Singapore legislation

Clause 20

of Parliamentary Elections (Amendment) Bill

Clause 20

Amendment of section 49

Section 49 of the principal Act is amended —

(a)

by inserting, immediately after the words “during the poll” in subsection (2A)(a), the words “conducted in Singapore”;

(b)

by deleting paragraph (b) of subsection (2A) and substituting the following paragraph:“(b)where more than one counting place is specified for an electoral division in a direction made under section 48A(1), after —

(i)

the procedure in section 48 has been complied with at the close of the poll if the counting place is also a polling station; and (ii)the Assistant Returning Officer in charge of each counting place has received at his counting place all the ballot boxes containing the votes cast at the polling station or stations in Singapore which are specified in the direction to be counted at that counting place, subject to any directions from the Returning Officer to delay or postpone the counting.”;

(c)

by deleting subsection (7) and substituting the following subsection:“(7) Where only one counting place is specified for an electoral division under section 48A(1), the Returning Officer shall, when the counting of votes cast at all polling stations in Singapore is completed at that sole counting place or, if a recount thereof is allowed under section 49B, after that recount is completed, forthwith act as follows:

(a)

where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; or

(b)

where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.”;

(d)

by deleting the words “counting of votes or, where any candidate or his counting agent applies to the Assistant Returning Officer for a recount, after the recounting of votes,” in the 3rd to 6th lines of subsection (7A) and substituting the words “counting of votes cast in Singapore is completed at the counting place under his charge and, if a recount thereof is allowed under section 49B, after the recount is completed,”;

(e)

by inserting at the end of paragraph (c) of subsection (7A), the word “and”;

(f)

by deleting paragraphs (d), (e) and (f) of subsection (7A) and substituting the following paragraph:“(d)seal up in an envelope the record of counting and despatch or deliver the envelope in safe custody to the principal counting place for that electoral division.”;

(g)

by deleting subsection (7E) and substituting the following subsection:“(7E) When the total number of votes cast at polling stations in Singapore for each candidate or (as the case may be) group of candidates at an election in an electoral division is ascertained under subsection (7D), or if a recount thereof is allowed under section 49B, after that recount is completed, the Returning Officer shall forthwith act as follows:

(a)

where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; or

(b)

where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.”;

(h)

by inserting, immediately after the word “When” in subsection (8), the words “, after the counting of votes (including any recount allowed under section 49B) is completed,”; and

(i)

by deleting subsection (9) and substituting the following subsection:“(9) After the Returning Officer has made any declaration under subsection (7) or (7E), he shall ensure that the following procedures are complied with at every counting place and principal counting place:

(a)

all ballot papers and all other documents relating to the election at every counting place and principal counting place shall be sealed up in separate packets and placed in any ballot box or boxes;

(b)

the ballot box or boxes shall then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals;

(c)

the sealed ballot box or boxes shall be despatched and delivered in safe custody to the Returning Officer;

(d)

subject to subsection (10), the ballot papers and other documents in the sealed ballot box or boxes shall be retained in safe custody for a period of 6 months; and

(e)

the ballot papers and other documents shall be destroyed at the end of the period of 6 months unless otherwise directed by order of the President.”.