Parliamentary Elections (COVID-19 Special Arrangements) Bill

Order for Second Reading Read.

6.28 pm

The Minister for Trade and Industry (Mr Chan Chun Sing): Mr Speaker, Sir, on behalf of the Prime Minister, I beg to move, "That the Bill be now read a second time."

Mr Speaker, Sir, our next General Election must be held by 14 April 2021. The COVID-19 situation is most likely to last many more months, including the possibility of recurring waves of infection across the world. We must therefore, make contingency plans to safely conduct our next General Election under COVID-19 situation. This is the responsible thing to do, to robustly plan ahead, to keep our citizens safe while upholding our democracy.

The Parliamentary Elections (COVID-19 Special Arrangements) Bill forms part of the contingency plans to allow the Elections Department (ELD) to implement temporary arrangements for safe elections amid the COVID-19 situation. They are on top of sections 56A to 56F of the Parliamentary Elections Act, which already contain powers to deal with some disruptive events.

The key provisions in this Bill are in two main parts. The first deals with voters who are subject to movement control orders, that is, COVID-19 stay orders, commonly known as Stay-Home Notice or SHN in short, a COVID-19 Quarantine Order or QO in short, or being on Medical Certificate (MC) because he/she shows Acute Respiratory Infection (ARI). The second part allows an aspiring candidate to authorise a representative to file his or her nomination paper if the aspiring candidate is unable or unfit to do so because of a COVID-19 QO, SHN, hospitalisation or ill health.

I will first cover the clauses, which will allow us to make special arrangements for voters subject to movement control orders. In particular, those on SHN will be allowed to vote outside of their electoral divisions. This is because a number of voters, since 10 April, have been required to serve their SHN at designated facilities such as hotels for 14 days to isolate themselves from others and we will continue to issue SHN as part of the strategy to control community transmission.

Clause 3 excuses voters issued with QO, SHN at home or MC for ARI for not voting. Their names will be restored to the electoral registers without penalty. There will be auto-restoration for those on QO and serving their SHN at home, as we have the information for this group. For those on MC for ARI, they can apply to restore their names to the registers after the election and we will restore them without penalty.

Clauses 4 and 5 cater to persons on SHN at designated facilities by authorising temporary polling arrangements for them to vote outside their electoral divisions, either at special polling stations in the SHN designated facilities or some other suitable premises. We do this to minimise their direct contact with other voters. This is possible because, unlike persons on MC for ARI, those on SHN are already co-located physically in designated facilities thus allowing such arrangements to be rapidly deployed.

Polling at the special polling stations will be akin to that at overseas polling stations. Clause 6 requires that a poll and voting at an election involving electors subject to SHN be conducted in the same manner as voting at a polling station in Singapore, with the following modifications:

First, instead of the usual voting hours from 8 am to 8 pm, the Returning Officer can set the voting hours at the special polling stations differently, as long as they are at least four hours and end by close of polls at all the other polling stations in Singapore, that is, by 8 pm on Polling Day.

Second, there can only be one polling agent for each political party, independent candidate or group of independent candidates at each of the special polling stations.

The election official at the special polling stations will have to call out the electoral division and polling district code of the voter before issuing a ballot paper, because each special polling station would have voters from many electoral divisions casting their votes there. If there are no dedicated ballot boxes provided for voting in different electoral divisions at each special polling station, the election officials will have to sort the ballot papers from the opened ballot boxes according to electoral divisions first before starting to count the votes.

Under Clause 6(3), the Minister is empowered to make regulations setting out additional modifications to the Parliamentary Elections Act, so as to minimise exposure of the general public or election officials to individuals who may be incubating or infected by COVID-19.

Let me now move on to the second part of the provisions relating to nomination proceedings.

The Parliamentary Elections Act requires aspiring candidates to submit their nomination papers in person. Clause 9 allows an aspiring candidate to authorise a representative to file his or her nomination paper on his or her behalf, if the aspiring candidate is unable or unfit to do so because of QO, SHN, hospitalisation or ill-health.

The authorised representative must have the Power of Attorney to authorise him or her to act on behalf of the candidate. The authorised representative will be able to file objections and make amendments to the nomination papers on the candidate’s behalf during the nomination proceedings. The other requirements for successful nomination, such as having the Political Donation Certificate and the required number of subscribers, must still be fulfilled.

The Bill does not allow for alternative representation for subscriber, that is, proposers, seconders and assentors. As subscribers can be anyone whose name is in the relevant register of electors, aspiring candidates should find a replacement if any of their subscribers is subject to movement control orders like QO, SHN or MC for ARI, or is having a fever or showing ARI symptoms on the day of nomination.

Mr Speaker, Sir, let me conclude by reiterating the intent behind this Bill. The Bill aims to protect voters, candidates and election officials at the next General Election by providing the Elections Department and the Returning Officer with additional powers to make special arrangements to deal with running a general election under the COVID-19 situation, on top of the powers in sections 56A to 56F of the Parliamentary Elections Act.

While this Bill enables the Elections Department and the Returning Officer to make contingency plans for the next General Election, which must be held within a year from now, the Bill is unrelated to the timing of the General Election. The Prime Minister will decide when to call the election, considering the challenges confronting our country and the evolving COVID-19 situation. Mr Speaker, Sir, I beg to move.

Question proposed.

6.36 pm

Mr Zainal Sapari (Pasir Ris-Punggol): Mr Speaker, elections have been a part of our democratic process since our independence in 1965. In a democracy, voting is a key responsibility and fundamental right of any citizen that enables them to choose their representatives in the government. Hence, it is important that we ensure all citizens get an opportunity to choose who represents them.

Given the current COVID-19 crisis and without the certainly how long it would last, this Bill will allow special provisions to be made during the General Elections. It will ensure that voting to be done safely while abiding with the core principles of the Parliamentary Elections Act such as voting in secret and allowing a Singaporean voter to exercise his rights to a one-man-one-vote principle.

There are some clarifications I would like to seek on this Bill. Firstly, under clause 2, the Bill only refers to elections that take place held on or before 14 April 2021. COVID-19 is not the first coronavirus to land on our shores. Why make these special arrangements temporary when history sometimes has the nasty habit of repeating itself?

Second, clause 5 allows Returning Officers to set up special polling stations in boarding premises or in some other suitable premises in Singapore where the electors are not allowed to leave due to COVID-19 stay orders. Is there any minimum number of voters that would warrant the setting up of these special polling stations? From the view of contesting parties participating in the General Elections, having too many polling stations may pose a resource challenge for them to deploy their polling agents to ensure transparency and legitimacy of the voting process.

Third, under section 81(1) of the Parliamentary Elections Act, no one can dissuade a voter from voting, from Nomination Day to Polling Day. However, under clause 8 of this new Bill, it makes an exception for the Returning Officer and the Director of Medical Services to authorise actions persuading voters not to vote, if they happen to be displaying acute respiratory symptoms, are feverish, or may have been infected by COVID-19. Can the voters go against the advice of the Returning Officer and the Director of Medical Services? Will the polling agents be allowed to witness the process to ensure transparency?

In a democracy, voting is a key responsibility and fundamental right of any citizen that enables them to choose their representatives in the government. In Malay, Sir.

(In Malay): [Please refer to Vernacular Speech.] In a democracy, voting is a key responsibility and fundamental right of every citizen that enables them to choose their representatives in the government. Notwithstanding my support for this bill, may I ask why these temporary special arrangements are made, even though the coronavirus threat can re-occur in future as we have witnessed before in human history?

(In English): A government has a duty of care to its people, and during their term, they are accountable to the voters who have voted them in. With or without COVID-19, on the day of the election, voters must have the capacity to hold the ruling party accountable for their actions should they fail to live up to the mandate given, while at the same time choose their representatives in government for the following term. It is the contest for votes amongst political candidates that gives the power back to the citizens to decide on the future of the nation. This Bill ensures that citizens retain this power regardless of the current crisis. Notwithstanding my clarifications, I support this Bill.

6.41 pm

Ms Sylvia Lim (Aljunied): Mr Speaker, holding a national election in the midst of a health pandemic carries some risk. The Prime Minister has not yet announced when the impending election will be called and by the Government’s own assessment, the COVID-19 situation in Singapore is not yet at a satisfactory phase.

The Workers’ Party has previously called on the Government to be judicious in deciding on the timing of the election, bearing in mind the twin priorities of public health and upholding democratic principles.

Sir, there continues to be unhealthy speculation on the ground as to when the Elections will be held. We note that the recent South Korean election was held at a time where the outbreak showed clear signs of declining cases, underscored by mass community testing. Meanwhile, medical experts here have opined that to be certain that we have turned a corner, a sustained decline in cases to zero or near zero, supported by wide testing, would be needed. As we debate this Bill, this is the elephant in the room. Can the Government clarify what progress needs to be made on the virus front before a General Election will be held?

Coming back to the Bill itself, the provisions cover the processes for Nomination Day and Polling Day. The Workers’ Party will support the Bill but I have some queries and concerns about how the provisions will be operationalised.

First, on Nomination procedures. Clause 9 modifies Nomination proceedings to cater for the event that a candidate is subject to a quarantine or stay home order, or is hospitalised or ill so as to be medically unfit to attend the Nomination in person. The provision allows the candidate to appoint a representative to file his nomination papers in his stead. This is a welcome provision, as it will enable a prospective candidate to still contest the election even if he or she is temporarily unable to attend at the Nomination Centre. One question that comes to mind is that by the time the candidate needs to utilise this provision, he would already be ill or under a quarantine or stay home order. How will he be facilitated to execute the Power of Attorney? For example, will a lawyer be allowed access to the candidate to witness the document?

Another question relates to who can be a candidate's representative. It is provided in clause 9(3) that a representative should be a Singapore citizen who is entitled to vote at the election and duly authorised under a power of attorney. That being the case, I would like the Government’s confirmation that there is no objection to a representative being a fellow GRC candidate or an assentor or subscriber already present at the Nomination Centre.

Next, I move on to the arrangements as to Polling Day. First, voters under Quarantine or Stay Home Orders. Clause 3 provides that voters who are under quarantine orders or stay home orders are excused from voting and that they cannot leave their designated places of home unless the Returning Officer makes arrangements for them to vote. If the RO does make such arrangements, the voters may then choose to vote.

It seems to be then that there are two uncertainties here. First, it is not clear that the RO will definitely make arrangements for such voters to vote, and second, even if such arrangements are made, voters may choose not to vote.

I am concerned about whether this clause will result in significant numbers of people not voting, when they may not be medically ill but simply ordered to be confined as a precaution. According to the Explanatory Statement to the Bill, this provision would also cover those who are on five days' medical leave due to having acute respiratory symptoms earlier.

From what I understand from the South Korean election, voters under quarantine were facilitated to vote, but only after 6.00 pm when the polling booths had closed to the general public. This arrangement protected other voters but also ensured that quarantined voters could vote.

Sir, we do not know the numbers of persons who may be subject to such orders at any time. If there were to be a cluster of infections in a certain area, there could be a significant number of voters for a particular constituency that could fall within this category. A significant percentage of absent voters may affect the outcome of the poll, especially in a close contest. I would like the Minister to clarify what commitment the Elections Department (ELD) is making to voters under Quarantine or Stay-Home Orders. Is the ELD not able to commit to giving all such voters the opportunity to vote?

Next, voters confined to boarding premises. Clauses 4 to 6 deal with voters who are confined to boarding premises which are not their ordinary residences, such as hotels, apartments and dormitories. I welcome the ELD's proposal to provide special polling stations at or near these premises to facilitate the voters' right to vote. On this, clause 5 states that the Returning Officer (RO) may establish a special polling station, where there are two or more voters form the same constituency in the same boarding premises. The use of "may" suggests that the RO may decide not to establish such special polling stations. What is the ELD's intention as to when it will or will not do so? Could the Minister also clarify why the Government requires at least two voters from the same constituency to be staying at the same boarding premise, before a special polling station will be set up?

One more query on this. For such voters confined to boarding premises, clause 6(3) states that the Minister may provide for the marking of votes remotely, that is, the voter need not turn up at the special polling station but may mark his vote, for example, in his room and hand his vote securely to the Returning Officer (RO). There may be a good intention behind this, but it adds a risk to the voting process. What safeguards will there be to ensure that the marked ballot paper is not tampered with or lost and has been duly included for counting?

Next, transporting of electors. According to the Explanatory Statement to the Bill, it may become necessary for the Returning Officer (RO) to arrange for dedicated buses to convey electors subject to COVID-19 Stay-Home Orders to the special polling stations that are not their places of accommodation, in order for them to cast their votes. Clause 7 thus provides that in such a situation, the usual prohibitions against transporting electors to and from polling stations will not apply.

Sir, I appreciate that this is a practical matter that ELD may need to provide for. However, it is useful to bear in mind the rationale for the prohibition on transporting electors in the first place, to ensure that on Polling day, voters may be casting their votes of their free will without undue influence or pressure. To this end, will the ELD implement any safeguards to prevent any attempt to influence voters on these buses from any person or even amongst the voters themselves, for example, by recording the journeys on CCTV or by imposing strict no-communications rules on board?

Sir, apart from what is in the Bill, what other practical measures is the Elections Department (ELD) likely to take to safeguard public health on Polling Day? It will be useful if the ELD can share its thinking, so voters know what to expect. For instance, will voters' temperatures be taken? Will they be issued with masks, hand sanitisers and gloves and would polling booths be disinfected regularly, as was done in the South Korean election? How much more is likely to be spent on an election with such additional requirements?

Another critical aspect is safe distancing. How will this be implemented at the polling stations? For instance, past practice shows that voters tend to congregate at the polling stations early in the morning, and by lunchtime the polling stations are quite empty. Will voters be advised to spread themselves out this time? What else can the Elections Department (ELD) share on the practical considerations?

Finally, the Bill does not cover how the campaign methods will be modified. On the issue of campaigning, Senior Minister Teo Chee Hean had told this House on 25 March that in view of the pandemic, campaign methods will need adjustment. For example, there may possibly be live streaming of videos on the Internet or more television time for candidates. It is important for these changes to campaign rules to be made known publicly and to political parties as soon as possible, so that candidates and parties have sufficient time to make necessary preparations and to source for service suppliers. When will the ELD make known the exact changes? Lastly, whatever changes are made, it is also critical that these modifications do not result in an escalation of campaign costs.

In conclusion, Mr Speaker, it is right that the Prime Minister's Office prepare to provide a safe environment for the holding of the General Elections and we appreciate the rationale for the Bill. I look forward to the Minister's clarifications on the matters I have raised regarding the timing of the General Elections, the modified procedures and campaigning.

Mr Speaker: Assoc Prof Walter Theseira.

6.50 pm

Assoc Prof Walter Theseira (Nominated Member): Mr Speaker, I support the Government's proposal to ensure that elections can be held as smoothly as possible if the COVID-19 outbreak is still on-going when elections are called.

Sir, this Bill's provisions will help assure electors and candidates that they will still be able to exercise their democratic rights, even if they are under Stay-Home Orders or other COVID-19 related restrictions. However, I am concerned whether the Bill goes sufficiently far in exploring alternatives, such as remote electronic voting, that might allow all electors, including those under Quarantine Orders, as well as those falling ill on Polling Day, to vote. Such remote voting technologies might allow us to reduce in-person voting, which will make it easier to protect public health.

I also wish to ask why the Bill does not address safe campaigning regulations under COVID-19, which should be defined well in advance of the polls, so that all parties can prepare.

Sir, even if COVID-19 appears under control when Parliament is dissolved, conditions may get worse by Polling Day. Polling may take place during circuit breaker measures, not by design, but due to necessity. Candidates and our campaign regulations will need to be prepared in advance.

First, let me discuss the issue of remote electronic voting. Electronic voting itself has been quite contentious. Since 2001, the Parliamentary Elections Act (PEA) has contained provisions for electronic voting, through Direct-Recording Electronic or DRE voting machines.

When the 2001 amendment to the PEA was debated many Members treated DRE voting with caution. Members argued that voters might be unfamiliar with the technology, expressed concerns about maintaining voter secrecy and asked how could DRE voting be proven to be free from electoral abuse.

Sir, in the end, these concerns come down to a lack of trust either in the Government's stewardship of the voting process or in the technology itself.

The passage of 20 years has given many reasons for greater trust in both factors. Many Singaporeans now routinely use remote electronic technology to transfer money, pay bills, make investments, file claims in Court and more. And most Singaporeans do not question whether technology can securely determine the identity of the user and record their decision properly.

As for trust in the voting process, there are six elected Opposition Members today, most of whom won their seats in a GRC. So I do hope the debate on the nature of democracy in Singapore has moved on beyond questioning the voting procedure itself, although I do appreciate as Ms Lim has reminded us that we should always be vigilant to safeguard democracy.

So, I think we should ask: why not consider provisions for secure remote electronic voting?

To be clear, convenience alone would not be a good reason for remote electronic voting. Voting in public binds Singaporeans together as we exercise our democratic rights. But during COVID-19, having a significant fraction of electors choose to use remote electronic voting would greatly reduce crowding at polling stations. Crucially, this would free up polling stations for elderly voters, who are less likely to use remote electronic voting. And it will also mean voters who are acutely sick or under Quarantine Orders, could also exercise their right to vote.

Sir, there is a real risk that many electors would be unable to vote due to COVID-19. I will stand corrected, but the present Bill's clause 5 does not appear to require the Returning Officer (RO) to ensure special polling stations are set up to accommodate all electors subject to Stay-Home Orders. There may be some discretion permitted.

It will be helpful if the Government could clarify whether the Bill does impose a requirement that all electors on Stay-Home Orders must be given arrangements to allow them to vote.

The present Bill is also silent on electors under Quarantine Orders, while clause 8 also expressly allows the Returning Officer (RO) or Director of Medical Services to advise electors against voting if they are acutely sick or otherwise exposed to COVID-19. So, there are many cases where electors could have difficulty exercising their right to vote in person, while protecting public health.

Second, I wish to ask why the Bill does not address the conduct of campaigns during COVID-19. Sir, our campaign process must also be adapted to ensure public health is not at risk. I note that the PEA does not govern campaigning in detail. But nonetheless, the Government could have used this Bill to enact temporary amendments to the PEA or to other Acts to create a legislative framework to govern campaigning during COVID-19.

I am not so worried that there will be a free-for-all in campaigning that puts public health at risk. I am confident that the ELD will consult with MOH and issue instructions on the conduct of the campaign. Rather, I am asking whether we should do more to ensure that a broad framework to allow for a range of restrictions on campaigning, calibrated to the public health risks, is put into the primary legislation for the duration of COVID-19.

Sir, this relates to a broader question on the right balance between specifying policy in the primary versus secondary legislation. But there are reasons to err on the side of being exhaustive in the primary legislation, where elections are concerned. The PEA itself goes into detail on voting procedure because it is important that every aspect which might affect the integrity of the vote be subject to as little discretion as possible. Through this, all candidates are assured that the electoral process reflects the laws agreed and passed by Parliament, rather than the decisions made on the ground by individual officers or the regulations issued by the ELD. So, the lack of discretion can be a virtue.

Sir, I will not propose specific rules here, but campaigning must be regulated because it exposes the candidates and electors to public health risks from COVID-19. The hallmarks of a normal campaign – gathering volunteers, holding rallies, attempting to meet as many electors as possible – all involve significant personal contact. We should, therefore, define rules for specific campaign activities which may be allowed as essential, depending on the severity of the COVID-19 outbreak at the time. And defining these rules well in advance will allow candidates to prepare.

In my view, a good framework would first aim to govern the campaign activities the candidate can engage in, which may include restrictions on places that can be visited, number of electors that can be contacted, rallies and so forth.

Second, to govern the number of persons, other than the candidates, who can assist in physical campaign operations, as each additional person naturally adds to the public health risk.

Third, to regulate the extent to which supporting services to a campaign, such as vehicle rental, poster printing, Internet advertising, and so forth, will be made essential, at least to candidates, even if not to other parties.

And fourth, to provide for changes in the allowed campaign expenditure level to account for the fact that much of the work normally done by volunteers on the ground may have to be conducted online through costly advertising, and to account for other increases in cost, as may happen if essential services have to open solely to service candidates.

Sir, there are no doubt many other considerations. For example, candidates may face difficulties accessing Internet advertising during the campaign, as this also depends on the cooperation of the Internet platforms. Google, as we know, has ceased to accept political advertising in Singapore, as of December 2019. And with restrictions on physical campaigning, Internet advertising becomes quite essential.

Mr Speaker, I support the Government's efforts to ensure our elections can carry on, even if called in the midst of the COVID-19 outbreak. But I believe more work can still be done to improve access to voting for all electors and to define rules for campaigning in advance that are fair to all candidates and protect the public health. I hope the Government will address these in the reply, or in subsequent legislation if necessary.

Mr Speaker: Leader.

Debate resumed.

Mr Speaker: Mr Ong Teng Koon.

6.59 pm

Mr Ong Teng Koon (Marsiling-Yew Tee): (In Mandarin): [Please refer to Vernacular Speech.] Mr Speaker, if anybody had ever doubted the importance of a strong government, I believe that this current pandemic should have ended those doubts.

Can you imagine a Singapore without the three Budgets, which have kept the economy afloat and supported the livelihood of the people with a total amount of $63.7 billion to fight the COVID-19 crisis? What would be the consequences?

Can you imagine a Singapore with a runaway infection number of critically ill patients without the circuit breaker in force? What would then be the consequences?

Can you imagine a Singapore where the Government is too weak to make the tough but necessary choices? What would it be like now?

I cannot imagine what the situation would be without all those. I am fortunate and am grateful how we are faring now in Singapore.

These are the far-reaching strict and painful measures that only a democratically elected Government with a strong mandate from the people can enact effectively during an outbreak. A politically weak Government will not have the political capital or legitimacy to do this.

Legitimacy is only conferred with a free and fair election, and only a legitimate Government can get a strong mandate from the people. Without the strong mandate from the people, the Government will not be able to make the best possible decisions to steer us out of this crisis.

As Senior Minister Teo Chee Hean has said in Parliament, unless it is a state of emergency, it would be unconstitutional not to hold an election before the date of 14 April 2021.

Singapore, since its founding until now, has not declared a state of emergency and we should not take it lightly to set this precedent. If the Government fails to defend the Constitution, how can it answer to the people who have elected it time after time since our independence in 965? How are we going to answer to the voters?

Several opposition parties have said that the Government would be most irresponsible if it were to call for a General Election during the outbreak. But no one really knows if COVID-19 will end before 14 April 2021. Of course, I sincerely hope that COVID-19 will be behind us by then. But even if it is not fully eradicated, it would be most irresponsible of the Government not to call a General Election by 14 April 2021. Fourteenth April 2021 is still a long way away, there is no excuse for the Government not to prepare properly for the election in advance and hold one at an appropriate time.

This Bill ensures that the Government will put in all the necessary precautions to ensure a fair election and to ensure the safety and health of voters if the outbreak is not over yet. This requirement is non-negotiable.

While we are trying to uphold the Constitution, we also cannot risk a flaring of the outbreak. Singaporeans from all walks of life have been suffering economically from the circuit breaker. The sacrifices of these people cannot be made in vain. The real question is how do we do this effectively?

Specifically, we have to explore all the ways to make sure that physical voting is safer, for example, staggered polling times, more polling stations, less contact from sharing objects. Other than that, we also need to use this opportunity to explore other areas which are not stipulated in this Bill. For example, to use internet technology to enable online voting instead of physical voting. Can we allow online voting if the voters log in with their SingPass?

Of course, this is a new exploration. There will always be new issues to address. For example, privacy, the secrecy of the votes, cybersecurity and also fraud. Seniors may also need help in technical areas.

But as with any encounter with new things and new developments, we have to endeavour to try to overcome all the difficulties and challenges in order to move forward. If the COVID-19 outbreak has taught us one thing, it is that many things that were similarly described as impossible in January this year had in fact been shown to be possible.

Ensuring safe and fair campaigning is as important as ensuring safe and fair polling. If the electorate feels that some parties were constrained unfairly, then the election will no longer be legitimate. Hence, this Bill should make provisions for political parties to conduct virtual hustings and virtual rallies, and to make sure that the boundaries are clear. If internet campaigning or social media are used, rules and regulations should be established, especially to guard against any rumours or fake news. In order to ensure fairness of the election, these boundaries are very important.

Mr Speaker, in these challenging times, true humanity will be revealed. We talk about sacrifices. We talk about having to choose between liberty and life. But in real life, execution is of the essence. What we should aim for is to allow our voters to exercise their democratic rights safely. If you fail to plan, you plan to fail. If we make the right decisions and start preparing now, our voters will not need to make a trade-off between democracy and health.

It is very easy to say "no", but our responsibility is to find a more effective, safer and win-win solution. As the old adage says, "A sunken ship watches a thousand boats pass by it, a withered tree sees ten thousand saplings blossom beyond it. (As the old continue to wither away, the new will blossom and lead the way.)" Sir, we will be able to find a new way of polling that will adapt to the new information age. Singapore will definitely rise again from the ashes of the pandemic.

Mr Speaker, I support the Bill. Thank you.

7.08 pm

Ms Anthea Ong (Nominated Member): Mr Speaker, this Bill addresses the public health risk from an election amidst the COVID-19 crisis and works towards creating the possibility of a General Election that is safe and secure. There have been indications that an election is imminent. The Electoral Boundary Review Committee released its boundary report in March. Historically, elections have been called within a month or two after the announcement of the Electoral Boundary Review Committee. Prime Minister Lee has also not discounted the possibility of a COVID-19 election and said he would judge the situation at hand first.

The Bill at hand is a laudable effort. However, I am not certain that its current form is truly sufficient to protect the safety of the electorate nor the integrity of our political processes should an early election be called for whilst we are deep in this battle with COVID-19. Please allow me to elaborate these concerns.

First, Mr Speaker, the right to vote forms the foundation of our representative democracy. It concerns me that the Bill in providing for an election in a pandemic excludes a significant segment of the electorate. This, to my mind, inevitably threatens the integrity of our democracy by taking away the voting rights of citizens and, as a consequence, weakens the mandate. Let us discuss these exclusion provisions.

Materially, section 3(2) of the Bill exempts individuals serving quarantine orders (QOs) from having to vote and subsection (3) makes it clear that quarantined electors cannot claim their right to vote as a valid defence for violating their quarantine order. What this therefore means is that citizens under quarantine orders face legal repercussions if they attempt to vote.

In the case of voters under Stay-Home Notices (SHNs), the Bill stipulates that if at least two individuals residing in one boarding premise exist, the Returning Officer can then establish a special polling station for these voters. As at 2 May, 2,020 persons were under SHNs and approximately 28,000 under some form of QOs. Even if we discount those in the dormitories, I think we are still looking at about 15,000. This number is expected to rise, which gives a sense of the number of Singaporeans who would be prevented from voting.

In addition, section 8 of the Bill allows for possible exemption of those who may be unwell or vulnerable to illness or exposure to be discouraged from voting, applying to those Singaporeans who may be first-order contacts. The number of cases in Singapore has exceeded 17,500, when I last checked, with unlinked cases in the community continuing to emerge, indicative of a larger, hidden reservoir of COVID-19 cases in the community that continues to go undetected.

If an election is held in a time when we are still grappling with a high risk of community spread, we may be looking at a significant part of the population being discouraged from voting.

Mr Speaker, since the beginning of our history as a nation, the principle of "one man, one vote" has been fundamental to Singapore such that our founding fathers made voting compulsory. "The right to vote is a constitutional right. It is an implied right, arising from the various provisions in the Constitution, including Articles 65 and 66," said the Minister for Law in a parliamentary debate in 2009.

Explicitly, section 38(1) of the Parliamentary Elections Act states that the presence of an elector in the register of electors is "conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election". Does the exclusion of voters in this Bill not therefore deprive Singaporeans of this right? Will the Minister please clarify on the constitutional invalidity of depriving quarantined voters of that right to vote, especially how they have no legal defence if they exit their quarantine holdings to vote?

Sir, aside from the explicit exclusions, we must not forget too that the Bill does not account for electors who may voluntarily abstain from exercising their right to vote out of fear of contracting COVID-19, including the elderly who are immuno-compromised and/or voters residing with elderly family members, regardless of the penalties incurred. An election cannot truly be held in good faith if Singaporeans are forced to choose between voting and protecting themselves and their families.

Similarly, have we accounted for the thousands of eligible Singaporeans overseas who are excluded because they may not be able to vote at the designated polling stations because of lockdown measures and travel restrictions?

Can the Minister please clarify if the Bill has been formulated with these concerns in mind and if not, how does the Government intend to rectify this potential loss of more voters?

Mr Speaker, one reason that has been provided for why we should hold an election during this period is to provide the incumbent Government with a fresh and strong mandate to tackle our on-going public health and economic crisis. Yet, I cannot help but sincerely question just how strong and fresh of a mandate the new government can marshall in a COVID-19 General Election where there are such significant parts of the electorate excluded from voting by law, by illness, by fear and by choice, which would most certainly result in substantially lower voter turnout.

Mr Speaker, I would like to now address if a COVID-19 election also runs the risk of an inequitable playing field for political parties in terms of campaigning.

MHA, Cyber Security Agency and Elections Department have issued advisories to political parties on the threat of foreign interference. Under the guidelines of the advisories issued, political parties are expected to not only shore up their digital literacy but also beef up their existing IT infrastructure and security.

Not all political parties will have the necessary resources to ensure full and adequate compliance with the advisories and this is especially concerning given that a COVID-19 election will likely heavily depend on social media and other online platforms for campaigning to replace rallies.

Some believe that rallies contribute to the leveling of the playing field, and give fair opportunity for each political party to offer their pitch.

To have an election without rallies would be disadvantageous to parties with less resources. In this regard, I think there was an online dip poll held by Lianhe Zaobao in late March about the desirability of an election found that 67.5% of those polled disagreed on holding an election during the ongoing pandemic as it would be difficult to hold rallies.

This Bill does not seem to have any provisions for fair campaigning. Can the Minister clarify how the Elections Department will ensure commensurate and fair campaigning across all political parties, given the extenuating circumstances?

Last but not least, Mr Speaker, apart from the integrity of the mandate and democratic processes, we cannot discount the possibility that holding an election any time soon will increase the risk of transmission again. It is true that measures can be taken to ensure higher sanitary standards in voting booths throughout voting day. However, we must not forget that all it takes are a few minor lapses to trigger another dangerous bout of contagion.

As of 15 April, there were over 2.6 million voters registered in the voter roll. The likelihood of such lapses on a day where we expect over 1.8 million Singaporeans to head to the polls is more than high. Just looking at how quickly the virus spreads in weeks with 200,000 workers across different dormitories should alarm us to what we would be risking to allow large hordes of people to come together at the polling stations.

Some may urge us to look at the example of South Korea to suggest that elections can still be successfully held without risk to public health. South Korea, however, had managed to stem their flow of infections before they held their election. Besides, we do not even know if the South Korean elections will lead to a relapse in infections, given the 14-day incubation period. Already, there are worrying trends that the virus is more devious and more complicated than previously thought. South Korea, in fact, has seen more than 180 cases where recovered patients have become reinfected by the virus.

Mr Speaker, while the COVID-19 crisis has been foisted upon us without choice, we can still choose to protect the health of Singaporeans and safeguard our democracy.

No one can say for sure how long this public health crisis will last until it is actually over. I do therefore humbly urge the Minister to direct the energies and resources of this Government – which still has a full year mandate ahead of it – to be focused on resolving the crisis and safeguarding the physical and mental health of Singaporeans. And not to burden the severely-stretched public service further with an early election, particularly with the colossal inter-agency efforts to resolve the migrant worker crisis that are ongoing and will be needed beyond COVID-19.

Sir, if the COVID-19 crisis resolves before the due date of 21 April 2021, then we can hold an election as per normal. If not, we may consider holding an election at that time according to the terms of this Bill. Alternatively, if the situation in fact worsens in a way that will still hamper a fair election, this House may have to consider passing a constitutional amendment to extend the deadline for an election. Some may contend that passing a constitutional amendment with regard to elections would be unprecedented, but Mr Speaker, I think we will all agree that many of us what we have witnessed in this Chamber in the last months have been anything but “business as usual”.

I would also like to seek the Minister’s assurance that this Bill is viewed as a last resort; that it should only serve as a guarantee, and not be interpreted as a go-ahead to hold elections immediately in this current climate. If we are to pass this Bill today, we must make sure that the Bill is comprehensive in ensuring both the safety of the electorate, maximum suffrage and fair campaigning.

This will also help to quell sentiments on the ground that an early election is being exercised for political expediency, avoiding an undue erosion of public trust.

Mr Speaker, please let me conclude by reminding this House and Singaporeans that voting is not a fire drill exercise we conduct every five years; it is a right and privilege to have a say in how we want to build this nation and the life we want for ourselves and our families.The right to exercise this vote is therefore what holds our society together, and must not be denied by exclusions nor be encumbered with fear of infection. Any yes that is given without the ability to safely say no is never a true choice. And therefore not the kind of vote or mandate we want the new government to be built upon, especially to lead us in a post-COVID world.

7.20 pm

Mr Louis Ng Kok Kwang (Nee Soon): Sir, it was Dr Anthony Fauci, an infectious disease expert who said of the COVID-19 virus, “You don’t make the timeline, the virus makes the timeline”.

I am supportive of planning for all contingencies to enable as many eligible Singaporean voters to cast their votes as possible in a General Election. At the end of the day, we do not want a situation where we are forcing Singaporeans to choose between their right to vote and their health. We need to have plans and back-up plans. We need to have resources to ensure that we can implement our plans. We also should ensure our message is clear that those who are not well should stay home and that those who are well can safely vote because we have taken all necessary precautions.

Sir, I have five clarifications on the Bill.

First, this Bill is intended to have effect until April 2021. We can try to predict but it is difficult to say for certain how the number of infections will unfold. In the event that the number of people subject to COVID-19 Stay Order Regulations and living at boarding premises increase significantly, more special polling stations will be required.

Can the Minister share the measures taken to ensure that we have sufficient resources to operate special polling stations and, if necessary, to transport electors such that every elector subject to the COVID-19 Stay Order Regulations and living at boarding premises will have access to a special polling station? Can the Minister also share what public health and safety measures will be implemented at special polling stations to prevent disease transmission?

Second, clause 6(3) provides the Minister with the power to make regulations allowing electors subject to COVID-19 stay orders to vote without leaving their boarding premises. The explanatory note elaborates that such an elector may remain in his or her room at the boarding premises, be delivered the ballot paper to mark secretly, and return it using a secure method to the Returning Officer. This is a very significant departure from in person voting at polling stations and is not subject to the usual protective measures at polling stations to ensure the secrecy of votes such as the presence of polling agents, the sealing of ballot boxes and the supervision of a presiding officer. Where votes are collected from individual electors’ rooms, as opposed to where votes are cast at a single location, there are many more points where the secrecy of the vote may be undermined. There are measures that can be taken to ensure the secrecy and integrity of the vote and the Explanatory Note states that the regulations need to be consistent with principles such as secrecy of the vote and one-person-one-vote.

Can the Minister share what are some of the protective measures that may be introduced in regulations if it is necessary for an elector to vote from his or her room?

Third, as early as November 2018, the Elections Department (ELD) announced new technology and processes to be used at the next elections. These include counting machines, electronic registration, and self-inking pens. The ELD announced in November 2019 that it would hold roadshows ahead of the next General Election to familiarise voters with the new equipment. The ELD also announced that it will organise sessions for political party representatives to try out the new digital services and provide feedback. Training would clearly also need to be carried out for counting agents who will have to operate the counting machines.

Can the Minister share what measures will be implemented to ensure that voters, polling agents, and counting agents can be familiarised with these new initiatives to ensure smooth roll out on polling day itself? How will training be conducted if on-site sessions cannot be conducted, for example during circuit breaker periods?

Fourth, clause 6(2)(b) provides that the hours of any poll at a special polling station must not be less than four hours as set by the Returning Officer, and must close no later than the close of poll on polling day in Singapore. It is likely that the voting process will be slower because of the additional safety measures taken, the new technology used and the potential need to transport electors to special polling stations.

Can the Minister share what plans there are to address any potential delays in the polling process that might affect electors’ ability to vote before the close of the poll on Polling Day, whether at a regular polling station or a special polling station?

Lastly, as of 2015, there were 10 overseas registration centres in Canberra, London, Tokyo, Hong Kong, Beijing, Shanghai, Dubai, New York, San Francisco and Washington DC. Many of these cities are currently and may in the future have high rates of disease transmissions and may be in varying states of lockdown. While overseas electors may form a small proportion of the voters, they too are citizens of Singapore and it is important to preserve their right to vote as far as possible. Can the Minister share what the COVID-19 special arrangement plans are in relation to overseas voters?

Sir, notwithstanding these clarifications, I stand in support of the Bill.

Mr Speaker: Minister Chan

7.25 pm

Mr Chan Chun Sing: Mr Speaker, Sir, let me first thank all the Members who have spoken on this Bill. I will address the points specific to this Bill first before I cover the other points.

Ms Anthea Ong expressed her concern that the Bill deprives certain voters of their right to vote. This is a misconception. The Bill does not take away any one’s right to vote. Rather, the special arrangements in this Bill will in fact allow more voters to vote.

Under the Infectious Diseases Act, a voter on QO, or SHN cannot leave his or her place of isolation or accommodation without the permission of the Director of Medical Services. However, this Bill enables special arrangements to be made to allow those on SHN staying at designated facilities to vote under special arrangements that will minimise their contact with other voters. Thus, the arrangements afforded by this Bill should allay concerns among the wider voting population who might otherwise be dissuaded from voting because of in-person voting by those under SHN.

To use Ms Ong’s own words, Singaporeans should not have to choose between voting and protecting themselves and their families. As for those on QO, fewer than 1,000 Singaporeans of voting age are on QO as of yesterday, and certainly not as many as Ms Ong asserts.

As Ms Sylvia Lim has noted, the Bill merely recognises that voters who are under QO or an SHN at home have a legitimate reason for not voting because of the COVID-19 situation. Because voting is compulsory, the Bill makes clear that being on QO or SHN at home provides an adequate reason to them for not voting and these voters will thus be entitled to have their names restored to the relevant register of electors, without paying the $50 penalty.

To Ms Lim’s question, the Elections Department will consult MOH and MHA nearer the election date to assess if the public health and security risks of allowing these two categories of voters to leave their homes and making special arrangements for them to vote in-person at polling stations can be managed.

Mr Zainal Sapari asked about clause 8 which provides for the Returning Officer and the Director of Medical Services to advise voters who are unwell to be socially responsible and not turn up to vote at the polling station. Public health issues still need to be addressed even during an election and our officials should not be prevented from doing so because of the offence that is in section 81(1) of the Parliamentary Elections Act. I would add that this clause only applies to public advisories for the awareness of voters in general and is not directed at any particular voter or voters. Voters will be required to comply with the directives of the Returning Officer or the Director of Medical Services. This is to ensure the safety of others and the Election Officers will explain this to the voters.

Mr Louis Ng asked about the powers vested in the Minister to make regulations allowing voters subject to COVID-19 stay orders to vote without leaving their boarding premises. Let me assure Mr Ng that any regulation required for the operation of the special polling stations will have to be consistent with the principles of the Parliamentary Elections Act, such as one-man-one-vote and voting secrecy.

The process, if we need to do this, will include extra steps that ensure that the correct voter receives an authentic ballot paper, remind him or her to vote freely and in secret, and that ensures the secure return of his or her marked ballot in secret for counting. We will also ensure there is transparency as candidates, independent or representing a political party, and their polling agents can be present to observe the proceedings.

Mr Louis Ng and Mr Zainal Sapari highlighted the potential resource challenges for candidates and political parties if there are too many special polling stations.

Let me assure Members that the Elections Department (ELD) will work with the relevant agencies to minimise the number of special polling stations to be set up. Based on the current numbers, we do not expect more than a few polling stations to be set up in the designated facilities. Just to give a bit of context, we have over 800 polling stations around the island. I would also like to assure Assoc Prof Walter Theseira and Ms Sylvia Lim that the intention is to enable every voter serving SHN at designated facilities to vote.

Ms Sylvia Lim also asked about the rationale for requiring at least two or more voters to be from the same constituency before setting up a special polling station. This is to address concerns on the secrecy of the vote where there is a lone SHN voter. In such a case, the Bill provides the flexibility of transporting the lone SHN voter, together with others, to a larger special polling station. If this is necessary, the Elections Department will put in place the necessary safeguards. I would add that the offences of treating, undue influence and bribery in the Parliamentary Elections Act still apply in such a situation. But let me assure Members that unless the number of SHN voters spikes, the Elections Department's preference is to conduct polling within the designated facilities rather than transporting the voters to special polling stations outside.

On Ms Sylvia Lim's questions pertaining to the Power of Attorney to be executed by an aspiring candidate who is unable or unfit to file his nomination papers in person, the aspiring candidate can engage a lawyer to prepare the Power of Attorney to expressly authorise the representative to represent and act on behalf of the aspiring candidate at nomination proceedings. This must include an authorisation to submit nomination papers and raise objections to the nomination papers of other candidates. The Bill also does not prevent a GRC candidate or an assentor of the group from doubling up as a representative of another aspiring candidate of the GRC who happens to be unwell as long as he is in possession of the required Power of Attorney.

Let me now move on to the issue of safety precautions for elections conducted under COVID-19, which have been raised by various Members, including Ms Sylvia Lim, Ms Anthea Ong, Mr Louis Ng and Mr Ong Teng Koon. I would like to assure the House that the Elections Department will put in place the necessary measures to protect candidates, voters and election officials to assure a safe election.

In drawing up these measures, the Elections Department will abide by the prevailing advisories issued by MOH for health, and MHA for security. The Elections Department is also studying the experiences of countries that have held elections under pandemics, such as South Korea. In the case of South Korea, they implemented precautionary measures, such as temperature screening, safe distancing and requiring voters to wear masks and plastic gloves. Another useful observation from the South Korean elections is the wide use of collaterals, such as videos and infographics, to assure voters of the precautionary measures being put in place. As a result, they had a record turnout at the elections. The South Korean health authority also recently concluded that there were no local transmission cases arising from the elections. Their experience shows that it is possible to run a safe and smooth election under COVID-19, provided we have in place the necessary safety precautions and voters are assured of the safety of the election.

Beyond the best practices from South Korea, the Elections Department will also consider Mr Ong Teng Koon's suggestions to increase the number of polling stations and even out the flow of voters across polling hours. This is something that the ELD has started studying. As the COVID-19 situation is evolving, the Elections Department will share the details nearer the General Elections. So, the ideas of staggered hours, temperature taking, disinfecting the polling booths more frequently, gloves – all those are part of the study and ELD will make public its recommendations and advice soon, before the elections, to give everybody and every party the necessary time for their preparations.

Finally, although Mr Louis Ng's questions about educating voters and candidates about the use of electronic registration and other new equipment are outside the scope of the Bill, let me just respond briefly to say that we do recognise the importance of public education and will be putting out information on the use of electronic registration and other equipment, together with the necessary precautionary measures to address the COVID-19 situation.

Let me now move on to the next issue touched on by Mr Ong Teng Koon and Assoc Prof Walter Theseira about online voting. We have not implemented online voting as it is difficult to prevent impersonation and ensure voting secrecy. Even with SingPass, we do not know for sure if the vote is cast by the person himself or by another person who is assisting him. For a voter to be sure that his online vote is accurately recorded for audit purpose, present-day IT verification systems will require the system to also retain information on the voter's choice, which will compromise voting secrecy. In addition, there are system reliability issues and security risks, such as vulnerability to hacking and cyber-attacks. It is not possible to have polling agents present during online voting.

Assoc Prof Walter Theseira raised a very philosophical point, which is this. We have two considerations for the voting process – first, the verification of the voter's identity; second, voting secrecy. Now, this is fundamentally different from a bank transaction. A bank transaction verifies the person's transacting identity. At the same time, there is an audit trail to allow any dispute to be settled thereafter. In a voting situation, it is precisely quite different. We want to verify the identity of the voter and, yet, at the same time, we have to assure the voter of the secrecy of his vote, which means that he must be assured that it cannot be traced back absolutely to him. So, this is the fundamental issue which many countries have grappled with and this is also the reason why we have not chosen to go onto an online mode at this point in time, given the concerns of verification, voter secrecy and also the security concerns.

These reasons were highlighted in an article in the 28 April issue of The Economist on why online voting is not the way to hold elections during a pandemic.

Now, let me touch on overseas voting. Ms Anthea Ong and Mr Louis Ng asked about the Singaporean voters overseas. We want Singaporeans who have registered to vote overseas to be able to do so. But we must also recognise that the COVID-19 situation has affected many cities around the world to different extents and we do not know how it will evolve. For example, if there are unacceptable risks to the safety and health of overseas Singaporean voters and election officials, and if the physical conduct of polling in certain overseas locations is not possible, then we may have to abandon overseas voting in those locations as allowed under the Parliamentary Elections Act. This is a decision that will not be taken lightly. The Returning Officer will assess and monitor the situation for each overseas polling station after the writ of election is issued before making any such decision.

Next, let me touch on the issue of campaigning. Ms Sylvia Lim, Ms Anthea Ong, Mr Ong Teng Koon and Assoc Prof Theseira asked about campaigning under the COVID-19 situation. This is outside the scope of the Bill as laid out in its long title. I will just briefly say that the Elections Department will share the guidelines for campaigning in due course, taking into account the COVID-19 situation then. As the Parliamentary Elections Act and its subsidiary legislation cover only some aspects of campaigning like the regulation of election advertising, with rallies and walkabouts covered under the Public Order Act, the Elections Department's practice has been to issue an advisory on campaigning guidelines, together with other relevant authorities like the Police and MHA. The Elections Department will also work with MOH on the health and safety aspects of campaigning before issuing its advisory. This will be done with sufficient time for political parties and aspiring candidates to prepare.

Again, Assoc Prof Walter Theseira raised a philosophical point. What are the parts that should go into the Rules and what are the parts that should go into the subsidiary legislation or Regulations? In general, our philosophy must be this – for those things that are conducted in a defined, structured environment, the fewer the variables, the more we are able to write it down in clear rules, and we should do that upfront. For those activities that are conducted in less structured environments, where things are evolving rapidly, then, certainly, not everything can be written upfront and whatever rules that are going to be made for those activities, including campaigning activities, will have to take into consideration the prevailing health and security considerations by MOH and MHA respectively.

This is the reason why the Bill is structured in this way. For things that are conducted in the polling station, where it is a structured environment, we will try to be as clear, as defined, and to let people know as early as possible. For those things like campaigning, which is conducted in a less structured environment, which is more subject to the evolving health and security considerations, not all of that can be written down prior, and not all of them may need to be written down because then that will circumscribe the actions that may be possible in due course. So, that is the philosophy behind why the Bill is structured in this way.

Now, let me address Mr Zainal Sapari's point about why the arrangements are temporary. Mr Zainal asked why are the special arrangements provided in the Bill temporary and not permanent. These arrangements are specifically to deal with the conduct of an election under the COVID-19 situation, which we all hope is temporary. But I agree with Mr Zainal Sapari that if there are provisions which are relevant to future elections, we will include these provisions when we next amend the Parliamentary Elections Act.

Next, let me touch on the issue of the timing of the election, which is not a part of this Bill.

Ms Sylvia Lim, Ms Anthea Ong and Mr Ong Teng Koon commented on the timing of the General Election. As Mr Ong Teng Koon has articulated, Senior Minister Teo Chee Hean has explained in his reply to this House on 25 March 2020 that it is unconstitutional to delay an election beyond the required timeframe of April 2021 and for the President to appoint a caretaker government. Let me reiterate that this Bill allows the Elections Department to make contingency plans for the next General Election. It is not related to the timing of the General Election. It will be for the Prime Minister to consider what is in the best interests of Singapore and Singaporeans and make the decision on when to call the next General Election.

Ideally, we would all like to conduct elections in normal conditions but it is uncertain when the COVID-19 situation will stabilise. However, as South Korea has shown, holding an election under COVID-19 is possible, but there must be adequate precautionary measures in place to safeguard the well-being of voters, candidates and officials, and it will be prudent and responsible for us to make those necessary contingency plans ahead of time.

Mr Speaker, Sir, let me conclude. In a few short months, the way we live, work and interact with others has changed drastically. Will we revert to the pre-COVID-19 norms? Nobody knows. But we cannot plan on the basis that it will. Instead, we need to plan ahead and put in the necessary measures so that we can hold elections safely even under the new and evolving COVID-19 norms.

This Bill allows the Elections Department to implement temporary arrangements to ensure the safety of voters, candidates and election officials should the next General Election take place under the COVID-19 situation. This is the responsible thing to do – to consider the prevailing circumstances and plan as robustly as possible – so that we can take care of the well-being of Singaporeans while upholding democracy in Singapore.

With that, Mr Speaker, Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. – [Mr Chan Chun Sing].

Bill considered in Committee, reported without amendment; read a Third time and passed.

Mr Speaker: Leader.