Presidential Elections Act 1991

Presidential Elections Act 1991 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 the election of the President. [2 November 1992] PART 1 PRELIMINARY Short title 1. This Act is the Presidential Elections Act 1991. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “access”, in relation to any 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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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 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. [Act 9 of 2023 wef 01/06/2023] “by electronic means” means by using an electronic service; [Act 9 of 2023 wef 01/06/2023] “candidate” means a person who is nominated as a candidate for election to the office of President; “certificate of eligibility” means a certificate of eligibility issued under Division 2 of Part 2; “Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act 1965; “community” means — (a) the Chinese community; (b) the Malay community; or (c) the Indian or other minority communities; “community certificate” means a community certificate issued by the Community Committee under Division 3 of Part 2; “Community Committee” means the Community Committee established by section 8E; “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 9 of 2023 wef 01/06/2023] “conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both; [Act 9 of 2023 wef 01/06/2023] “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 on a ballot display on the machine; (b) process the vote by means of a computer program; (c) instantaneously record and store that vote within 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 the President; “election advertising” means any information or material that can reasonably be regarded as intended — (a) to promote or procure the electoral success of a candidate at an election; or (b) to otherwise enhance the standing of the candidate with the electorate in connection with that 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 the candidate; [Act 9 of 2023 wef 01/06/2023] “election advertising regulations” means regulations made under section 42Q; [Act 9 of 2023 wef 01/06/2023] “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; “Election Judge” has the meaning given by the Constitution; “election meeting” has the meaning given by section 62A(4); [Act 9 of 2023 wef 01/06/2023] “elector” means a person whose name is entered in the register as an elector; “electoral division” means an electoral division specified in a notification for the time being in force under section 8 of the Parliamentary Elections Act 1954; “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 42R(1)); [Act 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “foreigner” means an individual who is not a citizen of Singapore; [Act 9 of 2023 wef 01/06/2023] “grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land; [Act 9 of 2023 wef 01/06/2023] “non-online election advertising” means election advertising that is not online election advertising; [Act 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “online election advertising” means election advertising that is published in any way that renders the election advertising accessible from the Internet; [Act 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “ordinary polling station” means a polling station established in Singapore under section 18(1); [Act 9 of 2023 wef 01/06/2023] “overseas elector” means an elector who is registered under the Parliamentary Elections Act 1954 in any register of electors as an overseas elector; “overseas polling station” has the meaning given by the Parliamentary Elections Act 1954; “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] “polling district” means a part of an electoral division subdivided under section 9 of the Parliamentary Elections Act 1954; “polling station” means — (a) an ordinary polling station; (b) a special polling station; or (c) an overseas polling station; [Act 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “postal voting period”, for an election, 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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “Presidential Elections Committee” means the Presidential Elections Committee established under Article 18 of the Constitution; “principal election agent” means an election agent of a candidate who has been appointed under section 43(2A) or treated to have been appointed under section 43(2B) or (2C) as the principal election agent; [Act 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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 9 of 2023 wef 01/06/2023] “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; [Act 9 of 2023 wef 01/06/2023] “register” or “register of electors” means the register of electors for any particular electoral division maintained under the Parliamentary Elections Act 1954; “Registration Officer” means the Registration Officer appointed under section 3 of the Parliamentary Elections Act 1954 and includes any Assistant Registration Officer so appointed; “reserved election” means an election reserved under Article 19B(1) of the Constitution read with section 5A, but excludes an election which is an open election under section 5B; “Returning Officer” means the Returning Officer appointed under section 3; “special polling station” means a polling station established in Singapore under section 30A(1); [Act 9 of 2023 wef 01/06/2023] “Sub-Committee” means any of the following Sub‑Committees established by section 8E: (a) the Chinese Community Sub-Committee; (b) the Malay Community Sub-Committee; (c) the Indian and Other Minority Communities Sub‑Committee; “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999; [Act 9 of 2023 wef 01/06/2023] “tendered votes list” means the list referred to in section 29; “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; [Act 9 of 2023 wef 01/06/2023] “traditional election advertising” means non-online election advertising in the form of a banner, flag or poster; [Act 9 of 2023 wef 01/06/2023] “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 the electoral success of a candidate at an election is a reference to the return of the candidate at that election; (b) the reference to the doing of anything mentioned in paragraph (a) or (b) of the definition of “election advertising” in relation to a candidate includes a reference to the doing so by prejudicing the electoral prospects of any other candidate or by prejudicing the other candidate’s standing with the electorate; and (c) the reference to a candidate at an election includes a reference to a person who, on or after the date of the issue of a writ for that election, is declared (by himself, herself or others) as seeking nomination as a candidate at that election. [6/2017] (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 9 of 2023 wef 01/06/2023] (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 9 of 2023 wef 01/06/2023] (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 9 of 2023 wef 01/06/2023] (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 9 of 2023 wef 01/06/2023] (7) In this Act, any election advertising relates to an election if the election advertising contains an express or implicit reference to — (a) the election; (b) an individual who is a candidate at the election in his or her capacity as a candidate; or (c) an issue submitted or otherwise before electors in the election. [Act 9 of 2023 wef 01/06/2023] (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 9 of 2023 wef 01/06/2023] Appointment of Returning Officer and Assistant Returning Officers 3.—(1) The Minister may appoint a Returning Officer and any number of Assistant Returning Officers as the Minister thinks fit. (2) An Assistant Returning Officer has all the powers and may perform all the duties of the Returning Officer. (3) Any reference in this Act to the Returning Officer is deemed, unless the context otherwise requires, to include a reference to an Assistant Returning 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 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. Appointment of acting Returning Officer 5. If the Returning Officer is, by sickness or other cause, prevented or disabled from performing any of his or her duties under this Act and there is no time for any other person to be appointed by the Minister, the Returning Officer may appoint one of the Assistant Returning Officers to act for him or her.