Singapore legislation
Section 32
Section 32
Counting votes
(1)
Each candidate or any of his or her election agents may appoint an agent (called in this Act the counting agent) to attend the counting of the votes and must give written notice of the name and address of the counting agent so appointed to the Returning Officer.
(2)
Each candidate or any of his or her election agents may appoint not more than one counting agent to attend the counting of votes at each counting place specified under this Act.
(2A)
The Returning Officer must make arrangements for counting the votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —
where only one counting place is specified under this Act — after the Returning Officer has received all the ballot boxes used during the poll conducted in Singapore; or
where more than one counting place is specified under this Act, after —
the procedure in section 31 has been complied with at the close of the poll if the counting place is also a polling station; and
the Assistant Returning Officer in charge of each counting place has received at his or her 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.
(3)
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 counting of the votes.
(4)
Before the Returning Officer proceeds to count the votes, the Returning Officer or a person authorised by him or her must, in the presence of such of the candidates and their counting agents as attend, open each ballot box and, taking out the papers therein, mix together the whole of the ballot papers contained in the ballot boxes.
(5)
The votes may be counted manually or by mechanical or electronic means.
(5A)
The Returning Officer must, while counting the votes, take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(6)
The Returning Officer must so far as practicable proceed continuously with counting the votes and must endorse “rejected” on any ballot paper which the Returning Officer may reject as invalid.
(7)
The Returning Officer must not count the tendered ballot papers but must place them in separate packets according to the candidate whom they support and mark each packet with the name of the candidate, and must seal the packet and retain it unless it is required for the purposes of an application under section 71.
(8)
Where only one counting place is specified under this Act, the Returning Officer must, when the counting of votes cast at all polling stations in Singapore is completed at the sole counting place or, if a recount thereof is conducted under section 32B, after that recount is completed, immediately act as follows:
where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the candidate to whom the greatest number of votes is given to be elected;
where the total number of overseas electors lawfully entitled to vote at the election is equal to or more than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the number of votes cast in Singapore in favour of each candidate at the election, and the date and premises at which the votes cast by the overseas electors will be counted.
(8A)
Where more than one counting place is specified under this Act, the Returning Officer must, immediately after the counting of votes cast in Singapore is completed at the counting place under his or her charge and, if a recount thereof is conducted under section 32B, after that recount is completed, at each counting place —
announce to the candidates or their counting agents as attend the number of votes given to each candidate;
prepare a record (called in this Act the record of counting) in a prescribed form containing the number of votes given to each candidate and other results of the counting of votes at the counting place, and certify that record;
transmit to the principal counting place, by any means available, the results of the counting of votes at the counting place; and
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.
(8B)
Except with the sanction of the Returning Officer, no person other than —
the Returning Officer and such other officers and staff appointed by the Returning Officer to assist him or her in adding the votes cast for each candidate at the counting places and ascertaining the total number of votes given to each candidate at the poll; and
the candidates and their principal election agents,may be present at the principal counting place during the addition of the votes.
(8C)
At the principal counting place, the Returning Officer must, upon receipt of the results of the counting of votes at all counting places, ascertain the total number of votes given to each candidate at the poll by adding up the number of votes recorded for each candidate in the said results.
(8D)
When the total number of votes cast at polling stations in Singapore for each candidate at an election is ascertained under subsection (8C), or if a recount thereof is conducted under section 32B, after that recount is completed, the Returning Officer must immediately act as follows:
where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the candidate to whom the greatest number of votes is given to be elected;
where the total number of overseas electors lawfully entitled to vote at the election is equal to or more than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the number of votes cast in Singapore in favour of each candidate at the election, and the date and premises at which the votes cast by the overseas electors will be counted.
(9)
When, after the counting of votes (including any recount conducted under section 32B) is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom the one additional vote is deemed to have been given must be made by lot in the presence of the Returning Officer in such manner as the Returning Officer may determine.
(10)
After the Returning Officer has made any declaration under subsection (8) or (8D), the Returning Officer must ensure that the following procedures are complied with at every counting place and principal counting place:
all ballot papers and all other documents relating to the election at every counting place and principal counting place must be sealed up in separate packets and placed in any ballot box or 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 subsection (11), the ballot papers and other documents in the sealed ballot box or boxes 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.
(11)
An Election Judge may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Act be inspected, copied or produced at such time and place and subject to such conditions as the Judge may consider expedient.
(11A)
No Election Judge is to make such an order unless he or she is satisfied that the inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an application under section 71 in connection with the election.
(12)
Except as provided in this section, no person is allowed to inspect any such ballot paper or document after it has been sealed up pursuant to subsection (10).