Clause 25

The hours of any poll at an overseas polling station for any contested election must be not less than 4 hours and may start in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station must close not later than the close of the poll on polling day in Singapore.(2) Subject to any regulations made under section 36F, a poll (including an advance poll) and voting at an overseas polling station must be conducted, as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day in Singapore is conducted.Postal voting by overseas electors designated as postal voters36B.—

An overseas elector for an electoral division who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for an election may record his or her vote at the poll in the election either —

by using the postal voting method in accordance with the manner prescribed under this section; or

by attending in person at a polling place in the ordinary polling station allotted to him or her under section 18(1)(c),but not at both in respect of the same election.(2) However, an overseas elector who intends to record his or her vote in person under subsection (1)(b) at the ordinary polling station allotted to him or her must first make and subscribe to the declaration set out in the prescribed form before he or she is given a ballot paper at that ordinary polling station.(3) To record his or her vote by the postal voting method at the poll in an election, an overseas elector for an electoral division who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election must do all the following in the following sequence, before the end of the postal voting period of that election:

apply to the Returning Officer, once the postal voting period of that election starts and in the manner prescribed by regulations made under section 36F, for postal voting papers to be issued to the overseas elector;

mark the overseas elector’s vote on the postal ballot paper comprised in the postal voting papers issued on application, fold the postal ballot paper and insert it in the return envelope comprised in the postal voting papers so issued, and seal the return envelope in accordance with the regulations made under section 36F;

take the steps prescribed by regulations made under section 36F with respect to those postal voting papers in order to indicate the date of posting or sending;

as soon as practicable after the return envelope is sealed, the overseas elector or a person to whom the overseas elector has entrusted the sealed return envelope for posting or delivery, must post or deliver the sealed return envelope to the Returning Officer in Singapore.(4) Where an overseas elector records his or her vote at a poll in an election by attending in person at a polling place in the ordinary polling station allotted to him or her under section 18(1)(c), any other vote that is purportedly recorded by the same overseas elector at the same election is void.Pre-count examination of postal voting papers36C.—

Before starting the counting of any votes cast by the postal voting method at an election, the Returning Officer must, at the place and time directed under section 36D(1) and in the presence of the candidates and their counting agents as attend, produce all return envelopes containing, or purporting to contain, postal ballot papers that have been received by the Returning Officer in Singapore before the expiry of 10 days after polling day in Singapore for the election.(2) The Returning Officer must then, if satisfied after due examination of those return envelopes, that —

a return envelope was received by the Returning Officer in Singapore before the expiry of 10 days after polling day in Singapore for the election;

that return envelope was posted or sent for delivery before the end of the postal voting period for the election;

that return envelope —

remains sealed;

has not been opened or tampered with; and (iii)is not materially damaged so as to preclude authenticating that it was posted or delivered, or entrusted for posting or delivery, to the Returning Officer by an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election; and

that return envelope was posted or delivered, or entrusted for posting or delivery, to the Returning Officer by an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election,accept that return envelope and its contents for counting, but if the Returning Officer is not so satisfied, the Returning Officer must disallow from counting the postal voting papers comprising the return envelope and the postal ballot paper inside (if any), without opening the return envelope. (3) In addition to subsection (2), where more than one return envelope was received by the Returning Officer in Singapore, before the expiry of 10 days after polling day in Singapore for the election, from or purportedly from an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election, the Returning Officer —

must regard the unopened return envelope not disallowed under subsection (2) and first handled by the Returning Officer during the examination of all return envelopes so received as containing the sole vote recorded by the overseas elector on a postal ballot paper, regardless —

when the postal ballot paper was actually marked;

when the unopened return envelope was posted, sent for delivery or delivered in relation to the other return envelopes which are not so disallowed; and

if that unopened return envelope first handled is empty; and

must disallow from counting all other unopened return envelopes from or purportedly from the same overseas elector and their contents, without opening these other return envelopes.(4) Before disallowing from counting any postal voting papers under subsection (2) or (3), the Returning Officer must —

first, show the return envelope without opening it, to each candidate or the candidate’s counting agent as attend; and

then, hear the views of the candidate or the candidate’s counting agent thereon,taking all proper precautions to prevent any person from opening the return envelope in question.(5) The decision of the Returning Officer as to whether or not to disallow from counting any postal voting papers is final and is not to be questioned on an application under section 70.(6) If the Returning Officer has accepted an unopened return envelope and its contents for counting, the Returning Officer must then —

open the unopened return envelope without destroying it;

withdraw the postal ballot paper; and

without inspecting the postal ballot paper or allowing another person to do so, set aside the postal ballot paper for counting.(7) Where an unopened return envelope accepted for counting is found, upon opening under due authority under subsection (6), to contain more than one postal ballot paper, the Returning Officer must reject all the postal ballot papers as invalid unless all the postal ballot papers clearly indicate that the overseas elector intends to vote for the same particular candidate, in which case the Returning Officer must —

treat one of the postal ballot papers as representing the vote recorded by the overseas elector at the election; and

reject all the other postal ballot papers as invalid.(8) The Returning Officer, his or her assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the Returning Officer, may be present at the pre‑count examination of postal voting papers.Counting of votes by overseas electors36D.—

The votes cast at all overseas polling stations or by the postal voting method (collectively called in this section and section 36E overseas votes) must be counted at such place or places in Singapore and at such time as the Returning Officer directs.(2) The Returning Officer must cause notice of every direction issued under subsection (1) to be published in the Gazette at least 2 clear days before polling day. (3) Every sealed ballot box containing votes cast at an overseas polling station and every vote cast by the postal voting method at an election must, in order for those votes to be counted in the election, reach the custody of the Returning Officer in Singapore within 10 days after polling day in Singapore for the election.(4) Subject to subsection (3), the Returning Officer must arrange for the counting of the overseas votes in the presence of the candidates and their counting agents as attend as soon as practicable after the Returning Officer has received in Singapore —

all the sealed ballot boxes used at overseas polling stations during the poll; and

all the votes cast by the postal voting method.(5) Despite section 32(2), the number of counting agents that may be appointed under section 32(1) to attend —

the counting of overseas votes at the counting place as directed under subsection (1); or (b)the pre‑count examination of postal voting papers under section 36C,must not exceed one or any other higher number prescribed in substitution by regulations made under section 36F for either paragraph (a) or (b) or both.(6) Subject to regulations made under section 36F, the counting of votes cast by overseas electors must be conducted, as far as practicable, in the same manner as that in which counting of votes cast at ordinary polling stations is conducted.Ascertaining final results36E.—

Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b) —

the number of overseas votes given to each candidate must be added to the number declared by the Returning Officer as the number of votes cast in Singapore for each candidate; and (b)the Returning Officer must immediately declare the candidate to whom the greatest total number of votes is given to be elected.(2) After the Returning Officer has made any declaration under subsection (1)(b), the Returning Officer must ensure that the following procedures are complied with:

all ballot papers and all other documents relating to the election at every place where the overseas votes are counted must be sealed up in separate packets and placed in one or more ballot boxes;

the ballot box or boxes must 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;

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

subject to section 32(11), the sealed ballot box or boxes containing the ballot papers and other documents must be retained in safe custody for a period of 6 months;

the ballot papers and other documents must be destroyed at the end of the period of 6 months unless otherwise directed by order of the President.(3) Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b) in an election, and a recount of the votes is to be conducted, section 32B applies, with the necessary modifications, to the counting of votes cast by overseas electors at that election.Regulations for voting in overseas polling stations and postal voting36F.—

Subject to section 81B, the Minister may make regulations modifying the application of any provision of this Act to —

the conduct of polls in overseas polling stations, including in particular —

the appointment of presiding officers for overseas polling stations;

the procedure on closing of the poll; and

the procedure for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore; and

the counting (including recounting) of the votes cast at overseas polling stations and by the postal voting method, respectively.(2) Unless the contrary intention appears, the regulations made under subsection (1) on the conduct of polls in overseas polling stations extend to acts done or omitted to be done outside Singapore by —

any Assistant Returning Officer or presiding officer;

any polling agent or election agent; or

any citizen of Singapore (whether or not a voter or an elector),in relation to a poll conducted or to be conducted at an overseas polling station.(3) Subject to section 81B, the Minister may make regulations relating to the postal voting method for a contested election, including regulations for or in respect of the following matters:

the period for an overseas elector to make an application for postal voting papers and the form and manner of such application;

the period and manner for an overseas elector to access, download and print his or her postal ballot paper and return envelope from the prescribed website;

the appointment of any authorised representative of the Returning Officer for the purposes of receiving return envelopes containing postal ballot papers;

the procedure for the postal voting method, including any measures that are necessary to ensure the authenticity of any vote;

the measures to ensure the safe custody of any return envelope received by the Returning Officer in Singapore;

the form of any application for postal voting papers, a postal ballot paper or return envelope.(4) Regulations made under subsection (1) or (3) —

must not authorise any person to vote more than once at any election;

must provide for a record of every vote cast at a polling station but the vote record must not contain any means of identifying the person who cast the vote; and

must be consistent with the principles laid down in any provision of this Act that is modified by those regulations.Other offences connected with postal voting36G.—

Any person to whom an envelope containing or purporting to contain a postal ballot paper is given by an overseas elector for the purpose of posting or delivery to the Returning Officer, or an authorised representative of the Returning Officer for the purposes of receiving return envelopes containing postal ballot papers, and who has agreed to post or deliver the envelope, commits an offence if the person, without reasonable excuse, fails to post or deliver the envelope promptly.(2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $1,500.(3) This section extends to a citizen of Singapore (whether or not a voter or an elector) who engages in any conduct wholly or partly outside Singapore that constitutes an offence described in subsection (1) as if the offence had been committed in Singapore.”.