Presidential Elections (Overseas Voting) Regulations 2023

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 assigned to an overseas polling station becomes unable to act, he or she must —

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.

Subject to regulation 6, the Returning Officer must assign to each 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 —

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 —

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.

A senior presiding officer for an overseas polling station must exercise general supervision over —

A presiding officer for an overseas polling station under regulation 5(1)(a) must —

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.

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 36(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.

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 certified registers of electors.

Every list of overseas electors must be certified by the Registration Officer by nomination day.

The Returning Officer must cause to be delivered to each overseas polling station —

The materials and instructions must be delivered to the Assistant Returning Officer for an overseas polling station —

Without limiting paragraph (1)(a), the following election materials must be delivered:

Until the poll opens at an overseas polling station, the Assistant Returning Officer for that 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 —

Section 22(2) of the Act does not apply in relation to an overseas polling station.

Section 22(7) 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 —

A person required by section 36(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 22(6) of the Act —

A polling agent of a candidate must not be admitted to an overseas polling station unless the candidate or the candidate’s principal election agent or election agent provides the following information in writing to the Returning Officer no later than 2 clear days before polling day:

Section 45(1B) 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 —

A person must not be given a ballot paper, or be admitted to vote, at an overseas polling station if he or she refuses —

A presiding officer at an overseas polling station must ensure that a person seeking to enter an overseas polling station to vote is admitted if the person is entitled to vote at that overseas polling station.

Section 25(3) 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(7)(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:

Despite section 25(4) 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 25(9) of the Act —

Section 31 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 —

Each ballot box within the overseas polling station must —

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 —

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.

For the purposes of the Act —

Section 23(2) and (3) of the Act does not apply to or in relation to a postal ballot paper.

The Returning Officer must assign a postal elector number to each postal elector.

A postal elector number for a postal elector —

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.

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 —

Subject to section 52 of the Act, a postal elector may make more than one application under paragraph (1).

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 —

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 —

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 52 of the Act, a postal elector who made an application under paragraph (1) is not precluded from making an application under regulation 26(1).

To record his or her vote using the posting 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:

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 25 of the Act (manner of voting) does not apply in relation to the postal voting method.

For the purposes of section 36B(3)(d) of the Act, the Returning Officer —

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.

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 —

If the Returning Officer has reasonable grounds to believe that a return envelope contains harmful or hazardous substances, the Returning Officer must —

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 36E(2) of the Act.

Subject to the provisions of this Part, the counting of votes cast by overseas electors must be conducted, as far as practicable —

However, section 33(1)(a) of the Act does not apply to or in relation to a postal ballot paper.

Section 32(2) of the Act (number of counting agents) does not apply in relation to the counting of votes cast at overseas polling stations and by the postal voting method.

For the purposes of section 36D(5) of the Act, the maximum number of counting agents that may be appointed under section 32(1) of the Act for each candidate to attend at each counting place directed under section 36D(1) of the Act is —

The Returning Officer may demarcate, within a counting place, one or more areas for conducting pre-count examination of postal voting papers.

If 3 or fewer areas are demarcated, the total number of counting agents for each candidate in those areas must not exceed 3.

If 4 or more areas are demarcated, only one counting agent for each candidate may be present in each of those areas at any one time.

During the pre-count examination of postal voting papers under section 36C of the Act, the Returning Officer may use the information contained in the QR code on an envelope to verify whether or not —

If the Returning Officer is not satisfied that —

Section 32(4) of the Act (opening of ballot boxes) does not apply in relation to the counting of votes cast at overseas polling stations and by the postal voting method.

Without affecting section 36C(1) of the Act and before starting the counting of any votes cast in 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 attend, carry out the following:

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 36D(3) of the Act.

This regulation applies if the Returning Officer made a declaration under section 32(8)(b) or (8D)(b) of the Act in an election.

The Returning Officer must conduct a recount of the votes cast by overseas electors 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: