Parliamentary Elections (COVID-19 Special Arrangements) Bill

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.

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, 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.*