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19 1963




Special provisions where two or more elections have same polling day.

91. —(1) This section applies to the following polls :

(a) the poll at an election of a person to the office of President of Ireland;

(b) the poll at a Dáil election within the meaning of the Electoral Act, 1923 ;

(c) the poll at a referendum within the meaning of the Referendum Act, 1942 ;

(d) the poll at a local election.

(2) Where two or more polls to which this section applies are to be taken on the same day, the following provisions shall, notwithstanding any other enactment, have effect:

(a) the polls shall be taken at the same time, at the same places and in the same manner,

(b) the same official mark shall be used for the ballot papers at each poll,

(c) the ballot papers at each poll shall be of a different colour (for this purpose white being deemed to be a colour),

(d) the returning officer may provide the same or different ballot boxes,

(e) if separate ballot boxes are provided, a ballot paper shall not be invalid by reason only of its being put into the wrong ballot box,

(f) an authorisation by a returning officer to a person to vote at one poll at a polling station other than the one allocated to him shall authorise the person to vote at that station at the other poll or polls in the same constituency or, in the case of a local election, in the same local electoral area.

(3) The Minister may, by direction, order or regulation, provide for such matters as he considers necessary to give effect to this section.

(4) Any direction, order or regulation given or made under subsection (3) of this section shall have effect notwithstanding anything contained in any other enactment and, in particular and without prejudice to the generality of the said subsection (3), may—

(a) define the powers and duties of returning officers and of any other persons employed in connection with the polls,

(b) make such modifications in the Acts, orders or regulations governing the taking of the polls or the arrangements for the counting of the votes as appear to the Minister to be necessary to enable the polls to be taken together or to facilitate or expedite the completion and ascertainment of the results of the elections,

(c) make provisions in relation to the form and transmission of polling cards.

(5) The Minister for Finance may by regulations prescribe for the purposes of this section—

(a) a scale of maximum charges,

(b) the time when and the manner and form in which accounts are to be rendered to him,

(c) in cases in which the expenses of taking a poll would normally be met by a local authority or local authorities within the meaning of Part VI of this Act, the manner in which the expenses of taking the poll shall be apportioned between the Central Fund and such authority or authorities.

Adaptation or modification where there is emergency or special difficulty.

92. —(1) The Minister may, in any case in which it appears to him that there is an emergency or special difficulty, by order make such adaptation or modification of any statute, order or regulation relating to the registration of Dáil electors or electors at local elections, or the conduct of Dáil elections, presidential elections, local elections or referenda, as may in his opinion be necessary to enable it to have effect subject to the provisions of this Act.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) In this section—

(a) “Dáil electors” and “Dáil elections” have the same meanings respectively as in the Electoral Act, 1923 ,

(b) “presidential elections” has the same meaning as in the Presidential Elections Act, 1937 ,

(c) “referenda” has the same meaning as in the Referendum Act, 1942 .