page_title: General elections in Singapore
section_title: Declaration that election is void
hierarchical_section_title: General elections in Singapore / Election procedure / Declaration that election is void
caption_attribution_description: English: The corner of the Supreme Court of Singapore at the junction of Parliament Lane and Supreme Court Lane.
context_page_description: General elections in Singapore must be held within three months after five years have elapsed from the date of the first sitting of a particular Parliament of Singapore. However, in most cases Parliament is dissolved and a general election called at the behest of the Prime Minister before the five-year period elapses. The number of constituencies or electoral divisions is not permanently fixed by law, but is declared by the Prime Minister prior to each general election pursuant to the Parliamentary Elections Act, which governs the conduct of elections to Parliament, taking into account recommendations of the Electoral Boundaries Review Committee. For the 2020 general election, there are 93 seats in Parliament organised into 14 Single Member Constituencies and 17 Group Representation Constituencies. Each SMC returns one Member of Parliament while each GRC returns between three and six MPs, at least one of whom must be from the Malay, Indian or other minority communities. A group of persons wishing to stand for election in a GRC must all be members of the same political party, or a group of independent candidates. The voting age in Singapore is 21 years.
context_section_description: A person claiming to have been a candidate at a general election or to have had a right to be elected, or a person who voted or had a right to vote at a general election, may apply to an election judge for a candidate's election to be declared void on any of the following grounds:
  The majority of voters was or might have been prevented from electing their preferred candidate due to a general occurrence of bribery, treating, intimidation or some other form of misconduct or circumstances.
  There was a failure to comply with the Parliamentary Elections Act and this affected the result of the election.
  A corrupt or illegal practice in connection with the election was committed by the candidate, or by an agent of the candidate with his knowledge or consent.
  The candidate personally hired someone as an election agent, canvasser or agent while aware that the person had been found guilty of a corrupt practice within the seven years before he was engaged.
  At the time the candidate was elected, he was disqualified from standing for election.
  The Chief Justice or a Supreme Court judge nominated by him acts as the election judge.
  The applicant for an election to be avoided may ask for a declaration that the election is void, that a particular candidate was wrongfully declared to have been elected, and/or that another candidate was duly elected. The applicant may also request for a scrutiny – that is, a re-examination of the ballot papers – if he or she alleges that an unsuccessful candidate had a majority of lawful votes. When a scrutiny is conducted, the election judge may order a vote to be struck off if the voter was not on the register of electors assigned to the polling station at which the vote was recorded or was not authorised to vote at the station; if the vote was obtained by bribery, treating or undue influence; if the voter committed or induced someone to commit the offence of personation; if the voter cast a vote at a general election in more than one electoral division; and if the vote was for a disqualified candidate and the disqualification was either a matter that the voter was aware of or was sufficiently publicised or widely known. During a scrutiny, a tendered vote that is shown to be valid will be added to the poll if any party to the proceedings asks for the vote to be added. On the other hand, a registered elector's vote will not be struck off at a scrutiny just because he was not qualified to be on the electoral register, and the returning officer's decision as to whether or not a ballot paper should be rejected may not be questioned.
  The election judge is empowered to exempt from being an illegal practice any particular act or omission by a candidate, his election agents or any other agent or person in paying a sum, incurring an expense or entering into a contract if it was done in good faith and was due to inadvertence, accidental miscalculation or the like. Similarly, the judge may make an order allowing an authorised excuse for a failure to file a proper return or declaration relating to election expenses if the candidate or his principal election agent shows that he acted in good faith and that there is a reasonable explanation for the shortcoming such as his inadvertence or illness, or the absence, death, illness or misconduct of some other agent, clerk or officer. In particular, the judge may relieve a candidate from the consequences of an act or omission by his principal election agent if he did not sanction or connive in it and took all reasonable means to prevent it.
  The election judge certifies his decision, which is final, to the President. The judge must also report to the President whether any corrupt or illegal practice was established to have been committed by or with the knowledge and consent of any candidate or his agent. If a judge intends to report a person who was neither a party to the proceedings nor a candidate claiming he should have been declared elected, that person must be given an opportunity to be heard and to give and call evidence to show why a report should not be made against 
caption: The Supreme Court of Singapore. The validity of a general election is determined by an election judge, who is the Chief Justice or a Supreme Court judge nominated by him.
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