PART 2 | OVERSEAS POLLING STATIONS |
| Division 1 — Overseas election officers |
| 3. Section 36 of the Act (presiding officers) does not apply in relation to an overseas polling station. |
| Assignment of Assistant Returning Officer |
4.—(1) Subject to regulation 6, the Returning Officer must assign an Assistant Returning Officer to each overseas polling station.(2) If at any time the Assistant Returning Officer for an overseas polling station becomes unable to act, he or she must —| (a) | notify the Returning Officer without delay; and | | (b) | appoint a presiding officer for that overseas polling station to act for him or her until an assignment is made under paragraph (3) or until he or she is again able to act. |
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| (3) After being notified under paragraph (2)(a), the Returning Officer must assign another Assistant Returning Officer to that overseas polling station. |
| (4) A reference to an Assistant Returning Officer in this Part includes a reference to a presiding officer appointed under paragraph (2)(b) to act for an Assistant Returning Officer. |
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| Assignment of presiding officers, etc. |
5.—(1) Subject to regulation 6, the Returning Officer must assign to each overseas polling station —| (a) | one or more presiding officers; and | | (b) | one or more persons to be responsible for maintaining order within the overseas polling station. |
| (2) If more than one presiding officer is assigned to an overseas polling station, the Returning Officer must appoint a senior presiding officer from among the presiding officers assigned to that overseas polling station. |
(3) If at any time a presiding officer for an overseas polling station becomes unable to act, he or she must —| (a) | notify the Assistant Returning Officer for that overseas polling station without delay; and | | (b) | appoint another person to act for him or her until an assignment is made under paragraph (4) or until he or she is again able to act. |
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| (4) After being notified under paragraph (3)(a), the Assistant Returning Officer for that overseas polling station must assign another presiding officer to that overseas polling station. |
(5) Without affecting paragraph (3) or (4), if at any time a senior presiding officer for an overseas polling station becomes unable to act —| (a) | the senior presiding officer must also appoint a senior presiding officer from among the presiding officers assigned to that overseas polling station until an appointment is made under sub‑paragraph (b) or until he or she is again able to act; and | | (b) | the Assistant Returning Officer must also appoint a senior presiding officer from among the presiding officers assigned to that overseas polling station. |
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| (6) A reference to a presiding officer in this Part includes a reference to a person appointed under paragraph (3)(b) to act for a presiding officer. |
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| Persons who cannot be overseas election officers |
6. The following persons must not be appointed as, assigned as or authorised to be an overseas election officer:| (a) | an Ambassador, High Commissioner, Consul‑General or Consul, who is not a public officer; | | (b) | a person who has served in Parliament in the session immediately before the election or in the session in progress at the time of the election; | | (c) | a person who is not a citizen of Singapore. |
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| Duties of Assistant Returning Officer |
7. An Assistant Returning Officer for an overseas polling station —| (a) | is responsible, under the general direction of the Returning Officer, for the preparation for and conduct of a poll at the overseas polling station; and | | (b) | may preside at the overseas polling station. |
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| Duties of presiding officers |
8.—(1) A senior presiding officer for an overseas polling station must exercise general supervision over —| (a) | all other presiding officers appointed or assigned to that overseas polling station; and | | (b) | all arrangements for the conduct of the poll at that overseas polling station. |
(2) A presiding officer for an overseas polling station under regulation 5(1)(a) must —| (a) | keep order in the overseas polling station; | | (b) | regulate the number of voters to be admitted to that overseas polling station at a time; | | (c) | ensure that a person is excluded from that overseas polling station if the person is not authorised by the Act or these Regulations to be present during a poll at that overseas polling station; | | (d) | supervise the conduct of the poll at that overseas polling station; and | | (e) | keep the Assistant Returning Officer for that overseas polling station informed of any matter that adversely affects, or is likely to adversely affect, the orderly conduct of the poll at that overseas polling station. |
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| (3) A presiding officer for an overseas polling station must perform his or her duties in accordance with the general direction of the Assistant Returning Officer for that overseas polling station. |
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9.—(1) An overseas election officer for an overseas polling station must, before assuming duties at that overseas polling station, make an oath of secrecy in accordance with section 56(1) of the Act.| (2) The Assistant Returning Officer for an overseas polling station must, after the notice of contested election is published in the Gazette, send his or her oath and the documents containing the oaths of every overseas election officer for that overseas polling station to the Returning Officer in Singapore. |
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| Division 2 — Election materials |
| List of overseas electors |
10.—(1) The Returning Officer must cause to be prepared for each overseas polling station a list of overseas electors.| (2) The list of overseas electors for an overseas polling station must set out the names and descriptions of the electors allotted to that overseas polling station, as extracted from the relevant certified registers of electors. |
| (3) Every list of overseas electors must be certified by the Registration Officer on or before nomination day. |
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| Delivery and safekeeping of election materials |
11.—(1) The Returning Officer must cause to be delivered to each overseas polling station —| (a) | sufficient quantities of election materials; and | | (b) | the necessary instructions, |
| for the overseas election officers for the overseas polling station to perform their duties. |
| (2) The election materials and instructions must be delivered to the Assistant Returning Officer for an overseas polling station before voting begins at the overseas polling station. |
(3) Without limiting paragraph (1)(a), the following election materials must be delivered:| (a) | the list of overseas electors for that overseas polling station; | | (b) | enough ballot papers for the overseas electors appearing on that list of overseas electors; | | (c) | the necessary materials for the overseas electors to mark their votes on the ballot papers; | | (d) | one or more ballot boxes; | | (e) | the form of the oaths or declarations to be administered to the overseas electors; | | (f) | the necessary envelopes, forms and any other supplies that may be authorised or provided by the Returning Officer in connection with the conduct of a poll at the overseas polling station. |
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(4) Until the poll opens at an overseas polling station, the Assistant Returning Officer for that overseas polling station —| (a) | is responsible for all election materials in his or her possession; and | | (b) | must take every precaution to safekeep those materials and to prevent any person from having unlawful access to those materials. |
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| Division 3 — Conduct of poll and voting |
| Application of Act subject to this Part |
12. Subject to the provisions of this Part, a poll and voting at an overseas polling station must be conducted, as far as practicable —| (a) | in the same manner as that in which a poll and voting at an ordinary polling station on polling day in Singapore is conducted; and | | (b) | without limiting paragraph (a), in accordance with the following provisions of the Act:| (i) | section 37 (facilities to be provided at polling stations); | | (ii) | section 38 (registers of electors to be conclusive evidence of right to vote); | | (iii) | section 40 (poll by ballot and ballot papers); | | (iv) | section 40A (candidates’ photographs on ballot papers); | | (v) | section 41 (ballot boxes); | | (vi) | section 42 (except subsections (2A) and (8)) (manner of voting); | | (vii) | section 44 (declarations by voters); | | (viii) | section 45 (spoilt ballot papers); | | (ix) | section 46 (tendered votes); | | (x) | section 47 (closing of poll). |
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| Facilities to be provided at overseas polling station |
13.—(1) For an overseas polling station, the notice of the poll mentioned in section 37(1) of the Act for an election must contain the following information for each candidate at the election:| (a) | the name of the candidate in English, Malay, Chinese and Tamil; | | (b) | the symbol allotted to the candidate, or the group of candidates comprising the candidate, under section 34 or 34A of the Act, as the case may be; | | (c) | the name of the political party (if any) for which the candidate is standing at the election, in English, Malay, Chinese and Tamil; | | (d) | if the photograph of the candidate is included on the ballot papers for the election under section 40A(1) of the Act — that photograph; | | (e) | if the photograph of the candidate is not included on the ballot papers for the election (by reason of non‑compliance with section 40A(1) of the Act) — a note that there is no photograph for the candidate. |
(2) The names of the candidates at the election must be arranged on the notice —| (a) | if the election is in a group representation constituency — in the same order as they are arranged on the ballot papers for the election under section 40(3)(a) and (aa) of the Act; or | | (b) | in any other case — in the same order as they are arranged on the ballot papers for the election under section 40(2)(a) of the Act. |
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| (3) For the purposes of section 37(7) of the Act, the facilities provided at an overseas polling station must include one or more voting compartments designed for each overseas elector to mark his or her ballot paper screened from observation and without interference or interruption. |
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| Who may vote at overseas polling station |
14.—(1) A person must not vote at an overseas polling station unless his or her name appears in the list of overseas electors for that overseas polling station.| (2) However, if an overseas elector is serving as an overseas election officer at an overseas polling station, the Returning Officer may authorise the elector to vote at that overseas polling station. |
(3) The authorisation must be in the form of a certificate, which must —| (a) | be signed by the Returning Officer; and | | (b) | state —| (i) | the name of the elector and his or her number and description, as stated in the relevant certified register of electors; and | | (ii) | the fact that the elector is serving as an overseas election officer at that overseas polling station. |
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| (4) Section 39(1A) of the Act does not apply in relation to an overseas polling station. |
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| Admission to overseas polling station |
15.—(1) Section 39(6) of the Act does not apply in relation to the conduct of polls in overseas polling stations.(2) Subject to this regulation, the only persons who may be present in an overseas polling station during the hours of the poll at that overseas polling station are —| (a) | the overseas election officers for that overseas polling station; | | (b) | the candidates; | | (c) | the polling agents of the candidates; | | (d) | an overseas elector allotted to vote at that overseas polling station; and | | (e) | any other person whom the Returning Officer authorises to be present. |
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| (3) A person required by section 56(1) of the Act, read with regulation 9, to make an oath of secrecy before attending at a polling station must not be admitted to an overseas polling station unless he or she has made that oath. |
(4) For the purposes of section 39(5) of the Act, the maximum number of polling agents who may be admitted to an overseas polling station at any time (regardless of the number of polling places within the overseas polling station) is —| (a) | in the case of a general election —| (i) | one polling agent for each political party that has one or more candidates in a contested election at the general election; | | (ii) | one polling agent for each group of independent candidates in a contested election at the general election; and | | (iii) | one polling agent for each independent candidate (not being part of a group of candidates) in a contested election at the general election; or |
| | (b) | in the case of a by‑election —| (i) | one polling agent for each political party that has a candidate in the by‑election; | | (ii) | one polling agent for each group of independent candidates in the by‑election; and | | (iii) | one polling agent for each independent candidate (not being part of a group of candidates) in the by‑election. |
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(5) A polling agent of a candidate must not be admitted to an overseas polling station unless the relevant person provides the following information in writing to the Returning Officer no later than 2 clear days before polling day:| (a) | the polling agent’s full name (as stated in his or her identity card) and identity card number; | | (b) | a statement that the polling agent is appointed for the overseas polling station. |
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(6) For the purpose of paragraph (5), the relevant person for a polling agent of a candidate is —| (a) | in the case of a candidate for a political party — the responsible officer of the political party; | | (b) | in the case of a group of independent candidates —| (i) | a candidate in the group; | | (ii) | the election agent of a candidate in the group; or | | (iii) | the principal election agent of the group; or |
| | (c) | in the case of an independent candidate (not being part of a group of candidates) —| (i) | the independent candidate; or | | (ii) | the election agent of the independent candidate. |
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| (7) Section 64(1)(c) and (1A) of the Act does not apply in relation to the admission of a polling agent of a candidate to an overseas polling station. |
(8) A person who arrives at an overseas polling station to vote must —| (a) | give his or her name to the presiding officer; and | | (b) | on request, give his or her name to a polling agent of the candidate. |
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(9) A person must not be given a ballot paper, or be admitted to vote, at an overseas polling station if he or she refuses to —| (a) | comply with paragraph (8); or | | (b) | answer any question, asked by an overseas election officer for that overseas polling station, about the person’s entitlement to vote at that overseas polling station. |
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| (10) A presiding officer at an overseas polling station must ensure that a person seeking to enter the overseas polling station to vote is admitted if the person is entitled to vote at that overseas polling station. |
(11) In paragraph (6)(a), “responsible officer”, in relation to a political party, means —| (a) | if the political party is a partnership or limited partnership (but not a limited liability partnership) — a partner of the partnership; | | (b) | if the political party is a body corporate — the chairperson, managing director, company secretary or any other similar officer of the body corporate, or any person carrying out the duties of any of these officers; or | | (c) | if the political party is an unincorporated body of persons other than a partnership —| (i) | the president, secretary, treasurer or any other similar officer of the executive committee of the unincorporated body of persons, or any person carrying out the duties of any of these officers; or | | (ii) | if the unincorporated body of persons has no executive committee, the individual notified by the unincorporated body of persons to the Returning Officer as a responsible officer. |
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| Poll to be by ballot and ballot papers |
| 16. A poll at an overseas polling station must not use a DRE voting system. |
17. The presiding officer at an overseas polling station must, in addition to complying with section 41(2) of the Act (procedure before commencement of poll), also —| (a) | place the sealed or locked ballot box on a table in full view of all persons present; and | | (b) | ensure that the box remains there until that overseas polling station closes. |
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18.—(1) Section 42(2A) of the Act (procedure before delivering ballot paper) does not apply in relation to the conduct of polls in overseas polling stations.| (2) After a voter gives his or her name to the presiding officer at an overseas polling station under regulation 15(8)(a), the presiding officer must ascertain if the number, name and description of the voter appear on the list of overseas electors for that overseas polling station. |
(3) If the number, name and description of the voter appear on the list of overseas electors for that overseas polling station, the presiding officer must comply with the following procedures before delivering a ballot paper to the voter:| (a) | call out the voter’s name, number, electoral division and polling district code, as stated in the list; | | (b) | mark the number of the elector as stated in the list on the counterfoil of the ballot paper; | | (c) | mark the list to indicate that the elector has received a ballot paper but without indicating the particular ballot paper that was received; | | (d) | unless the complete official mark has already been pre‑printed or affixed to the ballot paper, either —| (i) | initial the ballot paper; or | | (ii) | affix, stamp or mark (by writing or otherwise) the ballot paper in the approved manner with the official mark (or the remaining part thereof) for the authentication of the ballot paper. |
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| (4) Despite section 42(3) of the Act, the presiding officer may, if he or she considers it advisable, regulate the number of voters in the room where the voting is held such that the number of voters in that room at any one time does not exceed the number of voting compartments in that room. |
(5) For the purposes of section 42(7) of the Act —| (a) | the directions for the guidance of voters —| (i) | are set out in the First Schedule; and | | (ii) | must be exhibited both immediately before and during the hours of the poll at an overseas polling station; and |
| | (b) | the form set out in the Second Schedule to the Act does not apply in relation to an overseas polling station. |
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| 19. An overseas elector must not be given more than one other ballot paper under section 45(1) of the Act. |
| 20. In its application in relation to an overseas polling station, section 46(1) of the Act is to be read as if the reference to “the register” is a reference to the list of overseas electors for that overseas polling station. |
| Procedure on closing of poll |
21.—(1) Section 48 of the Act (procedure on closing of poll) does not apply in relation to the conduct of polls in overseas polling stations.(2) As soon as practicable after the close of the poll at an overseas polling station, every presiding officer for that overseas polling station must, in the presence of all the candidates and their polling agents who are present —| (a) | make up into separate packets —| (i) | the unused and spoilt ballot papers placed together; | | (ii) | the list of overseas electors; | | (iii) | the counterfoils of the ballot papers; and | | (iv) | the tendered votes list; and |
| | (b) | seal each packet with the presiding officer’s own seal and the seals of the candidates or their polling agents if they desire to affix their seals. |
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(3) Each ballot box within the overseas polling station must —| (a) | remain unopened; | | (b) | be secured by the Assistant Returning Officer; and | | (c) | be sealed with —| (i) | the seal supplied by the Returning Officer; and | | (ii) | the seals of any of the candidates or their polling agents who are present and who wish to affix their seals, |
| in a manner that the box cannot be opened and nothing can be inserted into the box without breaking the seals. |
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| (4) The Assistant Returning Officer in charge of an overseas polling station must without delay despatch every packet mentioned in paragraph (2) and every sealed ballot box in safe custody to the Returning Officer in Singapore by any means approved by the Returning Officer. |
(5) Until their despatch to the Returning Officer in Singapore, the Assistant Returning Officer in charge of the overseas polling station —| (a) | is responsible for all the sealed packets mentioned in paragraph (2) and every sealed ballot box in his or her possession; and | | (b) | must take every precaution for the safekeeping of those packets and ballot boxes and to prevent any person from having unlawful access to them. |
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| Supplementary provisions about polling agents |
22.—(1) A polling agent of a candidate may, during the hours of the poll at an overseas polling station, examine a copy of the list of overseas electors for the overseas polling station.| (2) A polling agent of a candidate must not use any communications device within an overseas polling station during the hours of the poll at that overseas polling station. |
| (3) The absence of any polling agent of a candidate at an overseas polling station at any time does not invalidate any act or thing done during the absence of the polling agent if the act or thing is otherwise duly done. |
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