Section 36DA
Ballot box lost or destroyed after close of poll in Singapore
of Presidential Elections Act 1991
(1)
The Returning Officer must wholly abandon the counting of all the votes cast at a polling station in Singapore (called in this section the affected polling station) in an election if any sealed ballot box containing votes cast at the affected polling station in the election is lost or destroyed at any time —
after the close of the poll at the affected polling station; and
before the ballot box reaches the counting place specified under this Act for the counting of the votes cast at the affected polling station.
(2)
The Returning Officer must restart (within the time delimited by Article 17A(2) of the Constitution) the polling at the affected polling station if the Returning Officer is satisfied that the aggregate of the following is equal to or more than the difference between the number of votes given in Singapore to the candidates with the 2 greatest number of votes:
the total number of affected electors lawfully entitled to vote in the election;
the total number of overseas electors lawfully entitled to vote in the election.
(3)
The Returning Officer must, as soon as practicable, inform the candidates of the abandonment of the counting of the votes cast at the affected polling station and whether the polling at the affected polling station must restart.
(4)
Where the polling at the affected polling station must restart, the counting of the votes cast at the overseas polling stations in the election stands postponed —
in the case where a sealed ballot box containing votes cast at an overseas polling station in the election is also lost or destroyed and section 36DB(2) applies in respect of that overseas polling station, to the date specified by the Returning Officer under section 36DB(5)(b)(ii); and
in any other case, to the date specified by the Returning Officer under subsection (5)(b)(iii).
(5)
The Returning Officer must, as soon as practicable, publish a notice in the Gazette —
stating that the Returning Officer has abandoned the counting of all the votes cast at the affected polling station; and
where subsection (2) applies, specifying —
the date on which the polling is to restart, the hours of the poll and the location of the polling station in Singapore (whether or not at the same location as the affected polling station) where the poll will be conducted;
the date on, the time at and the counting place in Singapore at which the votes cast at the polling station during the restarted poll will be counted; and
the date on, the time at and the counting place in Singapore at which the votes cast at the overseas polling stations in the election will be counted.
(6)
Any restart of polling in an election or other change under this section is valid and sufficient, and any polling day or polling station specified by the Returning Officer under this section is deemed to be the polling day or polling station (as the case may be) specified in the notice published under section 16(5) in respect of that election.
(7)
Nothing in this section restricts the exercise of any power under section 33C(3).
(8)
The Minister may prescribe the manner in which the abandonment of the counting of votes, the restart of polling, or the counting of votes, under this section is to be carried out.
(9)
In this section, “affected electors”, in relation to an election, means the electors (excluding overseas electors) who are allotted to an affected polling station under section 18(1)(c) for the purposes of the election.