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Malfunction of electronic polling machine or electronic polling equipment

Housing and Development (Polling for Upgrading Works) Rules

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—(1) The chief polling officer shall monitor or cause to be monitored the electronic polling machines and electronic polling equipment for tampering and damage or any malfunction while voting is in progress. (2) If at any time the chief polling officer determines that the electronic polling machines or electronic polling equipment for use at the poll cannot be replaced or repaired promptly and that polling cannot be continued using the available electronic polling machines and electronic polling equipment without interfering substantially with the orderly conduct of the poll, the chief polling officer shall —(a)if polling has already commenced, halt polling; and (b)make such necessary arrangements for polling —(i)to commence or resume, as the case may be, on the same day using either the electronic polling system or polling papers in accordance with these Rules; or (ii)to be adjourned and to re-open on the next polling day of the poll specified in a notice under rule 17 or 17A, as the case may be, using either the electronic polling system or polling papers in accordance with these Rules. (3) If the chief polling officer halts polling pursuant to paragraph (2)(a), he shall as soon as possible —(a)obtain such reports or data relating to the poll as may be necessary to determine the polling data stored in the electronic polling machines at the time when the polling is halted, and place the reports and data in an envelope and seal the envelope with his seal in such a manner that nothing can be inserted or removed from the envelope without breaking the seal; (b)if any electronic polling machine or electronic polling equipment needs to be repaired, cause the electronic polling machine or electronic polling equipment to be repaired; and (c)seal and secure the electronic polling machines and electronic polling equipment against use. (4) The chief polling officer shall take all proper precautions for the security of the envelope referred to in paragraph (3)(a) and the contents therein. (5) Where after the poll has been conducted using polling papers pursuant to paragraph (2)(b), the chief polling officer determines that the electronic polling machines and electronic polling equipment are in order for use in the poll, he may —(a)halt polling using polling papers; and (b)resume or re-open polling using the electronic polling system. (6) If the chief polling officer halts polling using polling papers pursuant to paragraph (5)(a), he shall comply with rules 25 to 29 in respect of the polling conducted on that polling day using polling papers, as though the poll had been adjourned. (7) For the avoidance of doubt, if polling resumes or re-opens using the electronic polling system pursuant to paragraph (2)(b) or (5)(b), the chief polling officer shall immediately before the poll resumes or re-opens, as the case may be, in the presence of one or more scrutineers —(a)unseal and unsecure the electronic polling machines and electronic polling equipment for use at the poll; (b)ensure that polling data stored in the electronic polling machines is consistent with the reports and data referred to in paragraph (3)(a) and the daily statements of the poll relating to all the polling days of the poll up to the resumption or re-opening of polling referred to in this paragraph; and (c)verify that the electronic polling machines and electronic polling equipment to be used in the poll are in order. (8) If the scrutineers are satisfied as to the matters in paragraph (7), they shall certify accordingly in Form 4A in the First Schedule. (9) For the avoidance of doubt, paragraphs (7) and (8) shall apply instead of rule 34F to the re-opening of a poll using the electronic polling system pursuant to paragraph (2)(b) or (5)(b). (10) Paragraphs (3)(c) and (7)(a) shall not apply to any electronic polling machine or electronic polling equipment that is to be used for polling immediately after it is repaired pursuant to paragraph (3)(b).

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