Singapore legislation
Section 36C
Section 36C
Pre-count examination of postal voting papers
(1)
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.