On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 15/04/2011.
49.
—(1) Subject to subsection (2) —
(a)
counting agents for any candidate nominated for an electoral division other than a group representation constituency may be appointed either by the candidate or his election agent only; and
(b)
counting agents for any group of candidates nominated for a group representation constituency may be appointed either by the election agent of any candidate in the group or the principal election agent for that group only.
[18/99]
(2) Not more than one counting agent may be appointed for a candidate or group of candidates to attend the counting of votes at each counting place specified in the direction made under section 48A(1).
[18/99]
(2A) The Returning Officer shall make arrangements for the counting of votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —
(a)
where only one counting place is specified for an electoral division in a direction made under section 48A(1) — after he has received at that counting place all the ballot boxes used during the poll conducted in Singapore; or
(b)
where more than one counting place is specified for an electoral division in a direction made under section 48A(1), after —
(i)
the procedure in section 48 has been complied with at the close of the poll if the counting place is also a polling station; and
(ii)
the Assistant Returning Officer in charge of each counting place has received at his 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.
[42/96; 19/2001]
(3) The Returning Officer, his 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, he or a person authorised by him shall, 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.
(4A) The Returning Officer, while counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(5) The Returning Officer shall so far as practicable proceed continuously with counting the votes and shall endorse “rejected” on any ballot paper which he may reject as invalid.
(6) The Returning Officer shall not count the tendered ballot papers but shall place them in separate packets according to the candidate or group of candidates whom they support and shall mark each packet with the name of the candidate or group of candidates and shall seal the packet and retain it unless it is required for the purposes of an application under section 90.
[10/88; 42/2005]
(7) Where only one counting place is specified for an electoral division under section 48A(1), the Returning Officer shall, when the counting of votes cast at all polling stations in Singapore is completed at that sole counting place or, if a recount thereof is allowed under section 49B, after that recount is completed, immediately act as follows:
(a)
where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; or
(b)
where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.
[19/2001]
(7A) Where more than one counting place is specified for an electoral division in a direction made under section 48A(1), an Assistant Returning Officer shall, immediately after the counting of votes cast in Singapore is completed at the counting place under his charge and, if a recount thereof is allowed under section 49B, after the recount is completed, at each counting place for the electoral division —
(a)
announce to the candidates or their counting agents as attend the number of votes given to each candidate or group of candidates;
(b)
prepare a record (referred to in this Act as the record of counting) in a prescribed form containing the number of votes given to each candidate or group of candidates and other results of the counting of votes at his counting place, and certify that record;
(c)
transmit to the principal counting place for that electoral division, by any means available, the results of the counting of votes at his counting place; and
(d)
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.
[42/96; 19/2001]
(7B) Except with the sanction of the Returning Officer, no person other than the following persons may be present at a principal counting place during the addition of votes:
(a)
the Returning Officer and such other officers and staff appointed by him to assist him in adding the votes cast for each candidate or group of candidates at the counting places and ascertaining the total number of votes given to each candidate or group of candidates at the poll; and
(b)
the candidates and their election agents or, where the votes to be added relate to a group of candidates, the groups of candidates and their principal election agents.
[42/96]
(7C) Notwithstanding subsection (7B), where a principal counting place is also a counting place, such counting agents as were present during the counting of votes may continue to be present during the addition of votes.
[42/96]
(7D) At a principal counting place for an electoral division, the Returning Officer shall, upon receipt of the results of the counting of votes at all counting places for that electoral division, ascertain the total number of votes given to each candidate or group of candidates at the poll by adding up the number of votes recorded for each candidate or group of candidates in those results.
[42/96]
(7E) When the total number of votes cast at polling stations in Singapore for each candidate or (as the case may be) group of candidates at an election in an electoral division is ascertained under subsection (7D), or if a recount thereof is allowed under section 49B, after that recount is completed, the Returning Officer shall immediately act as follows:
(a)
where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is less than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate or (as the case may be) group of candidates to whom the greatest number of votes is given to be elected; or
(b)
where the total number of overseas electors lawfully entitled to vote at the election in that electoral division is equal to or more than the difference between the number of votes given to the candidates or (as the case may be) groups of candidates with the 2 greatest number of votes, the Returning Officer shall declare the number of votes cast in Singapore in favour of each candidate or (as the case may be) group of candidates at the election, and the date and premises at which the votes cast by the overseas electors will be counted.
[19/2001]
(8) When, after the counting of votes (including any recount allowed under section 49B) is completed, an equality of votes is found to exist between any candidates or groups of candidates, and the addition of a vote would entitle any of the candidates or groups of candidates to be declared elected, the determination of the candidate or group of candidates to whom the one additional vote shall be deemed to have been given shall be made by lot in the presence of the Returning Officer in such manner as he may determine.
[10/88; 19/2001]
(9) After the Returning Officer has made any declaration under subsection (7) or (7E), he shall ensure that the following procedures are complied with at every counting place and principal counting place:
(a)
all ballot papers and all other documents relating to the election at every counting place and principal counting place shall be sealed up in separate packets and placed in any ballot box or boxes;
(b)
the ballot box or boxes shall 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;
(c)
the sealed ballot box or boxes shall be despatched and delivered in safe custody to the Returning Officer;
(d)
subject to subsection (10), the ballot papers and other documents in the sealed ballot box or boxes shall be retained in safe custody for a period of 6 months; and
(e)
the ballot papers and other documents shall be destroyed at the end of the period of 6 months unless otherwise directed by order of the President.
[19/2001]
(10) A Judge of the High Court 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.
(11) A Judge of the High Court shall not make an order under subsection (10) unless he is satisfied that the inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an application under section 90 in connection with the election.
[42/2005]
(12) Except as provided in this section, no person shall be allowed to inspect any such ballot paper or document after it has been sealed up in pursuance of subsection (9).
[16/93]