Regulation 1
Citation and commencement
These Regulations are the Parliamentary Elections (Overseas Voting) Regulations 2024 and come into operation on 14 June 2024.
/akn/sg/act/sub_leg/1954/PEA-S449-2024
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Quick answer
Parliamentary Elections (Overseas Voting) Regulations 2024 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation PEA-S449-2024 1954, currently marked in force and first recorded in 1954.
Part 1
Citation and commencement
These Regulations are the Parliamentary Elections (Overseas Voting) Regulations 2024 and come into operation on 14 June 2024.
Definitions
In these Regulations —“certified register of electors” means a register of electors certified under section 20 of the Act and in operation at the time of the election and includes a composite register prepared under section 20A of the Act;“counting place for overseas votes” means the place or places directed by the Returning Officer under section 56D(1) of the Act;“independent candidate” means a candidate who is not a candidate for a political party;“list of overseas electors”, in relation to an overseas polling station, means a list prepared under regulation 10 for that overseas polling station;“notice of contested election”, in relation to an electoral division, means the notice published under section 34(6) or 34A(6) of the Act (as the case may be) in relation to that electoral division;“overseas correspondence address”, in relation to a postal elector, means the overseas correspondence address of the postal elector provided to the Registration Officer under regulation 5(1) or 8 of the Parliamentary Elections (Registration of Overseas Electors) Regulations 2023 (G.N. No. S 319/2023);“overseas election officer”, in relation to an overseas polling station, means —
an Assistant Returning Officer assigned to that overseas polling station under regulation 4;
a presiding officer assigned to that overseas polling station under regulation 5;
a clerk, interpreter, information officer or other officer authorised by the Returning Officer or Assistant Returning Officer to perform duties in connection with the conduct of a poll at that overseas polling station; or
any person appointed by an Assistant Returning Officer or a presiding officer under regulation 4(2)(b) or 5(3)(b) (as the case may be) to act for that Assistant Returning Officer or presiding officer at that overseas polling station,but does not include any candidate or any election agent or polling agent of a candidate;“overseas vote” means any vote cast —
at an overseas polling station; or
by the postal voting method;“postal elector” means an overseas elector who is designated under section 13A(3A) of the Act as a postal voter for an election;“presiding officer” includes a senior presiding officer and an Assistant Returning Officer who presides at an overseas polling station;“Singpass” means the identity authentication service known as Singapore Personal Access, by which an individual authenticates his or her identity in order to carry out an online transaction with the Government or a public authority;“Singpass credential” means any username, password or 2‑factor authentication detail required to authenticate, using Singpass, the identity of an individual.
“certified register of electors” means a register of electors certified under section 20 of the Act and in operation at the time of the election and includes a composite register prepared under section 20A of the Act;
“counting place for overseas votes” means the place or places directed by the Returning Officer under section 56D(1) of the Act;
“independent candidate” means a candidate who is not a candidate for a political party;
“list of overseas electors”, in relation to an overseas polling station, means a list prepared under regulation 10 for that overseas polling station;
“notice of contested election”, in relation to an electoral division, means the notice published under section 34(6) or 34A(6) of the Act (as the case may be) in relation to that electoral division;
“overseas correspondence address”, in relation to a postal elector, means the overseas correspondence address of the postal elector provided to the Registration Officer under regulation 5(1) or 8 of the Parliamentary Elections (Registration of Overseas Electors) Regulations 2023 (G.N. No. S 319/2023);
“overseas election officer”, in relation to an overseas polling station, means —
an Assistant Returning Officer assigned to that overseas polling station under regulation 4;
a presiding officer assigned to that overseas polling station under regulation 5;
a clerk, interpreter, information officer or other officer authorised by the Returning Officer or Assistant Returning Officer to perform duties in connection with the conduct of a poll at that overseas polling station; or
any person appointed by an Assistant Returning Officer or a presiding officer under regulation 4(2)(b) or 5(3)(b) (as the case may be) to act for that Assistant Returning Officer or presiding officer at that overseas polling station,but does not include any candidate or any election agent or polling agent of a candidate;
“overseas vote” means any vote cast —
at an overseas polling station; or
by the postal voting method;
“postal elector” means an overseas elector who is designated under section 13A(3A) of the Act as a postal voter for an election;
“presiding officer” includes a senior presiding officer and an Assistant Returning Officer who presides at an overseas polling station;
“Singpass” means the identity authentication service known as Singapore Personal Access, by which an individual authenticates his or her identity in order to carry out an online transaction with the Government or a public authority;
“Singpass credential” means any username, password or 2‑factor authentication detail required to authenticate, using Singpass, the identity of an individual.
Part 2
Application
Section 36 of the Act (presiding officers) does not apply in relation to an overseas polling station.
Assignment of Assistant Returning Officer
Subject to regulation 6, the Returning Officer must assign an Assistant Returning Officer to each overseas polling station.
If at any time the Assistant Returning Officer for an overseas polling station becomes unable to act, he or she must —
notify the Returning Officer without delay; and
appoint a presiding officer for that overseas polling station to act for him or her until an assignment is made under paragraph (3) or until he or she is again able to act.
After being notified under paragraph (2)(a), the Returning Officer must assign another Assistant Returning Officer to that overseas polling station.
A reference to an Assistant Returning Officer in this Part includes a reference to a presiding officer appointed under paragraph (2)(b) to act for an Assistant Returning Officer.
Assignment of presiding officers, etc.
Subject to regulation 6, the Returning Officer must assign to each overseas polling station —
one or more presiding officers; and
one or more persons to be responsible for maintaining order within the overseas polling station.
If more than one presiding officer is assigned to an overseas polling station, the Returning Officer must appoint a senior presiding officer from among the presiding officers assigned to that overseas polling station.
If at any time a presiding officer for an overseas polling station becomes unable to act, he or she must —
notify the Assistant Returning Officer for that overseas polling station without delay; and
appoint another person to act for him or her until an assignment is made under paragraph (4) or until he or she is again able to act.
After being notified under paragraph (3)(a), the Assistant Returning Officer for that overseas polling station must assign another presiding officer to that overseas polling station.
Without affecting paragraph (3) or (4), if at any time a senior presiding officer for an overseas polling station becomes unable to act —
the senior presiding officer must also appoint a senior presiding officer from among the presiding officers assigned to that overseas polling station until an appointment is made under sub‑paragraph (b) or until he or she is again able to act; and
the Assistant Returning Officer must also appoint a senior presiding officer from among the presiding officers assigned to that overseas polling station.
A reference to a presiding officer in this Part includes a reference to a person appointed under paragraph (3)(b) to act for a presiding officer.
Persons who cannot be overseas election officers
The following persons must not be appointed as, assigned as or authorised to be an overseas election officer:
an Ambassador, High Commissioner, Consul‑General or Consul, who is not a public officer;
a person who has served in Parliament in the session immediately before the election or in the session in progress at the time of the election;
a person who is not a citizen of Singapore.
Duties of Assistant Returning Officer
An Assistant Returning Officer for an overseas polling station —
is responsible, under the general direction of the Returning Officer, for the preparation for and conduct of a poll at the overseas polling station; and
may preside at the overseas polling station.
Duties of presiding officers
A senior presiding officer for an overseas polling station must exercise general supervision over —
all other presiding officers appointed or assigned to that overseas polling station; and
all arrangements for the conduct of the poll at that overseas polling station.
A presiding officer for an overseas polling station under regulation 5(1)(a) must —
keep order in the overseas polling station;
regulate the number of voters to be admitted to that overseas polling station at a time;
ensure that a person is excluded from that overseas polling station if the person is not authorised by the Act or these Regulations to be present during a poll at that overseas polling station;
supervise the conduct of the poll at that overseas polling station; and
keep the Assistant Returning Officer for that overseas polling station informed of any matter that adversely affects, or is likely to adversely affect, the orderly conduct of the poll at that overseas polling station.
A presiding officer for an overseas polling station must perform his or her duties in accordance with the general direction of the Assistant Returning Officer for that overseas polling station.
Oath of secrecy
An overseas election officer for an overseas polling station must, before assuming duties at that overseas polling station, make an oath of secrecy in accordance with section 56(1) of the Act.
The Assistant Returning Officer for an overseas polling station must, after the notice of contested election is published in the Gazette, send his or her oath and the documents containing the oaths of every overseas election officer for that overseas polling station to the Returning Officer in Singapore.
List of overseas electors
The Returning Officer must cause to be prepared for each overseas polling station a list of overseas electors.
The list of overseas electors for an overseas polling station must set out the names and descriptions of the electors allotted to that overseas polling station, as extracted from the relevant certified registers of electors.
Every list of overseas electors must be certified by the Registration Officer on or before nomination day.
Delivery and safekeeping of election materials
The Returning Officer must cause to be delivered to each overseas polling station —
sufficient quantities of election materials; and
the necessary instructions,for the overseas election officers for the overseas polling station to perform their duties.
The election materials and instructions must be delivered to the Assistant Returning Officer for an overseas polling station before voting begins at the overseas polling station.
Without limiting paragraph (1)(a), the following election materials must be delivered:
the list of overseas electors for that overseas polling station;
enough ballot papers for the overseas electors appearing on that list of overseas electors;
the necessary materials for the overseas electors to mark their votes on the ballot papers;
one or more ballot boxes;
the form of the oaths or declarations to be administered to the overseas electors;
the necessary envelopes, forms and any other supplies that may be authorised or provided by the Returning Officer in connection with the conduct of a poll at the overseas polling station.
Until the poll opens at an overseas polling station, the Assistant Returning Officer for that overseas polling station —
is responsible for all election materials in his or her possession; and
must take every precaution to safekeep those materials and to prevent any person from having unlawful access to those materials.
Application of Act subject to this Part
Subject to the provisions of this Part, a 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; and
without limiting paragraph (a), in accordance with the following provisions of the Act:
section 37 (facilities to be provided at polling stations);
section 38 (registers of electors to be conclusive evidence of right to vote);
section 40 (poll by ballot and ballot papers);
section 40A (candidates’ photographs on ballot papers);
section 41 (ballot boxes);
section 42 (except subsections (2A) and (8)) (manner of voting);
section 44 (declarations by voters);
section 45 (spoilt ballot papers);
section 46 (tendered votes);
section 47 (closing of poll).
Facilities to be provided at overseas polling station
For an overseas polling station, the notice of the poll mentioned in section 37(1) of the Act for an election must contain the following information for each candidate at the election:
the name of the candidate in English, Malay, Chinese and Tamil;
the symbol allotted to the candidate, or the group of candidates comprising the candidate, under section 34 or 34A of the Act, as the case may be;
the name of the political party (if any) for which the candidate is standing at the election, in English, Malay, Chinese and Tamil;
if the photograph of the candidate is included on the ballot papers for the election under section 40A(1) of the Act — that photograph;
if the photograph of the candidate is not included on the ballot papers for the election (by reason of non‑compliance with section 40A(1) of the Act) — a note that there is no photograph for the candidate.
The names of the candidates at the election must be arranged on the notice —
if the election is in a group representation constituency — in the same order as they are arranged on the ballot papers for the election under section 40(3)(a) and (aa) of the Act; or
in any other case — in the same order as they are arranged on the ballot papers for the election under section 40(2)(a) of the Act.
For the purposes of section 37(7) of the Act, the facilities provided at an overseas polling station must include one or more voting compartments designed for each overseas elector to mark his or her ballot paper screened from observation and without interference or interruption.
Who may vote at overseas polling station
A person must not vote at an overseas polling station unless his or her name appears in the list of overseas electors for that overseas polling station.
However, if an overseas elector is serving as an overseas election officer at an overseas polling station, the Returning Officer may authorise the elector to vote at that overseas polling station.
The authorisation must be in the form of a certificate, which must —
be signed by the Returning Officer; and
state —
the name of the elector and his or her number and description, as stated in the relevant certified register of electors; and
the fact that the elector is serving as an overseas election officer at that overseas polling station.
Section 39(1A) of the Act does not apply in relation to an overseas polling station.
Admission to overseas polling station
Section 39(6) of the Act does not apply in relation to the conduct of polls in overseas polling stations.
Subject to this regulation, the only persons who may be present in an overseas polling station during the hours of the poll at that overseas polling station are —
the overseas election officers for that overseas polling station;
the candidates;
the polling agents of the candidates;
an overseas elector allotted to vote at that overseas polling station; and
any other person whom the Returning Officer authorises to be present.
A person required by section 56(1) of the Act, read with regulation 9, to make an oath of secrecy before attending at a polling station must not be admitted to an overseas polling station unless he or she has made that oath.
For the purposes of section 39(5) of the Act, the maximum number of polling agents who may be admitted to an overseas polling station at any time (regardless of the number of polling places within the overseas polling station) is —
in the case of a general election —
one polling agent for each political party that has one or more candidates in a contested election at the general election;
one polling agent for each group of independent candidates in a contested election at the general election; and
one polling agent for each independent candidate (not being part of a group of candidates) in a contested election at the general election; or
in the case of a by‑election —
one polling agent for each political party that has a candidate in the by‑election;
one polling agent for each group of independent candidates in the by‑election; and
one polling agent for each independent candidate (not being part of a group of candidates) in the by‑election.
A polling agent of a candidate must not be admitted to an overseas polling station unless the relevant person provides the following information in writing to the Returning Officer no later than 2 clear days before polling day:
the polling agent’s full name (as stated in his or her identity card) and identity card number;
a statement that the polling agent is appointed for the overseas polling station.
For the purpose of paragraph (5), the relevant person for a polling agent of a candidate is —
in the case of a candidate for a political party — the responsible officer of the political party;
in the case of a group of independent candidates —
a candidate in the group;
the election agent of a candidate in the group; or
the principal election agent of the group; or
in the case of an independent candidate (not being part of a group of candidates) —
the independent candidate; or
the election agent of the independent candidate.
Section 64(1)(c) and (1A) of the Act does not apply in relation to the admission of a polling agent of a candidate to an overseas polling station.
A person who arrives at an overseas polling station to vote must —
give his or her name to the presiding officer; and
on request, give his or her name to a polling agent of the candidate.
A person must not be given a ballot paper, or be admitted to vote, at an overseas polling station if he or she refuses to —
comply with paragraph (8); or
answer any question, asked by an overseas election officer for that overseas polling station, about the person’s entitlement to vote at that overseas polling station.
A presiding officer at an overseas polling station must ensure that a person seeking to enter the overseas polling station to vote is admitted if the person is entitled to vote at that overseas polling station.
In paragraph (6)(a), “responsible officer”, in relation to a political party, means —
if the political party is a partnership or limited partnership (but not a limited liability partnership) — a partner of the partnership;
if the political party is a body corporate — the chairperson, managing director, company secretary or any other similar officer of the body corporate, or any person carrying out the duties of any of these officers; or
if the political party is an unincorporated body of persons other than a partnership —
the president, secretary, treasurer or any other similar officer of the executive committee of the unincorporated body of persons, or any person carrying out the duties of any of these officers; or
if the unincorporated body of persons has no executive committee, the individual notified by the unincorporated body of persons to the Returning Officer as a responsible officer.
Poll to be by ballot and ballot papers
A poll at an overseas polling station must not use a DRE voting system.
Ballot boxes
The presiding officer at an overseas polling station must, in addition to complying with section 41(2) of the Act (procedure before commencement of poll), also —
place the sealed or locked ballot box on a table in full view of all persons present; and
ensure that the box remains there until that overseas polling station closes.
Manner of voting
Section 42(2A) of the Act (procedure before delivering ballot paper) does not apply in relation to the conduct of polls in overseas polling stations.
After a voter gives his or her name to the presiding officer at an overseas polling station under regulation 15(8)(a), the presiding officer must ascertain if the number, name and description of the voter appear on the list of overseas electors for that overseas polling station.
If the number, name and description of the voter appear on the list of overseas electors for that overseas polling station, the presiding officer must comply with the following procedures before delivering a ballot paper to the voter:
call out the voter’s name, number, electoral division and polling district code, as stated in the list;
mark the number of the elector as stated in the list on the counterfoil of the ballot paper;
mark the list to indicate that the elector has received a ballot paper but without indicating the particular ballot paper that was received;
unless the complete official mark has already been pre‑printed or affixed to the ballot paper, 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.
Despite section 42(3) of the Act, the presiding officer may, if he or she considers it advisable, regulate the number of voters in the room where the voting is held such that the number of voters in that room at any one time does not exceed the number of voting compartments in that room.
For the purposes of section 42(7) of the Act —
the directions for the guidance of voters —
are set out in the First Schedule; and
must be exhibited both immediately before and during the hours of the poll at an overseas polling station; and
the form set out in the Second Schedule to the Act does not apply in relation to an overseas polling station.
Spoilt ballot papers
An overseas elector must not be given more than one other ballot paper under section 45(1) of the Act.
Tendered votes
In its application in relation to an overseas polling station, section 46(1) of the Act is to be read as if the reference to “the register” is a reference to the list of overseas electors for that overseas polling station.
Procedure on closing of poll
Section 48 of the Act (procedure on closing of poll) does not apply in relation to the conduct of polls in overseas polling stations.
As soon as practicable after the close of the poll at an overseas polling station, every presiding officer for that overseas polling station must, in the presence of all the candidates and their polling agents who are present —
make up into separate packets —
the unused and spoilt ballot papers placed together;
the list of overseas electors;
the counterfoils of the ballot papers; and
the tendered votes list; and
seal each packet with the presiding officer’s own seal and the seals of the candidates or their polling agents if they desire to affix their seals.
Each ballot box within the overseas polling station must —
remain unopened;
be secured by the Assistant Returning Officer; and
be sealed with —
the seal supplied by the Returning Officer; and
the seals of any of the candidates or their polling agents who are present and who wish to affix their seals,in a manner that the box cannot be opened and nothing can be inserted into the box without breaking the seals.
The Assistant Returning Officer in charge of an overseas polling station must without delay despatch every packet mentioned in paragraph (2) and every sealed ballot box in safe custody to the Returning Officer in Singapore by any means approved by the Returning Officer.
Until their despatch to the Returning Officer in Singapore, the Assistant Returning Officer in charge of the overseas polling station —
is responsible for all the sealed packets mentioned in paragraph (2) and every sealed ballot box in his or her possession; and
must take every precaution for the safekeeping of those packets and ballot boxes and to prevent any person from having unlawful access to them.
Supplementary provisions about polling agents
A polling agent of a candidate may, during the hours of the poll at an overseas polling station, examine a copy of the list of overseas electors for the overseas polling station.
A polling agent of a candidate must not use any communications device within an overseas polling station during the hours of the poll at that overseas polling station.
The absence of any polling agent of a candidate at an overseas polling station at any time does not invalidate any act or thing done during the absence of the polling agent if the act or thing is otherwise duly done.
Part 3
Forms of postal voting papers
For the purposes of the Act —
a postal ballot paper must —
if it relates to an election in a group representation constituency — be in Form PV 1 in the Second Schedule; or
if it relates to an election in any other electoral division — be in Form PV 2 in the Second Schedule;
a return envelope must be in Form PV 3 in the Second Schedule; and
the QR code on a return envelope must comply with regulation 24(4).
Section 40(2), (3), (3A), (4) and (5) of the Act does not apply to or in relation to a postal ballot paper.
Postal elector number and QR code
The Returning Officer must assign a postal elector number to each postal elector.
A postal elector number for a postal elector —
must consist of numbers or letters or both; and
must not include any personal information about the postal elector (such as his or her NRIC number) that could undermine voter secrecy.
The postal elector number of a postal elector must be embedded in the QR code on a return envelope issued to him or her.
The QR code must not contain any other information about the postal elector.
Prescribed website under section 56F(3)(b) of Act
For the purposes of section 56F(3)(b) of the Act and regulations 26 and 27, the prescribed website is the Internet website of the Elections Department at https://www.eld.gov.sg.
Manner of application for and issue of postal voting papers in electronic form
A postal elector may apply to the Returning Officer for postal voting papers to be issued to him or her in an electronic form, using the electronic system made available on the prescribed website.
An application under paragraph (1) may be made any time during the postal voting period of the election.
To make an application under paragraph (1), a postal elector must authenticate his or her identity on the prescribed website by using his or her Singpass credentials.
The postal elector is responsible for —
downloading the postal ballot paper and return envelope issued to him or her in electronic form using the electronic system;
printing the postal ballot paper on one side of a piece of paper; and
printing the return envelope on one side of another piece of paper.
Subject to section 7 of the Act (plural voting), a postal elector may make more than one application under paragraph (1).
Manner of application for and issue of printed postal voting papers
Instead of making an application under regulation 26, a postal elector may apply to the Returning Officer for postal voting papers to be issued to him or her by —
sending an email to the email address of the Elections Department at contact@eld.gov.sg; or
completing an application form made available on the prescribed website, and submitting the duly completed application form through the prescribed website.
An application under paragraph (1) must be made no later than 2 days after the date of issue of the writ of election.
Upon receiving an application under paragraph (1) and being satisfied that the applicant is a postal elector, the Returning Officer or a person acting under the authority of the Returning Officer must —
issue printed postal voting papers to the applicant; and
send the printed postal voting papers to the applicant by registered post or courier to his or her overseas correspondence address as at the date of the application.
An election is not invalid by reason that the postal or courier service of Singapore or any country or territory outside Singapore fails to deliver printed postal voting papers to a postal elector, or delays in delivering printed postal voting papers to a postal elector.
Subject to section 7 of the Act (plural voting), a postal elector who made an application under paragraph (1) is not precluded from making an application under regulation 26(1).
Procedure for postal voting method
To record his or her vote using the postal voting method, a postal elector must use the postal ballot paper and return envelope issued to him or her (and no other documents) and comply with the following procedure:
mark his or her vote on the postal ballot paper in the area demarcated on the postal ballot paper for that purpose;
conceal his or her vote by folding the postal ballot paper in accordance with the instructions printed on the postal ballot paper;
fold the return envelope in accordance with the instructions printed on it;
insert the postal ballot paper into the return envelope and seal the return envelope;
make and sign the declaration on the return envelope in the area demarcated on the return envelope for that purpose, with a signature that is substantially identical to the wet‑ink signature that he or she submitted to the Registration Officer under the Parliamentary Elections (Registration of Overseas Electors) Regulations 2023;
post or deliver, or cause to be posted or delivered, before the end of the postal voting period, the sealed return envelope to the Returning Officer at the address indicated on the return envelope in accordance with section 56B(3)(d) of the Act.
A declaration under paragraph (1)(e) does not mean that the return envelope was posted or sent for delivery before the end of the postal voting period for the election.
To avoid doubt, section 42 of the Act (manner of voting) does not apply in relation to the postal voting method.
Receipt of delivery of return envelope by Returning Officer
For the purposes of section 56B(3)(d) of the Act, the Returning Officer —
may appoint one or more places in Singapore to receive deliveries of return envelopes; and
must not receive any return envelope delivered after the end of the postal voting period.
Subject to paragraph (1), the date on which any return envelope containing, or purporting to contain, a postal ballot paper is delivered to and received by the Returning Officer in Singapore must be indicated on the return envelope.
To avoid doubt, this regulation does not apply in relation to the receipt of return envelopes that are posted.
Safe custody of all return envelopes, etc.
Subject to paragraph (2), all papers that are or purport to be return envelopes containing the postal ballot papers for an election received by the Returning Officer —
must be kept in safe custody and remain sealed; and
must not be opened or tampered with before the pre‑count examination of postal voting papers under section 56C of the Act.
If the Returning Officer has reasonable grounds to believe that a return envelope contains harmful or hazardous substances, the Returning Officer must —
open the return envelope for the purposes of examining the existence of the harmful or hazardous substances;
record the result of the examination; and
inform the following persons as soon as possible of the result:
in the case of a general election and —
if the Returning Officer is able to determine the electoral division to which the return envelope relates — the candidates in a contested election for the electoral division or their election agents;
if sub‑paragraph (A) does not apply — all candidates in a contested election at the general election or their election agents;
in the case of a by‑election — all candidates in the by‑election or their election agents.
If a return envelope is opened in accordance with paragraph (2), any postal ballot paper contained in that return envelope must not be accepted for counting, regardless of the result of the examination.
If the return envelope contains harmful or hazardous substances, the return envelope (and any postal ballot paper inside) must be disposed of in a safe manner and in a manner that does not compromise voter secrecy.
If the return envelope does not contain harmful or hazardous substances, the return envelope (and any postal ballot paper inside) must be dealt with in the manner set out in section 56E(2) of the Act.
Part 4
Application of Act subject to this Part
Subject to the provisions of this Part, the counting of overseas votes 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; and
without limiting paragraph (a), in accordance with sections 49(1), (3), (4A), (4B), (5) and (6) and 50 (except subsection (1)(a)) of the Act.
Custody of overseas votes
The Returning Officer must ensure that —
every ballot box arriving in Singapore from an overseas polling station in an election; and
every return envelope received by the Returning Officer in Singapore that contains, or purports to contain, a postal ballot paper,is kept in safe custody and delivered unopened to the counting place for overseas votes.
Maximum number of counting agents
Section 49(2) of the Act (number of counting agents) does not apply in relation to the counting of overseas votes.
For the purposes of section 56D(5) of the Act, the maximum number of counting agents that may be appointed under section 49(1) of the Act to attend at each counting place for overseas votes is —
in the case of a general election —
5 counting agents for each political party that has one or more candidates in a contested election at the general election;
5 counting agents for each group of independent candidates in a contested election at the general election; and
5 counting agents for each independent candidate (not being part of a group of candidates) in a contested election at the general election; or
in the case of a by‑election —
5 counting agents for each political party that has a candidate in the by‑election;
5 counting agents for each group of independent candidates in the by‑election; and
5 counting agents for each independent candidate (not being part of a group of candidates) in the by‑election.
Maximum number of representatives at areas demarcated for pre‑count examination of postal voting papers
The Returning Officer may demarcate, within a counting place for overseas votes, one or more areas for conducting pre‑count examination of postal voting papers.
If 3 or fewer areas are demarcated, the maximum number of representatives in those areas at any one time is —
in the case of a general election —
4 representatives for each political party that has one or more candidates in a contested election at the general election;
4 representatives for each group of independent candidates in a contested election at the general election; and
4 representatives for each independent candidate (not being part of a group of candidates) in a contested election at the general election; or
in the case of a by‑election —
4 representatives for each political party that has a candidate in the by‑election;
4 representatives for each group of independent candidates in the by‑election; and
4 representatives for each independent candidate (not being part of a group of candidates) in the by‑election.
If 4 or more areas are demarcated, the maximum number of representatives in each of those areas at any one time is —
in the case of a general election —
one representative for each political party that has one or more candidates in a contested election at the general election;
one representative for each group of independent candidates in a contested election at the general election; and
one representative for each independent candidate (not being part of a group of candidates) in a contested election at the general election; or
in the case of a by‑election —
one representative for each political party that has a candidate in the by‑election;
one representative for each group of independent candidates in the by‑election; and
one representative for each independent candidate (not being part of a group of candidates) in the by‑election.
In this regulation, “representative” means —
in relation to a political party — a candidate of the political party or a counting agent for the political party;
in relation to a group of independent candidates — an independent candidate in the group or a counting agent for the group; or
in relation to an independent candidate (not being part of a group of candidates) — the independent candidate or a counting agent for the independent candidate.
Supplementary provisions for authenticating postal voting papers during pre‑count examination
During the pre‑count examination of postal voting papers under section 56C of the Act, the Returning Officer may use the information contained in the QR code on an envelope to verify whether or not —
it is a return envelope issued under regulation 26 or 27; and
the signature on the envelope in the area demarcated for the purpose mentioned in regulation 28(1)(e) substantially matches the signature of a postal elector.
If the Returning Officer is not satisfied that —
the return envelope is issued under regulation 26 or 27; or
the signature on the return envelope is substantially identical to the wet‑ink signature of a postal elector submitted to the Registration Officer under the Parliamentary Elections (Registration of Overseas Electors) Regulations 2023,the Returning Officer —
must disallow the return envelope (and any postal ballot paper inside) from being counted; but(d)must not open the return envelope.
Opening of ballot boxes from overseas polling stations
Section 49(4) of the Act (opening of ballot boxes) does not apply in relation to the counting of overseas votes.
Without affecting section 56C(1) of the Act and before starting the counting of any votes cast at overseas polling stations, the Returning Officer or a person authorised by him or her must, at the counting place for overseas votes and in the presence of such of the candidates and their counting agents as are in attendance, carry out the following:
arrange all the ballot boxes received according to their overseas polling stations;
subject to paragraph (3), open every ballot box from each overseas polling station that is received;
take all the ballot papers out from the opened ballot boxes.
The Returning Officer must not open any ballot box from an overseas polling station that reaches the custody of the Returning Officer in Singapore after the deadline specified in section 56D(3) of the Act.
Sorting of overseas votes
Subject to section 56D of the Act (counting of votes by overseas electors), the Returning Officer or a person authorised by him or her must —
in counting the votes cast at all overseas polling stations —
mix together all ballot papers in the opened ballot boxes from all overseas polling stations; and
in the case of a general election — separate the ballot papers mixed under sub‑paragraph (i) into the respective electoral divisions to which the ballot papers relate; and
in counting the votes cast by the postal voting method in a general election — after the pre‑count examination of the postal ballot papers, separate the postal ballot papers into the respective electoral divisions to which the postal ballot papers relate.
Maximum number of representatives at areas demarcated for counting of overseas votes for specified electoral division
The Returning Officer may demarcate, within a counting place for overseas votes, an area for the counting of overseas votes cast in respect of a specified electoral division.
Paragraphs (3) to (7) apply if an area is demarcated under paragraph (1) for the counting of overseas votes cast in respect of a specified electoral division.
Subject to paragraph (4), the following persons may be present within the demarcated area while the overseas votes cast in respect of the specified electoral division are being counted:
the representatives of a political party that has a candidate or group of candidates (as the case may be) for the specified electoral division;
the representatives of an independent candidate or a group of independent candidates (as the case may be) for the specified electoral division.
The maximum number of representatives that a political party, an independent candidate or a group of independent candidates may have in the demarcated area is X + 1, where X is the number of Members to be returned for the specified electoral division.
Section 50(3) of the Act does not apply in relation to the rejection of overseas votes counted in the demarcated area.
Before rejecting an overseas vote, the Returning Officer must show it to each representative present in the demarcated area and hear the representative’s views, taking all proper precautions to prevent any person from seeing any number printed on the overseas vote.
In this regulation, “representative” has the meaning given by regulation 34(4).
Recounting of overseas votes
This regulation applies if the Returning Officer made a declaration under section 49(7)(b) or (7E)(b) of the Act in an election in an electoral division.
The Returning Officer must conduct a recount of the overseas votes at the election if the difference between the following is 2% or less of the total number of votes cast by all electors (excluding rejected votes and tendered votes) at the election:
the total number of votes given by all electors to the candidate or group of candidates with the most votes;
the total number of votes given by all electors to any other candidate or group of candidates.
No official mark for postal ballot papers
Section 50(1)(a) of the Act does not apply to or in relation to a postal ballot paper.
Part 5
Expunging names of non-voters
In its application in relation to overseas polling stations, a reference to the registers of electors in section 43(3) of the Act (lawful to break seals of packets containing registers of electors) is to be read as a reference to the lists of overseas electors.
FIRST SCHEDULERegulation 18(5)Parliamentary Elections Act 1954Parliamentary Elections (OVERSEAS VOTING) REGULATIONS 2024DIRECTIONS FOR GUIDANCE OF VOTERS1.When you are given a ballot paper, go to a voting compartment.2.Mark your ballot paper with an “X” in the empty box for the candidate or group of candidates you are voting for.(a)Do not make any other mark on your ballot paper, or your vote may not be counted.(b)If you make a mistake when marking your ballot paper, return it to the presiding officer and ask for another ballot paper.3.After marking your ballot paper, fold it in half and drop it into the ballot box. Do not let anyone see your vote.4.Leave the polling station immediately after dropping your ballot paper into the ballot box.
Forms
SECOND SCHEDULERegulation 23(1)FormsFORM PV 1FORM PV 2FORM PV 3