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12 1923

ELECTORAL ACT, 1923

FOURTH SCHEDULE.

Postal Voting Rules.

Form of ballot paper and declaration of identity.

1. (1) The ballot papers to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other electors.

(2) The declaration of identity sent with the ballot paper to postal voters shall be in the prescribed form and shall have printed on the back thereof the prescribed instructions to the voter.

Presence of agents.

2. (1) The returning officer, his assistants and clerks, the election agent of each candidate or some person, appointed by such election agent, and no other person, may be present at the proceedings on the issue of ballot papers, and on the opening of the postal voters ballot boxes and the envelopes contained therein.

(2) Where the ballot papers are to be issued, or the envelopes contained in the postal voters ballot boxes are to be opened, simultaneously in two or more batches, the election agent of each candidate may appoint such number of persons as he may be authorised by the returning officer to appoint, not exceeding the number of such batches, to be present with him or on his behalf at such issue or opening:

Provided that no election agent shall be authorised by the returning officer to appoint a larger number of persons than any other election agent.

Issue of ballot papers.

3. (1) The returning officer shall, not later than the last day for receiving nominations of candidates at an election, give the election agent of each candidate notice of the time and place at which he will issue the ballot papers, and of the number of persons each agent may appoint to attend the said issue.

Where any subsequent issue of ballot papers is made, the returning officer shall give the election agent of each candidate, as soon as practicable, notice of the time and place at which he will make such subsequent issue and of the number of persons each agent may appoint to attend such issue.

(2) Each ballot paper issued shall be marked on both sides with the official mark either stamped or perforated, and the number, name and description of the elector as stated in the postal voters list shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in a copy of the postal voters list opposite to the number of the elector to denote that a ballot paper has been issued to the elector, but without showing the particular ballot paper issued to him.

(3) The returning officer shall enter or cause to be marked upon the form of declaration of identity the number of the ballot paper.

(4) The returning officer shall place in an envelope addressed to the postal voter at the recorded address—

(a) The ballot paper;

(b) the form of declaration of identity;

(c) an envelope addressed to the returning officer (hereinafter referred to as a “covering envelope”);

(d) a smaller envelope marked “ballot paper envelope” bearing the number of the ballot paper;

and shall effectually close such first mentioned envelope

The above mentioned envelopes shall be in the prescribed forms

(5) All envelopes addressed to the postal voters shall be counted, and forthwith delivered by the returning officer to the nearest Head Post Office, or such other office as may be arranged with the Head Postmaster, and the Postmaster shall stamp with the Post Office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

(6) Where an envelope containing a ballot paper and the other documents referred to in this rule is returned to the returning officer as not having been delivered to a postal voter, the returning officer may re-address the envelope to any address to which he could send a ballot paper for that voter if he were then sending it for the first time.

Provisions of postal voters ballot boxes.

4. (1) The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the voters.

(2) Every such ballot box shall be shown open and empty to the agents present, and shall be sealed with the seal of the returning officer, and the seals of such of the agents as desire to affix their seals, and shall be marked “postal voters ballot box,” and with the name, of the constituency, and the returning officer shall make provision for the safe custody of such ballot box.

Envelopes to be placed in postal voters ballot boxes.

5. The returning officer shall, immediately on receipt of covering envelopes, place them unopened in a postal voters ballot box

Opening of postal voters ballot boxes.

6. (1) The postal voters ballot boxes shall be opened by the returning officer, in the presence of the agents; before the time fixed for the counting of the votes.

(2) The returning officer shall give the election agent of each candidate at least twenty-four hours' notice in writing of the time and place at which he will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of persons such agent may appoint to be present at the opening.

(3) When a postal voters ballot box has been opened, the returning officer shall count and note the number of envelopes, and shall then open each covering envelope separately, examine the declaration of identity and compare the number thereon with the number on the ballot paper envelope.

(4) If the numbers agree and the declaration of identity is found to be duly signed and authenticated, he shall place the declaration of identity and the ballot paper envelope in separate receptacles.

(5) If he is not satisfied that the declaration of identity has been duly signed and authenticated he shall endorse the declaration of identity “vote rejected,” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper.

(6) If he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on the ballot paper agrees with the number on the declaration of identity he shall place the ballot paper in the ballot box referred to in Rule 8 (2) of this Schedule.

(7) In every case in which the number on the ballot paper does not agree with the number on the declaration of identity, he shall replace the ballot paper in its envelope (if any), attach such envelope or ballot paper as the case may be to the declaration of identity, and endorse the declaration of identity “vote rejected.

(8) Where a declaration of identity does not appear to accompany the ballot paper envelope, the returning officer shall open the envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper in accordance with the rules in this Schedule.

(9) Any declaration not accompanied by a ballot paper, and any ballot paper not accompanied by a declaration of identity, shall be marked “rejected.

(10) Where a ballot paper and declaration of identity are received together and the numbers thereon agree, the ballot paper shall not be rejected solely on the ground that the ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.

Rejected declarations of identity.

7. (1) The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly signed and authenticated to the agents, and if an objection is made by any agent to his decision shall add to the endorsement the words “rejection objected to.

(2) The returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents.

Ballot papers to be placed in ballot boxes.

8. (1) When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding rules, the returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper.

(2) If the numbers agree he shall place the ballot paper in a ballot box previously shown and sealed in the manner provided in Rule 4 of this Schedule which shall be subsequently treated as a ballot box for the purpose of Rule 32 in Part I. of the Fifth Schedule to this Act

(3) If the numbers do not agree he shall mark the ballot paper “rejected” and shall attach it to the envelope.

9. (1) The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the agents, shall make up in separate packets, sealed with his own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers:

Provided that where any subsequent issue of ballot papers is made the sealed packet containing the marked copy of the postal voters list may be opened by the returning officer for the purposes of that issue, and on completion of that issue the list and the counterfoils of the ballot papers at that issue shall be made up and sealed in accordance with the rule.

(2) As soon as the returning officer has completed the placing of the ballot papers in the ballot box mentioned in Rule 8 (2) of this Schedule he shall seal up in separate packets (1) the declarations of identity which accompanied any ballot papers duly accepted; (2) any rejected declarations of identity; and (3) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto.

(3) Where covering envelopes are received by the returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the returning officer shall not open such envelopes and shall (subject to any power of readdressing the same) seal them up into separate packets.

(4) The returning officer shall forward to the Clerk of the Dáil at the same time as he forwards the documents mentioned in Rule 36 of Part I. of the Fifth Schedule to this Act—

(a) any packets referred to in the foregoing provisions of this Rule and

(b) a statement in such form as may be directed by the Minister for Local Government showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.

(5) Any envelopes returned as undelivered and any covering envelopes received by the returning officer, after the said packets have been forwarded to the Clerk of the Dáil, shall be retained unopened and forwarded subsequently.

Disposal of documents.

10. Rules 37, 38, 39, 40 and 41 of Part I. of the Fifth Schedule to this Act shall apply to the documents sent by the Returning Officers to the Clerk of the Dáil under the preceding Rule hereof in the same manner as those Rules apply to the documents of a like nature mentioned therein.

Application of Rules in Fifth Schedule.

11. Rules 47, 48 and 53 of Part I. of the Fifth Schedule of this Act shall apply to the matters dealt with in this Schedule as if those Rules were here repeated, and Rules 49, 50 and 51 of Part I. of the Fifth Schedule to this Act shall apply to every agent as defined in this Schedule in the same manner as those Rules apply to the agents mentioned therein.

Undertaking for Secrecy.

12. Every returning officer and every officer, clerk or agent authorised to take part in or attend the issuing of ballot papers to postal voters or the opening of the envelopes containing ballot papers sent by postal voters shall before taking part in or attending such issuing or opening sign an undertaking to preserve the secrecy of the ballot in the prescribed form.

Definition of agent.

13. In this Schedule the expression “agent” includes the election agent of a candidate, and any person appointed by any such election agent to be present at the issue or opening of postal voters ballot papers.

Voter's number.

14. For the purposes of this Schedule a postal voter's number shall be his number on the postal voters list.