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19 1963

ELECTORAL ACT, 1963

Chapter IV.

The Count.

Amendment of Rules 2 and 12 of Third Schedule to Principal Act.

36. —(1) The following Rule is hereby substituted for Rule 2 of the Third Schedule to the Principal Act:

“2. 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 anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted, but the ballot paper shall not be invalid by reference only to carrying the words ‘one’, ‘two’, ‘three’ (and so on) or a mark such as ‘X’ which, in the opinion of the returning officer, clearly indicates a preference or preferences.”

(2) Rule 12 of the Third Schedule to the Principal Act is hereby amended by the substitution of the following paragraphs for paragraphs (2) and (3):

“(2) The expression ‘first preference’ means the figure ‘1’, the word ‘one’ or a mark such as ‘X’ which, in the opinion of the returning officer, clearly indicates a first preference; the expression ‘second preference’ means the figure ‘2’, the word ‘two’ or a mark which, in the opinion of the returning officer, clearly indicates a second preference, standing in succession to a first preference; and the expression ‘third preference’ means the figure ‘3’, the word ‘three’ or a mark which, in the opinion of the returning officer, clearly indicates a third preference, standing in succession to a second preference; and so on.

(3) The expression ‘next available preference’ means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.”

Amendment of Rule 6 of Third Schedule to Principal Act·

37. —Rule 6 of the Third Schedule to the Principal Act is hereby amended by the substitution of “candidate deemed to be elected” for “elected candidate” wherever the latter expression occurs.

Amendment of Rule 6 (5) (a) of Third Schedule to Principal Act.

38. —Subparagraph (a) of paragraph (5) of Rule 6 of the Third Schedule to the Principal Act is hereby amended by the insertion of “either” before “that surplus” and by the addition at the end of the subparagraph of “or one-third of the quota is greater than the sum of the number of votes credited at such count to the lowest candidate together with that surplus and any other surplus not transferred”.

Amendment of Rule 10 of Third Schedule to Principal Act.

39. —The following paragraphs are hereby inserted in Rule 10 of the Third Schedule to the Principal Act after paragraph (1):

“(1A) The power under the foregoing paragraph of a returning officer to recount at his discretion papers in any case in which he is not satisfied as to the accuracy of any count extends to papers dealt with at an earlier count than the immediately preceding one.

(1B) As respects each candidate, one request (and not more) may be made by him or his election agent for a complete re-examination and recount of all parcels of ballot papers, and the returning officer shall forthwith re-examine and recount the parcels of ballot papers accordingly. In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(1C) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.”

Amendment of Rule 12 (10) of Third Schedule to Principal Act.

40. —Paragraph (10) of Rule 12 of the Third Schedule to the Principal Act is hereby amended by the insertion of “result of the” before “poll”

Amendment of Rules 29 to 33 of Part I of Fifth Schedule to Principal Act.

41. —(1) The following Rules are hereby substituted for Rules 29 to 33 of Part I of the Fifth Schedule to the Principal Act:

Candidates' agents.

“29. The candidates may respectively appoint agents to attend the counting of the votes and the name and address of every agent so appointed shall be transmitted to the returning officer two clear days at least before the polling day. Not more than five agents shall be appointed by a candidate unless the returning officer otherwise permits.

Arrangements for counting of votes.

30. (1) The returning officer shall provide suitable accommodation and all equipment necessary for counting the votes and shall count the votes at a place within the constituency, but—

(a) in case the constituency consists of a part which is part of a county borough and a part which is outside that borough, the returning officer may provide the accommodation and equipment and count the votes—

(i) at a place within the other part of that borough, or

(ii) with the consent of the Minister, at a place outside that borough and outside, but convenient to, the constituency,

(b) in any other case, the returning officer may, with the consent of the Minister, provide the accommodation and equipment and count the votes at a place outside, but convenient to, the constituency.

(2) One clear day at least before the day fixed for the commencement of the poll the returning officer shall give to the election agent of each candidate notice in writing of the place at which he will count the votes. He shall give the agents of candidates all such reasonable facilities for overseeing the proceedings at the count (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and all such information with respect thereto, as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions.

Persons to be present at counting.

31. The returning officer, his assistants and clerks, members of the Garda Síochána on duty, and the agents of the candidates whose names and addresses have been given to the returning officer under Rule 29 hereof, and no other person, except with the permission of the returning officer, may be present at the counting of the votes.

Opening of ballot boxes

32. At the hour of 9 a.m. on the day after the close of the poll and at the place for the counting of the votes, the returning officer shall, in the presence of the agents of the candidates, open the ballot boxes, count and record the number of ballot papers therein and proceed to verify the ballot paper account accompanying each ballot box. He shall then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer, while counting and recording the number of ballot papers, shall keep the ballot papers with their faces upwards and shall take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.

Counting of votes.

33. After compliance with Rule 32 hereof the returning officer shall forthwith begin to count the votes and shall, so far as practicable, proceed continuously with the counting of the votes allowing only time for refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m. on the succeeding morning. During the excluded time the returning officer shall place the ballot boxes and documents relating to the election under his own seal and shall take proper precautions for the security of such boxes and documents.”

(2) Paragraph (1) of Rule 2 of the Fourth Schedule to the Principal Act is hereby amended by the insertion of “members of the Garda Síochána on duty,” before “the election agent of each candidate”.

Amendment of Rule 37 of Part I of Fifth Schedule to Principal Act.

42. —(1) Rule 37 of Part I of the Fifth Schedule to the Principal Act is hereby amended by the insertion of “from the date on which the poll took place” after “for a year”.

(2) The reference in Rule 10 of the Fourth Schedule to the Principal Act to Rule 37 of Part I of the Fifth Schedule thereto, shall be construed as a reference to the said Rule 37 as amended by subsection (1) of this section.