PART IV | 13. An overseas elector shall record his vote at an election in person. |
| 14. Subject to section 39A(2) of the Act, the Returning Officer may set the voting hours for any overseas polling station. |
| Division 2 — Authorised persons |
| Who may be present at overseas polling station |
15.—(1) Subject to paragraph (2) and the taking of an oath of secrecy under section 56(1) of the Act, the only persons who may be present at an overseas polling station during the voting hours of the poll for any election or elections are —| (a) | the Assistant Returning Officer; | | (b) | the presiding officers, clerks, interpreters and information officers; | | (c) | the candidates; | | (d) | not more than the following polling agents at any time, regardless of the number of polling places within the overseas polling station:| (i) | one polling agent for each political party contesting the election or, where the poll is at a general election, the general election; or | | (ii) | one polling agent for each independent candidate or group of independent candidates, as the case may be, contesting the election or, where the poll is at a general election, the general election, |
| provided that the polling agent’s name has been notified in accordance with paragraph (2) and regulation 16(4) is complied with; |
| | (e) | an overseas elector allotted to vote at that overseas polling station; and | | (f) | any other person whom the Returning Officer or Assistant Returning Officer authorises to be present. |
(2) Before any polling agent of a candidate or group of candidates may be admitted to an overseas polling station, his name and appointment to act as such a polling agent in the overseas polling station must be given in writing to the Returning Officer by either —| (a) | the election agent of the relevant independent candidate, or the principal election agent of the relevant group of independent candidates, as the case may be, contesting the election or, where the poll is at a general election, the general election; or | | (b) | the responsible officer of the relevant political party contesting the election or, where the poll is at a general election, the general election, |
| no later than 2 clear days before the start of the poll at that overseas polling station. |
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| (3) Any polling agent who is appointed by the responsible officer of a political party shall, for the purposes of these Regulations, be deemed to be the polling agent of each candidate and each group of candidates standing for that political party. |
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16.—(1) A polling agent of a candidate or group of candidates may during the voting hours at an overseas polling station examine the list of overseas electors allotted to vote at that overseas polling station, provided that the polling agent does not delay a voter in casting his vote.| (2) A polling agent of a candidate or group of candidates shall not use any communications device at an overseas polling station during voting hours of the poll at that overseas polling station. |
| (3) The non-attendance of any polling agent of a candidate or group of candidates at an overseas polling station at any time does not in any way invalidate any act or thing done during the absence of the polling agent if the act or thing is otherwise duly done. |
(4) Before a polling agent of a candidate or group of candidates can be admitted to an overseas polling station, the polling agent must deliver to a presiding officer at the overseas polling station his oath of secrecy made under section 56(1) of the Act together with his written appointment from —| (a) | the election agent of the relevant independent candidate, or the principal election agent of the relevant group of independent candidates, as the case may be; or | | (b) | the responsible officer of the relevant political party. |
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| Division 3 — Commencement of poll |
| Examining and sealing ballot boxes |
17.—(1) The presiding officer at an overseas polling station shall, immediately before the commencement of the poll at that overseas polling station, and in full view of the candidates or their polling agents who are present in the overseas polling station —| (a) | show that each ballot box to be used at the commencement of the poll is empty; | | (b) | close the ballot box; | | (c) | ensure that the ballot box is sealed with the seals provided by the Returning Officer or locked in such a manner as to prevent it being opened without breaking the seal or lock; and | | (d) | place the sealed or locked ballot box on a table in full view of all present and ensure that the box remains there until the overseas polling station closes. |
| (2) The ballot boxes, after being sealed or locked in accordance with paragraph (1), shall be kept in the view of the presiding officer of the overseas polling station for the receipt of ballot papers and shall not be opened again until after the close of the poll and in accordance with Part V. |
| (3) Paragraphs (1) and (2) shall apply to every ballot box used during a poll at an overseas polling station and it shall be sufficient compliance with those paragraphs if a ballot box, other than a ballot box used at the commencement of a poll, is shown and sealed or locked in accordance with paragraph (1) before it is used. |
| (4) Immediately after the ballot box is sealed or locked in accordance with paragraph (1), the Assistant Returning Officer shall call on the electors to vote. |
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| Division 4 — Admitting voters |
| Modification of section 38: conclusive evidence to vote |
18.—(1) Where a poll is to be conducted at any overseas polling station in respect of any electoral division in which the election for a Member to represent the electoral division is contested, the list referred to in regulation 8(2)(d) extracted from the certified register of electors for that electoral division and containing the overseas electors allotted to vote at that particular overseas polling station (referred to in these Regulations as the list of overseas electors) shall be conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at that overseas polling station at the election.| (2) Without prejudice to the provisions of the Act, a person who, by reason of circumstances existing on the day of the election, is not, by virtue of the provisions of the Act, entitled to have his name entered or retained in any certified register of electors shall not be entitled to vote at any overseas polling station at the election. |
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| Modification of section 39(1A): certificate authorising certain persons to vote at overseas polling station |
19.—(1) Notwithstanding regulation 18, where an elector for any electoral division is employed as an overseas election officer, the Returning Officer may authorise the elector, by a certificate under his hand, to vote at the overseas polling station at which the elector so employed instead of the polling station in the electoral division allotted to him under section 36A(1) of the Act.| (2) The certificate referred to in paragraph (1) shall be given under the hand of the Returning Officer and shall state the name of the elector and his number, description in the register of electors, and the fact that he is so employed as an overseas election officer. |
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| Overseas elector not allowed to vote at another overseas polling station |
| 20. An overseas elector whose name appears on any list of overseas electors showing him to be allotted to vote at a particular overseas polling station shall be entitled and allowed to vote at that overseas polling station only and not at any other overseas polling station. |
| Electors not to be impeded |
21.—(1) The presiding officers at an overseas polling station shall ensure that every overseas elector entitled to vote at that overseas polling station is admitted to that overseas polling station.| (2) A presiding officer may, if he considers it advisable, direct that not more than one voter for each voting compartment may at any time enter the room where the voting is held. |
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| Elector to declare name, etc. |
22.—(1) On arriving at any overseas polling station intending to vote at an election, every voter who is an overseas elector —| (a) | shall give his name to the presiding officer; and | | (b) | shall, on request, give his name to a polling agent of the candidate. |
| (2) An Assistant Returning Officer, a presiding officer, candidate or candidate’s polling agent who has doubts concerning the identity of any person intending to vote may request that the person show satisfactory proof of his identity and if the Assistant Returning Officer or a presiding officer considers necessary, require the person to make and subscribe to the declaration referred to in section 44(1) of the Act. [S 234/2019 wef 01/04/2019] |
(3) A person who refuses —| (a) | to show satisfactory proof of identity; | | (b) | to make any declaration required by the Act or these Regulations; or | | (c) | to reply to a question regarding his entitlement to vote at any particular overseas polling station, |
| shall not receive a ballot paper or be admitted to vote or be again admitted to an overseas polling station. |
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| (4) Section 44(4) of the Act applies to a declaration made under paragraph (2) subject to the modification that the reference to a declaration in that section is a reference to a declaration required under that paragraph. [S 234/2019 wef 01/04/2019] |
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| Division 5 — Voting procedure |
23.—(1) Each overseas voter entitled to vote shall have only one vote.| (2) Upon a voter arriving at an overseas polling station giving his name to the presiding officer at that overseas polling station, the presiding officer shall 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 following procedures shall be observed before delivering any ballot paper to him:| (a) | the presiding officer must call out the name, number and the electoral division and polling district code of the voter as stated in the list of overseas electors for that overseas polling station; | | (b) | the number of the elector as stated in the list of overseas electors for that overseas polling station shall be marked on the counterfoil of the ballot paper; | | (c) | a mark shall be placed by the presiding officer in that list of overseas electors for that overseas polling station against the number of the elector to denote that he has received a ballot paper but without showing the particular ballot paper which he has received; and | | (d) | unless the complete official mark has already been pre-printed or affixed to the ballot paper, the presiding officer must either initial the ballot paper or 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) Subject to regulation 26, every elector who is admitted to vote at an overseas polling station shall be given not more than one ballot paper, which shall be given by a presiding officer or an overseas election officer acting under his authority at that overseas polling station, and no other. |
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24.—(1) An overseas elector shall, after receiving a ballot paper —| (a) | subject to regulation 27, proceed alone directly to such voting compartment as may be indicated by the presiding officer or by any person acting under that officer’s authority; | | (b) | subject to paragraph (1A), secretly mark the ballot paper as near as may be in accordance with the directions given for the guidance of voters under regulation 11; [S 234/2019 wef 01/04/2019] | | (c) | fold the ballot paper so as to conceal his vote; and | | (d) | put the ballot paper into the ballot box. |
| (1A) The overseas elector’s mark on the ballot paper must be made in the area demarcated on the ballot paper for that purpose, and not elsewhere. [S 234/2019 wef 01/04/2019] |
| (2) Every overseas elector shall vote without delay and leave the overseas polling station as soon as he has put his ballot paper into the ballot box. |
| (3) A presiding officer may, at any time while a poll at an overseas polling station is proceeding, take such steps as may be necessary to ensure that no voter delays unduly in any voting compartment reserved for the marking of ballot papers. |
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| Elector in whose name another has voted |
25.—(1) If a person asks for a ballot paper at an overseas polling station after someone else has voted under that person’s name, and the name of the person appears on the list of overseas elector for that overseas polling station, that person shall be entitled to receive a tendered ballot paper and to vote in the same manner as other voters, after he takes the oath of identity in Form 16 in the First Schedule to the Act and satisfies a presiding officer as to his identity and entitlement to vote at that overseas polling station.| (2) A tendered ballot paper shall be of a colour different from the other ballot papers used at a poll at overseas polling stations. |
| (3) A tendered ballot paper shall, before being placed in a ballot box, be endorsed by a presiding officer with the name of the voter and his number in the list of overseas electors, and that number shall be entered on a separate list (referred to in these Regulations as the tendered votes list). |
| (4) The tendered ballot papers referred to in this regulation shall be dealt with in the same manner as prescribed in regulation 32(4) and the Act for tendered ballot papers. |
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| Spoilt ballot papers, etc. |
26.—(1) If an overseas elector has inadvertently handled a ballot paper in such a manner that it cannot be used, the overseas elector shall return it to the Assistant Returning Officer or presiding officer who shall, on being satisfied that the ballot paper has been so inadvertently handled —| (a) | mark the ballot paper as a spoilt ballot paper and cancel it; | | (b) | place it in the envelope supplied for the purpose; and | | (c) | subject to paragraph (2), give the overseas elector another ballot paper. |
| (2) An overseas elector shall not be given more than one other ballot paper under paragraph (1)(c). |
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| Assistance for blind, etc., voters |
27.—(1) The presiding officer or any person authorised by him may ask any overseas voter if the voter understands the method of voting in accordance with the Act and these Regulations and may, if he thinks fit, on the application of any voter, explain to the voter, in the presence of the polling agents of the candidates if present, the method of voting in accordance with the Act and these Regulations; but in so doing he shall carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any candidate.(2) A presiding officer shall, on request by an overseas elector who is unable to vote in the manner prescribed by the Act or these Regulations because he is incapacitated by blindness or other physical cause, assist the overseas elector —| (a) | by marking his choice on the ballot paper in accordance with the directions of the elector; | | (b) | by folding the ballot paper so as to conceal his vote; and | | (c) | by putting the ballot paper into the ballot box. |
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| Division 6 — Closing of poll |
| Electors present at close of voting hours allowed to vote |
| 28. No ballot paper shall be delivered to a voter at an overseas polling station after the hour fixed for the closing of the poll at that overseas polling station, except that if at that hour there is in the overseas polling station any voter to whom a ballot paper has been delivered, the voter shall be allowed to record his vote. |
| Modification of section 48: procedure on closing of poll |
29.—(1) As soon as practicable after the close of the poll, every presiding officer of each overseas polling station shall, in the presence of such of the candidates and their polling agents as are present, make up into separate packets, sealed with the presiding officer’s own seal and the seals of the candidates or their agents if they desire to affix their seals —| (a) | the unused and spoilt ballot papers placed together; | | (b) | the marked list of overseas electors for that overseas polling station; | | (c) | the counterfoils of the ballot papers; and | | (d) | the tendered votes list. |
(2) All ballot box or boxes within the overseas polling station shall remain unopened and shall be secured by the Assistant Returning Officer and sealed with —| (a) | the seal supplied by the Returning Officer; and | | (b) | the seals of such of the candidates or their polling agents as are present and who wish to affix their seals, |
| in such manner that the box or boxes cannot be opened and nothing can be inserted therein without breaking the seals. |
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| (3) The Assistant Returning Officer in charge of an overseas polling station shall without delay despatch every packet referred to in paragraph (1) and the sealed ballot box or boxes in safe custody to the Returning Officer in Singapore by such means approved by the Returning Officer. |
| (4) Until their despatch to the Returning Officer in Singapore, the Assistant Returning Officer in charge of the overseas polling station shall be responsible for all the sealed packets referred to in paragraph (1) and the sealed ballot box or boxes in his possession, and he 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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