Singapore legislation

Clause 21

of Parliamentary Elections (Amendment) Bill

Clause 21

New sections 49A and 49B

The principal Act is amended by inserting, immediately after section 49, the following sections:“Counting of votes by overseas electors49A.—

(1)

All the sealed ballot boxes containing the votes cast at any overseas polling station must arrive at the office of the Returning Office in Singapore not later than 10 days after polling day at an election in order for those votes to be counted.(2) The Returning Officer shall make arrangements for the votes cast by overseas electors to be counted at such place or places in Singapore as he directs under section 48A(1A).(3) Subject to subsection (1), such arrangements shall provide for the counting of votes cast by overseas electors in the presence of the candidates and their counting agents as attend as soon as practicable after all the sealed ballot boxes used at overseas polling stations during the poll have been received by the Returning Officer in Singapore.(4) Sections 49, 49B and 50 shall apply to the counting (including recounting, if any) of the votes cast by overseas electors.(5) Where the Returning Officer has made a declaration under section 49(7)(b) or (7E)(b), the number of votes given by overseas electors to each candidate or group of candidates shall be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate or (as the case may be) group of candidates, and the Returning Officer shall forthwith declare the candidate or (as the case may be) group of candidates to whom the greatest total number of votes cast to be elected.(6) After the Returning Officer has made any declaration under subsection (5), he shall ensure that the following procedures are complied with:

(a)

all ballot papers and all other documents relating to the election at every place where the votes of overseas electors are counted 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 section 49(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.Recounting of votes49B.—

(1)

Subject to subsections (3) and (4), any candidate at an election in an electoral division or his counting agent may —

(a)

if he is present at the sole counting place specified for the electoral division and the counting of votes at that counting place is completed; or (b)if he is present at the principal counting place specified for the electoral division and the votes counted at all counting places for that electoral division have been added at that principal counting place, apply to the Returning Officer to have the votes given at the election recounted.(2) Subject to subsections (3) and (4), the Returning Officer shall allow and conduct a recounting of votes if an application for a recount is made under this section.(3) Not more than one application to recount the votes given at any election in an electoral division shall be made or allowed under this section.(4) Without prejudice to subsection (3), no application for a recount shall be made and no recount shall be allowed under this section where the difference between the number of votes given to the candidate or (as the case may be) group of candidates with the most votes and the number cast for any other candidate or (as the case may be) group of candidates is more than 2% of the total number of votes cast (excluding rejected votes and tendered votes) at the election. (5) No step shall be taken under section 49 to declare any candidate or group of candidates elected until the candidates or counting agents present at the sole counting place for an electoral division or the principal counting place for the electoral division, as the case may be, have been given a reasonable opportunity to exercise the right conferred by this section.(6) Where an application for a recounting of votes is allowed by the Returning Officer, the votes at the counting place or, if there are more than one, at every counting place shall be recounted and added following the same procedure set out in sections 49 and 50.(7) This section and section 50 shall apply to the recounting of votes cast by overseas electors with such modifications as are necessary.”.