Cooling-Off Day rules: What you can & cannot do 1 day before Polling Day

Take note.

Syahindah Ishak | July 09, 2020, 01:42 PM

Cooling-Off Day (a.k.a. the eve of Polling Day) falls on Thursday, July 9, 2020.

It was first instituted in the 2011 election to let voters reflect rationally on various issues raised at an election before going to the polls.

On Wednesday (July 8) night, the Elections Department (ELD) has issued a reminder on the dos and don'ts of Cooling-Off Day.

No campaigning

Campaigning activities are strictly not allowed on Cooling-off Day. The same restrictions also apply on Polling Day.

Some of the campaign activities which are prohibited include:

  1. Online campaigning (livestreaming or any recordings of it, and uploading/posting new election advertising online).
  2. Distribution of flyers whether through physical or electronic means, or visiting homes and workplaces in connection with the election.
  3. Conducting programmatic advertising (using technology to automatically deliver digital ads online and on social media platforms).
  4. Wearing, using, carrying or displaying of any political propaganda (such as a badge, apparel, symbol, rosette, favour, set of colours, flag, advertisement, handbill, placard, poster or replica of a voting paper) by any person or on any motorcar, truck or other vehicle.
  5. Conducting campaign walkabouts.
  6. Using perambulating vehicles for campaigning.

No new election ads

Any new election advertising are also prohibited at on Cooling-off Day and Polling Day.

According to ELD, election advertising refers to any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that has the intention to:

  • promote the electoral success at any election for one or more identifiable political parties and candidates.
  • prejudice the electoral prospects of other political parties and candidates.
  • enhance the standing of any such political parties and candidates with the electorate.
  • prejudice the standing of other political parties and candidates with the electorate.

The types of election advertising that are prohibited include:

  1. Knowingly publishing or knowingly permitting to publish any new election advertising in the electoral division (including making changes to any existing election advertising published before Cooling-off Day).
  2. Knowingly displaying or knowingly permitting to be display any election advertising on any vehicle, thing or structure within the electoral division or adjoining the electoral division.

    However, these are some exceptions to the prohibitions of knowingly publishing or displaying election advertising:

    1. Reports in the newspapers, on radio and television relating to election matters.
    2. Party Political Broadcasts scheduled from 8pm onwards on Cooling-off Day.
    3. Approved posters/banners lawfully displayed before the start of Cooling-off Day.
    4. Election advertising that was lawfully displayed or published before the start of Cooling-off Day on the internet and was not changed after its publication.
    5. Distribution or promotion of the sale of any book if the book was scheduled for publication independent of the election and is not sold at less than its commercial value.
    6. The transmission of personal political views by an individual to another individual, on a non-commercial basis, using the internet, telephone or electronic means.

    ELD also stated that participants of chat groups/channels or webinars involving more than two participants on platforms such as WhatsApp, Telegram and Zoom must not publish any election advertising in these media.

    The moderators of these groups/channels or webinars are required to take all reasonable steps to remove any election advertising once they are aware of them.

    No statements about police reports made against candidates

    Public statements to draw public attention to the fact that police reports against candidates have been lodged were quite common during this election campaign period.

    Such statements should not be made on Cooling-off Day and Polling Day as they can easily be regarded as intended to prejudice the electoral prospects of those candidates.

    ELD also reminded candidates and their supporters to fully abide by all relevant laws on Cooling-off Day and Polling Day.

    Candidates should be mindful of how they conduct themselves in public and exercise due care to avoid any action that may be perceived as campaigning.

    The publication of election surveys and exit polls is also prohibited before the closing of all polling stations.

    Top image by Mothership.