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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 19] Friday, May 18 [2001

The following Act was passed by Parliament on 20th April 2001 and assented to by the President on 30th April 2001:—
Parliamentary Elections (Amendment) Act 2001

(No. 19 of 2001)


I assent.

S R NATHAN,
President.
30th April 2001.
Date of Commencement: 15th May 2001
An Act to amend the Parliamentary Elections Act (Chapter 218 of the 1999 Revised Edition) and to make related and miscellaneous amendments to certain other written laws.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Parliamentary Elections (Amendment) Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2 of the Parliamentary Elections Act (referred to in this Act as the principal Act) is amended —
(a)
by inserting, immediately before the definition of “candidate”, the following definitions:
“ “ballot box” includes a ballot container;
“ballot display” means an electronic video display, image or representation of a ballot paper on a screen;”;
(b)
by inserting, immediately after the definition of “Commissioner of National Registration”, the following definitions:
“ “direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro-optical machine that can —
(a)
be activated by a voter to mark or record his vote for any candidate or group of candidates on a ballot display on the machine;
(b)
process the vote by means of a computer program;
(c)
instantaneously record and store that vote within a memory device within the machine; and
(d)
sort and count votes marked or recorded on all ballot displays on that machine,
and includes any computer program that is used in the operation of the machine;
“direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines;”;
(c)
by inserting, immediately after the definition of “Member”, the following definitions:
“ “overseas elector” means an elector who is registered under section 13 or 13A in any register of electors as an overseas elector;
“overseas polling station” means such premises within an embassy, High Commission, diplomatic mission or consulate of Singapore situated in any territory outside Singapore as the Returning Officer approves under section 36A(2) to be an overseas polling station;
“overseas registration centre” means an overseas registration centre established under section 10(4);”;
(d)
by inserting, immediately after the definition of “polling district”, the following definitions:
“ “polling station” means any polling station established by or under the authority of the Returning Officer under section 36A for voters to cast their votes at an election, and includes any overseas polling station;
“presidential election” means an election under the Presidential Elections Act (Cap. 240A);”; and
(e)
by inserting, immediately after the definition of “principal election agent”, the following definition:
“ “public authority” means any body corporate, board or authority established by or under any written law for the performance of any public function, but excludes any Town Council constituted under the Town Councils Act (Cap. 329A);”.
Amendment of section 5
3.  Section 5 of the principal Act is amended —
(a)
by inserting, immediately after subsection (1), the following subsection:
(1A)  For the purposes of subsection (1)(b), a person shall be deemed to be ordinarily resident in Singapore on the prescribed date in a year if, on that date —
(a)
the person is not resident in Singapore but has resided in Singapore for an aggregate of 2 years during the period of 5 years immediately preceding the prescribed date; or
(b)
the person is —
(i)
a member of the Singapore Armed Forces on full-time training or service outside Singapore;
(ii)
a public officer or an employee of any public authority employed in full-time service outside Singapore;
(iii)
a public officer or an employee of a public authority on full-time training outside Singapore;
(iv)
a citizen of Singapore of not less than 21 years of age on full-time training outside Singapore that is sponsored by the Government or any public authority;
(v)
employed outside Singapore by an international organisation of which Singapore is a member or by any other body or organisation designated by the President under Article 135(1)(c) (ii) of the Constitution of the Republic of Singapore; or
(vi)
the spouse or a parent, child or dependent of any person referred to in sub-paragraph (i), (ii), (iii), (iv) or (v) and is living with that person.”;
(b)
by inserting, immediately after the word “shown” in subsection (2)(c) and in the 4th line of subsection (3), the words “on the prescribed date”;
(c)
by inserting, immediately after the words “place of residence” in the last line of subsection (3), the words “or is an address situated outside Singapore”;
(d)
by deleting the words “and (2)” in subsection (4) and substituting the words “, (1A) and (2)”; and
(e)
by inserting, immediately after subsection (5), the following subsection:
(6)  For the purposes of this section, the contact address of the holder of an identity card referred to in section 8(2) of the National Registration Act (Cap. 201) shall be regarded as his latest address in the register maintained by the Commissioner of National Registration.”.
Amendment of section 6
4.  Section 6 of the principal Act is amended —
(a)
by deleting the words “in Singapore or in Malaysia or any other part of the Commonwealth,” in the 2nd and 3rd lines of subsection (1)(b) and substituting the words “in or outside Singapore”;
(b)
by deleting the words “section 43(8)” in subsection (1)(g) and substituting the words “section 43(8) or (8A), as the case may be”;
(c)
by inserting, immediately after subsection (1), the following subsection:
(1A)  Without prejudice to subsection (1), no person who is deemed to be ordinarily resident in Singapore under section 5(1A) shall be entitled to have his name entered or retained in any register of electors if he is —
(a)
serving a sentence of imprisonment (by whatever name called) in any prison, jail or other place of detention outside Singapore;
(b)
accused of an offence against any written law punishable with imprisonment for a term exceeding 12 months and a warrant of arrest by a court in Singapore authorising his apprehension in relation to that offence remains in force; or
(c)
convicted by any court in Singapore of any offence punishable with imprisonment for a term exceeding 12 months and a warrant of arrest by a court in Singapore authorising his apprehension in relation to that offence remains in force.”; and
(d)
by deleting the words “in Malaysia or any other part of the Commonwealth” in the 2nd line of subsection (2) and substituting the words “outside Singapore”.
Amendment of section 7
5.  Section 7 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:
(2)  Any person who votes as an elector —
(a)
in or in respect of an electoral division other than the electoral division in which he is registered;
(b)
more than once at any election in or in respect of the same electoral division in which he is registered as an elector; or
(c)
in or in respect of more than one electoral division at any general election,
shall be guilty of an illegal practice.”.
Amendment of section 9
6.  Section 9 of the principal Act is amended —
(a)
by deleting subsection (3); and
(b)
by deleting the words “and polling stations” in the section heading.
Amendment of section 10
7.  Section 10 of the principal Act is amended —
(a)
by deleting the words “in the division” in the penultimate line of subsection (3) and substituting the words “in or near the electoral division and at such overseas registration centres”; and
(b)
by inserting, immediately after subsection (3), the following subsection:
(4)  The Registration Officer may, for the purpose of registering persons as overseas electors, establish such number of overseas registration centres as he considers practicable in any embassy, High Commission, diplomatic mission or consulate of Singapore situated in any territory outside Singapore.”.
Amendment of section 11
8.  Section 11 of the principal Act is amended —
(a)
by deleting the words “within the electoral division in which those claimants reside” in the penultimate and last lines of subsection (2A) and substituting the words “in or near the electoral division in which those claimants reside and at the overseas registration centres”;
(b)
by inserting, immediately after subsection (2A), the following subsection:
(2B)  A claim under subsection (1) may be made at an overseas registration centre and be accompanied by the claimant’s application to be registered as an overseas elector made in accordance with section 13A.”; and
(c)
by inserting, immediately after the words “in the register” in subsections (9B), (11)(b) and (12)(b)(ii), the words “and, where applicable, register the person as an overseas elector”.
New section 13A
9.  The principal Act is amended by inserting, immediately after section 13, the following section:
Registration as overseas elector
13A.
—(1)  Any person who is entitled to have his name entered or retained in any register of electors for an electoral division and who —
(a)
is not resident in Singapore but has resided in Singapore for an aggregate of 2 years during the period of 5 years immediately preceding the prescribed date referred to in section 5; or
(b)
is —
(i)
a member of the Singapore Armed Forces on full-time training or service outside Singapore;
(ii)
a public officer or an employee of any public authority employed in full-time service outside Singapore;
(iii)
a public officer or an employee of a public authority on full-time training outside Singapore;
(iv)
a citizen of Singapore of not less than 21 years of age on full-time training outside Singapore that is sponsored by the Government or any public authority;
(v)
employed outside Singapore by an international organisation of which Singapore is a member or by any other body or organisation designated by the President under Article 135(1)(c) (ii) of the Constitution of the Republic of Singapore; or
(vi)
the spouse or a parent, child or dependent of any person referred to in sub-paragraph (i), (ii), (iii), (iv) or (v) and is living with that person,
may, not later than 21 days after the date of publication in the Gazette of the notice under section 10(3) or 15 (2), as the case may be, of the notice of completion of the register, apply to the Registration Officer to be registered as an overseas elector for an electoral division at —
(A)
any place in or near the electoral division specified in that notice; or
(B)
any overseas registration centre.
(2)  An application under subsection (1) by any person to be registered as an overseas elector shall be accompanied by —
(a)
satisfactory proof of his identity;
(b)
particulars of the date he left Singapore and his current mailing address outside Singapore;
(c)
a declaration that he is a citizen of Singapore and is not less than 21 years of age;
(d)
a statement specifying the overseas polling station he desires to vote at in an election; and
(e)
any other information as the Registration Officer considers necessary to determine the person’s entitlement to have his name entered in a register or the electoral division in or in respect of which he may vote.
(3)  Notwithstanding anything to the contrary in section 13, the Registration Officer may, on receipt of any application under subsection (1), before or at any time after certifying any register of electors for any electoral division —
(a)
register the applicant as an overseas elector in the register of electors; and
(b)
allot the applicant to vote at the overseas polling station specified in his statement under subsection (2)(d) or any other overseas polling station.
(4)  The registration of any person under this section as an overseas elector in any register of electors shall continue in operation until superseded by the coming into operation of the next certified register relating to any area within that electoral division following any preparation of registers under section 10 or any revision of registers under section 14.”.
Amendment of section 17
10.  Section 17 (2) of the principal Act is amended by deleting the words “to (4)” and substituting the words “to (7)”.
New section 21A
11.  The principal Act is amended by inserting, immediately after section 21, the following section:
Use of registers of electors
21A.
—(1)  Any candidate or his election agent who or any political party which, on payment of any fee, acquires from the Registration Officer any copy (whether in printed or electronic form) of any register of electors —
(a)
shall use any information recorded in the register only for communicating with electors;
(b)
shall not use any information recorded in the register for commercial purposes; and
(c)
may disclose any information recorded in the register to others only after obtaining their written acknowledgment that they are bound by the restrictions in this subsection.
(2)  Subject to subsection (3), no person who obtains any information recorded in any register of electors shall reproduce, store or transmit any part of the information by electronic or any other means for any purpose.
(3)  Subsection (2) shall not apply to —
(a)
a candidate or his election agent who or any political party which, on payment of any fee, acquires a copy of a register of electors from the Registration Officer; or
(b)
a person who obtains information in any register of electors from a candidate, an election agent or a political party after giving a written acknowledgment described in subsection (1)(c).
(4)  Any person who knowingly contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(5)  In this section, “candidate” includes a candidate at any presidential election.”.
Amendment of section 34
12.  Section 34 (6) of the principal Act is amended by inserting, immediately after paragraph (a), the following paragraphs:
(aa)
whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;
(ab)
the day and hours of the poll at every overseas polling station;”.
Amendment of section 34A
13.  Section 34A (6) of the principal Act is amended by inserting, immediately after paragraph (a), the following paragraphs:
(aa)
whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system;
(ab)
the day and hours of the poll at every overseas polling station;”.
New section 36A
14.  The principal Act is amended by inserting, immediately after section 36, the following section:
Polling places and polling stations
36A.
—(1)  The Returning Officer shall, for the purposes of the poll in any electoral division —
(a)
establish a sufficient number of polling stations within each polling district of the electoral division for the conduct of the poll;
(b)
provide as many polling places within each polling station as he considers necessary; and
(c)
allot the electors (including overseas electors) to the polling stations in the electoral division in such manner as he thinks convenient.
(2)  The Returning Officer may, for the purposes of the poll at any election, approve the use of such premises within any embassy, High Commission, diplomatic mission or consulate of Singapore situated in any territory outside Singapore as he thinks practicable or suitable as an overseas polling station for overseas electors to cast their votes thereat.
(3)  A polling station shall comprise such premises or such area within any premises as are demarcated by or under the authority of the Returning Officer to be a polling station.”.
Amendment of section 39
15.  Section 39 of the principal Act is amended —
(a)
by deleting the words “subsection (1A)” in subsection (1) and substituting the words “subsections (1A) and (2A)”;
(b)
by inserting, immediately after subsection (2), the following subsection:
(2A)  Subject to section 7, an overseas elector shall also be entitled to be admitted to vote at the overseas polling station allotted to him under section 13A(3).”; and
(c)
by inserting, immediately after the words “in the Gazette” in subsection (3), the words “or under section 50C(3)(b)”.
New section 39A
16.  The principal Act is amended by inserting, immediately after section 39, the following section:
Voting by overseas electors
39A.
—(1)  Subject to section 7, any overseas elector who intends to cast his vote at the poll for a contested election in an electoral division may vote at —
(a)
the overseas polling station allotted to him under section 13A(3) by the Registration Officer; or
(b)
the polling station in the electoral division allotted to him under section 36A(1),
but not at both in respect of the same election.
(2)  The hours of any poll for any contested election at an overseas polling station shall be not less than 4 hours but not more than 12 hours and may be carried out in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station shall close not later than the close of the poll on polling day in Singapore.
(3)  Except as otherwise provided in this section and any regulations made thereunder, any poll (including an advance poll) at an overseas polling station shall be conducted in the same manner as that in which voting at a polling station within Singapore on polling day is conducted, and shall be regarded as such for the purposes of this Act.
(4)  The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls in overseas polling stations, including in particular, the appointment of presiding officers for overseas polling stations, the procedures on closing of the poll and for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore.”.
Amendment of section 40
17.  Section 40 (1) of the principal Act is amended by inserting, immediately after the words “at an election” in the 1st line, the words “not using a DRE voting system”.
Amendment of section 43
18.  Section 43 (6) of the principal Act is amended by deleting the words “in each electoral division” in the penultimate line and substituting the words “in or near each electoral division and at such overseas registration centres”.
Amendment of section 48A
19.  Section 48A of the principal Act is amended —
(a)
by inserting, immediately after the words “polling station or stations” in subsection (1)(a), the words “in Singapore”;
(b)
by inserting, immediately after subsection (1), the following subsection:
(1A)  The votes cast at all overseas polling stations shall be counted at such place or places in Singapore as the Returning Officer directs.”; and
(c)
by inserting, immediately after the words “subsection (1)” in subsection (2), the words “or (1A)”.
Amendment of section 49
20.  Section 49 of the principal Act is amended —
(a)
by inserting, immediately after the words “during the poll” in subsection (2A)(a), the words “conducted in Singapore”;
(b)
by deleting paragraph (b) of subsection (2A) and substituting the following paragraph:
(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.”;
(c)
by deleting subsection (7) and substituting the following subsection:
(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, forthwith 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.”;
(d)
by deleting the words “counting of votes or, where any candidate or his counting agent applies to the Assistant Returning Officer for a recount, after the recounting of votes,” in the 3rd to 6th lines of subsection (7A) and substituting the words “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,”;
(e)
by inserting at the end of paragraph (c) of subsection (7A), the word “and”;
(f)
by deleting paragraphs (d), (e) and (f) of subsection (7A) and substituting the following paragraph:
(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.”;
(g)
by deleting subsection (7E) and substituting the following subsection:
(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 forthwith 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.”;
(h)
by inserting, immediately after the word “When” in subsection (8), the words “, after the counting of votes (including any recount allowed under section 49B) is completed,”; and
(i)
by deleting subsection (9) and substituting the following subsection:
(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.”.
New sections 49A and 49B
21.  The principal Act is amended by inserting, immediately after section 49, the following sections:
Counting of votes by overseas electors
49A.
—(1)  All the sealed ballot boxes containing the votes cast at any overseas polling station must arrive at the office of the Returning Office in Singapore not later than 10 days after polling day at an election in order for those votes to be counted.
(2)  The Returning Officer shall make arrangements for the votes cast by overseas electors to be counted at such place or places in Singapore as he directs under section 48A(1A).
(3)  Subject to subsection (1), such arrangements shall provide for the counting of votes cast by overseas electors in the presence of the candidates and their counting agents as attend as soon as practicable after all the sealed ballot boxes used at overseas polling stations during the poll have been received by the Returning Officer in Singapore.
(4)  Sections 49, 49B and 50 shall apply to the counting (including recounting, if any) of the votes cast by overseas electors.
(5)  Where the Returning Officer has made a declaration under section 49(7)(b) or (7E)(b), the number of votes given by overseas electors to each candidate or group of candidates shall be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate or (as the case may be) group of candidates, and the Returning Officer shall forthwith declare the candidate or (as the case may be) group of candidates to whom the greatest total number of votes cast to be elected.
(6)  After the Returning Officer has made any declaration under subsection (5), he shall ensure that the following procedures are complied with:
(a)
all ballot papers and all other documents relating to the election at every place where the votes of overseas electors are counted 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 section 49(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.
Recounting of votes
49B.
—(1)  Subject to subsections (3) and (4), any candidate at an election in an electoral division or his counting agent may —
(a)
if he is present at the sole counting place specified for the electoral division and the counting of votes at that counting place is completed; or
(b)
if he is present at the principal counting place specified for the electoral division and the votes counted at all counting places for that electoral division have been added at that principal counting place,
apply to the Returning Officer to have the votes given at the election recounted.
(2)  Subject to subsections (3) and (4), the Returning Officer shall allow and conduct a recounting of votes if an application for a recount is made under this section.
(3)  Not more than one application to recount the votes given at any election in an electoral division shall be made or allowed under this section.
(4)  Without prejudice to subsection (3), no application for a recount shall be made and no recount shall be allowed under this section where the difference between the number of votes given to the candidate or (as the case may be) group of candidates with the most votes and the number cast for any other candidate or (as the case may be) group of candidates is more than 2% of the total number of votes cast (excluding rejected votes and tendered votes) at the election.
(5)  No step shall be taken under section 49 to declare any candidate or group of candidates elected until the candidates or counting agents present at the sole counting place for an electoral division or the principal counting place for the electoral division, as the case may be, have been given a reasonable opportunity to exercise the right conferred by this section.
(6)  Where an application for a recounting of votes is allowed by the Returning Officer, the votes at the counting place or, if there are more than one, at every counting place shall be recounted and added following the same procedure set out in sections 49 and 50.
(7)  This section and section 50 shall apply to the recounting of votes cast by overseas electors with such modifications as are necessary.”.
New sections 50A to 50D
22.  The principal Act is amended by inserting, immediately after section 50, the following sections:
Approval of DRE voting systems
50A.
—(1)  No DRE voting system shall be used at any poll in any electoral division unless the DRE voting system is approved before the date of the writ of the election under section 24 by —
(a)
the Auditor-General; or
(b)
any person appointed by the Minister in consultation with the Auditor-General.
(2)  The Auditor-General or person appointed under subsection (1) shall not approve any DRE voting system for use at any election in any electoral division unless, after conducting such tests as he considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he is satisfied that the DRE voting system —
(a)
permits voting in secrecy;
(b)
permits each voter to vote from all the candidates or groups of candidates as are nominated for the election;
(c)
operates safely and efficiently and accurately counts all votes cast for each candidate or group of candidates;
(d)
is set to detect voting errors and to reject all votes for any candidate or group of candidates when the number of votes recorded exceeds the number of votes that may lawfully be cast;
(e)
permits each voter to clearly see the ballot display;
(f)
is safe from fraudulent or unauthorised manipulation or operation;
(g)
ensures that all voting data stored in the DRE voting machines used shall be maintained regardless of electrical power surges or outages; and
(h)
is capable of providing records from which the operation of the DRE voting system may be audited and for verification of the accuracy of the recording and counting of votes, but that shall not allow for identification of any voter.
(3)  Subject to subsection (1), no DRE voting system shall be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 34(6) or (as the case may be) 34A (6), that a DRE voting system will be used at the poll in that electoral division.
(4)  Where a DRE voting system is to be used at any forthcoming poll in any electoral division in accordance with this section, the Returning Officer may, for the purpose of instructing electors, provide one or more demonstrations as to the use of the DRE voting system in one or more public places within that electoral division.
Approval of DRE voting machines and equipment
50B.
—(1)  It shall be the duty of the Returning Officer to provide at each polling station within every electoral division specified in his notice under section 34(6) or (as the case may be) 34A (6) —
(a)
a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes;
(b)
booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act and any regulations made thereunder; and
(c)
a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station.
(2)  Not earlier than 4 clear days before polling day, the Auditor-General or person appointed by the Minister under section 50A(1) shall inspect and conduct or cause to be inspected and conducted such tests on every DRE voting machine and direct recording electronic voting equipment to be used at a poll, and if he is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he shall not later than on the eve of polling day —
(a)
approve the DRE voting machine and equipment so tested for use at the poll;
(b)
number the approved DRE voting machine;
(c)
seal with his seal and secure the approved DRE voting machine and direct recording electronic voting equipment against use until polling day and despatch it in safe custody to the Returning Officer who shall store it in safe custody until polling day;
(d)
make a record containing the identification numbers of every such approved DRE voting machine and the respective polling stations to which each has been allocated; and
(e)
furnish a copy of the record to such candidate or his election agent who requests for such a copy before polling day.
(3)  Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) shall be carried out —
(a)
on such date and at such time and premises as the Returning Officer may specify by public notice not less than 5 clear days before polling day; and
(b)
in the presence of such candidate or his election agent or polling agent as may be present at those premises on that date and time.
Pre-poll testing of DRE voting system, etc.
50C.
—(1)  Immediately before the commencement of the poll in any electoral division specified in a notice under section 34(6) or (as the case may be) 34A (6), the presiding officer at every polling station within the electoral division shall, and in the sight of such person as may be present at the polling station —
(a)
ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 50B(2) and still sealed and secured against use;
(b)
install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station;
(c)
inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and
(d)
unsecure the DRE voting machine for use at the poll.
(2)  The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll shall periodically inspect or cause to be inspected the machines and equipment for tampering and damage or any malfunction while voting is in progress.
(3)  If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approved DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer shall, with the approval of the Returning Officer —
(a)
immediately halt voting at that polling station if the poll has already commenced; and
(b)
make such necessary arrangements for voting at the polling station —
(i)
to commence or resume, as the case may be, on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or
(ii)
to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette, being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act.
DRE voting system procedures generally
50D.
—(1)  Except as otherwise provided in sections 50B and 50C and any regulations made under this section, any poll using any DRE voting system shall be conducted in the same manner as that in which voting is conducted under sections 35 to 51, and shall be regarded as a poll for the purposes of this Act.
(2)  The ballot image displayed on any approved DRE voting machine at any poll shall be an identical representation in electronic form of the ballot paper used at the poll.
(3)  The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls using a DRE voting system, including in particular, prescribing the training of presiding officers in operating DRE voting systems, the procedures on opening and closing of such a poll, the manner of voting, the counting of votes and for the safe despatch or transmission of records of voting using DRE voting machines for counting, including recounting, if any.”.
Amendment of section 51
23.  Section 51 of the principal Act is amended by inserting, immediately after the words “declared by him”, the words “under section 49 (7) (a) or (7E) (a) and all the votes cast by overseas electors have been counted or after the result has been declared by him under section 49A (5), as the case may be,”.
Amendment of section 55
24.  Section 55 of the principal Act is amended —
(a)
by deleting the words “or packet of ballot papers” in subsection (1)(h) and substituting the words “, packet of ballot papers or any DRE voting machine or direct recording electronic voting equipment approved under section 50B(2)”; and
(b)
by inserting, immediately after the words “ballot paper” in the 2nd and 3rd lines of subsection (4), the words “, DRE voting machine, direct recording electronic voting equipment”.
Amendment of section 56
25.  Section 56 (6) of the principal Act is amended by inserting, immediately after the words “in a ballot box” in the last line, the words “, or after the voter has been authorised to use an approved DRE voting machine to mark or record his vote and before he marks or records his vote at the machine, as the case may be”.
Amendment of section 57
26.  Section 57 (1) of the principal Act is amended by inserting, immediately after the words “ballot paper” wherever they appear in paragraphs (a) and (b), the words “or to record his vote at a DRE voting machine”.
Related and miscellaneous amendments to certain Acts
27.  The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.
THE SCHEDULE
Related Amendments
First column
 
Second column
(1) National Registration Act
(Chapter 201, 1992 Ed.)
 
 
 
Renumber this section as subsection (1) and insert immediately thereafter the following subsection:
(2)  Where a person registered under the provisions of this Act has changed or changes his place of residence to a place outside Singapore, he may inform a registration officer of his contact address in Singapore, which shall be —
(a)
the address of any premises in Singapore which he still owns an estate or interest in and which is used or permitted under written law to be used as residence; or
(b)
the address of the place of residence in Singapore of —
(i)
his or her spouse, grandparent, parent, sibling, child or grandchild;
(ii)
any grandparent, parent or sibling of his or her spouse; or
(iii)
any sibling of any of his or her parents or his or her spouse’s parents or any child of any of his or her siblings or spouse’s siblings.”.
(b) Section 13(1)
 
Insert, immediately after paragraph (b), the following paragraph:
(ba)
informs a registration officer of an address as a contact address that is false or is not an address described in section 8(2)(a) or (b);”.
(2) Presidential Elections Act
(Chapter 240A, 1999 Ed.)
 
 
 
(i) Insert, immediately before the definition of “candidate”, the following definitions:
“ “ballot box” includes a ballot container;
“ballot display” means an electronic video display, image or representation of a ballot paper on a screen;”.
 
 
(ii) Insert, immediately after the definition of “Commissioner of National Registration”, the following definitions:
“ “direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro-optical machine that an —
(a)
be activated by a voter to mark or record his vote for any candidate or group of candidates on a ballot display on the machine;
(b)
process the vote by means of a computer program;
(c)
instantaneously record and store that vote within a memory device within the machine; and
(d)
sort and count votes marked or recorded on all ballot displays on that machine,
and includes any computer program that is used in the operation of the machine;
“direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines;”.
 
 
(iii) Insert, immediately after the definition of “electoral division”, the following definitions:
“ “overseas elector” means an elector who is registered under the Parliamentary Elections Act (Cap. 218) in any register of electors as an overseas elector;
“overseas polling station” means such premises within an embassy, High Commission, diplomatic mission or consulate of Singapore situated in any territory outside Singapore approved under section 36A(2) of the Parliamentary Elections Act to be an overseas polling station;”.
 
 
(iv) Insert, immediately after the definition of “polling district”, the following definition:
“ “polling station” means any polling station established by or under the authority of the Returning Officer under section 18 for voters to cast their votes at an election, and includes any overseas polling station;”.
(b) Section 16(5)
 
Insert, immediately after paragraph (a), the following paragraphs:
(aa)
whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system and the electoral division which will use the system at the poll;
(ab)
the day and hours of the poll at every overseas polling station;”.
 
(i) Delete subsection (1) and substitute the following subsection:
(1)  The Returning Officer shall, for the purposes of the poll in any electoral division —
(a)
establish a sufficient number of polling stations within each polling district of the electoral division for the conduct of the poll;
(b)
provide as many polling places within each polling station as he considers necessary; and
(c)
allot the electors (including overseas electors) to the polling stations in the electoral division in such manner as he thinks convenient.”.
 
 
(ii) Insert, immediately after the words “any school” in subsections (2) and (3), the words “in Singapore”.
 
 
(iii) Insert, immediately after subsection (3), the following subsection:
(4)  A polling station shall comprise such premises or such area within any premises as are demarcated by or under the authority of the Returning Officer to be a polling station.”.
 
(i) Delete the words “subsection (2)” in subsection (1) and substitute the words “subsections (2) and (3A)”.
 
 
(ii) Insert, immediately after subsection (3), the following subsection:
(3A)  An overseas elector shall also be entitled to be admitted to vote at the overseas polling station allotted to him by the Registration Officer under section 13A(3) of the Parliamentary Elections Act (Cap. 218).”.
 
 
(iii) Insert, immediately after the words “in the Gazette” in subsection (4), the words “or under section 33C(3) (b)”.
(e) New section 22A
 
Insert, immediately after section 22, the following section:
Voting by overseas electors
22A.—(1)  Subject to section 52, any overseas elector who intends to cast his vote at the poll for a contested election may vote at —
(a)
the overseas polling station allotted to him by the Registration Officer under section 13A(3) of the Parliamentary Elections Act (Cap. 218); or
(b)
the polling station in the electoral division allotted to him under section 18(1),
but not at both in respect of the same election.
(2)  The hours of any poll for any contested election at an overseas polling station shall be not less than 4 hours but not more than 12 hours and may be carried out in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station shall close not later than the close of the poll on polling day in Singapore.
(3)  Except as otherwise provided in this section and any regulations made thereunder, any poll (including an advance poll) at an overseas polling station shall be conducted in the same manner as that in which voting at a polling station within Singapore on polling day is conducted, and shall be regarded as such for the purposes of this Act.
(4)  The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls in overseas polling stations, including in particular, the appointment of presiding officers for overseas polling stations, the procedures on closing of the poll and for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore.”.
(f) Section 23(1)
 
Insert, immediately after the words “at an election” in the 1st line, the words “not using a DRE voting system”.
(g) Section 26(6)
 
Delete the words “in each electoral division” in the penultimate line and substitute the words “in or near each electoral division and at such overseas registration centres”.
(h) Section 31A
 
(i) Insert, immediately after the words “polling station or stations” in subsection (1)(a), the words “in Singapore”.
 
 
(ii) Insert, immediately after subsection (1), the following subsection:
(1A)  The votes cast at all overseas polling stations shall be counted at such place or places in Singapore as the Returning Officer directs.”.
 
 
(iii) Insert, immediately after the words “subsection (1)” in subsection (2), the words “or (1A)”.
(i) Section 32
 
(i) Insert, immediately after the words “during the poll” in subsection (2A)(a), the words “conducted in Singapore”.
 
 
(ii) Delete paragraph (b) of subsection (2A) and substitute the following paragraph:
(b)
where more than one counting place is specified in a direction made under section 31A(1), after —
(i)
the procedure in section 31 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.”.
 
 
(ii) Delete subsection (8) and substitute the following subsection:
(8)  Where only one counting place is specified in a direction under section 31A(1), the Returning Officer shall, when the counting of votes cast at all polling stations in Singapore is completed at the sole counting place or, if a recount thereof is allowed under section 32B, after that recount is completed, forthwith act as follows:
(a)
where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate 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 is equal to or more than the difference between the number of votes given to the 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 at the election, and the date and premises at which the votes cast by the overseas electors will be counted.”.
 
 
(iv) Delete the words “counting of the votes or, where any candidate or his counting agent applies to the Returning Officer for a recount, the recounting of the votes,” in the 3rd, 4th and 5th lines of subsection (8A) and substitute the words “counting of votes cast in Singapore is completed at the counting place under his charge and, if a recount thereof is allowed under section 32B, after that recount is completed,”.
 
 
(v) Insert at the end of paragraph (c) of subsection (8A), the word “and”
 
 
(vi) Delete paragraphs (d), (e) and (f) of subsection (8A) and substitute the following paragraph:
(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.”.
 
 
(vii) Delete subsection (8D) and substitute the following subsection:
(8D)  When the total number of votes cast at polling stations in Singapore for each candidate at an election is ascertained under subsection (8C), or if a recount thereof is allowed under section 32B, after that recount is completed, the Returning Officer shall forthwith act as follows:
(a)
where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer shall declare the candidate 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 is equal to or more than the difference between the number of votes given to the 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 at the election, and the date and premises at which the votes cast by the overseas electors will be counted.”.
 
 
(viii) Insert, immediately after the word “When” in subsection (9), the words “, after the counting of votes (including any recount allowed under section 32B) is completed,”.
 
 
(ix) Delete subsection (10) and substitute the following subsection:
(10)  After the Returning Officer has made any declaration under subsection (8) or (8D), 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 (11), 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.”.
(j) New sections 32A and 32B
 
Insert, immediately after section 32, the following sections:
Counting of votes by overseas electors
32A.—(1)  All the sealed ballot boxes containing the votes cast at any overseas polling station must arrive at the office of the Returning Officer in Singapore not later than 10 days after polling day at an election in order for those votes to be counted.
(2)  The Returning Officer shall make arrangements for the votes cast by overseas electors to be counted at such place or places in Singapore as he directs under section 31A(1A).
(3)  Subject to subsection (1), such arrangements shall provide for the counting of votes cast by overseas electors in the presence of the candidates and their counting agents as attend as soon as practicable after all the sealed ballot boxes used at overseas polling stations during the poll have been received by the Returning Officer in Singapore.
(4)  Sections 32, 32B and 33 shall apply to the counting (including recounting, if any) of the votes cast by overseas electors.
(5)  Where the Returning Officer has made a declaration under section 32(8)(b) or (8D)(b), the number of votes given by overseas electors to each candidate shall be added to the number declared by the Returning Officer as the number of votes cast in Singapore, respectively, for each candidate, and the Returning Officer shall forthwith declare the candidate to whom the greatest total number of votes cast to be elected.”.
 
 
(6)  After the Returning Officer has made any declaration under subsection (5), he shall ensure that the following procedures are complied with:
(a)
all ballot papers and all other documents relating to the election at every place where the votes of overseas electors are counted 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 section 32(11), 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.”.
 
 
Recounting of votes
32B.—(1)  Subject to subsections (3) and (4), any candidate at an election or his counting agent may —
(a)
if he is present at the sole counting place specified for the election and the counting of votes at that counting place is completed; or
(b)
if he is present at the principal counting place specified for the election and the votes counted at all counting places for that election have been added at that principal counting place,
apply to the Returning Officer to have the votes given at the election recounted.
(2)  Subject to subsections (3) and (4), the Returning Officer shall allow and conduct the recounting of votes if an application for a recount is made under this section.
(3)  Not more than one application to recount the votes given at any election shall be made or allowed under this section.
(4)  Without prejudice to subsection (3), no application for a recount shall be made and no recount shall be allowed under this section where the difference between the number of votes given to the candidate with the most votes and the number cast for any other candidate is more than 2% of the total number of votes cast (excluding rejected votes and tendered votes) at the election.
(5)  No step shall be taken under section 32 to declare any candidate elected until the candidates or counting agents present at the sole counting place or the principal counting place, as the case may be, have been given a reasonable opportunity to exercise the right conferred by this section.”.
 
 
(6)  Where an application for a recounting of votes is allowed by the Returning Officer, the votes at the counting place or, if there are more than one, at every counting place shall be recounted and added following the same procedure set out in sections 32 and 33.
(7)  This section and section 33 shall apply to the recounting of votes cast by overseas electors with such modifications as are necessary.”.
(k) New sections 33A to 33D
 
Insert, immediately after section 33, the following sections:
Approval of DRE voting systems
33A.—(1)  No DRE voting system shall be used at any poll unless the DRE voting system is approved before the date of the writ of the election under section 6 by —
(a)
the Auditor-General; or
(b)
any person appointed by the Minister in consultation with the Auditor-General.
(2)  The Auditor-General or person appointed under subsection (1) shall not approve any DRE voting system for use at any election unless, after conducting such tests as he considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he is satisfied that the DRE voting system —
(a)
permits voting in secrecy;
(b)
permits each voter to vote from all the candidates as are nominated for the election;
(c)
operates safely and efficiently and accurately counts all votes cast for each candidate;
(d)
is set to detect voting errors and to reject all votes for any candidate when the number of votes recorded exceeds the number of votes that may lawfully be cast;
(e)
permits each voter to clearly see the ballot display;
(f)
is safe from fraudulent or unauthorised manipulation or operation;
(g)
ensures that all voting data stored in the DRE voting machines used shall be maintained regardless of electrical power surges or outages; and”.
 
 
(h)
is capable of providing records from which the operation of the DRE voting system may be audited and for verification of the accuracy of the recording and counting of votes, but that shall not allow for identification of any voter
(3)  Subject to subsection (1), no DRE voting system shall be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 16, that a DRE voting system will be used at the poll in that electoral division.
(4)  Where a DRE voting system is to be used at any forthcoming poll in any electoral division in accordance with this section, the Returning Officer may, for the purpose of instructing electors, provide one or more demonstrations as to the use of the DRE voting system in one or more public places within that electoral division.”.
 
 
Approval of DRE voting machines and equipment
33B.—(1)  It shall be the duty of the Returning Officer to provide at each polling station within every electoral division specified in his notice under section 16 —
(a)
a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes;
(b)
booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act and any regulations made thereunder; and
(c)
a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station.”.
 
 
(2)  Not earlier than 4 clear days before polling day, the Auditor-General or person appointed by the Minister under section 33A(1) shall inspect and conduct or cause to be inspected and conducted such tests on every DRE voting machine and direct recording electronic voting equipment to be used at a poll, and if he is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he shall not later than on the eve of polling day —
(a)
approve the DRE voting machine and equipment so tested for use at the poll;
(b)
number the approved DRE voting machine;
(c)
seal with his seal and secure the approved DRE voting machine and direct recording electronic voting equipment against use until polling day and despatch it in safe custody to the Returning Officer who shall store it in safe custody until polling day;
(d)
make a record containing the identification numbers of every such approved DRE voting machine and the respective polling stations to which each has been allocated; and
(e)
furnish a copy of the record to such candidate or his election agent who requests for such a copy before polling day.
(3)  Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) shall be carried out —
(a)
on such date and at such time and premises as the Returning Officer may specify by public notice not less than 5 clear days before polling day; and
(b)
in the presence of such candidate or his election agent or polling agent as may be present at those premises on that date and time.
Pre-poll testing of DRE voting system, etc.
33C.—(1)  Immediately before the commencement of the poll in any electoral division specified in a notice under section 16(5), the presiding officer at every polling station within the electoral division shall, and in the sight of such person as may be present at the polling station —
(a)
ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 33B(2) and still sealed and secured against use;
(b)
install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station;
(c)
inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and
(d)
unsecure the DRE voting machine for use at the poll.
(2)  The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll shall periodically inspect or cause to be inspected the machines and equipment for tampering and damage or any malfunction while voting is in progress.
(3)  If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approve DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer shall, with the approval of the Returning Officer —
(a)
immediately halt voting at that polling station if the poll has already commenced; and
(b)
make such necessary arrangements for voting at the polling station —
(i)
to commence or resume, as the case may be, on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or
(ii)
to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette, being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act.”.
 
 
Pre-poll testing of DRE voting system, etc.
33C.—(1)  Immediately before the commencement of the poll in any electoral division specified in a notice under section 16(5), the presiding officer at every polling station within the electoral division shall, and in the sight of such person as may be present at the polling station —
(a)
ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 33B(2) and still sealed and secured against use;
(b)
install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station;
(c)
inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and
(d)
unsecure the DRE voting machine for use at the poll.
(2)  The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll shall periodically inspect or cause to be inspected the machines and equipment for tampering and damage or any malfunction while voting is in progress.”.
 
 
(3)  If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approve DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer shall, with the approval of the Returning Officer —
(a)
immediately halt voting at that polling station if the poll has already commenced; and
(b)
make such necessary arrangements for voting at the polling station —
(i)
to commence or resume, as the case may be, on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or
(ii)
to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette, being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act.”.
 
 
33D.—(1)  Except as otherwise provided in sections 33B and 33C and any regulations made under this section, any poll using any DRE voting system shall be conducted in the same manner as that in which voting is conducted under sections 17 to 34, and shall be regarded as a poll for the purposes of this Act.
(2)  The ballot image displayed on any approved DRE voting machine at any poll shall be an identical representation in electronic form of the ballot paper used at the poll.
(3)  The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls using a DRE voting system, including in particular, prescribing the training of presiding officers in operating DRE voting systems, the procedures on opening and closing of such a poll, the manner of voting, the counting of votes and for the safe despatch or transmission of records of voting using DRE voting machines for counting, including recounting, if any.”.
(l) Section 34(1)
 
Delete the words “under section 32” in the 1st line and substitute the words “under section 32(8)(a) or (8D)(a) and counting of all votes cast by overseas electors or after declaring the result under section 32A(5), as the case may be”.
(m) Section 36(6)
 
Insert, immediately after the words “in a ballot box” in the last line, the words “, or after the voter has been authorised to use an approved DRE voting machine to record his vote and before he records his vote at the machine, as the case may be”.
(n) Section 37
 
(i) Delete the words “or packet of ballot papers” in subsection (1)(h) and substitute the words “, packet of ballot papers or any DRE voting machine or direct recording electronic voting equipment approved under section 33B(2)”.
 
 
(ii) Insert, immediately after the words “ballot paper” in the 2nd and 3rd lines of subsection (4), the words “, DRE voting machine, direct recording electronic voting equipment”.
(o) Section 38(1)
 
Insert, immediately after the words “ballot paper” wherever they appear in paragraphs (a) and (b), the words “or to record his vote at a DRE voting machine”.
(p) Section 52
 
Delete subsection (1) and substitute the following subsection:
(1)  Any person who votes as an elector —
(a)
in or in respect of an electoral division other than the electoral division in which he is registered;
(b)
more than once at any election in or in respect of the same electoral division in which he is registered as an elector; or
(c)
in or in respect of more than one electoral division at an election,
shall be guilty of an illegal practice.”.
(3) Political Donations Act 2000
(Act 20 of 2000)
 
 
(a) Section 2(1)
 
(i) Delete the word “or” at the end of paragraph (a) in the definition of “permissible donor”.
 
 
(ii) Insert at the end of paragraph (b) in the definition of “permissible donor”, the word “or”.
 
 
(iii) Insert, immediately after paragraph (b) in the definition of “permissible donor”, the following paragraph:
(c)
in relation to a candidate, any political party he is standing for at an election;”.
(b) Section 19(4)(c)
 
Insert, immediately after the words “that same period” in the last line, the words “and the relevant period in section 14(4)”.
(c) Section 21(1)
 
Delete the words “one or more” in the 3rd line.