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30 1937

SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT, 1937

PART III.

Conduct of Elections.

Appointment of days and times at Seanad general elections.

12. —(1) Before every Seanad general election, the Minister shall by order appoint for the purposes of such election—

(a) the day (in this Act referred to as the last day for receiving nominations) which shall be the last day on which the returning officer shall receive nominations of candidates in university constituencies;

(b) the day (in this Act referred to as the day for the issue of ballot papers) on which the ballot papers are to be issued and posted to electors in university constituencies;

(c) the day and hour (in this Act referred to as the close of the poll) at which the poll in university constituencies shall be closed.

(2) In the case of the first Seanad general election, the order under this section shall be made as soon as conveniently may be after the commencement of this Act and, in the case of every subsequent Seanad general election, the order under this section shall be made within seven days after the dissolution of Dáil Eireann which occasions such general election.

(3) Every order made by the Minister under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Seanad bye-election orders.

13. —(1) Whenever the Clerk of Seanad Eireann by direction of Seanad Eireann informs the Minister that a vacancy has occurred in the membership of Seanad Eireann by reason of the death, resignation, or disqualification of a member thereof who was elected thereto by a university constituency, the Minister shall, as soon as conveniently may be and, in any case, not more than six months after receiving such information, by order (in this Act referred to as a Seanad bye-election order) direct a bye-election to be held in such constituency to fill such vacancy and shall by such order appoint for the purposes of such bye-election the last day for receiving nominations, the day for the issue of ballot papers, and the day and hour for the close of the poll.

(2) Whenever the Minister makes a Seanad bye-election order, the bye-election directed by such order shall be held in accordance with such order and this Act.

Returning officers.

14. —(1) At every election in the National University constituency the Vice-Chancellor of the National University shall be the returning officer.

(2) At every election in the Dublin University constituency, the Provost of Trinity College, Dublin, shall be the returning officer.

(3) If at the time of an election in a university constituency the office mentioned in this section as constituting the holder thereof returning officer for such constituency is vacant, or the holder of that office is through ill-health or from any other cause incapacitated from acting as returning officer in such election, the governing body of the university forming such constituency shall appoint some other officer of that university to be returning officer for such constituency in such election.

Duty of returning officer to conduct elections.

15. —(1) It shall be the duty of the returning officer for a university constituency to conduct every election held in such constituency, to count the votes cast thereat, and to ascertain and declare the result thereof in accordance with this Act and the rules contained in the Second and Third Schedules to this Act and to do such other matters and things in respect of such election as he is required by this Act or the said rules to do.

(2) The Minister for Finance shall prepare a scale of maximum charges for returning officers in university constituencies, and every such returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges, in respect of his services and expenses in relation to every election in the university constituency in which he is returning officer, not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

Nomination of candidates.

16. —(1) Every candidate at an election in a university constituency shall be nominated in writing on a nomination paper subscribed by two registered electors of the constituency as proposer and seconder respectively and by eight other registered electors of the constituency as assenting to the nomination.

(2) No person who is for the time being disqualified from or incapable of being elected as a member of Dáil Eireann shall be a candidate at an election in a university constituency.

(3) An elector may subscribe (whether as proposer, seconder, or assenting elector) as many nomination papers as there are vacancies to be filled and no more.

(4) Every candidate shall be described in the nomination paper by his name, address, and description in such manner as, in the opinion of the returning officer, is calculated sufficiently to identify such candidate.

(5) Every nomination paper shall be in the prescribed form, and the returning officer shall supply to any registered elector of the constituency such number of forms of nomination paper as he shall reasonably require.

Publication of notice of times and places.

17. —(1) At every election in a university constituency the returning officer in such constituency shall, at the times mentioned in the next following sub-section of this section, give public notice in such manner as he shall think proper of the following matters, that is to say:—

(a) the times and places at which forms of nomination papers may be obtained from him;

(b) the day appointed under this Act to be the last day for receiving nominations;

(c) the place at which he will attend to receive nominations on the last day for receiving nominations;

(d) the day appointed under this Act to be the day of issue of ballot papers and the time and place at which he will issue ballot papers on that day;

(e) the day and hour appointed under this Act for the close of the poll.

(2) The notice required by the foregoing sub-section of this section to be given by the returning officer shall, in the case of a Seanad general election, be given not more than three days after the date of the order of the Minister appointing the last day for receiving nominations at such election and, in the case of a Seanad bye-election, shall be given not more than three days after the date of the Seanad bye-election order in respect of such election.

Receipt of nomination papers by the returning officer.

18. —(1) Every nomination paper shall be delivered to the returning officer by the candidate thereby nominated or by the person named therein as proposer or as seconder and shall be so delivered after the publication of the notice published in pursuance of the next preceding section of this Act and before twelve o'clock noon on the last day for receiving nominations and, if so delivered before ten o'clock in the forenoon on that day, shall be retained by the returning officer until the last-mentioned hour.

(2) On the last day for receiving nominations the returning officer shall attend at the place mentioned in that behalf in the said notice published in pursuance of the next preceding section of this Act during the whole of the period from ten o'clock in the forenoon until twelve o'clock noon to receive nominations, and shall, at the beginning of such period, produce all nomination papers previously received by him and shall, during the remainder of such period, receive any other nomination papers tendered to him.

(3) All objections to a nomination paper shall be made to the returning officer at the said place and during the said period for receiving nominations and shall be considered and ruled upon by the returning officer during or as soon as conveniently may be after the said period but not later than one o'clock in the afternoon on the last day for receiving nominations.

(4) If at one o'clock in the afternoon on the last day for receiving nominations no more candidates stand nominated than there are vacancies to be filled, the returning officer shall forthwith declare the candidates who so stand nominated to be elected and return their names to the Clerk of Dáil Eireann and (except in the case of the first Seanad general election) to the Clerk of Seanad Eireann.

(5) In the case of the first Seanad general election, a copy of the return required by the next preceding sub-section of this section to be made to the Clerk of Dáil Eireann shall be sent by the returning officer to the Clerk of Seanad Eireann as soon as may be after such Clerk has been appointed.

(6) If at one o'clock in the afternoon on the last day for receiving nominations more candidates stand nominated than thereare vacancies to be filled, the returning officer shall adjourn the election and take a poll in accordance with this Act.

(7) The ruling of the returning officer on an objection to a nomination paper or on any other question arising in relation to the nomination of the candidates shall be final and shall not he open to review by any Court.

(8) Every candidate nominated by a nomination paper and his proposer and seconder and one other person nominated by him and no other persons (except assistants employed by the returning officer) shall be entitled to attend the proceedings during the receipt of and ruling upon the nomination papers.

Withdrawal of candidates.

19. —(1) A candidate may, before one o'clock in the afternoon on the last day for receiving nominations but not later, withdraw from his candidature by delivering a notice to that effect, signed by him, to the returning officer.

(2) Where a candidate has been nominated while he is absent from Ireland, his proposer and seconder may, before one o'clock on the last day for receiving nominations but not later, withdraw such candidate by a written notice to that effect signed by them and delivered to the returning officer together with a written declaration of the absence of such candidate from Ireland.

(3) If, after the adjournment of an election by the returning officer for the purpose of taking a poll, one of the candidates nominated dies before the day for the issue of ballot papers, the returning officer shall, upon being satisfied of the fact of such death, countermand the poll and thereupon all the proceedings with reference to the election shall be commenced afresh and for that purpose the Minister shall by order appoint new days for receiving nominations and for the issue of ballot papers and a new day and hour for the close of the poll, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the poll.

Ballot papers.

20. —(1) At every election in a university constituency the ballot of each voter shall consist of a paper (in this Act referred to as a ballot paper) containing a list of the candidates described by their names, addresses, and descriptions as stated in their respective nomination papers and arranged alphabetically in the order of their surnames and, in the case of the identity of surnames, of their other names.

(2) The ballot papers shall be in the prescribed form and each ballot paper shall have a number printed on the back thereof, and shall have attached a counterfoil with the same number printed on the face thereof, and every ballot paper shall at the time of the issue thereof be marked on both sides with an official mark either stamped or perforated.

(3) The surname of each candidate shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters, save that whenever the surnames of two or more candidates are the same there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or of both the address and the description of each such candidate as will, in the opinion of the returning officer, effectively distinguish such candidate.

Issue of ballot papers.

21. —(1) On the day appointed for the issue of ballot papers at an election in a university constituency the returning officer at such election shall send by post to each person whose name is on the register of electors for such constituency a ballot paper together with a form of declaration of identity.

(2) Every declaration of identity shall be in the prescribed form.

(3.) The returning officer at an election in a university constituency in sending out, receiving, and otherwise dealing with the ballot papers at such election shall observe the rules contained in the Second Schedule to this Act.

Method of voting.

22. —(1) Every person entitled to vote at an election in a university constituency shall be entitled to vote at that election in the following and no other manner, that is to say, by marking and returning by post to the returning officer at such election a ballot paper sent to him under this Act together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(2) An elector in giving his vote at an election in a university constituency must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his ballot paper the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of other candidates in the order of his preference.

(3) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

(d) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate, or

(e) on which anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted.

Ascertainment and declaration of result of election.

23. —(1) As soon as conveniently may be after the close of the poll at an election in a university constituency, the returning officer at such election shall, in the presence of such candidates and their respective agents as may be in attendance, ascertain the result of the election in accordance with this Act and in particular the rules contained in the Second and Third Schedules to this Act and shall declare to be elected the candidates who are so ascertained to be elected.

(2) The decision of the returning officer as to any question arising at an election in a university constituency on the ballot papers, the declarations of identity, or the envelopes containing the same or any other matter in relation to the issue, receipt, or counting of the votes shall be final, subject to reversal by a Court trying an election petition in relation to such election.

Preservation of the secrecy of the voting.

24. —(1) The returning officer and every one of his assistants concerned in the issue, receipt, or counting of ballot papers at an election in a university constituency and every candidate and agent present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not, before the completion of the election, communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has or has not voted or as to the number on the back of the ballot paper sent to any elector.

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of his ballot paper by any elector at an election in a university constituency.

(3) No person shall directly or indirectly induce any elector at an election in a university constituency to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the name of any candidate for whom he has marked his vote on such ballot paper.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction to imprisonment for a term not exceeding six months.

Prevention of electoral abuses.

25. —(1) Parts I , II , III , IV , and VIII of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), shall apply to elections in university constituencies, and for that purpose—

(a) the expression “Dáil election” wherever it occurs in the said Parts of that Act shall be construed and have effect as including an election in a university constituency;

(b) the expression “Dáil elector” wherever it similarly occurs shall be construed and have effect as including an elector at an election in a university constituency;

(c) the word “election” wherever it occurs without qualification in the said Parts of the said Act shall be construed and have effect as including an election in a university constituency.

(2) In addition and without prejudice to the provisions of the foregoing sub-section of this section, every statutory provision relating to bribery, personation, or corrupt practices at elections of members of Dáil Eireann shall apply to elections in university constituencies as if those elections were elections of members of Dáil Eireann.

Election petitions in relation to elections in university constituencies.

26. —(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Eireann shall apply to elections in university constituencies with the necessary modifications.

(2) No person who has voted at an election in a university constituency shall, in any legal proceedings to question the election or return of any candidate at such election, be required to state for whom he has voted.

Non-compliance with rules.

27. —No election of a candidate at an election in a university constituency shall be declared void by reason only of a non-compliance with the rules contained in the Second or the Third Schedule to this Act or any mistake in the use of the forms prescribed under this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act and that such non-compliance or mistake did not affect the result of the election.

Free postal services.

28. —All postal services (including registration services) wholly within Ireland in relation to the issue and return of ballot papers at an election in a university constituency shall be performed by the Minister for Posts and Telegraphs without prepayment of the charges therefor, and all such charges shall be deemed to be part of the expenses of the returning officer at such election and shall be defrayed accordingly.