Parliamentary Elections Act 1954

Parliamentary Elections Act 1954 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to make provision for Parliamentary elections. [12 November 1954] PART 1 PRELIMINARY Short title 1. This Act is the Parliamentary Elections Act 1954. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “access”, in relation to content, means to encounter, read, view, hear or otherwise experience the content, and includes — (a) access that is subject to a precondition, such as the use of a password; (b) access by way of push technology; (c) access by way of a standing request; and (d) access for a limited period of time only; [Act 8 of 2023 wef 14/06/2024] “ballot box” includes a ballot container; “ballot display” means an electronic video display, image or representation of a ballot paper on a screen; “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 — (a) on which content is printed, written, drawn or depicted in such a way as to be fully legible in windless conditions; and (b) 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; [Act 8 of 2023 wef 14/06/2024] “billboard” means any of the following: (a) 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; (b) a sign or panel which — (i) has an electronically controlled or a digitally controlled (or both) illuminated display surface; and (ii) allows for different content to be shown, changed, animated or illuminated in different ways and at different intervals on that sign or panel; (c) 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; (d) a blimp, a gas-inflated balloon or other like object which is attached or anchored to the ground and upon which information or material 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. [Act 8 of 2023 wef 14/06/2024] “by electronic means” means by using an electronic service; [Act 8 of 2023 wef 14/06/2024] “candidate” means a person who is nominated as a candidate for election to any seat in Parliament; “Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act 1965; “contact address”, in relation to any person, means the person’s contact address under section 10(2) of the National Registration Act 1965; “content” means information or material — (a) whether in the form of text; (b) whether in the form of speech, music or other sounds; (c) whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction); (d) whether in any other form; or (e) whether in any combination of forms; [Act 8 of 2023 wef 14/06/2024] “conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both; [Act 8 of 2023 wef 14/06/2024] “direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro‑optical machine that can — (a) be activated by a voter to mark or record his or her vote for any candidate or group of candidates on a ballot display on the machine; (b) process the vote by means of a computer program; (c) instantaneously record and store that vote in a memory device within the machine; and (d) sort and count votes marked or recorded on all ballot displays on that machine, and includes any computer program that is used in the operation of the machine; “direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines; “election” means an election for the purpose of electing a Member of Parliament; “election advertising” means any information or material that can reasonably be regarded as intended — (a) to promote or procure the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or (b) to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with any election, and such information or material is election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any political party or candidate; [Act 8 of 2023 wef 14/06/2024] “election advertising regulations” means regulations made under section 61R; [Act 8 of 2023 wef 14/06/2024] “election meeting” has the meaning given by section 80A(4); [Act 8 of 2023 wef 14/06/2024] “elector” means a person whose name is entered in a register as an elector to vote at an election; “electoral division” means an electoral division specified in the notification for the time being in force under section 8; “electronic service” means — (a) 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 (b) 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 61S(1)); [Act 8 of 2023 wef 14/06/2024] “end‑user”, in relation to an electronic service, means a person that, and whether or not in the course of business — (a) has access to content, or something which contains content, by means of the electronic service; or (b) communicates content, or something which contains content, by means of the electronic service; [Act 8 of 2023 wef 14/06/2024] “entity” means — (a) a body corporate (including a limited liability partnership); (b) an unincorporated association; (c) a partnership; (d) a body politic; (e) a body of individuals who together form a body; or (f) a person other than an individual; [Act 8 of 2023 wef 14/06/2024] “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 — (a) on which content is printed, written, drawn or depicted in such a way as to be normally not legible in windless conditions; and (b) 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; [Act 8 of 2023 wef 14/06/2024] “foreign entity” means an entity that — (a) is constituted or organised under a law of a foreign country, even if registered under any written law; or (b) has its principal place of business in a foreign country, even if incorporated under any written law; [Act 8 of 2023 wef 14/06/2024] “foreigner” means an individual who is not a citizen of Singapore; [Act 8 of 2023 wef 14/06/2024] “general election” means a general election of Members after a dissolution of Parliament; “grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land; [Act 8 of 2023 wef 14/06/2024] “group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency in accordance with section 27B; “group representation constituency” means any electoral division declared to be a group representation constituency under section 8A(1)(a); “Member” means a Member of Parliament; “non-online election advertising” means election advertising that is not online election advertising; [Act 8 of 2023 wef 14/06/2024] “nursing home” means any premises that are — (a) licensed as a private hospital under the Private Hospitals and Medical Clinics Act 1980; and (b) 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; [Act 8 of 2023 wef 14/06/2024] “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; [Act 8 of 2023 wef 14/06/2024] “online election advertising” means election advertising that is published in any way that renders the election advertising accessible from the Internet; [Act 8 of 2023 wef 14/06/2024] “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; [Act 8 of 2023 wef 14/06/2024] “ordinary polling station” means a polling station established in Singapore under section 36A(1); [Act 8 of 2023 wef 14/06/2024] “overseas elector” means an elector who is registered under this Act as an overseas elector; “overseas polling station” means such of the following premises situated outside Singapore as the Returning Officer may approve under section 36A(2) to be an overseas polling station: (a) an embassy, a High Commission, a diplomatic mission, a permanent mission or a consulate of Singapore (or any part of it) in a country or territory outside Singapore; (b) the official residence (or any part of it) of any person who is appointed to hold or act in any of the following offices in a country or territory outside Singapore: (i) an ambassador, a High Commissioner, a Consulate‑General or the head of a diplomatic mission or consulate; (ii) the Permanent Representative; (iii) such other senior diplomatic or consular office as the Minister may prescribe; “overseas registration centre” means an overseas registration centre established under section 10(4); “Parliament” means the Parliament of Singapore established by the Constitution; “political donation certificate” means a political donation certificate issued under section 63(3) of the Foreign Interference (Countermeasures) Act 2021 in respect of an election; [Act 28 of 2021 wef 29/12/2023] “political party” means a political party which is registered under the Societies Act 1966; “polling district” means a part of an electoral division subdivided under section 9; “polling station” means — (a) an ordinary polling station; (b) a special polling station; or (c) an overseas polling station; [Act 8 of 2023 wef 14/06/2024] “postal voting papers” means — (a) a ballot paper designed and intended to be used exclusively for the postal voting method (called in this Act a postal ballot paper); and (b) an envelope designed and intended to be used exclusively to contain a postal ballot paper (called in this Act a return envelope); [Act 8 of 2023 wef 14/06/2024] “postal voting period”, for an election in an electoral division, means the period — (a) starting the day immediately after the day of nomination at the election; and (b) ending (and including) the eve of polling day in Singapore at the election; [Act 8 of 2023 wef 14/06/2024] “poster” means any of the following: (a) 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; (b) 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; (c) any billboard, but not a placard carried during a procession; [Act 8 of 2023 wef 14/06/2024] “presidential election” means an election under the Presidential Elections Act 1991; “principal election agent” means an election agent of a candidate in a group who has been appointed under section 62(5) as the principal election agent for that group; “public authority” means any body corporate, board or authority established by or under any written law for the performance of any public function, but excludes any Town Council constituted under the Town Councils Act 1988; “public place” means — (a) 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 (b) 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; [Act 8 of 2023 wef 14/06/2024] “publicly display”, for any content, means to display, exhibit, screen or project the content — (a) in a public place in order that another person may see the content; (b) 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 (c) in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place; [Act 8 of 2023 wef 14/06/2024] “publish” means make available to the general public, or any section thereof, in whatever form and by whatever means, including broadcasting (by wireless telegraphy or otherwise) and transmitting on what is commonly known as the Internet; “register” or “register of electors” means the register of electors for any particular electoral division comprising sections, each of which shall relate to a polling district of that electoral division; “Registration Officer” and “Assistant Registration Officer” mean respectively the Registration Officer and an Assistant Registration Officer appointed under section 3; “Returning Officer” means the Returning Officer appointed under section 3; “Revising Officer” means a Revising Officer appointed under section 12; “special polling station” means a polling station established in Singapore under section 47A(1); [Act 8 of 2023 wef 14/06/2024] “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999; [Act 8 of 2023 wef 14/06/2024] “third party”, in relation to an election in an electoral division, means a person who is none of the following: (a) a candidate at the election; (b) a political party with one or more candidates at the election; (c) an election agent of a candidate at the election; [Act 8 of 2023 wef 14/06/2024] “traditional election advertising” means non-online election advertising in the form of a banner, flag or poster; [Act 8 of 2023 wef 14/06/2024] “voter” means a person who, whether his or her name does or does not appear in a register of electors, applies to vote or votes at an election. [6/2017] (2) For the purposes of this Act — (a) the reference to electoral success at any election is a reference — (i) in relation to any political party, to the return at the election of candidates or groups of candidates standing in the name of the party; and (ii) in relation to candidates or groups of candidates, to their return at the election; (b) the reference to the doing of anything mentioned in paragraph (a) or (b) of the definition of “election advertising” includes doing so by prejudicing the electoral prospects at the election of other political parties, candidates or groups of candidates or (as the case may be) by prejudicing the standing with the electorate of other political parties, candidates or groups of candidates; and (c) the reference to candidates or groups of candidates includes a reference to any person or group of persons (whether or not a member of any political party) who, on or after the date of the issue of a writ for the election is declared, by himself, herself or others, as seeking nomination as a candidate at that election. (3) Where any content is published by electronic means, the content is to be taken to be published in Singapore if — (a) 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 (b) the content originates in Singapore, even if none of the persons capable of having access to the content is physically present in Singapore. [Act 8 of 2023 wef 14/06/2024] (4) 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. [Act 8 of 2023 wef 14/06/2024] (5) Without limiting the definition of “content” in subsection (1) — (a) any content consisting of or including a hyperlink is taken to include the content accessed directly via the hyperlink; and (b) 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. [Act 8 of 2023 wef 14/06/2024] (6) Without limiting the definition of “publish” in subsection (1) — (a) 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; (b) 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 (c) 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. [Act 8 of 2023 wef 14/06/2024] (7) In this Act, any election advertising relates to an election in an electoral division if the election advertising contains an express or implicit reference to — (a) the election in the electoral division; (b) an individual who is a candidate at the election in the electoral division in his or her capacity as a candidate; (c) a political party, or the interests of a political party, with one or more candidates at the election in the electoral division; or (d) an issue submitted or otherwise before electors in the election. [Act 8 of 2023 wef 14/06/2024] (8) 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. [Act 8 of 2023 wef 14/06/2024] Appointment of officers 3.—(1) The Minister may appoint a Registration Officer, a Returning Officer and such number of Assistant Registration Officers as the Minister thinks fit. (2) An Assistant Registration Officer has all the powers and may perform all the duties of the Registration Officer. (3) Any reference in this Act to the Registration Officer is deemed, unless the context otherwise requires, to include a reference to an Assistant Registration Officer. (4) An appointment made by the Minister under this section may be revoked by the Minister at any time. Appointment of clerks and interpreters 4.—(1) The Registration Officer and the Returning Officer may appoint any number of clerks and interpreters that may be necessary for the purposes of this Act. (2) The appointments made under subsection (1) may be revoked at any time. Qualification of electors 5.—(1) Subject to sections 6 and 7, any person who on the prescribed date in any year — (a) is a citizen of Singapore; (b) is ordinarily resident in Singapore; and (c) is not less than 21 years of age, is entitled to have his or her name entered or retained in a register of electors in that year. (1A) For the purposes of subsection (1)(b), a person is deemed to be ordinarily resident in Singapore on the prescribed date in a year if the person keeps and maintains a contact address, even though the person is not resident in Singapore on that date. [Act 8 of 2023 wef 01/06/2023] (2) For the purposes of the preparation or revision of any register of electors a person who is a citizen of Singapore and to whom an identity card has been issued or deemed to have been issued on or before the prescribed date in any year under the provisions of the National Registration Act 1965 and has not been withdrawn is presumed, until the contrary is shown — (a) to be ordinarily resident in Singapore on the prescribed date in that year; (b) to be not less than 21 years of age on the prescribed date in that year, if from the particulars recorded in the register maintained by the Commissioner of National Registration he or she appears to be not less than that age on that date; and (c) to reside in the electoral division and polling district of the electoral division in which is situated the latest address shown on the prescribed date in the register maintained by the Commissioner of National Registration. (3) Despite subsection (2), the Registration Officer may, in preparing or revising any register of electors, omit from the register the name of any person where the Registration Officer has reason to believe that the latest address of the person shown on the prescribed date in the register maintained by the Commissioner of National Registration has ceased to exist or to be used as a place of residence or is an address situated outside Singapore. (4) For the purposes of subsections (1), (1A) and (2), the prescribed date is 1 July or such other date as the Minister may, by order in the Gazette, specify. (5) No order may be made under subsection (4) between the date of commencement of any preparation or revision of any register of electors for any year and the date of certification of that register under this Act (both dates inclusive). (6) For the purposes of this section, the contact address of the holder of an identity card is to be regarded as his or her latest address in the register maintained by the Commissioner of National Registration. Disqualification of electors 6.—(1) No person is entitled to have his or her name entered or retained in any register of electors if he or she — (a) has done any of the following: (i) acquired or applied to acquire by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore; (ii) voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him or her under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country; (iii) taken any oath or made any declaration or acknowledgment of allegiance, obedience or adherence to any foreign power or state; (iv) applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document; (b) is serving a sentence of imprisonment (by whatever name called) imposed by any court in or outside Singapore for an offence punishable with imprisonment for a term exceeding 12 months, or is under sentence of death imposed by any such court or is serving a sentence of imprisonment awarded in lieu of execution of any such sentence; (c) is under any written law found or declared to be of unsound mind; (d) is incapable of being registered by reason of his or her conviction of a corrupt or illegal practice under this Act or the Presidential Elections Act 1991 or by reason of the report of an Election Judge in accordance with the provisions of this Act or the Presidential Elections Act 1991 or by reason of his or her conviction under section 55 of this Act or section 37 of the Presidential Elections Act 1991; (e) is a serving member on full pay of any naval, military or air force not maintained out of moneys provided by Parliament unless he or she possesses a domicile in Singapore; (f) [Deleted by Act 14 of 2008] (g) is a person whose name has been expunged from the register under section 13(3) or 43(5) and whose name has not been restored to the register under section 43(8) or (8A), as the case may be; or (h) is a person whose name has been expunged from the register of electors under section 26(5) of the Presidential Elections Act 1991 and whose name has not been restored to the register under section 26(8) of that Act. (1A) Without affecting subsection (1), a person who is deemed to be ordinarily resident in Singapore under section 5(1A) is not entitled to have his or her name entered or retained in any register of electors if he or she is — (a) serving a sentence of imprisonment (by whatever name called) in any prison, jail or other place of detention outside Singapore; (b) accused of an offence against any written law punishable with imprisonment for a term exceeding 12 months and a warrant of arrest by a court in Singapore authorising his or her apprehension in relation to that offence remains in force; or (c) convicted by any court in Singapore of any offence punishable with imprisonment for a term exceeding 12 months and a warrant of arrest by a court in Singapore authorising his or her apprehension in relation to that offence remains in force. (2) For the purposes of subsection (1)(b), where the conviction is by a court of law outside Singapore, the person is not so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore. (3) For the purposes of subsection (1)(a)(ii), the exercise of a vote in — (a) any national, state or provincial election; or (b) any election for the local government of any metropolitan or urban area, in a country outside Singapore (but not an election under this Act or a presidential election) is deemed to be the voluntary claim and exercise of a right available under the law of that country. Plural voting 7.—(1) Subject to the provisions of this Act, a person is entitled to have his or her name entered in the register of one electoral division only. (2) Any person who votes as an elector — (a) in or in respect of an electoral division other than the electoral division in which he or she is registered as an elector; (b) more than once at any election in or in respect of the same electoral division in which he or she is registered as an elector; or (c) in or in respect of more than one electoral division at any general election, shall be guilty of an illegal practice. (3) The court before which a person is convicted under subsection (2) may, in its discretion in the circumstances of any particular case, mitigate or remit any penalty or incapacity which may be imposed in respect of the conviction under section 79. Electoral divisions 8.—(1) The Minister may, by notification in the Gazette, specify the names and boundaries of the electoral divisions of Singapore for purposes of elections under this Act. (1A) The boundaries required by subsection (1) to be specified may be defined — (a) by metres, bounds and coordinates or any other different definition of boundaries; or (b) by one or more maps or images containing such details and with such markings as are sufficient to delineate the boundaries of each electoral division. [Act 8 of 2023 wef 14/06/2024] (1B) Where one or more maps or images are published in the notification under subsection (1), the Registration Officer must — (a) prepare and certify further maps on a scale larger than the published map or maps; (b) make the further maps available for free inspection by any member of the public at a reasonable hour on any day, and for sale at a reasonable cost; and (c) publish in the same notification, a notice containing particulars of the website at which the maps or images of the electoral division may be accessed free of charge online, and the place at which the further maps or other images may be inspected, by the public. [Act 8 of 2023 wef 14/06/2024] (1C) A website is not accessible for the purposes of subsection (1B)(c) if — (a) access is subject to a precondition, such as the use of a password; (b) access is only by way of a request; or (c) access is for a limited period of time only. [Act 8 of 2023 wef 14/06/2024] (2) The number of electoral divisions of Singapore is the total number of the electoral divisions specified in the notification made under subsection (1). Group representation constituencies 8A.—(1) For the purposes of electing Members of Parliament on a group basis to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities under this Act, the President must, subject to this section, by order in the Gazette — (a) declare any electoral division, having regard to the number of electors in that division, to be a group representation constituency and designate that constituency as a constituency in which any election is to be held on the basis of a group of such number of candidates, being not less than 3 but not more than 6; and (b) designate every group representation constituency as — (i) a constituency where at least one of the candidates in every group is a person belonging to the Malay community; or (ii) a constituency where at least one of the candidates in every group is a person belonging to the Indian or other minority communities. (1A) At all times, there must be at least 8 electoral divisions which are not group representation constituencies. (2) The number of Members to be returned by all group representation constituencies must not be less than one-quarter of the total number of Members to be returned at a general election. (3) The number of group representation constituencies to be designated under subsection (1)(b)(i) must be three‑fifths of the total number of group representation constituencies; and where that number is not a whole number, it must be rounded to the next higher whole number. Polling districts 9.—(1) Whenever any electoral division of Singapore is altered or a new division is created, the Registration Officer must — (a) subdivide that division into polling districts; (b) assign to each such polling district a distinguishing letter or letters; (c) prepare or cause to be prepared maps or other images in such detail and with such markings as sufficient to delineate the polling districts into which that electoral division has been subdivided; and (d) publish in the Gazette a notice containing — (i) particulars of the website at which the maps or other images of the polling districts mentioned in paragraph (c) may be accessed online, and the place at which the maps or other images may be inspected, by the public; and (ii) the distinguishing letter or letters assigned to each such polling district. [41/2018] (2) The subdivision of an electoral division into polling districts may be altered by the Registration Officer as occasion may require; and upon any alteration being made the Registration Officer must take the steps mentioned in subsection (1)(c) and (d) for that electoral division. [41/2018] (3) Any alteration under subsection (1) comes into effect on the date of the publication of the notice under section 20(1) relating to the next certification of the register of electors for that electoral division, but the revision of the register before that certification must be made on the basis of that alteration.