PART 8 | COUNTING OF VOTES CAST OVERSEAS |
| Crisis management powers in relation to pre‑count examination of postal voting papers |
30.—(1) The Returning Officer may exercise any crisis management power in paragraph (2) if, at any time before or during the pre‑count examination of postal voting papers, the Returning Officer is of the opinion that the pre-count examination of postal voting papers at a counting place for overseas votes is or is likely to be disrupted.(2) The Returning Officer may —| (a) | temporarily suspend the pre‑count examination at the affected counting place for a specified period (which must not exceed 2 hours), with or without specifying another location for the resumed pre‑count examination; | | (b) | adjourn and postpone the pre-count examination at the affected counting place to a specified date (which must not be later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 34(6)(d) or 34A(6)(d) of the Act, as the case may be) and specified time, with or without specifying another location for the resumed pre‑count examination; or | | (c) | if the Returning Officer is satisfied that the pre‑count examination at the affected counting place cannot be resumed or completed — wholly abandon the pre‑count examination at the affected counting place. |
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(3) If the pre-count examination at the affected counting place is wholly abandoned under paragraph (2)(c) and the Returning Officer has made a declaration under section 49(7)(a) or (7E)(a) of the Act for an election in an electoral division —| (a) | the counting of all overseas votes cast for that election (whether at the affected counting place or any other counting place) must also be wholly abandoned; | | (b) | polling need not be restarted for that electoral division; and | | (c) | if that election is part of a general election —| (i) | the pre-count examination of all postal ballot papers for the general election, and the counting of all overseas votes cast for the general election, must also be wholly abandoned; and | | (ii) | the results for the elections in all electoral divisions are to be determined according to the votes cast in Singapore. |
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(4) If the pre-count examination at the affected counting place is wholly abandoned under paragraph (2)(c) and the Returning Officer has made a declaration under section 49(7)(b) or (7E)(b) of the Act in respect of an election in an electoral division —| (a) | the counting of all overseas votes cast for that election (whether at the affected counting place or any other counting place) must also be wholly abandoned; | | (b) | polling must be restarted both in Singapore and overseas for that electoral division; | | (c) | the Returning Officer must specify —| (i) | the date, hours and location for the restarted poll in Singapore; | | (ii) | the postal voting period for the restarted poll, which must end on the eve of the date for the restarted poll in Singapore; | | (iii) | the date and hours of the restarted poll at every overseas polling station; and | | (iv) | the date (being 10 days after the date for the restarted poll in Singapore) by which postal ballot papers must be received by the Returning Officer in Singapore to be accepted for counting; and |
| | (d) | if that election is part of a general election —| (i) | the pre-count examination of all postal ballot papers for the general election, and the counting of all overseas votes cast for the general election, must also be wholly abandoned; and | | (ii) | the results for the elections in all other electoral divisions are to be determined according to the votes cast in Singapore. |
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(5) The date specified under paragraph (4)(c)(i) —| (a) | must, if the poll is for an election that is part of a general election, fall within the time delimited by Article 66 of the Constitution for a general election; and | | (b) | must not be later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 34(6)(d) or 34A(6)(d) of the Act, as the case may be. |
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| Supplementary provisions if pre‑count examination of postal voting papers temporarily suspended |
31.—(1) This regulation applies if the pre‑count examination of postal voting papers at a counting place for overseas votes is temporarily suspended under regulation 30.| (2) The Returning Officer must announce the temporary suspension of the pre‑count examination to persons present at the affected counting place. |
| (3) The pre-count examination at the affected counting place must stop immediately. |
(4) The Returning Officer must secure the postal voting papers at the affected counting place in the presence of the candidates and their counting agents who are in attendance by —| (a) | making up the postal voting papers into separate packets; and | | (b) | sealing each packet with —| (i) | the seal of the Returning Officer; and | | (ii) | the seals of the candidates and their counting agents who wish to affix their seals. |
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| (5) The Returning Officer must hold the secured postal voting papers in safe custody (whether at the affected counting place or any other location) during the temporary suspension. |
(6) Immediately before the pre-count examination of postal voting papers resumes, the Returning Officer must —| (a) | if the secured postal voting papers is not held at the location for the resumed count, deliver the secured postal voting papers to that location; and | | (b) | in the presence of the candidates and their counting agents who are in attendance, retrieve the postal voting papers from the means by which it is secured. |
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| (7) The resumed pre-count examination must be conducted as nearly as possible in accordance with the Act. |
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| Supplementary provisions if pre‑count examination of postal voting papers adjourned and postponed |
32.—(1) This regulation applies if the pre-count examination of postal voting papers at a counting place for overseas votes is adjourned and postponed under regulation 30.| (2) The Returning Officer must announce the adjournment and postponement of the pre‑count examination to persons present at the affected counting place. |
| (3) The pre-count examination at the affected counting place must stop immediately. |
(4) The Returning Officer must secure the postal voting papers at the affected counting place in the presence of the candidates and their counting agents who are in attendance by —| (a) | making up the postal voting papers into separate packets; and | | (b) | sealing each packet with —| (i) | the seal of the Returning Officer; and | | (ii) | the seals of the candidates and their counting agents who wish to affix their seals. |
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| (5) The Returning Officer must hold the secured postal voting papers in safe custody (whether at the counting place or any other location) while the counting stands adjourned. |
(6) Immediately before the pre-count examination of postal voting papers resumes, the Returning Officer must —| (a) | if the secured postal voting papers is not held at the location for the resumed count, deliver the secured postal voting papers to that location; and | | (b) | in the presence of the candidates and their counting agents who are in attendance, retrieve the postal voting papers from the means by which it is secured. |
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| (7) The resumed pre-count examination must be conducted as nearly as possible in accordance with the Act. |
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| Supplementary provisions if pre-count examination of postal voting papers wholly abandoned |
33.—(1) This regulation applies if the pre-count examination of postal voting papers at a counting place for overseas votes is wholly abandoned under regulation 30.| (2) The Returning Officer must announce the abandonment of the pre‑count examination to persons present at the affected counting place. |
| (3) The pre-count examination at the affected counting place must stop immediately. |
(4) The Returning Officer must secure the postal voting papers at the affected counting place in the presence of the candidates and their counting agents who are in attendance by —| (a) | making up the postal voting papers into separate packets; and | | (b) | sealing each packet with —| (i) | the seal of the Returning Officer; and | | (ii) | the seals of the candidates and their counting agents who wish to affix their seals. |
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(5) The Returning Officer must —| (a) | hold the secured postal voting papers in safe custody for 6 months; and | | (b) | destroy the secured postal voting counting material at the end of those 6 months unless the President or Election Judge otherwise orders. |
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| (6) Paragraphs (4) and (5) do not apply if it is impossible or impracticable in the circumstances to secure the postal voting papers. |
(7) If polling must be restarted under regulation 30(4) —| (a) | the restarted poll must be conducted as nearly as possible in accordance with the Act; | | (b) | a person may vote at the restarted poll only if he or she is —| (i) | an elector for the affected electoral division; and | | (ii) | in the case of overseas or postal voting — an overseas elector; |
| | (c) | the Returning Officer must specify —| (i) | a date for counting votes (other than overseas votes) at the counting place or places for the affected electoral division; and | | (ii) | a date for counting of overseas votes at the counting place for overseas votes, which must not be later than the 10th day after the date of the restarted poll in Singapore; and |
| | (d) | the dates specified under sub‑paragraph (c) must be published in the Gazette. |
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| Crisis management powers in relation to counting of overseas votes |
34.—(1) The Returning Officer may exercise any crisis management power in paragraph (2) if, at any time before or during the counting of overseas votes, the Returning Officer is of the opinion that the counting of overseas votes at a counting place for overseas votes is or is likely to be disrupted.(2) The Returning Officer may —| (a) | temporarily suspend the counting at the affected counting place for a specified period (which must not exceed 2 hours), with or without specifying another location for the resumed counting; | | (b) | adjourn and postpone the counting at the affected counting place to a specified date (which must not be later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 34(6)(d) or 34A(6)(d) of the Act, as the case may be) and specified time, with or without specifying another location for the resumed counting; or | | (c) | if the Returning Officer is satisfied that counting at the affected counting place cannot be resumed or completed — wholly abandon the counting at the affected counting place. |
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(3) If the counting at the affected counting place is wholly abandoned under paragraph (2)(c) and the Returning Officer has made a declaration under section 49(7)(a) or (7E)(a) of the Act in respect of an election in an electoral division —| (a) | the counting of all overseas votes cast for that election (whether at the affected counting place or any other counting place) must also be wholly abandoned; | | (b) | polling need not be restarted for that electoral division; and | | (c) | if that election is part of a general election —| (i) | the pre-count examination of all postal ballot papers for the general election, and the counting of all overseas votes cast for the general election, must also be wholly abandoned; and | | (ii) | the results for the elections in all electoral divisions are to be determined according to the votes cast in Singapore. |
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(4) If the counting at the affected counting place is wholly abandoned under paragraph (2)(c) and the Returning Officer has made a declaration under section 49(7)(b) or (7E)(b) of the Act in respect of an election in an electoral division —| (a) | the counting of all overseas votes cast for that election (whether at the affected counting place or any other counting place) must also be wholly abandoned; | | (b) | polling must be restarted both in Singapore and overseas for that electoral division; | | (c) | the Returning Officer must specify —| (i) | the date, hours and location for the restarted poll in Singapore; | | (ii) | the postal voting period for the restarted poll, which must end on the eve of the date for the restarted poll in Singapore; | | (iii) | the date and hours of the restarted poll at every overseas polling station; and | | (iv) | the date (being 10 days after the date for the restarted poll in Singapore) by which postal ballot papers must be received by the Returning Officer in Singapore to be accepted for counting; and |
| | (d) | if that election is part of a general election —| (i) | the pre-count examination of all postal ballot papers for the general election, and the counting of all overseas votes cast for the general election, must also be wholly abandoned; and | | (ii) | the results for the elections in all other electoral divisions are to be determined according to the votes cast in Singapore. |
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(5) The date specified under paragraph (4)(c)(i) —| (a) | must, if the poll is for an election that is part of a general election, fall within the time delimited by Article 66 of the Constitution for a general election; and | | (b) | must not be later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 34(6)(d) or 34A(6)(d) of the Act, as the case may be. |
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| Supplementary provisions if counting of overseas votes temporarily suspended |
35.—(1) This regulation applies if the counting of overseas votes at a counting place for overseas votes is temporarily suspended under regulation 34.| (2) The Returning Officer must announce the temporary suspension of counting to persons present at the affected counting place. |
| (3) The counting of overseas votes at the affected counting place must stop immediately. |
(4) The Returning Officer must secure the counting material at the affected counting place in the presence of the candidates and their counting agents who are in attendance by —| (a) | making up the counting material into separate packets; and | | (b) | sealing each packet with —| (i) | the seal of the Returning Officer; and | | (ii) | the seals of the candidates and their counting agents who wish to affix their seals. |
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| (5) The Returning Officer must hold the secured counting material in safe custody (whether at the affected counting place or any other location) during the temporary suspension. |
(6) Immediately before the counting of overseas votes resumes, the Returning Officer must —| (a) | if the secured counting material is not held at the location for the resumed count, deliver the secured counting material to that location; and | | (b) | in the presence of the candidates and their counting agents who are in attendance, retrieve the counting material from the means by which it is secured. |
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| (7) The resumed count must be conducted as nearly as possible in accordance with the Act. |
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| Supplementary provisions if counting of overseas votes adjourned and postponed |
36.—(1) This regulation applies if the counting of overseas votes at a counting place for overseas votes is adjourned and postponed under regulation 34.| (2) The Returning Officer must announce the adjournment and postponement of counting to persons present at the affected counting place. |
| (3) The counting of overseas votes at the affected counting place must stop immediately. |
(4) The Returning Officer must secure the counting material at the affected counting place in the presence of the candidates and their counting agents who are in attendance by —| (a) | making up the counting material into separate packets; and | | (b) | sealing each packet with —| (i) | the seal of the Returning Officer; and | | (ii) | the seals of the candidates and their counting agents who wish to affix their seals. |
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| (5) The Returning Officer must hold the secured counting material in safe custody (whether at the affected counting place or any other location) while the counting stands adjourned. |
(6) Immediately before the counting of overseas votes resumes, the Returning Officer must —| (a) | if the secured counting material is not held at the location for the resumed count, deliver the secured counting material to that location; and | | (b) | in the presence of the candidates and their counting agents who are in attendance, retrieve the counting material from the means by which it is secured. |
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| (7) The resumed count must be conducted as nearly as possible in accordance with the Act. |
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| Supplementary provisions if counting of overseas votes wholly abandoned |
37.—(1) This regulation applies if the counting of overseas votes at a counting place for overseas votes is wholly abandoned under regulation 34.| (2) The Returning Officer must announce the abandonment of counting to persons present at the affected counting place. |
| (3) The counting of overseas votes at the affected counting place must stop immediately. |
(4) The Returning Officer must secure the counting material at the affected counting place in the presence of the candidates and their counting agents who are in attendance by —| (a) | making up the counting material into separate packets; and | | (b) | sealing each packet with —| (i) | the seal of the Returning Officer; and | | (ii) | the seals of the candidates and their counting agents who wish to affix their seals. |
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(5) The Returning Officer must —| (a) | hold the secured counting material in safe custody for 6 months; and | | (b) | destroy the secured counting material at the end of those 6 months unless the President or Election Judge otherwise orders. |
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| (6) Paragraphs (4) and (5) do not apply if it is impossible or impracticable in the circumstances to secure the counting material. |
(7) If polling must be restarted under regulation 34(4) —| (a) | the restarted poll must be conducted as nearly as possible in accordance with the Act; | | (b) | a person may vote at the restarted poll only if he or she is —| (i) | an elector for the affected electoral division; and | | (ii) | in the case of overseas or postal voting — an overseas elector; |
| | (c) | the Returning Officer must specify —| (i) | a date for counting votes (other than overseas votes) at the counting place or places for the affected electoral division; and | | (ii) | a date for counting of overseas votes at the counting place for overseas votes, which must not be later than the 10th day after the date of the restarted poll in Singapore; and |
| | (d) | the dates specified under sub‑paragraph (c) must be published in the Gazette. |
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