Presidential Elections (Special Polling Arrangements for Nursing Homes) Regulations 2023

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 469
Presidential Elections Act 1991
Presidential Elections
(Special Polling Arrangements for
Nursing Homes) Regulations 2023
In exercise of the powers conferred by section 30C of the Presidential Elections Act 1991, the Prime Minister makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the Presidential Elections (Special Polling Arrangements for Nursing Homes) Regulations 2023 and come into operation on 1 July 2023.
Definitions
2.—(1)  In these Regulations —
“list of mobile polling electors”, in relation to a special polling station, means the principal list of mobile polling electors or a supplementary list of mobile polling electors for that station;
“list of nursing home electors”, in relation to a special polling station, means the principal list of nursing home electors or a supplementary list of nursing home electors for that station;
“mobile polling elector” means a nursing home elector allotted to a special polling station and whose number, name and description appear on the list of mobile polling electors for that special polling station;
“mobile polling team” means a mobile polling team appointed by the Returning Officer under regulation 23;
“nursing home elector” means an elector who is allotted to a special polling station in accordance with section 30B(1) of the Act and whose number, name and description appear on the list of nursing home electors for that special polling station;
“operator”, in relation to a nursing home where a special polling station is established under section 30A(1) of the Act, means the person in charge of the nursing home;
“principal list of mobile polling electors” means the list required by regulation 4(1)(b)(ii) to be prepared for the purposes of a poll in a special polling station and that is certified under regulation 7(4);
“principal list of nursing home electors” means the list required by regulation 4(1)(a) to be prepared for the purposes of a poll in a special polling station and that is certified under regulation 5(3);
“supplementary list of mobile polling electors” means the list required by regulation 4(1)(b)(iii) to be prepared for the purposes of a poll in a special polling station and that is certified under regulation 8(4);
“supplementary list of nursing home electors” means the list required by regulation 4(1)(b)(i) to be prepared for the purposes of a poll at a special polling station and that is certified under regulation 6(5);
“ward”, in relation to a mobile polling elector allotted to a special polling station established in a nursing home, means the ward or bed in the nursing home where the mobile polling elector resides during the election period of an election.
(2)  For the purposes of these Regulations, the lists of mobile polling electors and nursing home electors include copies of those lists.
Act to apply subject to these Regulations
3.  Subject to these Regulations, a poll and voting at a special polling station must be conducted as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day is conducted under the provisions of the Act.
PART 2
SPECIAL POLLING STATIONS
Division 1 — Lists of nursing home electors and
mobile polling electors
Lists to be prepared
4.—(1)  The Returning Officer must prepare or cause to be prepared, in accordance with this Division, the following lists for each special polling station established in a nursing home:
(a)a principal list of nursing home electors;
(b)where applicable —
(i)a supplementary list of nursing home electors;
(ii)a principal list of mobile polling electors; and
(iii)one or more supplementary lists of mobile polling electors.
(2)  For the purposes of paragraph (1), the Returning Officer may request the operator of the nursing home to provide, within a specified time, information about the electors who are in‑patients or residents of the nursing home during the election period of the election.
(3)  The operator of the nursing home must provide the requested information within the specified time.
Principal list of nursing home electors
5.—(1)  The principal list of nursing home electors for a special polling station must state the number, name and description of every nursing home elector who is allotted to the special polling station.
(2)  The numbers, names and descriptions of those electors must be —
(a)extracted from the certified registers of electors for all electoral divisions; and
(b)matched with the names provided by the operator of the nursing home under regulation 4(3).
(3)  The principal list of nursing home electors must be certified as accurate by the Registration Officer no later than 2 clear days after the issuance of a writ under section 6 of the Act.
Supplementary list of nursing home electors
6.—(1)  This regulation applies if the Returning Officer is informed by the operator of a nursing home where a special polling station is established that one or more electors have become in‑patients or residents of the nursing home during the period —
(a)starting the day on which the principal list of nursing home electors for that special polling station is certified under regulation 5(3); and
(b)ending 2 days before polling day.
(2)  The Returning Officer must allot those electors to the special polling station.
(3)  A supplementary list of nursing home electors for the special polling station must be prepared, stating the number, name and description of every elector allotted under paragraph (2).
(4)  The numbers, names and descriptions of those electors must be —
(a)extracted from the certified registers of electors for all electoral divisions; and
(b)matched with the names of those in‑patients or residents provided by the operator of the nursing home under paragraph (1).
(5)  A supplementary list of nursing home electors must be certified as accurate by the Registration Officer on or before the eve of polling day.
Principal list of mobile polling electors
7.—(1)  A principal list of mobile polling electors must be prepared for a special polling station if the Returning Officer authorises one or more mobile polling teams to be deployed to the special polling station.
(2)  The principal list of mobile polling electors must state the number, name, description and ward of every nursing home elector who —
(a)appears on the list of nursing home electors for the special polling station; and
(b)is identified by the Returning Officer as eligible to have his or her vote taken by a mobile polling team.
(3)  The numbers, names and descriptions of those electors are to be taken from the list of nursing home electors for the special polling station.
(4)  The principal list of mobile polling electors must be certified as accurate by the Registration Officer on or before the eve of polling day.
Supplementary lists of mobile polling electors
8.—(1)  One or more supplementary lists of mobile polling electors must be prepared for a special polling station if, on polling day, the Returning Officer identifies one or more additional nursing home electors allotted to that station as eligible to have their votes taken by a mobile polling team.
(2)  The numbers, names and descriptions of those electors identified under paragraph (1) are to be taken from the list of nursing home electors for the special polling station.
(3)  A supplementary list of mobile polling electors must also state the ward of every elector identified under paragraph (1).
(4)  A supplementary list of mobile voting electors must be certified as accurate by the Registration Officer no later than one hour before the end of the hours of the poll at that special polling station.
Inspection of lists by candidates and polling agents
9.—(1)  If a candidate or his or her polling agent attends at a special polling station on polling day, a copy of each of the following must be provided to the candidate or his or her polling agent (as the case may be) before the start of the hours of the poll at the special polling station:
(a)the principal list of nursing home electors;
(b)the principal list of mobile polling electors, if any;
(c)the supplementary list of nursing home electors, if any.
(2)  In addition, a copy of every supplementary list of mobile polling electors for that special polling station must be provided to the candidate or his or her polling agent in attendance at the special polling station —
(a)as soon as practicable after the list is certified under regulation 8(4); and
(b)before the end of the hours of the poll at the special polling station.
(3)  Only a polling agent who is authorised to be admitted to a special polling station under regulation 12 is entitled to be provided a copy of the lists under paragraphs (1) and (2).
(4)  A candidate or his or her polling agent must return any list provided under this regulation to a presiding officer of the special polling station before the end of the hours of the poll at that station.
Only listed electors may vote at special polling station
10.—(1)  An individual may record his or her vote by attending in person at a polling place of a special polling station only if the individual is on the list of nursing home electors for that special polling station.
(2)  An individual may have his or her vote taken by a mobile polling team deployed at a special polling station only if he or she is on the list of mobile polling electors for that special polling station.
(3)  This regulation does not affect the operation of section 22(2), 30B(2) or 52 of the Act.
Division 2 — Admission of polling agents and nursing homes staff
Section 22 of Act to be modified
11.  The application of section 22 of the Act in relation to a special polling station is subject to the provisions of this Division.
Admission of polling agents to special polling station
12.—(1)  For the purposes of section 30C(1)(c) of the Act, the maximum number of polling agents who may be admitted to a special polling station is as follows:
(a)one polling agent for each candidate for each polling place established within the special polling station;
(b)one polling agent for each candidate for each mobile polling team (if any) that is deployed to the special polling station.
(2)  A polling agent of a candidate must not be admitted to a special 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:
(a)the polling agent’s full name (as stated in his or her identity card) and identity card number;
(b)a statement that the polling agent is appointed for the special polling station.
(3)  Section 45(1B) of the Act does not apply in relation to the admission of a polling agent of a candidate to a special polling station.
Election not invalidated by absence of polling agent
13.  The absence of any polling agent of a candidate at a special 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.
Nursing home staff authorised to assist presiding officers, etc.
14.—(1)  For the purpose of section 30C(1)(d) of the Act, the Returning Officer may authorise an individual employed by a nursing home (whether or not the individual is a citizen of Singapore) where a special polling station is established —
(a)to be present in the special polling station; and
(b)to be admitted to the polling places in the special polling station or to be present when a mobile polling team visits a mobile polling elector to take his or her vote,
for one or more of the following purposes (and for no other purposes):
(c)assisting in the preparation of a nursing home elector (whether by himself or herself or by the presiding officers) to record his or her vote by attending in person at a polling place;
(d)assisting in the preparation of a mobile polling elector (whether by himself or herself or by a mobile polling team) to have his vote taken by a mobile polling team;
(e)providing nursing care or emergency assistance to a nursing home elector or any other person who may be present at the special polling station (including a polling place or ward at the special polling station).
(2)  An authorised individual mentioned in paragraph (1) must not remain with a nursing home elector (including a mobile polling elector) from the time the elector receives his or her ballot paper to the time the elector records his or her vote and places the ballot paper into the ballot box.
Visits allowed in nursing home on polling day
15.—(1)  Subject to this regulation, a person who is not an in‑patient or a resident of a nursing home where a special polling station is established may enter and remain at the premises of the nursing home during the hours of the poll to visit an in‑patient or a resident of the nursing home.
(2)  Paragraph (1) does not affect the visiting policy of the nursing home.
(3)  The Assistant Returning Officer for the special polling station may impose operational requirements to ensure the safe, orderly, efficient and timely conduct of the poll.
(4)  A visitor to the nursing home must not —
(a)enter or remain in any polling place in the nursing home during the hours of the poll; or
(b)be present when —
(i)a mobile polling team is visiting a mobile polling elector to take his or her vote; or
(ii)a mobile polling elector is recording his or her vote or placing his or her ballot paper in the ballot box.
Division 3 — Boundaries of polling places in special polling station
Boundaries of polling place in special polling station
16.  Subject to regulation 29(10), a polling place of a special polling station consists of such premises or any area within the nursing home that is demarcated by or under the authority of the Returning Officer as such before the poll opens at the special polling station.
Division 4 — Materials and facilities
Delivery of election materials
17.—(1)  The Returning Officer must deliver to each special polling station —
(a)enough election materials; and
(b)the necessary instructions,
for the presiding officers and any mobile polling team deployed to that station (if any) to perform their duties.
(2)  The materials and instructions must be delivered to the Assistant Returning Officer for the special polling station at any time —
(a)after the notice of contested election is published in the Gazette under section 16 of the Act; and
(b)before voting begins at that special polling station, whether or not a mobile polling team is authorised by the Returning Officer to be deployed at that special polling station.
(3)  Without limiting paragraph (1)(a), the following election materials must be delivered:
(a)the principal list of nursing home electors and any supplementary list of nursing home electors for the special polling station;
(b)enough ballot papers for the nursing home electors appearing on that list or those lists;
(c)the necessary materials for those electors to mark their votes on the ballot papers;
(d)one or more ballot boxes;
(e)the forms of the oaths or declarations to be administered to the nursing home electors;
(f)the necessary envelopes, forms and other supplies that may be authorised or provided by the Returning Officer in connection with the conduct of the poll at the special polling station;
(g)the full names and identity card numbers of all persons received by the Returning Officer under regulation 12 as the persons appointed as polling agents for the special polling station.
Modification of section 24: ballot boxes
18.—(1)  Section 24(2), (3) and (4) of the Act does not apply in relation to ballot boxes used in special polling stations.
(2)  Immediately before the commencement of the poll under Part 3, a presiding officer at a special polling station must do the following at a polling place that is specified by the Assistant Returning Officer for the special polling station and in full view of the candidates or their polling agents who are present:
(a)show that each ballot box to be used at the special polling station is empty;
(b)close the ballot box;
(c)ensure that the ballot box is sealed or locked in a manner that prevents it being opened without breaking the seal or lock.
(3)  The sealed or locked ballot boxes allocated for the purpose of the poll under Part 3 —
(a)must be brought to the polling places of the special polling station;
(b)must be kept in full view of a presiding officer at each polling place for the receipt of ballot papers; and
(c)must not be opened again until after the close of the poll.
(4)  The sealed or locked ballot boxes that are allocated for mobile polling must be kept in full view of the presiding officer at the polling place mentioned in paragraph (2) until they are deployed for use by a mobile polling team under Part 4.
(5)  Paragraph (2) and paragraph (3) or (4) (as the case may be) apply to every ballot box used at a special polling station, and it is sufficient compliance with those paragraphs if a ballot box, other than one used at the commencement of a poll, is shown and sealed or locked in accordance with paragraph (2) before it is used.
Other logistics
19.  The Assistant Returning Officer for a special polling station, or a presiding officer at the special polling station authorised by the Assistant Returning Officer must —
(a)ensure that there are enough facilities provided at a special polling station for the conduct of a poll; and
(b)determine how the facilities for voting at a special polling station are to be distributed among the electors entitled to vote at that station.
 
Made on 28 June 2023.
LEO YIP
Permanent Secretary,
Prime Minister’s Office,
Singapore.
[ELD(A)/4-15 Pt. 1; AG/LEGIS/SL/240A/2020/11 Vol. 1]
(To be presented to Parliament under section 81B(1) of the Presidential Elections Act 1991).

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