Presidential elections in Singapore
Encyclopedia
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 have to fulfil stringent qualifications set out in the Constitution. Certificates of eligibility are issued by the Presidential Elections Committee (PEC). 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 acted as chairman of the board of directors or chief executive officer
of a company incorporated or registered under the with a paid-up capital of at least S$
100 million, 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 strictness of these qualifications led to the 1999
and 2005 elections being walkover
s as only one candidate, S.R. Nathan, received a certificate of eligibility from the PEC. The stringent criteria, the transparency of the PEC's decision-making process, and the practice of political parties endorsing candidates have drawn criticism.
The office of President falls vacant upon the expiry of the incumbent
's six-year term or if the President is for some reason unable to complete his term; for example, due to death, resignation, or removal from office for misconduct or mental or physical infirmity. If the office of President becomes vacant before the incumbent's term expires, a poll for an election must be held within six months. In other cases, an election can take place any time from three months before the expiry of the incumbent's term of office.
The procedure for elections is laid out in the . The process begins when the Prime Minister
issues a writ of election
to the returning officer
specifying the date and place of nomination day. Potential candidates must then obtain certificates of eligibility from the PEC, obtain political donation certificates from the Registrar of Political Donations stating that they have complied with the , and file their nomination papers with and pay a deposit to the returning officer on nomination day. If there is only one candidate nominated, he is declared to have been elected President. Otherwise, the returning officer issues a notice of contested election specifying when polling day will be.
During the election period, a candidate may not spend more than $600,000 or 30 cents for each person on the electoral register, whichever is greater. Permits must be obtained to hold election meetings and display posters and banners, and a number of acts are unlawful, including bribery
, dissuading electors from voting, making false statements about candidates, treating
and undue influence. Legal changes introduced in 2010 made the eve of polling day a "cooling-off day" – campaigning must not take place on that day and on polling day itself.
of Singapore
is the nation's head of state
. The President was originally indirectly elected
by Parliament
, and had a largely ceremonial role. The Elected President scheme was instituted in 1991 through a constitutional amendment, and transformed the office of President into one directly elected
by the people. The scheme conferred additional powers on the President
that enabled him to act as a safeguard or "second key" over Singapore's rich financial reserves built up by the Government
. Additionally, the President exercises a custodial role over the integrity of the public service with the power to veto public appointments and check against abuses of power by the government.
, and are as follows:
There is no restriction on the number of times a qualified person can be elected President.
The strict qualifications required of presidential candidates resulted in walkover
s during the elections of 1999 and 2005. The incumbent President Ong Teng Cheong
did not run for a second term at the 1999 presidential election
, saying that he had no compelling reason to do so. In addition to the eventual winner, Sellapan Ramanathan (better known as S.R. Nathan), the other potential candidates were Tan Soo Phuan, a member of the opposition Workers' Party of Singapore
; and Ooi Boon Ewe, a private tutor turned real estate executive. Both of them were found not to have met the criteria to stand for election. As a result, Nathan, a former civil servant and Ambassador to the United States, was deemed to have been elected President. At the presidential election of 2005, the persons who applied for a certificate of eligibility to contest the election were Nathan, Ooi and Ramachandran Govindasamy Naidu. However, as Nathan was again the only candidate issued with a certificate, he was elected by default on nomination day.
The strict requirements have been justified on the basis that the President should be a person of integrity and moral standing, with the ability to monitor the financial affairs of the state and the management of the public service sector. Prime Minister Lee Hsien Loong
has also argued that this stringent screening process is necessary as the President does not stand as a political party nominee. He is thus not subjected to the internal screening mechanism of the ruling People's Action Party
(PAP). However, the qualifying criteria have been criticized as elitist
and pro-establishment
in nature. The argument against allowing the electorate to elect as President a candidate of their choice without the need for candidates to meet detailed qualification criteria has also been said to be "unconvincing" and predicated on "the government's paternalistic
distrust of the electorate".
It has also been pointed out that the stringent criteria severely limit the pool of available candidates. In 2005, the Prime Minister's press secretary estimated that only 700 to 800 people potentially satisfied the criteria. This may be contrary to the principle of equality under the law as it "impairs the equal right of candidature". It also runs contrary to the principle of democracy which "demands that a broad selection of people should be able to stand for high public office". However, the press secretary wrote that the dignity of the office of the President and Singapore's reputation would be diminished by elections in which "manifestly unfit candidates participate, just for the sake of having one".
does not prevent political parties, the Government
, or non-governmental bodies with close government ties from endorsing candidates. The first presidential election in Singapore in 1993
pitted Ong Teng Cheong, a former PAP Member of Parliament
who had been Deputy Prime Minister and Chairman of the National Trades Union Congress
(NTUC), against the former Accountant-General, Chua Kim Yeow. Chua showed initial reluctance, accepting the nomination only as his "national duty", and even proclaiming Ong to be the far superior candidate. He also declined to campaign, saying he could not afford it. However, he did address the populace via two ten-minute broadcasts offered by state-owned television and radio stations. His appeal was based on preventing an over-concentration of powers – he asked Singaporeans whether they wanted the PAP to dominate the Presidency as well. In contrast, Ong put up $50,000 to $60,000 of his own money into the campaign. He was assisted by the NTUC which mobilized its 230,000 members to canvass at least five votes each for their former union boss. Ong was also backed by Prime Minister Goh Chok Tong
who appealed to Singaporeans to vote for him. On polling day, 28 August 1993, Ong received 952,513 votes (58.7%) and Chua 670,358 votes (41.3%) out of a total of 1,756,517 votes. Ong was thus declared the first Elected President of Singapore. Ironically, Ong himself said that his links to the PAP might have cost him a few percentage points in votes. Given the strong show of government support for Ong, commentators expressed the view that a strong victory for Ong also meant a victory for the PAP and the continuation of its values and style of governance. Although the votes for Ong fell short of the PAP's expected 60–70% range, the result was not seen as repudiation of the PAP, but as indicative of Singaporeans' appetite for stronger checks and balances.
At both the 1999 and 2005 presidential elections, S.R. Nathan was elected by default as the only eligible candidate on nomination day. While being a member of a minority community worked to his advantage, he was unanimously endorsed by the 1999 Cabinet
because of the merit of his overall qualities. Similarly, Nathan's decision to run for a second term in 2005 was accompanied by declarations of support from Government ministers and organizations like the NTUC.
The practice of the PAP endorsing a candidate has led to criticisms that this is improper as the Government is essentially "revealing who they would rather have as their supervisor". Ong, who received the PAP's endorsement during the 1991 elections, revealed in a later interview:
Furthermore, such endorsements can be said to undermine the principle that a candidate for President should not be beholden to any political formation, which is reflected in the requirement for a candidate not to be a member of any political party.
expires, or before this event if, among other things, the President dies, resigns, or is removed from office for misconduct or mental or physical infirmity. If the office of President falls vacant before the incumbent's term expires, a poll for an election is to be held within six months. In other cases, the election must take place not more than three months before the date of expiration of the incumbent's term of office. Article 17(2) of the Constitution provides that "[t]he President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature". The Presidential Elections Act lays out the election procedure in Singapore.
issues a writ
addressed to the returning officer
, who is responsible for overseeing the election. The writ of election
states when nomination day will be (which must not be less than five days nor more than a month after the date of the writ), and the place of nomination. The returning officer is required to notify the public that the writ of election has been issued and the day, time and place of nomination of candidates by publishing a notice in the Government Gazette at least four clear days before nomination day.
The PEC is tasked to ensure that a candidate fulfils the necessary qualifications set out in the Constitution. The Committee consists of the Chairman of the Public Service Commission (PSC), the Chairman of the Accounting and Corporate Regulatory Authority, and a member of the Presidential Council for Minority Rights
. The Chairman of the PSC chairs the committee. The PEC must be satisfied that the candidate "is a person of integrity, good character and reputation", and if the candidate indicates that he wishes to qualify on the basis that he has held office in an organization or department that has given him such experience and ability in administering and managing financial affairs as to enable him to effectively carry out the President's functions and duties, that he possesses the necessary experience and ability. To demonstrate his good character and reputation, the candidate must submit to the PEC three references from persons who are not his immediate relatives. If the candidate satisfies the PEC, the Committee must issue a COE no later than the day before nomination day.
The PEC's decision as to whether a candidate fulfils the two requirements mentioned above is final and not subject to appeal or judicial review
in any court. The PEC is not constitutionally required to provide any justification for its decision. In the absence of malice
, the Committee is immune from a defamation suit when it discharges its functions under the Presidential Elections Act.
The non-justiciable nature of the PEC's decisions has been criticized as contrary to the rule of law
as the PEC is not accountable to any external body and its operations are "less than transparent". If the PEC thinks fit, it may request that an applicant for a COE or his referees appear before the Committee before it makes its decision, and may ask an applicant to provide information. However, if the PEC takes neither of these steps, a candidate has no right to insist that the Committee hear submissions or consider information tendered by him.
One of the potential candidates during the 2005 presidential election was Andrew Kuan, then running his own executive search firm, Blue Arrow International
. He had been a grassroots leader in Pasir Ris
and a PAP member, as well as Chief Financial Officer
(CFO) of the Jurong Town Corporation
(JTC) and the Hyflux joint venture
. Kuan was thrust into the media limelight after announcing his bid. While Kuan was financially sound, reports reflecting a range of reactions towards his bid surfaced. Whereas some saw him as "conceited" and "arrogant", there were others who spoke of him warmly. This was followed by reports of him having been ousted from his position as chairman of his condominium's management committee in May 2001. Reports of Kuan's performance from his former employers also surfaced. JTC reported that Kuan had needed more "handholding" than was appropriate for a CFO and had been asked to resign thrice. Kwan asserted that his performance had been rated "good" for eight months and had received performance bonuses. Another former employer, Inderjit Singh
, a PAP Member of Parliament and founder of United Test & Assembly Centre, said Kuan's performance as a consultant had been unsatisfactory. Kuan lodged a defamation suit against Singh, but eventually withdrew it.
The PEC eventually denied Kuan a COE on the grounds that he lacked the requisite financial credentials and responsibility required by the Constitution. Kuan was not given an opportunity to be interviewed by the PEC despite the negative media reports, which were speculated to have contributed to the PEC's decision not to issue him a COE. The Prime Minister's press secretary said that public hearings would "politicise the decision" and therefore affect the independence of the PEC. It has been argued that since the PEC's decision not to issue a COE may cast aspersions on an applicant's character, the lack of a procedure for the candidate to respond to negative findings in a public setting is contrary to the principles of natural justice
. This is even more so given that the PEC is immune from defamatory actions.
In addition, it has been said that the independence of the PEC's decision-making process could be affected by political endorsements of a candidate expressed prior to the issuance of his COE.
After the date of the writ of election and at least two clear days before nomination day, a candidate or prospective candidate must provide the Registrar of Political Donations with a report stating all the donations received from permissible donors that amount to at least $10,000 received during the 12 months preceding the declaration mentioned in the next sentence. He must also submit to the Registrar a declaration stating, to the best of his knowledge and belief, that he did not receive any other donations required to be mentioned in the donation report, and that only donations from permissible donors or allowable anonymous donations were accepted. If this paperwork is in order, the Registrar will issue a political donation certificate not later than the eve of nomination day stating that the candidate has complied with the provisions of the Act.
, the deposit was $48,000. The deposit is returned if the person is not nominated as a candidate, withdraws his candidature, or is eventually elected. If the candidate is unsuccessful at the election, he is only repaid the deposit if he polled more than one-eighth of the total number of votes polled, not including rejected votes.
If on nomination day only one candidate stands nominated, he shall be declared elected to the office of President. This occurred at both the 1999 and 2005 elections, at which S.R. Nathan was deemed elected because he was the only candidate considered eligible by the PEC. The desirability of this state of affairs has been questioned on the basis that "[i]f an elected President is to have a mandate to protect the reserves and to veto proposed public appointments, it is desirable that he should receive a minimum percentage of votes cast by the electorate, as an endorsement of him". Allowing election by default arguably places the PEC's decision as to the eligibility of the candidates above the electorate's choice. One commentator has said that a true contest is needed to legitimize the institution of the Elected Presidency. On the other hand, it has been argued the fact that there is no contest for the Presidency does not affect the President's right or legitimacy to hold this office:
If on nomination day there are two or more candidates nominated for election, the returning officer must immediately adjourn the election so that a poll can be taken. He must also assign each candidate an approved symbol to be printed on the candidate's ballot paper, and announce by publishing a notice of contested election in the Government Gazette with information about the forthcoming poll, including the candidates' names and symbols, the date of polling day (which must be not earlier than the 10th day or later than the 56th day after the date of the notice), and the locations of polling stations.
The following acts are also prohibited:
A permit from the Commissioner of Police
is required if a candidate wishes to hold an election meeting between nomination day and the day before the eve of polling day. The display of banners and posters by candidates during the campaigning period must also be authorized by the returning officer, who may impose conditions as to the places where or objects or things on which, and the manner in which, banners or posters may or may not be displayed. The returning officer also determines the maximum number of banners and posters that may be put up, bearing in mind the number of electors and the need to treat candidates equally. Further authorization is required if a candidate wishes to display a banner or poster or its contents in some other medium, such as the Internet; a newspaper, magazine or periodical; or a television broadcast. Election banners and posters may not be displayed in such a way that they obscure the view of other banners and posters, or within 200 metres (656.2 ft) (or a shorter distance if so determined by the returning officer) of a polling station. Making inscriptions on buildings or roads is prohibited. It is an offence to display any banner or poster in breach of the law or the terms imposed by the returning officer; and to deface, destroy or remove any authorized banner or poster.
into a "cooling-off day" on which no campaigning would be permitted. Prime Minister
Lee Hsien Loong
justified the changes as enabling voters to think dispassionately about the candidates' stands on issues raised, and reducing the chance of public disorder. On the eve and on polling day itself, election advertising is prohibited, though the following activities remain unaffected:
Badges, favours
, flags, rosettes, symbols, sets of colours, advertisements, handbills, placards, posters and replica voting papers may not be carried, worn, used or displayed by any person or on any vehicle as political propaganda, although candidates may wear replicas of the symbols allotted to them for election purposes. In addition, holding election meetings and canvassing are not permitted on the day before polling day and polling day itself. Canvassing
involves trying to persuade a person to vote or not to vote in a particular way, or visiting a voter for an election-related purpose at home or at his or her workplace. It is also an offence to exercise undue influence on any person at or near a polling station, for instance, by trying to find out the identity of any person entering a polling station, recording voters' particulars, and waiting outside or loitering within 200 metres (656.2 ft) of polling stations.
Polling day is a public holiday, and voting is compulsory. Unless the returning officer decides otherwise, polling stations are open from 8:00 a.m. to 8:00 p.m. on polling day. To vote, voters must go to the polling stations assigned to them. Applying for a ballot paper or voting in the name of someone else amounts to the offence of personation
. If a person claiming to be a voter named in the electoral register turns up at a polling station after someone also claiming to be that voter has already voted, the second person is permitted to cast what is called a "tendered vote" using a ballot paper of a different colour after taking an oath to confirm his identity.
After the poll closes, the presiding officer of each polling station seals the ballot box
es without opening them. Candidates or their polling agent
s may also affix their own seals to the ballot boxes. The ballot boxes are then taken to counting centres to be opened and the ballots counted. A candidate or his counting agent
may ask the returning officer for a recount of votes if the difference between the number of votes for the candidate with the most votes and any other candidate's number of votes is 2% or less, excluding rejected and tendered votes. After all counts, and recounts if any, have been completed, the returning officer ascertains whether the total number of electors registered to vote overseas is less than the difference between the number of votes for the two candidates with the highest number of votes. If so, the returning officer declares the candidate with the highest number of votes to be elected as President. If not, the overseas votes may be decisive. The returning officer then states the number of votes cast for each candidate and the date and location where the overseas votes will be counted.
All officers, clerks, interpreters, candidates and candidates' agents at polling stations must maintain the secrecy of voting in stations. Before the poll is closed, they must not communicate to anyone the name of any elector who has not yet voted or his or her or identification number on the electoral register. They are prohibited from communicating information obtained during the counting of votes as to which candidate has been voted for in any particular ballot paper. Furthermore, no person is allowed to try and find out from within a polling station who a voter intends to vote for or has voted for, or to communicate with a voter after he has been given a ballot paper but before he has placed it in a ballot box.
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 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 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 authorized 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 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 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 him. However, where a candidate's agents are found to have been guilty of treating, undue influence or an illegal practice, but the candidate proves that the offences were committed contrary to his orders and without his or his election agents' sanction or connivance, that all reasonable means were taken to prevent corrupt and illegal practices at the election, that the offences were of a trivial and limited nature, and in other respects the election was free from corrupt or illegal practice, the election is not void.
Depending on whether the judge has determined that the election was valid or void, the election return is confirmed or altered. If the election is declared void, the Prime Minister is empowered to order that another election be held within six months of the determination.
Some information in the table above was obtained from .
President of Singapore
The President of the Republic of Singapore is Singapore's head of state. In a Westminster parliamentary system, as which Singapore governs itself, the prime minister is the head of the government while the position of president is largely ceremonial. Before 1993, the President of Singapore was...
of Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
is directly elected
Direct election
Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...
by popular vote, were introduced through amendments to the Constitution of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
in 1991. Potential candidates for office have to fulfil stringent qualifications set out in the Constitution. Certificates of eligibility are issued by the Presidential Elections Committee (PEC). 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 acted as chairman of the board of directors or chief executive officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of a company incorporated or registered under the with a paid-up capital of at least S$
Singapore dollar
The Singapore dollar or Dollar is the official currency of Singapore. It is normally abbreviated with the dollar sign $, or alternatively S$ to distinguish it from other dollar-denominated currencies...
100 million, they must demonstrate to the PEC that they held a position of comparable seniority and responsibility in the public
Public sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
or private sector
Private sector
In economics, the private sector is that part of the economy, sometimes referred to as the citizen sector, which is run by private individuals or groups, usually as a means of enterprise for profit, and is not controlled by the state...
that has given them experience and ability in administering and managing financial affairs. The strictness of these qualifications led to the 1999
Singaporean presidential election, 1999
The Singapore presidential election of 1999 was held to elect the President of Singapore to succeed the incumbent, Ong Teng Cheong, whose term was to end on August 31, 1999...
and 2005 elections being walkover
Walkover
In British English, a walkover or W.O. is the awarding of a victory to a contestant because there are no other contestants, or because the other contestants have been disqualified or have forfeited. The term can apply in sport, but can also apply to elections...
s as only one candidate, S.R. Nathan, received a certificate of eligibility from the PEC. The stringent criteria, the transparency of the PEC's decision-making process, and the practice of political parties endorsing candidates have drawn criticism.
The office of President falls vacant upon the expiry of the incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...
's six-year term or if the President is for some reason unable to complete his term; for example, due to death, resignation, or removal from office for misconduct or mental or physical infirmity. If the office of President becomes vacant before the incumbent's term expires, a poll for an election must be held within six months. In other cases, an election can take place any time from three months before the expiry of the incumbent's term of office.
The procedure for elections is laid out in the . The process begins when the Prime Minister
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
issues a writ of election
Writ of election
A writ of election is a writ issued by the government ordering the holding of a special election for a political office.In the United Kingdom and in Canada, this is the only way of holding an election for the House of Commons...
to the returning officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
specifying the date and place of nomination day. Potential candidates must then obtain certificates of eligibility from the PEC, obtain political donation certificates from the Registrar of Political Donations stating that they have complied with the , and file their nomination papers with and pay a deposit to the returning officer on nomination day. If there is only one candidate nominated, he is declared to have been elected President. Otherwise, the returning officer issues a notice of contested election specifying when polling day will be.
During the election period, a candidate may not spend more than $600,000 or 30 cents for each person on the electoral register, whichever is greater. Permits must be obtained to hold election meetings and display posters and banners, and a number of acts are unlawful, including bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, dissuading electors from voting, making false statements about candidates, treating
Treating
Treating, in law, is the act of serving food, drink, and other refreshments as a method of influencing people for political gain. In various countries, treating is considered a form of corruption, and is illegal as such....
and undue influence. Legal changes introduced in 2010 made the eve of polling day a "cooling-off day" – campaigning must not take place on that day and on polling day itself.
The Elected President scheme
The PresidentPresident of Singapore
The President of the Republic of Singapore is Singapore's head of state. In a Westminster parliamentary system, as which Singapore governs itself, the prime minister is the head of the government while the position of president is largely ceremonial. Before 1993, the President of Singapore was...
of Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
is the nation's head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
. The President was originally indirectly elected
Indirect election
Indirect election is a process in which voters in an election don't actually choose between candidates for an office but rather elect persons who will then make the choice. It is one of the oldest form of elections and is still used today for many upper houses and presidents...
by Parliament
Parliament of Singapore
The Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
, and had a largely ceremonial role. The Elected President scheme was instituted in 1991 through a constitutional amendment, and transformed the office of President into one directly elected
Direct election
Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...
by the people. The scheme conferred additional powers on the President
Powers of the President of Singapore
The powers of the President of Singapore are divided into those which the largely ceremonial President may exercise at his own discretion, and those he must exercise in accordance with the advice of the Cabinet of Singapore or of a Minister acting under the general authority of the Cabinet...
that enabled him to act as a safeguard or "second key" over Singapore's rich financial reserves built up by the Government
Government of Singapore
The Government of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore. Although the President acts in his personal discretion in the exercise of certain functions as a check...
. Additionally, the President exercises a custodial role over the integrity of the public service with the power to veto public appointments and check against abuses of power by the government.
Qualifications
The qualifications a person requires to be elected as President are set out in the Constitution of the Republic of SingaporeConstitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
, and are as follows:
- He must be a citizen of SingaporeSingaporean nationality lawSingaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli...
. - He must not be less than 45 years of age.
- His name must appear in a current register of electors.
- He must be resident in Singapore at the date of his nomination for election and must have been so resident for periods amounting in the aggregate to not less than 10 years prior to that date.
- He must not be subject to any of the disqualifications specified in Article 45 of the Constitution, which include matters such as being of unsound mind, being an undischarged bankrupt, holding an office of profitOffice of profitAn office of profit is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the...
, having a criminal record, and being a citizen of a foreign country. - He must satisfy the Presidential Elections Committee (PEC) that he is a person of integrity, good character and reputation.
- He must not be a member of any political party on the date of his nomination for election.
- He must have been one of the following for not less than three years:
- A Minister, Chief JusticeChief Justice of SingaporeThe Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
, Speaker of Parliament, Attorney-GeneralAttorney-General of SingaporeThe Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
, Chairman of the Public Service CommissionPublic Service Commission (Singapore)The Public Service Commission , Singapore , is constituted under Part IX of the Constitution of Singapore and its constitutional role is to appoint, confirm, promote, transfer, dismiss and exercise disciplinary control over public officers in Singapore.The PSC also retains two key...
, Auditor-General, Accountant-General or a Permanent Secretary. - Chairman or chief executive officerChief executive officerA chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of the Central Provident Fund Board, the Housing and Development Board, the Jurong Town Corporation or the Monetary Authority of SingaporeMonetary Authority of SingaporeThe Monetary Authority of Singapore is Singapore's central bank and financial regulatory authority...
; - Chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act with a paid-up capital of at least S$Singapore dollarThe Singapore dollar or Dollar is the official currency of Singapore. It is normally abbreviated with the dollar sign $, or alternatively S$ to distinguish it from other dollar-denominated currencies...
100 million or its equivalent in foreign currency. - In any other similar or comparable position of seniority and responsibility in any other organization or department of equivalent size or complexity in the publicPublic sectorThe public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
or private sectorPrivate sectorIn economics, the private sector is that part of the economy, sometimes referred to as the citizen sector, which is run by private individuals or groups, usually as a means of enterprise for profit, and is not controlled by the state...
which, in the PEC's opinion, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.
- A Minister, Chief Justice
There is no restriction on the number of times a qualified person can be elected President.
Strictness of qualifications
Walkover
In British English, a walkover or W.O. is the awarding of a victory to a contestant because there are no other contestants, or because the other contestants have been disqualified or have forfeited. The term can apply in sport, but can also apply to elections...
s during the elections of 1999 and 2005. The incumbent President Ong Teng Cheong
Ong Teng Cheong
Ong Teng Cheong was the first directly elected President of the Republic of Singapore. He was the nation's fifth President, and served a six-year term from 1 September 1993 to 31 August 1999.-Early life:...
did not run for a second term at the 1999 presidential election
Singaporean presidential election, 1999
The Singapore presidential election of 1999 was held to elect the President of Singapore to succeed the incumbent, Ong Teng Cheong, whose term was to end on August 31, 1999...
, saying that he had no compelling reason to do so. In addition to the eventual winner, Sellapan Ramanathan (better known as S.R. Nathan), the other potential candidates were Tan Soo Phuan, a member of the opposition Workers' Party of Singapore
Workers' Party of Singapore
The Workers' Party of Singapore is a centre-left opposition political party in Singapore. The party currently has six elected seats in Parliament, with the party's Secretary-General Low Thia Khiang, Chairman Sylvia Lim, Chen Show Mao, Muhamad Faisal Manap and Pritam Singh serving as Members of...
; and Ooi Boon Ewe, a private tutor turned real estate executive. Both of them were found not to have met the criteria to stand for election. As a result, Nathan, a former civil servant and Ambassador to the United States, was deemed to have been elected President. At the presidential election of 2005, the persons who applied for a certificate of eligibility to contest the election were Nathan, Ooi and Ramachandran Govindasamy Naidu. However, as Nathan was again the only candidate issued with a certificate, he was elected by default on nomination day.
The strict requirements have been justified on the basis that the President should be a person of integrity and moral standing, with the ability to monitor the financial affairs of the state and the management of the public service sector. Prime Minister Lee Hsien Loong
Lee Hsien Loong
Lee Hsien Loong is the third and current Prime Minister of Singapore. He is married to Ho Ching, who is the Executive Director and Chief Executive Officer of Temasek Holdings. He is the eldest son of Singapore's first Prime Minister Lee Kuan Yew....
has also argued that this stringent screening process is necessary as the President does not stand as a political party nominee. He is thus not subjected to the internal screening mechanism of the ruling People's Action Party
People's Action Party
The People's Action Party is the leading political party in Singapore. It has been the city-state's ruling political party since 1959....
(PAP). However, the qualifying criteria have been criticized as elitist
Elitism
Elitism is the belief or attitude that some individuals, who form an elite — a select group of people with intellect, wealth, specialized training or experience, or other distinctive attributes — are those whose views on a matter are to be taken the most seriously or carry the most...
and pro-establishment
The Establishment
The Establishment is a term used to refer to a visible dominant group or elite that holds power or authority in a nation. The term suggests a closed social group which selects its own members...
in nature. The argument against allowing the electorate to elect as President a candidate of their choice without the need for candidates to meet detailed qualification criteria has also been said to be "unconvincing" and predicated on "the government's paternalistic
Paternalism
Paternalism refers to attitudes or states of affairs that exemplify a traditional relationship between father and child. Two conditions of paternalism are usually identified: interference with liberty and a beneficent intention towards those whose liberty is interfered with...
distrust of the electorate".
It has also been pointed out that the stringent criteria severely limit the pool of available candidates. In 2005, the Prime Minister's press secretary estimated that only 700 to 800 people potentially satisfied the criteria. This may be contrary to the principle of equality under the law as it "impairs the equal right of candidature". It also runs contrary to the principle of democracy which "demands that a broad selection of people should be able to stand for high public office". However, the press secretary wrote that the dignity of the office of the President and Singapore's reputation would be diminished by elections in which "manifestly unfit candidates participate, just for the sake of having one".
Political endorsement
Singapore lawLaw of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
does not prevent political parties, the Government
Government of Singapore
The Government of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore. Although the President acts in his personal discretion in the exercise of certain functions as a check...
, or non-governmental bodies with close government ties from endorsing candidates. The first presidential election in Singapore in 1993
Singaporean presidential election, 1993
The Singapore presidential election of 1993 was the first presidential election held in Singapore. Polling day was August 28, 1993. Former Deputy Prime Minister Ong Teng Cheong became Singapore's first directly elected President...
pitted Ong Teng Cheong, a former PAP Member of Parliament
Members of the Singapore Parliament
The following is a historical list of members for the current and past ten Parliaments of Singapore:-See also:*1st Parliament of Singapore*2nd Parliament of Singapore*3rd Parliament of Singapore*4th Parliament of Singapore*5th Parliament of Singapore...
who had been Deputy Prime Minister and Chairman of the National Trades Union Congress
National Trades Union Congress
The National Trades Union Congress , also known as the Singapore National Trades Union Congress , is the sole national trade union centre in Singapore...
(NTUC), against the former Accountant-General, Chua Kim Yeow. Chua showed initial reluctance, accepting the nomination only as his "national duty", and even proclaiming Ong to be the far superior candidate. He also declined to campaign, saying he could not afford it. However, he did address the populace via two ten-minute broadcasts offered by state-owned television and radio stations. His appeal was based on preventing an over-concentration of powers – he asked Singaporeans whether they wanted the PAP to dominate the Presidency as well. In contrast, Ong put up $50,000 to $60,000 of his own money into the campaign. He was assisted by the NTUC which mobilized its 230,000 members to canvass at least five votes each for their former union boss. Ong was also backed by Prime Minister Goh Chok Tong
Goh Chok Tong
Goh Chok Tong is the Senior Minister of Singapore and the chairman of the central bank of Singapore, the Monetary Authority of Singapore. He also served as the second Prime Minister of the Republic of Singapore from 28 November 1990 to 12 August 2004, succeeding Lee Kuan Yew, the former Prime...
who appealed to Singaporeans to vote for him. On polling day, 28 August 1993, Ong received 952,513 votes (58.7%) and Chua 670,358 votes (41.3%) out of a total of 1,756,517 votes. Ong was thus declared the first Elected President of Singapore. Ironically, Ong himself said that his links to the PAP might have cost him a few percentage points in votes. Given the strong show of government support for Ong, commentators expressed the view that a strong victory for Ong also meant a victory for the PAP and the continuation of its values and style of governance. Although the votes for Ong fell short of the PAP's expected 60–70% range, the result was not seen as repudiation of the PAP, but as indicative of Singaporeans' appetite for stronger checks and balances.
At both the 1999 and 2005 presidential elections, S.R. Nathan was elected by default as the only eligible candidate on nomination day. While being a member of a minority community worked to his advantage, he was unanimously endorsed by the 1999 Cabinet
Cabinet of Singapore
The Cabinet of Singapore forms the Government of Singapore together with the President of Singapore. It is led by the Prime Minister of Singapore who is the head of government...
because of the merit of his overall qualities. Similarly, Nathan's decision to run for a second term in 2005 was accompanied by declarations of support from Government ministers and organizations like the NTUC.
The practice of the PAP endorsing a candidate has led to criticisms that this is improper as the Government is essentially "revealing who they would rather have as their supervisor". Ong, who received the PAP's endorsement during the 1991 elections, revealed in a later interview:
Furthermore, such endorsements can be said to undermine the principle that a candidate for President should not be beholden to any political formation, which is reflected in the requirement for a candidate not to be a member of any political party.
Election procedure
The President holds office for a term of six years from the date on which he assumes office. The office of President becomes vacant when the term of the incumbentIncumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...
expires, or before this event if, among other things, the President dies, resigns, or is removed from office for misconduct or mental or physical infirmity. If the office of President falls vacant before the incumbent's term expires, a poll for an election is to be held within six months. In other cases, the election must take place not more than three months before the date of expiration of the incumbent's term of office. Article 17(2) of the Constitution provides that "[t]he President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature". The Presidential Elections Act lays out the election procedure in Singapore.
Issuance of writ of election
To initiate the election process, the Prime MinisterPrime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
issues a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
addressed to the returning officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
, who is responsible for overseeing the election. The writ of election
Writ of election
A writ of election is a writ issued by the government ordering the holding of a special election for a political office.In the United Kingdom and in Canada, this is the only way of holding an election for the House of Commons...
states when nomination day will be (which must not be less than five days nor more than a month after the date of the writ), and the place of nomination. The returning officer is required to notify the public that the writ of election has been issued and the day, time and place of nomination of candidates by publishing a notice in the Government Gazette at least four clear days before nomination day.
Application for certificate of eligibility
A potential candidate for President must apply to the Presidential Elections Committee for a certificate of eligibility ("COE"). This can be done any time after the office of the President falls vacant before the end of the incumbent's term, or within three months before the expiry of the incumbent's term. The deadline for applications is three days after the date when the writ of election is issued.The PEC is tasked to ensure that a candidate fulfils the necessary qualifications set out in the Constitution. The Committee consists of the Chairman of the Public Service Commission (PSC), the Chairman of the Accounting and Corporate Regulatory Authority, and a member of the Presidential Council for Minority Rights
Presidential Council for Minority Rights
The Presidential Council for Minority Rights is a non-elected government body in Singapore established in 1970, the main function of which is to scrutinize most of the bills passed by Parliament to ensure that they do not discriminate against any racial or religious community...
. The Chairman of the PSC chairs the committee. The PEC must be satisfied that the candidate "is a person of integrity, good character and reputation", and if the candidate indicates that he wishes to qualify on the basis that he has held office in an organization or department that has given him such experience and ability in administering and managing financial affairs as to enable him to effectively carry out the President's functions and duties, that he possesses the necessary experience and ability. To demonstrate his good character and reputation, the candidate must submit to the PEC three references from persons who are not his immediate relatives. If the candidate satisfies the PEC, the Committee must issue a COE no later than the day before nomination day.
The PEC's decision as to whether a candidate fulfils the two requirements mentioned above is final and not subject to appeal or judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
in any court. The PEC is not constitutionally required to provide any justification for its decision. In the absence of malice
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
, the Committee is immune from a defamation suit when it discharges its functions under the Presidential Elections Act.
The non-justiciable nature of the PEC's decisions has been criticized as contrary to the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
as the PEC is not accountable to any external body and its operations are "less than transparent". If the PEC thinks fit, it may request that an applicant for a COE or his referees appear before the Committee before it makes its decision, and may ask an applicant to provide information. However, if the PEC takes neither of these steps, a candidate has no right to insist that the Committee hear submissions or consider information tendered by him.
One of the potential candidates during the 2005 presidential election was Andrew Kuan, then running his own executive search firm, Blue Arrow International
Blue Arrow
Blue Arrow Limited is a United Kingdom based employment and recruitment agency that places individual jobseekers in employment and provides businesses with temporary and/or permanent staff in the industrial sector, catering sector, driving sector, logistics sector and office sector.The head office...
. He had been a grassroots leader in Pasir Ris
Pasir Ris
Pasir Ris is primarily a residential area in Singapore comprising many high-rise residential dwelling blocks, mostly public housing built by the Housing and Development Board in Pasir Ris New Town. The town is located in the eastern part of Singapore....
and a PAP member, as well as Chief Financial Officer
Chief financial officer
The chief financial officer or Chief financial and operating officer is a corporate officer primarily responsible for managing the financial risks of the corporation. This officer is also responsible for financial planning and record-keeping, as well as financial reporting to higher management...
(CFO) of the Jurong Town Corporation
JTC Corporation
JTC Corporation , formerly the Jurong Town Corporation, is Singapore's principal developer and manager of industrial estates and their related facilities.-History:JTC was established on 1 June 1968 to develop industrial estates...
(JTC) and the Hyflux joint venture
Hyflux
Hyflux Ltd is a global environmental solutions company listed on the Singapore Stock Exchange , with a market capitalisation close to S$735.4 million , and employs over 1,200 staff in China, India, the Middle East and North Africa region as well as Singapore and Southeast Asia.The company was...
. Kuan was thrust into the media limelight after announcing his bid. While Kuan was financially sound, reports reflecting a range of reactions towards his bid surfaced. Whereas some saw him as "conceited" and "arrogant", there were others who spoke of him warmly. This was followed by reports of him having been ousted from his position as chairman of his condominium's management committee in May 2001. Reports of Kuan's performance from his former employers also surfaced. JTC reported that Kuan had needed more "handholding" than was appropriate for a CFO and had been asked to resign thrice. Kwan asserted that his performance had been rated "good" for eight months and had received performance bonuses. Another former employer, Inderjit Singh
Inderjit Singh (politician)
Inderjit Singh is an entrepreneur and politician in Singapore's parliament representing the Ang Mo Kio GRC.- Early life :Born in India, Singh attended Kaki Bukit Primary School in Singapore and then progressed to Broadrick Secondary School and Temasek Junior College...
, a PAP Member of Parliament and founder of United Test & Assembly Centre, said Kuan's performance as a consultant had been unsatisfactory. Kuan lodged a defamation suit against Singh, but eventually withdrew it.
The PEC eventually denied Kuan a COE on the grounds that he lacked the requisite financial credentials and responsibility required by the Constitution. Kuan was not given an opportunity to be interviewed by the PEC despite the negative media reports, which were speculated to have contributed to the PEC's decision not to issue him a COE. The Prime Minister's press secretary said that public hearings would "politicise the decision" and therefore affect the independence of the PEC. It has been argued that since the PEC's decision not to issue a COE may cast aspersions on an applicant's character, the lack of a procedure for the candidate to respond to negative findings in a public setting is contrary to the principles of natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
. This is even more so given that the PEC is immune from defamatory actions.
In addition, it has been said that the independence of the PEC's decision-making process could be affected by political endorsements of a candidate expressed prior to the issuance of his COE.
Political donations
Under the Political Donations Act, candidates for presidential elections may only receive political donations from Singapore citizens who are at least 21 years old, or Singapore-controlled companies which carry on business wholly or mainly in Singapore. The receipt of anonymous donations is prohibited, except for anonymous donations totalling less than $5,000 received during a period starting with the date 12 months before the date when the candidate makes the declaration referred to below and ending with nomination day.After the date of the writ of election and at least two clear days before nomination day, a candidate or prospective candidate must provide the Registrar of Political Donations with a report stating all the donations received from permissible donors that amount to at least $10,000 received during the 12 months preceding the declaration mentioned in the next sentence. He must also submit to the Registrar a declaration stating, to the best of his knowledge and belief, that he did not receive any other donations required to be mentioned in the donation report, and that only donations from permissible donors or allowable anonymous donations were accepted. If this paperwork is in order, the Registrar will issue a political donation certificate not later than the eve of nomination day stating that the candidate has complied with the provisions of the Act.
Nomination
A person who has received a certificate of eligibility is entitled to be nominated as a presidential candidate. He must submit a nomination paper to the returning officer between 11:00 a.m. and 12:00 noon on nomination day, together with a political donation certificate. In addition, at some time between the date of the writ of election and 12:00 noon on nomination day, he or someone on his behalf must hand to the returning officer a deposit amounting to three times of 8% of the total allowances payable to an MP in the preceding calendar year, rounded to the nearest $500. At the 2011 presidential electionSingaporean presidential election, 2011
The Singapore presidential election of 2011 was the fourth Singapore Presidential Election, held on 27 August 2011. Nomination day for eligible candidates was held on 17 August 2011. Mr. S.R. Nathan, the previous President of Singapore, stepped down on 31 August 2011 when his term drew to a close...
, the deposit was $48,000. The deposit is returned if the person is not nominated as a candidate, withdraws his candidature, or is eventually elected. If the candidate is unsuccessful at the election, he is only repaid the deposit if he polled more than one-eighth of the total number of votes polled, not including rejected votes.
If on nomination day only one candidate stands nominated, he shall be declared elected to the office of President. This occurred at both the 1999 and 2005 elections, at which S.R. Nathan was deemed elected because he was the only candidate considered eligible by the PEC. The desirability of this state of affairs has been questioned on the basis that "[i]f an elected President is to have a mandate to protect the reserves and to veto proposed public appointments, it is desirable that he should receive a minimum percentage of votes cast by the electorate, as an endorsement of him". Allowing election by default arguably places the PEC's decision as to the eligibility of the candidates above the electorate's choice. One commentator has said that a true contest is needed to legitimize the institution of the Elected Presidency. On the other hand, it has been argued the fact that there is no contest for the Presidency does not affect the President's right or legitimacy to hold this office:
If on nomination day there are two or more candidates nominated for election, the returning officer must immediately adjourn the election so that a poll can be taken. He must also assign each candidate an approved symbol to be printed on the candidate's ballot paper, and announce by publishing a notice of contested election in the Government Gazette with information about the forthcoming poll, including the candidates' names and symbols, the date of polling day (which must be not earlier than the 10th day or later than the 56th day after the date of the notice), and the locations of polling stations.
Campaigning
During the election period, a candidate is not permitted to spend more than $600,000 or 30 cents for each person on the electoral register, whichever is the greater amount. It amounts to an illegal practice to pay to transport voters to or from the poll; or to pay a voter for the use of premises to display a notice, unless the voter is an advertising agent or the transaction is carried out in the ordinary course of business. It is also an illegal practice for a person to borrow or lend, hire or rent out, or use any motor vehicle to convey voters other than himself and his family members to or from the poll. Committing an illegal practice is a criminal offence, the penalty for which is a fine of up to $2,000 and disqualification for three years from being a voter or a candidate for Parliament or the office of President.The following acts are also prohibited:
- Bribery. Doing any one of a number of acts to induce a person to vote or refrain from voting or to reward him for having done so, such as giving or lending money; and giving or procuring an office or employment, amounts to briberyBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
. It is also bribery for a person to procure or promise to procure that a voter exercise his vote in a certain way or that a candidate be elected as President in return for some inducement; to give money to someone else, knowing that he will use the money for bribery at an election; to accept an inducement for voting or not voting or agreeing to do so; and to induce a person to consent to being nominated as a candidate, or refrain or withdraw from being a candidate in return for some inducement. The penalty is a fine of up to $5,000 or imprisonment not exceeding three years or both; and disqualification from being registered as a voter, voting at any election, or being elected to Parliament or the office of President for seven years. - Dissuasion from voting. Dissuading or attempting to dissuade a person from voting verbally or in writing between nomination day and polling day is a criminal offence punishable with a fine of up to $2,000 or up to 12 months' jail or both.
- False statements. Offenders who make or publish false statements of fact regarding the personal character or conduct of a candidate, or false statements about a candidate's withdrawal from the election, are liable on conviction to a fine or jail of up to 12 months or both, and to the disqualifications referred to above.
- Treating. TreatingTreatingTreating, in law, is the act of serving food, drink, and other refreshments as a method of influencing people for political gain. In various countries, treating is considered a form of corruption, and is illegal as such....
is the act of corruptly giving or providing, or paying in whole or part for, any food, drink, refreshment, cigarette, entertainment or other thing, or any money or ticket or other means to enable such things to be obtained, in order to corruptly influence a person to vote or refrain from voting, or to induce the person to attend an election meeting, or to reward him for having done so. The penalty is a fine of up to $5,000 or imprisonment not exceeding three years or both, and the disqualifications referred to above. - Undue influence. When a person makes use of or threatens to make use of force, violence or restraint, or inflicts or threatens to inflict temporal or spiritual injury, damage, harm or loss on a person to induce him to vote or refrain from voting, or to punish him for having done so; or uses abduction, duress or some fraudulent scheme to impede or prevent a person's free exercise of his vote, or to compel or induce him to vote or refrain from voting, this amounts to the offence of undue influence. The penalty is a fine of up to $5,000 or imprisonment not exceeding three years or both, and the disqualifications referred to above.
A permit from the Commissioner of Police
Commissioner of Police (Singapore)
The Commissioner of Police is the top-ranking police officer of the Singapore Police Force. Assisted by the Deputy Commissioner of Police, he reports to the Minister for Home Affairs....
is required if a candidate wishes to hold an election meeting between nomination day and the day before the eve of polling day. The display of banners and posters by candidates during the campaigning period must also be authorized by the returning officer, who may impose conditions as to the places where or objects or things on which, and the manner in which, banners or posters may or may not be displayed. The returning officer also determines the maximum number of banners and posters that may be put up, bearing in mind the number of electors and the need to treat candidates equally. Further authorization is required if a candidate wishes to display a banner or poster or its contents in some other medium, such as the Internet; a newspaper, magazine or periodical; or a television broadcast. Election banners and posters may not be displayed in such a way that they obscure the view of other banners and posters, or within 200 metres (656.2 ft) (or a shorter distance if so determined by the returning officer) of a polling station. Making inscriptions on buildings or roads is prohibited. It is an offence to display any banner or poster in breach of the law or the terms imposed by the returning officer; and to deface, destroy or remove any authorized banner or poster.
Eve of polling day and polling day
In 2010, legal changes were introduced to turn the eve of polling day for both presidential and parliamentary electionsParliamentary elections in Singapore
Parliamentary 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...
into a "cooling-off day" on which no campaigning would be permitted. Prime Minister
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
Lee Hsien Loong
Lee Hsien Loong
Lee Hsien Loong is the third and current Prime Minister of Singapore. He is married to Ho Ching, who is the Executive Director and Chief Executive Officer of Temasek Holdings. He is the eldest son of Singapore's first Prime Minister Lee Kuan Yew....
justified the changes as enabling voters to think dispassionately about the candidates' stands on issues raised, and reducing the chance of public disorder. On the eve and on polling day itself, election advertising is prohibited, though the following activities remain unaffected:
- distributing a book or promoting the sale of a book for not less than its commercial value if the book was planned to be published regardless of whether there was to be an election;
- publishing news relating to an election in an licensed newspaper in any medium or in a licensed radio or television broadcast;
- conveying one's own political views on a non-commercial basis to another individual by telephonic or electronic transmission;
- election advertising lawfully published or displayed before the start of the eve of polling day on the Internet which is not changed after its publication or display; and
- the continued lawful display of posters and banners already displayed before the start of the eve of polling day.
Badges, favours
Party favor
A party favor or party favour is a small gift given to the guests at a party as a gesture of thanks for their attendance, a memento of the occasion, or simply as an aid to frivolity.- Occasions :...
, flags, rosettes, symbols, sets of colours, advertisements, handbills, placards, posters and replica voting papers may not be carried, worn, used or displayed by any person or on any vehicle as political propaganda, although candidates may wear replicas of the symbols allotted to them for election purposes. In addition, holding election meetings and canvassing are not permitted on the day before polling day and polling day itself. Canvassing
Canvassing
Canvassing is the systematic initiation of direct contact with a target group of individuals commonly used during political campaigns. A campaign team will knock on doors of private residences within a particular geographic area, engaging in face-to-face personal interaction with voters...
involves trying to persuade a person to vote or not to vote in a particular way, or visiting a voter for an election-related purpose at home or at his or her workplace. It is also an offence to exercise undue influence on any person at or near a polling station, for instance, by trying to find out the identity of any person entering a polling station, recording voters' particulars, and waiting outside or loitering within 200 metres (656.2 ft) of polling stations.
Polling day is a public holiday, and voting is compulsory. Unless the returning officer decides otherwise, polling stations are open from 8:00 a.m. to 8:00 p.m. on polling day. To vote, voters must go to the polling stations assigned to them. Applying for a ballot paper or voting in the name of someone else amounts to the offence of personation
Personation
Personation is a term used in law for the specific kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector....
. If a person claiming to be a voter named in the electoral register turns up at a polling station after someone also claiming to be that voter has already voted, the second person is permitted to cast what is called a "tendered vote" using a ballot paper of a different colour after taking an oath to confirm his identity.
After the poll closes, the presiding officer of each polling station seals the ballot box
Ballot box
A ballot box is a temporarily sealed container, usually square box though sometimes a tamper resistant bag, with a narrow slot in the top sufficient to accept a ballot paper in an election but which prevents anyone from accessing the votes cast until the close of the voting period...
es without opening them. Candidates or their polling agent
Polling agent
In elections in the United Kingdom, a polling agent is someone appointed by either the election agent of a candidate standing for election, or where there is no election agent the candidate personally, to oversee polling at the election count....
s may also affix their own seals to the ballot boxes. The ballot boxes are then taken to counting centres to be opened and the ballots counted. A candidate or his counting agent
Counting agent
A counting agent is appointed by either the candidate standing for election or the candidate's election agent to oversee the counting at the election count.Counting agents are only seen as part of elections in the United Kingdom and the British Commonwealth...
may ask the returning officer for a recount of votes if the difference between the number of votes for the candidate with the most votes and any other candidate's number of votes is 2% or less, excluding rejected and tendered votes. After all counts, and recounts if any, have been completed, the returning officer ascertains whether the total number of electors registered to vote overseas is less than the difference between the number of votes for the two candidates with the highest number of votes. If so, the returning officer declares the candidate with the highest number of votes to be elected as President. If not, the overseas votes may be decisive. The returning officer then states the number of votes cast for each candidate and the date and location where the overseas votes will be counted.
All officers, clerks, interpreters, candidates and candidates' agents at polling stations must maintain the secrecy of voting in stations. Before the poll is closed, they must not communicate to anyone the name of any elector who has not yet voted or his or her or identification number on the electoral register. They are prohibited from communicating information obtained during the counting of votes as to which candidate has been voted for in any particular ballot paper. Furthermore, no person is allowed to try and find out from within a polling station who a voter intends to vote for or has voted for, or to communicate with a voter after he has been given a ballot paper but before he has placed it in a ballot box.
Declaration that election is void
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 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
Declaration (law)
In law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually...
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
Scrutiny
Scrutiny...
– that is, a re-examination of the ballot papers – if he 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
Personation
Personation is a term used in law for the specific kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector....
; 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 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
Good faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
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 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 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 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 him. However, where a candidate's agents are found to have been guilty of treating, undue influence or an illegal practice, but the candidate proves that the offences were committed contrary to his orders and without his or his election agents' sanction or connivance, that all reasonable means were taken to prevent corrupt and illegal practices at the election, that the offences were of a trivial and limited nature, and in other respects the election was free from corrupt or illegal practice, the election is not void.
Depending on whether the judge has determined that the election was valid or void, the election return is confirmed or altered. If the election is declared void, the Prime Minister is empowered to order that another election be held within six months of the determination.
Election results
| Year | Potential candidates who applied for certificates of eligibility | Eligible candidate(s) | Nomination day | Polling day | Votes polled (% of valid votes) |
Candidate elected President |
|---|---|---|---|---|---|---|
| 1993 Singaporean presidential election, 1993 The Singapore presidential election of 1993 was the first presidential election held in Singapore. Polling day was August 28, 1993. Former Deputy Prime Minister Ong Teng Cheong became Singapore's first directly elected President... |
Chua Kim Yeow J.B. Jeyaretnam Joshua Benjamin Jeyaretnam Joshua Benjamin Jeyaretnam was a politician and lawyer from Singapore. He was the leader of the Workers' Party from 1971 to 2001... Ong Teng Cheong Tan Soo Phuan |
Chua Kim Yeow | 18 August 1993 | 28 August 1993 | 670,358 (41.31%) | Ong Teng Cheong |
| Ong Teng Cheong | 952,513 (58.69%) | |||||
| 1999 Singaporean presidential election, 1999 The Singapore presidential election of 1999 was held to elect the President of Singapore to succeed the incumbent, Ong Teng Cheong, whose term was to end on August 31, 1999... |
S.R. Nathan Ooi Boon Ewe Tan Soo Phuan |
S.R. Nathan | 18 August 1999 | uncontested | S.R. Nathan | |
| 2005 | Andrew Kuan S.R. Nathan Ooi Boon Ewe Ramachandran Govindasamy Naidu |
S.R. Nathan | 17 August 2005 | uncontested | S.R. Nathan | |
| 2011 Singaporean presidential election, 2011 The Singapore presidential election of 2011 was the fourth Singapore Presidential Election, held on 27 August 2011. Nomination day for eligible candidates was held on 17 August 2011. Mr. S.R. Nathan, the previous President of Singapore, stepped down on 31 August 2011 when his term drew to a close... |
Andrew Kuan Ooi Boon Ewe Tan Cheng Bock Tan Cheng Bock Tan Cheng Bock is a politician and physician from Singapore. Tan was a People's Action Party Member of Parliament in Singapore politics for 26 years and the first non cabinet minister elected into the People's Action Party Central Executive Committee .-Early life:Tan was educated at Radin Mas... Tan Jee Say Tan Jee Say Tan Jee Say is a Singaporean investment adviser, politician and former civil servant. He was a principal private secretary to former Prime Minister Goh Chok Tong and contested the 2011 general election under the opposition Singapore Democratic Party , but failed to win a seat... Tan Kin Lian Tan Kin Lian Tan Kin Lian is the former CEO of NTUC Income. Since stepping down as CEO in April 2007, his activities have included organising public rallies for people who lost their money due to investing in Lehman Brothers' Minibond products to seek redress, and setting up FISCA, an organisation to teach... Tony Tan Keng Yam |
Tan Cheng Bock | 17 August 2011 | 27 August 2011 | 738,311 (34.85%) |
Tony Tan Keng Yam |
| Tan Jee Say | 530,441 (25.04%) |
|||||
| Tan Kin Lian | 104,095 (4.91%) |
|||||
| Tony Tan Keng Yam | 745,693 (35.20%) |
|||||
Some information in the table above was obtained from .
Legislation
. ("PDA"). ("PEA"). ("PEAA").- Parliamentary Elections (Forms and Fees) Regulations (Cap. 240A, Rg 1, 2000 Rev. Ed.), archived from the original on 7 September 2010.
- Presidential Elections (Certificate of Eligibility) Regulations (Cap. 240A, Rg 2, 2000 Rev. Ed.), archived from the original on 31 August 2010.
- Presidential Elections (Posters and Banners) Regulations (Cap. 240A, Rg 3, 2000 Rev. Ed.), archived from the original on 2 September 2010 ("PEPBR").