§ 125 — Amendment of Presidential Elections Act 1991

125.—(1) Section 2(1) of the Presidential Elections Act 1991 is amended by inserting, immediately after the definition of “overseas polling station”, the following definition:“ “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;”.

(2) Section 9(4) of the Presidential Elections Act 1991 is amended by deleting paragraph (a) and substituting the following paragraph: “(a)

a political donation certificate issued to him or her in respect of that election;”.

(3) Section 11(1) of the Presidential Elections Act 1991 is amended by deleting the words “issued by the Registrar of Political Donations”.

(4) Section 42(1) of the Presidential Elections Act 1991 is amended —(a)

by deleting the word “or” at the end of paragraph (e), and by inserting immediately thereafter the following paragraph:“(ea)

being a candidate, knowingly makes the declaration required by section 55A falsely; or”; and

(b)

by deleting the words “paragraph (f)” in paragraph (v) and substituting the words “paragraph (ea) or (f)”.

(5) The Presidential Elections Act 1991 is amended by inserting, immediately after section 55, the following section:“Post‑election declaration by candidates

55A.—(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 —“arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten;

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

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

“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.”.

(6) Section 56 of the Presidential Elections Act 1991 is amended by deleting subsection (4) and substituting the following subsection:“(4) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.”.

(7) The Presidential Elections Act 1991 is amended by inserting, immediately after section 69, the following section:“Authorised excuse for non‑compliance with section 55A

69A.—(1) Where —(a)

any declaration which is required by section 55A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and

(b)

the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate,

the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just.

(2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act.

(3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that —(a)

any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and

(b)

the candidate took all reasonable means for preventing the act or omission,

the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent.

(5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.”.

(8) Section 77 of the Presidential Elections Act 1991 is amended —(a)

by inserting, immediately after paragraph (a) of subsection (3), the following paragraph:“(aa)

at any time before the end of 21 days after the date of the publication of the result of the election in the Gazette, as to the declaration required by section 55A from the candidate whose election is questioned;”;

(b)

by inserting, immediately after the words “respecting election expenses” in subsection (5), the words “or make and give the declaration required by section 55A”; and

(c)

by deleting the words “subsection (3)” in subsection (5) and substituting the words “subsection (3)(a) or the date of the publication of the results of the election in the Gazette mentioned in subsection (3)(aa), as the case may be”.

—(1) Section 2(1) of the Presidential Elections Act 1991 is amended by inserting, immediately after the definition of “overseas polling station”, the following definition:“ “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;”.

(2) Section 9(4) of the Presidential Elections Act 1991 is amended by deleting paragraph (a) and substituting the following paragraph: “(a)

a political donation certificate issued to him or her in respect of that election;”.

(3) Section 11(1) of the Presidential Elections Act 1991 is amended by deleting the words “issued by the Registrar of Political Donations”.

(4) Section 42(1) of the Presidential Elections Act 1991 is amended —(a)

by deleting the word “or” at the end of paragraph (e), and by inserting immediately thereafter the following paragraph:“(ea)

being a candidate, knowingly makes the declaration required by section 55A falsely; or”; and

(b)

by deleting the words “paragraph (f)” in paragraph (v) and substituting the words “paragraph (ea) or (f)”.

(5) The Presidential Elections Act 1991 is amended by inserting, immediately after section 55, the following section:“Post‑election declaration by candidates

55A.—(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 —“arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten;

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

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

“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.”.

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

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

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

“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.”.

(6) Section 56 of the Presidential Elections Act 1991 is amended by deleting subsection (4) and substituting the following subsection:“(4) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.”.

“(4) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.”.

(7) The Presidential Elections Act 1991 is amended by inserting, immediately after section 69, the following section:“Authorised excuse for non‑compliance with section 55A

69A.—(1) Where —(a)

any declaration which is required by section 55A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and

(b)

the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate,

the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just.

(2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act.

(3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that —(a)

any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and

(b)

the candidate took all reasonable means for preventing the act or omission,

the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent.

(5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.”.

—(1) Where —(a)

any declaration which is required by section 55A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and

(b)

the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate,

the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just.

(2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act.

(3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that —(a)

any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and

(b)

the candidate took all reasonable means for preventing the act or omission,

the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent.

(5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.”.

(8) Section 77 of the Presidential Elections Act 1991 is amended —(a)

by inserting, immediately after paragraph (a) of subsection (3), the following paragraph:“(aa)

at any time before the end of 21 days after the date of the publication of the result of the election in the Gazette, as to the declaration required by section 55A from the candidate whose election is questioned;”;

(b)

by inserting, immediately after the words “respecting election expenses” in subsection (5), the words “or make and give the declaration required by section 55A”; and

(c)

by deleting the words “subsection (3)” in subsection (5) and substituting the words “subsection (3)(a) or the date of the publication of the results of the election in the Gazette mentioned in subsection (3)(aa), as the case may be”.