8. The principal Rules are amended by inserting, immediately after rule 34, the following Part:“PART VA 34A.—(1) Subject to paragraphs (2), (3) and (4), these Rules shall apply to a poll using an electronic polling system as it applies to a poll not using an electronic polling system.(2) Subject to paragraphs (3) and (4), rules 19 to 30 (except rule 26A) shall not apply to a poll using an electronic polling system. |
(3) Rules 34B to 34H shall only apply to a poll using an electronic polling system. |
(4) Where pursuant to rule 34D a poll is conducted in part using an electronic polling system and in part using polling papers —(a) | these Rules (as applicable to a poll using an electronic polling system) shall apply, with the necessary modifications, to the portion of the poll using an electronic polling system; and | (b) | these Rules (as applicable to a poll not using an electronic polling system) shall apply, with the necessary modifications, to the portion of the poll using polling papers. |
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Preliminary requirements for electronic polling |
34B.—(1) The Board may conduct a poll under section 65C of the Act using an electronic polling system if the Board is satisfied that the electronic polling system —(a) | permits each voter to vote for or against any proposal regarding general upgrading works, specified upgrading works or special upgrading works (as the case may be); | (b) | accurately counts all votes cast and the value in those votes for and against any proposal regarding general upgrading works, specified upgrading works or special upgrading works (as the case may be); | (c) | is safe from fraudulent or unauthorised manipulation or operation; | (d) | ensures that all polling data stored in the electronic polling machines to be used in the poll can be restored in the event of malfunction of the electronic polling machines or electrical power surges or outages; and | (e) | is capable of providing records from which the operation of the electronic polling system may be audited and for verification of the accuracy of the polling data stored in the electronic polling machines. |
(2) Before the commencement of the poll, the chief polling officer shall, in the presence of one or more scrutineers, carry out or cause to be carried out such inspection or tests as may be necessary to verify that every electronic polling machine and electronic polling equipment to be used at the poll is in proper order. |
(3) If the chief polling officer is satisfied that any such electronic polling machine and electronic polling equipment are in proper order for use at the poll, he shall seal with his seal and secure the electronic polling machine and electronic polling equipment against use and store them in safe custody until the commencement of the poll. |
(4) If the scrutineers are satisfied as to the matters in paragraphs (1), (2) and (3), they shall add their seal to the electronic polling machines and electronic polling equipment sealed by the chief polling officer under paragraph (3). |
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Procedure on commencement of electronic polling |
34C. Immediately before the commencement of the poll on the first polling day, the chief polling officer shall, in the presence of one or more scrutineers —(a) | ensure that every electronic polling machine and electronic polling equipment to be used at the poll is still sealed and secured against use; | (b) | set up the approved electronic polling machine and electronic polling equipment for use at the poll; and | (c) | inspect and test each electronic polling machine and electronic polling equipment for use at the poll to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly. |
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Malfunction of electronic polling machine or electronic polling equipment |
34D.—(1) The chief polling officer shall monitor or cause to be monitored the electronic polling machines and electronic polling equipment for tampering and damage or any malfunction while voting is in progress. (2) If at any time the chief polling officer determines that the electronic polling machines or electronic polling equipment for use at the poll cannot be replaced or repaired promptly and that polling cannot be continued using the available electronic polling machines and electronic polling equipment without interfering substantially with the orderly conduct of the poll, the chief polling officer shall —(a) | if polling has already commenced, halt polling; and | (b) | make such necessary arrangements for polling —(i) | to commence or resume, as the case may be, on the same day using either the electronic polling system or polling papers in accordance with these Rules; or | (ii) | to be adjourned and to re-open on the next polling day of the poll specified in a notice under rule 17 or 17A, as the case may be, using either the electronic polling system or polling papers in accordance with these Rules. |
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(3) If the chief polling officer halts polling pursuant to paragraph (2)(a), he shall as soon as possible —(a) | obtain such reports or data relating to the poll as may be necessary to determine the polling data stored in the electronic polling machines at the time when the polling is halted, and place the reports and data in an envelope and seal the envelope with his seal in such a manner that nothing can be inserted or removed from the envelope without breaking the seal; | (b) | if any electronic polling machine or electronic polling equipment needs to be repaired, cause the electronic polling machine or electronic polling equipment to be repaired; and | (c) | seal and secure the electronic polling machines and electronic polling equipment against use. |
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(4) The chief polling officer shall take all proper precautions for the security of the envelope referred to in paragraph (3)(a) and the contents therein. |
(5) Where after the poll has been conducted using polling papers pursuant to paragraph (2)(b), the chief polling officer determines that the electronic polling machines and electronic polling equipment are in order for use in the poll, he may —(a) | halt polling using polling papers; and | (b) | resume or re-open polling using the electronic polling system. |
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(6) If the chief polling officer halts polling using polling papers pursuant to paragraph (5)(a), he shall comply with rules 25 to 29 in respect of the polling conducted on that polling day using polling papers, as though the poll had been adjourned. |
(7) For the avoidance of doubt, if polling resumes or re-opens using the electronic polling system pursuant to paragraph (2)(b) or (5)(b), the chief polling officer shall immediately before the poll resumes or re-opens, as the case may be, in the presence of one or more scrutineers —(a) | unseal and unsecure the electronic polling machines and electronic polling equipment for use at the poll; | (b) | ensure that polling data stored in the electronic polling machines is consistent with the reports and data referred to in paragraph (3)(a) and the daily statements of the poll relating to all the polling days of the poll up to the resumption or re-opening of polling referred to in this paragraph; and | (c) | verify that the electronic polling machines and electronic polling equipment to be used in the poll are in order. |
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(8) If the scrutineers are satisfied as to the matters in paragraph (7), they shall certify accordingly in Form 4A in the Schedule. |
(9) For the avoidance of doubt, paragraphs (7) and (8) shall apply instead of rule 34F to the re-opening of a poll using the electronic polling system pursuant to paragraph (2)(b) or (5)(b). |
(10) Paragraphs (3)(c) and (7)(a) shall not apply to any electronic polling machine or electronic polling equipment that is to be used for polling immediately after it is repaired pursuant to paragraph (3)(b). |
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Procedure on adjournment or closing of electronic poll |
34E.—(1) As soon as practicable after the poll is adjourned on each polling day or closed on the last polling day, the chief polling officer shall —(a) | prepare a daily statement of the poll and such other reports and data relating to the poll as may be necessary to determine the polling data stored in the electronic polling machines at the adjournment or closing of the poll; | (b) | place the documents, reports and data referred to in sub-paragraph (a) in an envelope and seal the envelope with his seal in such a manner that nothing can be inserted or removed from the envelope without breaking the seal; | (c) | place the envelope referred to in sub-paragraph (b), the marked copies of the register or registers (including any special register) and the list of proxies, in a container which shall then be sealed by the chief polling officer in such a manner that nothing can be inserted or removed from the container without breaking the seal; and | (d) | except on the last polling day, seal and secure the electronic polling machine against use. |
(2) The chief polling officer shall take all proper precautions for the security of the envelopes and containers referred to in paragraph (1)(c) and the contents therein. |
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Procedure on re-opening of electronic poll |
34F.—(1) Immediately before the poll re-opens on any subsequent polling day, the chief polling officer shall, in the presence of one or more scrutineers —(a) | unseal and unsecure the electronic polling machines and electronic polling equipment for use at the poll; | (b) | verify that the polling data stored on the electronic polling machines is consistent with reports and data referred to in rule 34E(1)(a) and the daily statements of the poll relating to all the previous polling days of the poll; and | (c) | verify that the electronic polling machines and electronic polling equipment to be used in the poll are in order. |
(2) If the scrutineers are satisfied as to the matters in paragraph (1), they shall certify in Form 4 in the Schedule that the daily statement of the poll is correctly set out. |
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Verification of polling data |
34G.—(1) For the purposes of verifying the polling data stored on any electronic polling machine in accordance with rule 34D(7)(b) or 34F(1)(b), the chief polling officer may (in the presence of one or more scrutineers) break the seal of any envelope or container referred to in paragraph (2) or rule 29(2), 34D(3)(a) or 34E(1)(b) or (c), and inspect the contents therein relating to the poll.(2) The chief polling officer shall, after inspecting the contents of any such envelopes or containers opened pursuant to paragraph (1), place the contents in envelopes or containers, as appropriate, and seal the envelopes or containers with his seal in such a manner that nothing can be inserted or removed from the envelopes or containers without breaking the seal. |
(3) The chief polling officer shall take all proper precautions for the security of the envelopes and containers and the contents therein. |
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Voting after adjournment or closing of poll |
34H. A voter entitled to vote at a poll shall be allowed to record his vote at the poll after the hour fixed for the adjournment or closing of the poll if the voter was within the polling place at that hour. |
34I. Where a voter, having marked or recorded his vote using an electronic polling system in a primary poll, leaves the polling place without marking or recording his vote in a secondary poll or special poll (in which he is entitled to vote) being conducted together with the primary poll, his vote in the secondary poll or special poll (as the case may be) shall be deemed to be rejected as invalid.”. |
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