page_title: Presidential elections in Singapore
section_title: Declaration that election is void
hierarchical_section_title: Presidential elections in Singapore / Election procedure / Declaration that election is void
caption_attribution_description: Supreme Court Building — Singapore. Taken by Terence Ong in March 2006.
context_page_description: Presidential elections in Singapore, in which the President of Singapore is directly elected by popular vote, were introduced through amendments to the Constitution of Singapore in 1991. Potential candidates for office must meet stringent qualifications set out in the Constitution. Certificates of eligibility are issued by the Presidential Elections Committee. In particular, the PEC must assess that they are persons of integrity, good character and reputation; and if they have not previously held certain key government appointments or were the chief executives of profitable companies with shareholders' equity of an average of S$500 million for the most recent three years in that office, they must demonstrate to the PEC that they held a position of comparable seniority and responsibility in the public or private sector that has given them experience and ability in administering and managing financial affairs.
  The general strictness of the qualifications has resulted in three out of the five presidential elections being walkovers, as presidents S. R.
context_section_description: A person claiming to have been a candidate at a presidential election or to have had a right to be elected, or a person who voted or had a right to vote at a presidential election, may apply to an election judge for a candidate's election as President 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 Presidential 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 or she 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 authorized 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; 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 publicized 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 or she 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 or her 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 authorized excuse for a failure to file a proper return or declaration relating to election expenses if the candidate or his or her principal election agent shows that he or she acted in good faith and that there is a reasonable explanation for the shortcoming such as 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 or her principal election agent if he or she did not sanction or connive in it and took all reasonable means to prevent it.
  The election judge certifies his or her decision, which is final, to the Prime Minister. The judge must also report to the Prime Minister whether any corrupt or illegal practice was established to have been committed by or with the knowledge and consent of any candidate or his or her agent. If a judge intends to report a person who was neither a party to the proceedings nor a candidate claiming he or she 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
caption: The Supreme Court of Singapore. The validity of a presidential election is determined by an election judge, who is the Chief Justice or a Supreme Court judge nominated by him.
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