑inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed,but not a poster, placard, picture, photograph or balloon carried during a procession;Examples (a) A sky sign on or above the roof, parapet or eaves of a building. (b) An animated billboard. (c) A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service.“by electronic means” means by using an electronic service;”;

by inserting, immediately after the definition of “Community Committee” in subsection (1), the following definitions:“ “content” means information or material —

whether in the form of text;

whether in the form of speech, music or other sounds;

whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction);

whether in any other form; or

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

by deleting the words “poster, banner, notice, circular, handbill, illustration, article, advertisement or other material” in the definition of “election advertising” in subsection (1) and substituting the words “information or material”;

by deleting the words “such material” in the definition of “election advertising” in subsection (1) and substituting the words “such information or material”;

by deleting the words “, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette” in the definition of “election advertising” in subsection (1);

by inserting, immediately after the definition of “election advertising” in subsection (1), the following definition:“ “election advertising regulations” means regulations made under section 42Q;”;

by inserting, immediately after the definition of “Election Judge” in subsection (1), the following definition:“ “election meeting” has the meaning given by section 62A(4);”; (i)by inserting, immediately after the definition of “electoral division” in subsection (1), the following definitions:“ “electronic service” means —

a service that allows end‑users of the service to access content using a broadcasting service or telecommunication service for carrying messages or other content (whether between persons and persons, things and things or persons and things); or

a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a),and includes a social media service (as defined in section 42R(1));“end‑user”, in relation to an electronic service, means a person that, and whether or not in the course of business —

has access to content or something which contains content, by means of the electronic service; or

communicates content, or something which contains content, by means of the electronic service;“entity” means —

a body corporate (including a limited liability partnership);

an unincorporated association;

a partnership;

a body politic;

a body of individuals who together form a body; or

a person other than an individual;“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 —

on which content is printed, written, drawn or depicted in such a way as to be normally not legible in windless conditions; and

that is attached (by rope, wire or otherwise) to a pole or flagstaff projecting vertically, horizontally or at an angle,and includes a flag, bunting, ribbon or streamer of any colour or colours but not a flag, bunting or streamer carried during a procession;“foreign entity” means an entity that —

is constituted or organised under a law of a foreign country, even if registered under any written law; or

has its principal place of business in a foreign country, even if incorporated under any written law;“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 —

licensed as a private hospital under the Private Hospitals and Medical Clinics Act 1980; and

used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity;“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);”;

by deleting the definition of “polling station” in subsection (1) and substituting the following definitions:“ “polling station” means —

an ordinary polling station;

a special polling station; or

an overseas polling station;“postal voting papers” means —

a ballot paper designed and intended to be used exclusively for the postal voting method (called in this Act a postal ballot paper); and

an envelope designed and intended to be used exclusively to contain a postal ballot paper (called in this Act a return envelope);“postal voting period”, for an election, means the period —

starting the day immediately after the day of nomination at the election; and

ending (and including) the eve of polling day in Singapore at the election;“poster” means any of the following:

any paper, plastic, corflute or other inflexible material on which content is printed, written, drawn or depicted in such a way as to be fully legible;

any text, any colours or visual images (animated or otherwise) or any pictorial or graphic form, which is projected on to any external surface of a building or structure by light or any other means;

any billboard,but not a placard carried during a procession;”; (k)by inserting, immediately after the words “section 43(2A)” in the definition of “principal election agent” in subsection (1), the words “or treated to have been appointed under section 43(2B) or (2C)”;

by inserting, immediately after the definition of “principal election agent” in subsection (1), the following definitions:“ “public place” means —

any place in Singapore (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or

a part of a place in Singapore that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public;“publicly display”, for any content, means to display, exhibit, screen or project the content —

in a public place in order that another person may see the content;

in or on a conveyance (whether mobile or stationary) used for public passenger transport and which is in a public place in order that another person may see the content; or

in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place;“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;”;

by inserting, immediately after the definition of “Returning Officer” in subsection (1), the following definition:“ “special polling station” means a polling station established in Singapore under section 30A(1);”;

by inserting, immediately after the definition of “Sub‑Committee” in subsection (1), the following definition:“ “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999;”;

by inserting, immediately after the definition of “tendered votes list” in subsection (1), the following definitions:“ “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;”; and

by inserting, immediately after subsection (2), the following subsections:“(3) Where any content is published by electronic means, the content is to be taken to be published in Singapore if —

any person physically present in Singapore accesses or is capable of having access to the content, even if the content originates wholly outside Singapore or is published by a person outside Singapore or the origin of which cannot be determined; or

the content originates in Singapore, even if none of the persons capable of having access to the content is physically present in Singapore.

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) —

any content consisting of or including a hyperlink is taken to include the content accessed directly via the hyperlink; and

any content consisting of or including an image or item on which data is stored electronically is taken to include content accessed directly by means of the image or item.

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

any non‑online election advertising, and any other election advertising that is not published by electronic means, is taken to be published in Singapore if it is left in such a position and in such circumstances as to indicate that it is intended to be available for collection by members of the public who are in a public place;

any content is taken to be published by electronic means by an end‑user of an electronic service if the end‑user causes the content to be accessible to, or forwards the content to, or shares the content with, any other end‑user or end‑users of the electronic service, on or by the electronic service; and

any content that was published before and by electronic means so as to be accessible from the Internet, is taken to be published again on each day that any subsequent step is taken on that day to amplify the access to the content from the Internet by persons physically present in Singapore.

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

the election; (b)an individual who is a candidate at the election in his or her capacity as a candidate; or

an issue submitted or otherwise before electors in the election.

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.”.

Section 8 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:“(3) 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 —

the Presidential Elections Committee is not required to consider the application; and

the application is deemed to be withdrawn.”.

Section 8A of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:“(3) 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.”.

Section 8G(2) of the principal Act is amended by deleting the words “and notify the declarant in writing of the acceptance”.

Section 8H(2) of the principal Act is amended by deleting the words “and notify the declarant in writing of the acceptance”.

Section 9(3) of the principal Act is amended by deleting the word “name” in paragraph (a) and substituting the words “full name (as stated in the identity card of the person)”.

Section 10 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:“(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.”.

Section 11 of the principal Act is amended by deleting subsection (4).

Section 12(2) of the principal Act is amended by deleting the words “to the Returning Officer” and substituting the words “in person to the Returning Officer, in the manner specified in subsection (3), at the place of nomination”.

Section 14 of the principal Act is amended —

Section 14(2) of the principal Act, as inserted by subsection (1)(c), is amended by deleting the words “under section 18(4) of the Political Donations Act 2000” in paragraph (a).

Section 16(5) of the principal Act is amended by inserting, immediately after the words “overseas polling station” in paragraph (ab), the words “and special polling station”.

Section 18 of the principal Act is amended —

by deleting paragraph (a) of subsection (1) and substituting the following paragraph:“(a)establish for the electoral division as many ordinary polling stations as are necessary for the poll —

within each polling district of the electoral division; and

in a polling district of another electoral division which has a common boundary with the firstmentioned electoral division, but only if the Returning Officer is satisfied that doing so is conducive to the voting convenience of a large number of electors of the electoral division who reside near that common boundary;”;

by inserting, immediately after the words “within each” in subsection (1)(b), the word “ordinary”;

by deleting the words “(including overseas electors) to the polling stations in the electoral division” in subsection (1)(c) and substituting the words “registered for the electoral division (including overseas electors) to the ordinary polling stations”;

by inserting, immediately after subsection (1), the following subsection:“(1A) A single ordinary polling station in a polling district of an electoral division may be established for the conduct of a poll in another electoral division only if the polling district has a common boundary with a polling district of the other electoral division.”; and

by inserting, immediately after subsection (4), the following subsection:“(5) Where an ordinary polling station or a special polling station is located in any grounds, the Returning Officer —

may designate —

an entrance to those grounds as a designated entrance to the polling station; and

the routes that electors have to use to access the polling places within the polling station and the polling booths or other facilities for voting in accordance with this Act, including paths, hallways and doorways; and

if a designation under paragraph (a)(i) is made, must indicate or cause to be indicated by a presiding officer the designated entrance to those grounds by displaying an official sign at that entrance.”.

Section 22 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) Subject to subsection (2) but without affecting section 52 (on plural voting), a person must not be admitted —

to an ordinary polling station to vote in person at an election unless the person is allotted under section 18(1)(c) to that ordinary polling station;

to an overseas polling station to vote in person at an election unless the person —

is registered as an overseas elector;

is not designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for that election; and

is allotted under section 13A(3A) of the Parliamentary Elections Act 1954 to that overseas polling station; or

to a special polling station to vote in person at an election unless the person is allotted under section 30B(1) to that special polling station.”;

by deleting subsection (2) and substituting the following subsection:“(2) Where an elector for any electoral division is employed as a presiding officer, police officer, or in any other official capacity at an ordinary polling station or a special polling station, and it is inconvenient for him or her to vote at the ordinary polling station which has been allotted to him or her, the Returning Officer may, by a certificate authorise the elector to vote at any other polling station and that other polling station is deemed, for the purposes of this section, to be the polling station allotted to that elector.”;

by deleting subsection (3A);

by deleting the words “, section 33C(3)(b), 36C or 36DA” in subsection (4) and substituting the words “or section 33C(3)(b)”;

by deleting the words “the polling agent or agents of each candidate” in subsection (5)(c) and substituting the words “the polling agents admitted to the polling station under this section”; and

by deleting subsection (6) and substituting the following subsection:“(6) The number of polling agents of each candidate that may be admitted to a polling station must not exceed the number calculated in the prescribed manner.”.

Section 22A of the principal Act is repealed.

Section 25 of the principal Act is amended —

by deleting the words “, name and description” in subsection (3)(b) and substituting the words “and name”; and

by deleting the words “who is incapacitated by blindness or other physical cause from voting” in subsection (7) and substituting the words “who, by reason of blindness or other physical disability, is unable to vote”.

Section 26 of the principal Act is amended by inserting, immediately after subsection (1), the following subsections:“(1A) An elector who is allotted to a special polling station under section 30B(1) for the purposes of the poll and who —

attends in person at a polling place in the special polling station to record his or her vote; or

has his or her vote taken by a mobile polling team, deployed at the special polling station,must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered.

An overseas elector —

who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the purposes of the poll in an election; and

who applies for postal voting papers to be issued to him or her during the postal voting period for that election,must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered.”.

The principal Act is amended by inserting, immediately after section 30, the following sections:“Special polling arrangements to meet voting needs of certain voters30A.—

The Returning Officer may, for the purposes of the poll in an election —

establish all or part of a nursing home as a special polling station; or

authorise all or any of the following special polling arrangements to be provided to service the voting needs of electors who are in‑patients or residents of the nursing home during the election period of the election by enabling them to record their votes there in that poll:

by establishing one or more polling places within the nursing home for those in‑patients or residents to attend in person to record their votes;

by deploying one or more mobile polling teams to visit those in‑patients or residents to take the votes of those in‑patients or residents, as the case may be.

In determining whether to establish a special polling station under subsection (1) in a nursing home for the purposes of the poll in an election, the Returning Officer must have regard to whether there is or is likely to be, during the election period of the election, a significant number of electors who are in‑patients or residents of the nursing home and who —

are unable or likely to be unable to travel to the ordinary polling stations allotted to them respectively under section 18(1) except with great difficulty; but(b)are able to vote at the nursing home by marking a ballot paper personally or in the manner allowed under section 25(7).

In addition, the Returning Officer must have regard to the following factors in determining whether to authorise special polling arrangements by way of mobile polling to be made available under subsection (1)(b)(ii):

the number of electors who are in‑patients or residents of the nursing home with any physical condition, serious illness or infirmity that will preclude the electors’ attendance in person at a polling place in the special polling station;

the practicality of establishing and deploying mobile polling teams to take the votes of those electors, having regard to their numbers and the resources required for doing so;

the existence of any peculiar circumstances within the nursing home applying to those electors and their voting needs.

Subject to subsection (5) and regulations made under section 30C, a poll and voting at a special polling station by electors who are in‑patients or residents of a nursing home where the special polling station is established must be conducted, as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day is conducted.

Despite sections 62, 63 and 64, the person in charge of a nursing home where a special polling station is established under subsection (1) may lawfully inform a presiding officer who is a member of a mobile polling team deployed at that special polling station that a visit to an in‑patient or a resident of the nursing home is forbidden on medical grounds, and the mobile polling team must then not visit the in‑patient or resident to take the in‑patient’s or resident’s vote.Voting at special polling station is in lieu of voting at ordinary voting station30B.—

Where a special polling station is determined to be established under section 30A(1) in a nursing home for the purposes of the poll in an election, the Returning Officer must, without delay, allot the special polling station to every person —

whose name is entered in the certified register of electors in operation;

who is entitled to have his or her name so entered or retained in that register of electors; and

who is an in‑patient or a resident of the nursing home during the election period of that election.

An elector who is allotted to a special polling station under subsection (1) may —

attend in person at a polling place in the special polling station to record his or her vote at an election, or have his or her vote taken by a mobile polling team; or

attend in person at the ordinary polling station allotted to him or her under section 18(1)(c) to record his or her vote at an election,but not at both in respect of the same election.Regulations relating to special polling arrangements30C.—

Subject to subsection (2) and section 81B, the Minister may make regulations to modify the application of any provision of this Act to the conduct of polls in any special polling station established in a nursing home, including but not limited to —

the preparation by or under the authority of the Returning Officer of the list of electors allotted to the special polling station;

the manner of voting at the special polling station and the taking of votes by mobile polling teams;

fixing the maximum number of polling agents who may be admitted to a special polling station;

the admission of any person who is employed by the nursing home (whether or not a citizen of Singapore) into any polling place in the special polling station or authorising the presence of such an employee in the special polling station, for the purpose of providing any assistance to the presiding officers, mobile polling team or any elector at the special polling station;

the procedure on the closing of the poll at the special polling station; and

the procedure on the counting of the votes cast at the special polling station, including the recounting of such votes.

Regulations made under subsection (1) —

must not authorise any person to vote more than once at an election;

must provide for a record of every vote cast at a special polling station, including votes taken by a mobile polling team, but the vote record must not contain any means of identifying the person who cast the vote; and

must be consistent with the principles laid down in any provision of this Act that is modified by those regulations.”.