31. Subject to the provisions of this Part, the counting of votes cast by overseas electors must be conducted, as far as practicable —
(a)
in the same manner as that in which counting of votes cast at ordinary polling stations is conducted; and
(b)
without limiting paragraph (a), in accordance with sections 49(1), (3), (4A), (4B), (5) and (6) and 50 (except subsection (1)(a)) of the Act.
Custody of overseas votes
32. The Returning Officer must ensure that —
(a)
every ballot box arriving in Singapore from an overseas polling station in an election; and
(b)
every return envelope received by the Returning Officer in Singapore that contains, or purports to contain, a postal ballot paper,
is kept in safe custody and delivered unopened to the counting place for overseas votes.
Maximum number of counting agents
33.—(1) Section 49(2) of the Act (number of counting agents) does not apply in relation to the counting of votes cast at overseas polling stations and by the postal voting method.
(2) For the purposes of section 56D(5) of the Act, the maximum number of counting agents that may be appointed under section 49(1) of the Act to attend at each counting place for overseas votes is —
(a)
in the case of a general election —
(i)
5 counting agents for each political party that has one or more candidates in a contested election at the general election;
(ii)
5 counting agents for each group of independent candidates in a contested election at the general election; and
(iii)
5 counting agents 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)
5 counting agents for each political party that has a candidate in the by‑election;
(ii)
5 counting agents for each group of independent candidates in the by‑election; and
(iii)
5 counting agents for each independent candidate (not being part of a group of candidates) in the by‑election.
Maximum number of representatives at areas demarcated for pre‑count examination of postal voting papers
34.—(1) The Returning Officer may demarcate, within a counting place for overseas votes, one or more areas for conducting pre‑count examination of postal voting papers.
(2) If 3 or fewer areas are demarcated, the maximum number of representatives in those areas at any one time is —
(a)
in the case of a general election —
(i)
4 representatives for each political party that has one or more candidates in a contested election at the general election;
(ii)
4 representatives for each group of independent candidates in a contested election at the general election; and
(iii)
4 representatives 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)
4 representatives for each political party that has a candidate in the by‑election;
(ii)
4 representatives for each group of independent candidates in the by‑election; and
(iii)
4 representatives for each independent candidate (not being part of a group of candidates) in the by‑election.
(3) If 4 or more areas are demarcated, the maximum number of representatives in each of those areas at any one time is —
(a)
in the case of a general election —
(i)
one representative for each political party that has one or more candidates in a contested election at the general election;
(ii)
one representative for each group of independent candidates in a contested election at the general election; and
(iii)
one representative 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 representative for each political party that has a candidate in the by‑election;
(ii)
one representative for each group of independent candidates in the by‑election; and
(iii)
one representative for each independent candidate (not being part of a group of candidates) in the by‑election.
(4) In this regulation, “representative” means —
(a)
in relation to a political party — a candidate of the political party or a counting agent for the political party;
(b)
in relation to a group of independent candidates — an independent candidate in the group or a counting agent for the group; or
(c)
in relation to an independent candidate (not being part of a group of candidates) — the independent candidate or a counting agent for the independent candidate.
Supplementary provisions for authenticating postal voting papers during pre‑count examination
35.—(1) During the pre‑count examination of postal voting papers under section 56C of the Act, the Returning Officer may use the information contained in the QR code on an envelope to verify whether or not —
(a)
it is a return envelope issued under regulation 26 or 27; and
(b)
the signature on the envelope in the area demarcated for the purpose mentioned in regulation 28(1)(e) substantially matches the signature of a postal elector.
(2) If the Returning Officer is not satisfied that —
(a)
the return envelope is issued under regulation 26 or 27; or
(b)
the signature on the return envelope is substantially identical to the wet‑ink signature of a postal elector submitted to the Registration Officer under the Parliamentary Elections (Registration of Overseas Electors) Regulations 2023,
the Returning Officer —
(c)
must disallow the return envelope (and any postal ballot paper inside) from being counted; but
(d)
must not open the return envelope.
Opening of ballot boxes from overseas polling stations
36.—(1) Section 49(4) of the Act (opening of ballot boxes) does not apply in relation to the counting of votes cast at overseas polling stations and by the postal voting method.
(2) Without affecting section 56C(1) of the Act and before starting the counting of any votes cast in overseas polling stations, the Returning Officer or a person authorised by him or her must, at the counting place for overseas votes and in the presence of such of the candidates and their counting agents as are in attendance, carry out the following:
(a)
arrange all the ballot boxes received according to their overseas polling stations;
(b)
subject to paragraph (3), open every ballot box from each overseas polling station that is received;
(c)
take all the ballot papers out from the opened ballot boxes.
(3) The Returning Officer must not open any ballot box from an overseas polling station that reaches the custody of the Returning Officer in Singapore after the deadline specified in section 56D(3) of the Act.
Counting of votes by overseas electors
37. Subject to section 56D of the Act (counting of votes by overseas electors), the Returning Officer or a person authorised by him or her must —
(a)
in counting the votes cast at all overseas polling stations —
(i)
mix together all ballot papers in the opened ballot boxes from all overseas polling stations; and
(ii)
in the case of a general election — separate the ballot papers mixed under sub‑paragraph (i) into the respective electoral divisions to which the ballot papers relate; and
(b)
in counting the votes cast by the postal voting method in a general election — after the pre‑count examination of the postal ballot papers, separate the postal ballot papers into the respective electoral divisions to which the postal ballot papers relate.
Recounting of overseas votes
38.—(1) This regulation applies if the Returning Officer made a declaration under section 49(7)(b) or (7E)(b) of the Act in an election in an electoral division.
(2) The Returning Officer must conduct a recount of the votes cast by overseas electors at the election if the difference between the following is 2% or less of the total number of votes cast by all electors (excluding rejected votes and tendered votes) at the election:
(a)
the total number of votes given by all electors to the candidate or group of candidates with the most votes;
(b)
the total number of votes given by all electors to any other candidate or group of candidates.
No official mark for postal ballot papers
39. Section 50(1)(a) of the Act does not apply to or in relation to a postal ballot paper.