Number 30 of 1977
EUROPEAN ASSEMBLY ELECTIONS ACT, 1977
ARRANGEMENT OF SECTIONS
Section | |
Number 30 of 1977
EUROPEAN ASSEMBLY ELECTIONS ACT, 1977
Interpretation.
1.—In this Act—
“the Act of 1963” means the Electoral Act, 1963;
“the Assembly” means the Assembly of the European Communities;
“Assembly election” has the meaning assigned to it by section 2 (1);
“Assembly elector” means a person who is entitled to vote at an Assembly election;
“the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;
“local returning officer” means a person who pursuant to section 14 (2) is a local returning officer for the purpose of this Act;
“Member State” (except in Rule 47 (1) of the First Schedule) means a Member State of the European Communities;
“the Minister” means the Minister for the Environment;
“petition” means a petition presented to the High Court under this Act;
“the polling day”, except where the context otherwise requires, has the meaning assigned to it by section 6 (1);
“the postal voters list” means the list prepared pursuant to section 7 (4) of the Act of 1963;
“returning officer” means a person who is appointed by the Minister under section 14 (1) to be a returning officer for the purposes of this Act;
“the treaties” means the treaties, convention and decision mentioned in section 1 (1) of the European Communities Act, 1972, as supplemented or amended in the manner mentioned in that section.
Method of election.
2.—(1) Elections of representatives to the Assembly shall be held and each such election (in this Act referred to as an “Assembly election”) shall be conducted in accordance with this Act, and in case an Assembly election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.
(2) The provisions of this Act replace the law providing for the designation by the Oireachtas of delegates to the Assembly and in force immediately before the commencement of this Act, but nothing in this subsection shall be construed as preventing the designation of such delegates by the Oireachtas at any time during the period commencing on the passing of this Act and ending on the day immediately preceding the day fixed for the first sitting of the Assembly to which representatives are first elected under this Act.
(3) Voting at an Assembly election shall be by secret ballot.
(4) In this section “transferable vote” means a vote which is—
(a) capable of being given so as to indicate the voter's preference for the candidates in order, and
(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is eliminated from the list of candidates.
Franchise and registration.
3.—(1) A person shall be entitled to be registered as an Assembly elector in a constituency, if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either,
(a) a citizen of Ireland, or
(b) a national of a Member State other than the State.
(2) Part II of the Act of 1963 (apart from subsections (1) and (2) of section 5), as amended by section 1 of the Electoral (Amendment) Act, 1966, and section 4 of the Juries Act, 1976, shall apply as regards the registration of Assembly electors pursuant to this section and the register referred to in section 6 (1) of the Act of 1963 shall, in so far as it relates to persons entitled to vote at Assembly elections, be the register of European Assembly electors.
(3) For the purpose of giving effect to subsection (2) of this section each of the references in subsections (4), (5), (5A) (inserted by section 1 of the Electoral (Amendment) Act, 1966) or (6) of section 5 of the Act of 1963 to “the purposes of this section” shall be construed as including a reference to the purposes of this section.
(4) In this section—
“national of a Member State” has the meaning it has in the treaties;
“the qualifying date” means the date specified by the Minister under section 5 (6) of the Act of 1963.
Right to vote.
4.—Subject to Rule 47 of the First Schedule to this Act, every person whose name is on the register of European Assembly electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at an Assembly election in that constituency.
Manner of voting.
5.—(1) Subject to subsection (2) of this section, a person who is entitled to vote at an Assembly election shall be entitled to vote in person only and at the polling station allotted to him or, in case he is authorised under Rule 36 of the First Schedule to this Act by a local returning officer, at the polling station specified in the authorisation.
(2) Every Assembly elector whose name is, at the time of an Assembly election, in the postal voters list for a county or county borough contained in a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the local returning officer for that county or county borough and shall not be entitled to vote in any other manner.
Polling day and commencement of count.
6.—(1) The poll at an Assembly election shall—
(a) be taken on such day as shall be appointed by the Minister by order (which order shall be made not less than thirty-five days before the day thereby appointed),
(b) continue for such period, not being less than twelve hours, between the hours of 8.30 a.m. and 10.30 p.m. as may be fixed by the Minister by order, subject to the restriction that he shall fix the same period for all constituencies,
and the day so appointed is in this Act referred to as “the polling day”.
(2) The counting of the votes at an Assembly election shall begin on the day and at the time appointed by the Minister by order.
(3) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.
Qualification of candidates.
7.—(1) A person who is not eligible to become a member of Dáil Éireann shall not be eligible for election under this Act to the Assembly.
(2) If while he is a representative in the Assembly by virtue of this Act a person becomes subject to any of the disqualifications applicable to membership of Dáil Éireann he shall thereupon cease to be a representative in the Assembly.
Register of Political Parties.
8.—(1) The Registrar of Political Parties for the purposes of section 13 of the Act of 1963 (in this section subsequently referred to as “the Registrar”) shall, subject to the subsequent provisions of this section, register in the Register of Political Parties as a party organised to contest an Assembly election, any political party which applies to him for registration and which is, in his opinion, a genuine political party and organised in the State to contest such an election.
(2) A party which was registered in the Register of Political Parties at the commencement of this Act and which either—
(a) was registered pursuant to subsection (4) of section 13 of the Act of 1963, or
(b) when registered was in the opinion of either the Registrar or the appeal board referred to in subsection (8) of the said section 13 organised to contest a Dáil election,
shall, as soon as may be after such commencement, be registered in such Register by the Registrar as a party organised to contest an Assembly election.
(3) Where a party which is registered pursuant to this section in the Register of Political Parties satisfies the Registrar that a member of the party who is a delegate or representative in the Assembly is a member of a political group formed in accordance with the rules of procedure of the Assembly, the Registrar shall note on the Register, in relation to the party, the name of the group.
(4) Subsections (3), (5), (6) and (7) of section 13 of the Act of 1963 shall apply to registration under, or to political parties registered under, this section, as may be appropriate.
(5) Subsection (10) of section 13 of the Act of 1963 shall apply in relation to the performance by the Registrar of his duties under this section as it applies in relation to the performance by him of his duties under that section.
Nomination of candidates.
9.—(1) At an Assembly election a person may nominate himself as a candidate or may, with his consent, be nominated by another person (being a person registered as an Assembly elector in the constituency for which he proposes to nominate the candidate) as proposer.
(2) At an Assembly election a person may not be nominated as a candidate in respect of more than one constituency.
Deposit by candidates.
10.—A candidate at an Assembly election, or someone on his behalf, shall, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of one thousand pounds and if he fails to do so his candidature shall be deemed to have been withdrawn.
Conduct of elections.
11.—The rules contained in the First Schedule to this Act, other than Part V thereof, shall have effect in relation to Assembly elections.
Constituencies.
12.—(1) The constituencies for which candidates shall be elected under this Act to be representatives in the Assembly shall be those specified in the Second Schedule to this Act and the number of representatives to be so elected for such a constituency shall be the number specified in respect thereof in the third column of that Schedule.
(2) The Minister shall, within the period of twelve years commencing on the passing of this Act and at least once in every twelve years thereafter, submit to the Oireachtas proposals for the revision of the constituencies for which candidates shall be elected under this Act to be representatives in the Assembly.
(3) An area specified in the Second Schedule to this Act shall be taken to be that area as constituted on the 1st day of January, 1977.
Chief returning officer.
13.—(1) As soon as may be after the passing of this Act, and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to be the chief returning officer for the purposes of this Act.
(2) It shall be the duty of the chief returning officer to receive the returns furnished to him in pursuance of this Act by the returning officer for each constituency, to make in the prescribed form to the Assembly a return of the persons elected pursuant to this Act and to do such other things in respect of an Assembly election as he is required by law to do.
(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the chief returning officer such sums as the Minister for the Public Service shall with the consent of the Minister for Finance sanction for that officer's services and expenses in respect of an Assembly election.
Returning officers and local returning officers.
14.—(1) The Minister shall for the purposes of this Act appoint a returning officer in respect of each constituency specified in the Second Schedule to this Act and the returning officer appointed under this section for such a constituency shall be one of the persons who by virtue of subsection (2) of this section is the local returning officer for a county or county borough contained in the constituency.
(2) There shall for the purposes of this Act be a local returning officer for every county or county borough contained in a constituency and the local returning officer shall be—
(a) in the case of a county or county borough for which there is a sheriff, the sheriff, and
(b) in every other case, the county registrar.
(3) It shall be the general duty of the returning officer to do all such acts and things, other than acts or things which are by this Act required to be done by a local returning officer, as may be necessary for effectually conducting an Assembly election in his constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the chief returning officer a return of the persons elected for the constituency.
(4) Subject to subsection (5) (a) of this section, it shall be the duty of a local returning officer,
(a) to take the poll at an Assembly election in the part of the constituency for which he is the local returning officer,
(b) to do such acts and things as he is otherwise by this Act required to do, and
(c) to render such assistance to the returning officer for the said constituency as that returning officer may require,
and if any doubt arises as to the duties of a local returning officer, the doubt shall be determined by the Minister.
(5) (a) Where a local returning officer is appointed under this section to be the returning officer for a constituency, it shall be lawful for him with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of his duties as local returning officer.
(b) Subsequent references in this Act to the local returning officer shall include references to deputy local returning officers.
(6) The Minister for Finance shall prepare a scale of maximum charges for returning officers and local returning officers and every returning officer and local 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 Assembly election in respect of which he is the returning officer or local returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.
(7) Any reference in this section to a county shall be construed as a reference to an administrative county.
Casual vacancies.
15.—(1) Where a casual vacancy occurs amongst the persons elected to the Assembly under this Act or appointed under this section, the procedure for filling the vacancy shall be as follows:
(a) subject to paragraph (b) of this subsection, the vacancy shall be filled by the appointment by Dáil Éireann of a person who is eligible for election under this Act to the Assembly,
(b) in case by reason of the last preceding Assembly election the relevant place in the Assembly was held by a person who was at that election a candidate of a political party which at the time of the said election was and for the time being is registered pursuant to this Act in the Register of Political Parties, the person appointed under this subsection to fill the vacancy shall, if, but only if, the nomination is made within three months of the day on which the vacancy occured, be a person nominated by that political party.
(2) A person appointed under subsection (1) of this section shall, unless he sooner dies, resigns, becomes disqualified for election under this Act to the Assembly, is removed from office or otherwise ceases to be a representative in the Assembly, hold office as such a representative for the residue of the term for which the representative whom he replaces would have held office had he not ceased to hold office.
(3) In this section “a casual vacancy” means,
(a) a vacancy occasioned by a person who though elected to the Assembly pursuant to this Act is, by virtue of any provision laid down under any or all of the treaties, not entitled to assume the office of representative in the Assembly,
(b) a vacancy occasioned by a person having ceased to be a representative in the Assembly otherwise than by the effluxion of time or in consequence of the making of an order under section 17 of this Act by the High Court.
Inspection of ballot papers, etc.
16.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) of this section except under an order of the High Court.
(2) The documents referred to in subsection (1) of this section are,
(a) the counterfoils of the ballot papers sent to postal voters under Rule 26 of the First Schedule to this Act,
(b) the documents mentioned in paragraph (2) or (3) of Rule 50 of the said Schedule,
(c) the documents mentioned in subparagraph (a) or (b) of Rule 69 (1) of the said Schedule, and
(d) the documents mentioned in subparagraph (a) or (b) of Rule 69 (2) of the said Schedule.
(3) An order referred to in subsection (1) of this section shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.
(4) An order referred to in subsection (1) of this section may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court may think expedient, and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.
(5) Where an order pursuant to this section is made for the production by the chief returning officer of any document in his possession relating to an Assembly election, the production by the chief returning officer of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet produced by the chief returning officer shall be, until the contrary is shown, sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.
Questioning of Assembly elections.
17.—(1) An Assembly election may, and may only, be questioned by a petition to the High Court.
(2) (a) Subject to paragraph (b) of this subsection and Rule 97 (2) of the First Schedule to this Act, a petition shall not be accepted for lodgement with the court unless the petitioner lodges with the petition security in the sum of five thousand pounds for costs which may become payable by him.
(b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) of this subsection or that to require a petitioner to lodge the said amount would cause him serious hardship, the court may require him to lodge such lesser amount as the court considers appropriate.
(3) A petition may be presented by any person who has reached the age of eighteen years but may only be presented within a period specified in the Rules contained in Part V of the First Schedule to this Act and the said Rules shall have effect as regards the petition.
(4) An Assembly election may be questioned on the grounds of want of eligibility under section 7 of this Act, obstruction of or interference with or other hindrance to the conduct of the election, or mistake or other irregularity which, if established, are likely to have affected the result of the election.
(5) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and subject to the foregoing the decision of the High Court shall be final and not appealable.
(6) At the trial of a petition which the court does not dismiss, the court shall determine the matter at issue in the petition and shall in its order determining the petition include either—
(a) a declaration of the correct result of the Assembly election, or
(b) if it considers that it is unable to determine the correct result of the Assembly election, a declaration that the whole of such election or a specified part of such election was void together with a statement of its reasons for making the declaration.
(7) Where the court declares that the whole or any part of an Assembly election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Assembly and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court's order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if an Assembly election otherwise is due to be held in the State within the period of six months next following the said date.
Prohibition of disclosure of vote.
18.—A person who has voted at an Assembly election shall not in any legal proceedings be required to state how or for whom he voted.
Regulations.
19.—(1) The Minister may make regulations for prescribing any matter or thing which is referred to in this Act as prescribed.
(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses.
20.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) The expenses incurred by reason of this Act by the Minister for Posts and Telegraphs (whether such expenses relate to the exercise by candidates of the right of free postage conferred by Rule 18 of the First Schedule to this Act or are otherwise so incurred in relation to an Assembly election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.
Amendment of Act of 1963.
21.—(1) Section 91 of the Act of 1963 is hereby amended by the insertion in subsection (1) of the following paragraph after paragraph (b):
“(bb) the poll at an election of representatives to the European Assembly under the European Assembly Elections Act, 1977;”.
(2) Section 92 of the Act of 1963 is hereby amended by,
(a) the insertion in subsection (1) of “, Assembly electors” and “Assembly elections,” after “Dáil electors” and “presidential elections,”, respectively, and
(b) the insertion in subsection (3), after paragraph (c), of the following paragraph:
“(d) ‘Assembly electors’ and ‘Assembly elections’ have the same meanings, respectively, as in the European Assembly Elections Act, 1977.”,
and the said subsection (1), as so amended, is set out in the Table to this section.
TABLE
(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, Assembly electors or electors at local elections, or the conduct of Dáil elections, presidential elections, Assembly 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.
Amendment of sections 48 and 74 of Defence Act, 1954.
22.—The Defence Act, 1954, is hereby amended by the insertion of “or who assumes the office of representative in the Assembly of the European Communities” after “House of the Oireachtas” both in subsection (6) of section 48 and in section 74, and the said subsection (6) and the said section 74, as so amended, are set out in the Table to this section.
TABLE
(6) An officer who becomes a member of either House of the Oireachtas or who assumes the office of representative in the Assembly of the European Communities shall thereupon relinquish his commission.
74.—A reservist who becomes a member of either House of the Oireachtas or who assumes the office of representative in the Assembly of the European Communities shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.
Short title.
23.—This Act may be cited as the European Assembly Elections Act, 1977.
FIRST SCHEDULE
Rules referred to in Section 11 and Section 17
Sections 11 and 17.
PART I
Nominations
Order under section 6.
1. As soon as may be after an order has been made under section 6 of this Act the chief returning officer shall send a copy of the order to each returning officer and to the Registrar of Political Parties.
Notice of election.
2. The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the prescribed form of the Assembly election (in this Schedule referred to as the “Notice of Election”) stating—
(a) the times for receiving nominations,
(b) the amount of the deposit,
(c) the times and place at which nomination papers may be obtained,
(d) the times and place at which he will attend to receive nominations, and
(e) the day and the period fixed for the holding of the poll if the election is contested.
Register of Political Parties.
3. On the day (disregarding any excluded day) before the latest date for the publication of the Notice of Election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.
Nomination of candidates.
4. (1) A person shall not be entitled to have his name inserted in a ballot paper as a candidate at an Assembly election unless he has been nominated in the manner provided by this Act and his nomination paper has been ruled as valid by the returning officer.
(2) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may, if the Minister so thinks proper, include—
(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Assembly,
(b) a form of declaration, to be signed by the candidate or his proposer, that he has read the notes and believes himself or the candidate (as may be appropriate) to be eligible for election and that he or the candidate (as may be appropriate) does not stand validly nominated in respect of any other constituency.
(3) Each nomination paper shall state the names (the surname being stated first), the address and the occupation (if any) of the candidate.
(4) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties of which he is a candidate or the name of such political party together with the name of any political group noted on such Register in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the prescribed form (in this Schedule referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 13 (3) (c) of the Act of 1963 or pursuant to that section as applied by section 8 of this Act. Where such a certificate is produced, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices and where pursuant to section 8 of this Act, a candidate includes in his nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices.
(5) Where a candidate is not the candidate of a political party registered in the Register of Political Parties, he shall be entitled to enter after his name on the nomination paper the expression “Non-Party” and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.
(6) The returning officer shall provide nomination papers during the usual office hours at such place or places as are named in the Notice of Election on each week-day, during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations and he shall supply a nomination paper or papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this Rule shall not be obligatory at an Assembly election, provided that the nomination paper used at the election is in the prescribed form.
(7) Any reference in this Rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to Rule 3 of this Schedule.
Deposit by candidates.
5. The deposit to be made by or on behalf of a candidate pursuant to section 10 of this Act may be made by means of legal tender or, with the consent of the returning officer, in any other manner.
Return or disposal of deposit.
6. (1) The deposit made by or on behalf of a candidate shall be returned where the candidate—
(a) withdraws his candidature in accordance with Rule 12 of this Schedule,
(b) dies before the poll is closed,
(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate,
(d) is elected, or
(e) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one-third of the quota.
(2) Any deposit which is not returned under the foregoing paragraph shall be forfeited.
(3) Where a deposit is to be returned under paragraph (1) of this Rule it shall be returned to the person by whom it was made; provided that a deposit made by a candidate who dies before the poll is closed shall be returned to his personal representative.
(4) A deposit forfeited under this Rule shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.
Times for receiving nominations.
7. The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest date for the publication of the Notice of Election and the latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) after the said latest date.
Delivery of nomination papers.
8. (1) Every nomination paper shall be delivered to the returning officer within the times specified in Rule 7 of this Schedule, by the candidate or his proposer.
(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.
(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the Notice of Election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on the said latest date.
Selection of nomination papers.
9. The returning officer shall number the nomination papers in the order in which they are received by him; and the first valid nomination paper nominating a candidate for election shall be deemed to be the nomination of that candidate.
Ruling on validity of nomination papers.
10. (1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him and may rule that it is invalid if, but only if, he considers that it is not properly made out or signed.
(2) The candidate nominated by each nomination paper and his proposer, if any, and one other person designated by the candidate or his proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.
(3) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. Where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his proposer if either is present, or may rule that the nomination paper is invalid as not being properly made out.
(4) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include a statement of his reasons. His decision under this Rule shall be final subject only to reversal on a petition questioning the election.
(5) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of his ruling to the candidate.
(6) Every person in respect of whom a nomination paper has, under this Rule, been determined to be valid and whose candidature is not withdrawn in accordance with Rule 12 of this Schedule or is not deemed under section 10 of this Act or Rule 20 (1) of this Schedule to have been withdrawn shall stand validly nominated as a candidate.
Publication of nominations.
11. The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, cause a notice to be displayed outside the place at which he is receiving nominations stating the name and description of the person nominated in the paper and the name and address of his proposer, if any.
Withdrawal of candidature.
12. (1) A candidate may withdraw his candidature by a notice of withdrawal signed by him and delivered in person by him or by his proposer to the returning officer not later than the hour of 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations.
(2) Where the returning officer is satisfied that a candidate or his proposer is unable to attend and wishes to withdraw his candidature, withdrawal may be effected by delivering to the returning officer not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.
Publication of withdrawal.
13. The returning officer shall, immediately on the delivery to him of a notice of withdrawal under Rule 12 of this Schedule, give public notice of the withdrawal (and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person).
Obstruction of nominations.
14. (1) If the proceedings for or in connection with the nomination of candidates are obstructed by violence the returning officer may adjourn the proceedings to the next following day (disregarding any excluded day) and, if he so considers it necessary, he may further adjourn the proceedings until such obstruction shall have ceased.
(2) Where any proceedings for or in connection with such nomination are adjourned under this Rule, the latest date for receiving nominations shall be postponed for a period equal to the period of such adjournment and the returning officer shall so inform the Minister who may, by order, appoint the day for the taking of the poll in that constituency.
Appointment of agents.
15. (1) A candidate may appoint in relation to the constituency—
(a) one election agent to assist him generally, and
(b) one local agent for each county or county borough contained in the constituency to assist him in such county or county borough and to act as deputy in such county or county borough for the election agent of the candidate.
(2) A candidate, his election agent or his local agent may appoint with respect to any polling district in the constituency one deputy local agent to assist the candidate in the polling district and to act therein as deputy for the candidate's election agent and local agent.
(3) An appointment under this Rule may be revoked by,
(a) in case the appointment is made under paragraph (1) of this Rule, the candidate,
(b) in case the appointment is otherwise made under this Rule, the candidate, his election agent or his local agent.
(4) Where an appointment under this Rule is revoked or an agent appointed under this Rule dies, resigns or becomes incapable of acting during an Assembly election, another agent may be appointed pursuant to and in accordance with this Rule to replace him.
(5) The name and address of every agent appointed under this Rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to—
(a) in the case of the election agent, the returning officer,
(b) in the case of a local agent or a deputy local agent, the local returning officer.
General provisions as to agents.
16. (1) Each candidate, his election agent or his local agent may appoint agents to be present on the candidate's behalf—
(a) at the issue of ballot papers to postal voters,
(b) in polling stations, and
(c) at the opening of the postal ballot boxes.
(2) Each candidate or his election agent may appoint agents to be present on the candidate's behalf at the counting of the votes.
(3) Subject to the provisions of paragraph (4) of this Rule, the number of agents who may be appointed to be present on behalf of any candidate shall be fixed,
(a) in the case of agents appointed to be present at the counting of the votes, by the returning officer,
(b) in the case of any other agents appointed under this Rule, by the local returning officer,
so, however, that the same number shall be allowed on behalf of every candidate.
(4) Each candidate, his election agent or his local agent may appoint one person (in this Schedule referred to as a “personation agent”) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation and offences under Rule 71 of this Schedule.
(5) An appointment under this Rule may be revoked by,
(a) in case the appointment is made pursuant to paragraph (2) of this Rule, the candidate or his election agent,
(b) in case the appointment is otherwise made under this Rule, the candidate, his election agent or his local agent.
(6) Each candidate, his election agent or his local agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or his election or local agent to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.
(7) Each candidate, his election agent or his local agent shall, not less than two days (excluding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every personation agent appointed by the candidate or his election or local agent together with the name of the polling station for which the personation agent is appointed. Every personation agent appointed in accordance with this Rule and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the said polling station during the period commencing thirty minutes before the hour fixed by the Minister for the commencement of the poll and ending when the ballot boxes and documents have been sealed by the presiding officer as provided by Rule 46 (2) of this Schedule.
(8) Each candidate, his election agent or his local agent shall, not less than two days (excluding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or his election or local agent to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified to him.
(9) Each candidate or his election agent shall, not less than two days (excluding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to him.
(10) Where an appointment under this Rule is revoked or an agent appointed under this Rule dies, resigns or becomes incapable of acting during an Assembly election, another agent may be appointed pursuant to and in accordance with this Rule to replace him, and in case such an appointment is made the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to,
(a) in case the appointment is made under paragraph (2) of this Rule, the returning officer,
(b) in case the appointment is otherwise made under this Rule, the local returning officer.
(11) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on his behalf by an agent and may be present (in addition to any such agent) at any place at which any such agent may, pursuant to this Schedule, be present.
(12) Any thing required by this Schedule to be done in the presence of the agents of the candidates shall not be invalidated by reason only of any such agent or agents not being present at the time and place appointed for doing such thing.
Officers not to act as agents of candidates, further candidatures, etc.
17. (1) A returning officer, a local returning officer or any person employed by any such officer for any purpose relating to an Assembly election shall not act as agent for any candidate at that election and shall not be associated in furthering the candidature of any candidate or promoting the interests of any party at the election.
(2) A returning officer or a local returning officer shall not employ in any capacity for the purposes of an Assembly election any person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of any candidate or promoting the interests of any party at the election.
Candidates entitled to free postage.
18. (1) Subject to paragraph (3) of this Rule, each candidate at an Assembly election shall, subject to such conditions as may be determined by the Minister for Posts and Telegraphs, be entitled to send, free of any charge for postage, to each person on the register of European Assembly electors for the constituency, one postal communication containing matter relating to the election only and not exceeding two ounces in weight.
(2) A candidate shall not be entitled to exercise the right of free postage conferred by this Rule before he is validly nominated, unless he has given such security as may be required by the Minister for Posts and Telegraphs for the payment of the postage on all communications sent by him under this Rule in case he does not eventually become nominated.
(3) Where in a constituency two or more candidates at an Assembly election are candidates of the same political party then for the purposes of this Rule those candidates shall be regarded as a single candidate.
Procedure after nominations.
19. If at 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations—
(a) the number of candidates standing nominated exceeds the number of representatives to be elected, the returning officer shall adjourn the Assembly election and shall take a poll in accordance with this Act, or
(b) the number of candidates standing nominated is equal to or less than the number of representatives to be elected, the returning officer shall forthwith declare the candidates standing nominated to be elected and shall return their names to the chief returning officer and give public notice in accordance with the provisions of Rule 68 (3) of this Schedule.
Death of a candidate.
20. (1) Where, not less than seventy-two hours before the latest time for the withdrawal of candidature under Rule 12 of this Schedule, the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.
(2) Where, at any time during the period beginning seventy-two hours before the latest time for the withdrawal of candidature under Rule 12 of this Schedule and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the Assembly election—
(a) the returning officer shall notify the Minister and the chief returning officer of the death of the candidate and at the same time, if notice of the poll has been given, he shall countermand the poll,
(b) the returning officer shall give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,
(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,
(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the public notice referred to in subparagraph (b) of this paragraph and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date,
(e) the polling day at the fresh election shall be fixed by the Minister,
(f) Rule 3 of this Schedule shall not apply in relation to the fresh election and references to the Register of Political Parties contained in Rule 4 of this Schedule shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the countermanded election.
(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died—
(a) all votes cast at the Assembly election in the constituency shall be disregarded and the ballot papers destroyed,
(b) the returning officer shall notify the Minister and the chief returning officer of the death of the candidate.
(c) the provisions of subparagraphs (b) to (f) of paragraph (2) of this Rule shall apply.
(4) Where a candidate at an Assembly election dies in circumstances other than those referred to in paragraph (1), (2) or (3) the following provisions shall apply:
(a) his death shall not invalidate his nomination or any preference recorded for him and, if he is elected, his election shall not be invalidated by reason of his death,
(b) he shall be deemed to have been elected to membership of the Assembly by virtue of this Act and to have resigned his office immediately after having so become such a representative, and
(c) section 15 of this Act shall apply as regards the resultant vacancy in the Assembly.
(5) Where a poll is countermanded under this Rule, all ballot papers issued to postal voters shall be disregarded and the local returning officer shall destroy, without opening, all ballot papers received by him for inclusion in the countermanded poll.
PART II
The Poll
Notice of the poll.
21. Where an Assembly election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, give public notice (in this Schedule referred to as “notice of poll”) of—
(a) the day on which and the hours during which the poll will be taken,
(b) the names and descriptions of the candidates standing nominated as entered in their nomination papers and of the proposers, if any, and
(c) the order in which the names of the said candidates will appear on the ballot papers.
Ballot papers.
22. (1) The ballot of every voter shall consist of a paper (in this Schedule called a “ballot paper) in the prescribed form.
(2) Ballot papers shall be prepared in accordance with the following directions—
(a) each ballot paper shall contain the names and descriptions of the candidates standing nominated, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are two or more candidates bearing the same surname in the alphabetical order of their other names, or if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer,
(b) the surname of each candidate shall be printed in large characters and his name, address and occupation, if any, as appearing in his nomination paper shall be printed in ordinary characters,
(c) the name of each candidate's political party, if any, shall be printed in large characters and the name of his political group, if any, shall be printed in ordinary characters,
(d) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates' names and descriptions appear shall be the same for each of the candidates,
(e) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper,
(f) apart from things permitted by the prescribed form, nothing shall appear on the ballot paper except in accordance with these directions.
(3) The returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers and it shall be his duty to supply as soon as practicable to every local returning officer such number of ballot papers as that officer shall reasonably require.
The official mark.
23. (1) Every ballot paper shall at the time of issue be marked with an official mark (in this Schedule referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper, and for this purpose the returning officer shall provide a sufficient number of marking instruments.
(2) The returning officer shall ensure that the official mark is kept secret and that any particular mark is not used at two consecutive Assembly elections in the constituency.
Ballot boxes.
24. Every ballot box shall be so constructed that it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the box and the aperture for the insertion of ballot papers can be sealed.
Use of Dáil and local elections ballot boxes etc.
25. Where any constituency comprises the whole or any part of any Dáil constituency or local electoral area any ballot boxes, fittings for polling stations and compartments provided for Dáil or local elections in such Dáil constituency or local electoral area may be used for any Assembly election in such constituency; and it shall be the duty of the local returning officer at any Assembly election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and upon taxation of his accounts regard shall be had to the provisions of this Rule, and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at an Assembly election shall be paid as part of the expenses of the election.
Issue of postal ballot papers.
26. (1) As soon as practicable after the adjournment of an Assembly election for the purpose of taking a poll the local returning officer for a county or county borough contained in a constituency shall send by post to every Assembly elector whose name is on the postal voters list for that county or county borough a ballot paper and form of receipt (which shall be in the prescribed form).
(2) Each ballot paper issued under this Rule shall be marked with the official mark. The number (including polling district letter), name and description of the Assembly elector as stated in the postal voters list shall be called out, and a mark shall be placed in a copy of the postal voters list against the number of the elector to denote that a ballot paper has been issued to him, but without showing the number of the ballot paper so issued.
(3) The local returning officer shall place in an envelope addressed to the postal voter—
(a) the ballot paper,
(b) the form of receipt,
(c) an envelope (in this Schedule referred to as a “covering envelope”) addressed to the returning officer, and
(d) a smaller envelope, marked “Ballot Paper Envelope”,
and shall effectually close the first-mentioned envelope.
(4) The local returning officer shall count all envelopes addressed to the postal voters and forthwith deliver the envelopes to the nearest head post office or such other post office as may be arranged by him with the head postmaster; and the postmaster shall stamp with the post office date stamp a statement, to be presented by the local returning officer, of the number of envelopes so delivered and shall immediately forward the envelopes for delivery to the persons to whom they are addressed.
(5) Where an envelope issued to a postal voter in accordance with this Rule is returned to the local returning officer before the polling day as not having been delivered to the postal voter, the local returning officer may re-address the envelope and send it by post to that voter.
(6) As soon as practicable after completion at an Assembly election of the issue of the postal ballot papers the local returning officer, in the presence of the agents of the candidates, shall seal up in separate packets the marked copy of the postal voters list and the counterfoils of the ballot papers, endorsing on each packet a description of its contents, the name of the constituency and of the county or county borough for which he is the local returning officer and the date of the Assembly election to which it relates.
(7) The local returning officer shall give each candidate at an Assembly election at least twenty-four hours notice in writing of the time and place at which, if the election is contested, he will issue ballot papers to postal voters and of the number of persons each candidate may appoint as agents to attend such issue.
(8) The local returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates and no other person, except with the permission of the local returning officer, may be present at the issue of postal ballot papers.
Reception and custody of postal ballot papers.
27. (1) The local returning officer shall provide ballot boxes for the reception of the covering envelopes returned by postal voters. He shall show each such ballot box open to the agents of the candidates present at the time of the issue of postal ballot papers and shall then seal it and mark it “Postal Ballot Box” (by which name such ballot box is in this Schedule subsequently referred to) and with the name of the constituency. The local returning officer shall make provision for the safe custody of every postal ballot box.
(2) The local returning officer, on the receipt by him of a covering envelope, shall immediately place it unopened in the postal ballot box.
Polling cards.
28. (1) Where a poll is to be taken pursuant to this Act in a constituency, the local returning officer shall send to every Assembly elector whose name is on the register of electors for the county or county borough for which he is the local returning officer and is not on the postal voters list a card (in this Rule referred to as a “polling card”) in the prescribed form informing him of his number (including polling district letter) on the register of European Assembly electors and of the place at which he will be entitled to vote.
(2) A polling card shall be addressed to the Assembly elector at the address in respect of which he is registered in the register of European Assembly electors and shall be sent in sufficient time to be delivered in the ordinary course of post at that address not later than the third day before the polling day.
(3) A polling card shall be despatched by post and shall be transmitted free of charge by the earliest practicable post.
(4) No action or other proceeding shall lie against a local returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling card.
Use of schools and public premises.
29. (1) The local returning officer may for the purpose of taking the poll and the returning officer may for the purpose of counting the votes at an Assembly election use, free of charge, any school or any room in a school and any premises the expense of maintaining which is payable out of any rate.
(2) The returning officer or the local returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by him at an Assembly election.
(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll and counting the votes at an Assembly election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.
(4) A person having charge of a school adjoining or adjacent to, or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer or local returning officer of an intention to use such school or any part thereof at an Assembly election, object to such use by sending a statement of such objection to the officer by whom the notice was given. Any objection made under this paragraph may, on the application of the returning officer or the local returning officer, as may be appropriate, be over-ruled by the Minister if he thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this Rule.
(5) In this Rule “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.
Polling stations.
30. (1) At every polling place the local returning officer shall provide a sufficient number of polling stations, conveniently distributed for the accommodation of the Assembly electors entitled to vote there. Where, by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the local returning officer may provide a polling station or polling stations at any other convenient place.
(2) The local returning officer shall allot the Assembly electors to the polling stations in such manner as, in his opinion, will be most convenient for them.
(3) The local returning officer shall give public notice of the location of polling stations in each polling place and the description of Assembly electors allotted to vote at each such place.
(4) The local returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.
(5) The local returning officer shall provide at each polling station—
(a) such number of compartments in which the voters can mark their ballot papers screened from observation, as he considers necessary,
(b) such furniture as he considers necessary,
(c) a sufficient number of ballot boxes,
(d) such number of ballot papers as he considers necessary,
(e) instruments for placing the official mark on ballot papers,
(f) copies of the register or such part thereof as contains the names of the Assembly electors allotted to vote at the station,
(g) such materials as he considers necessary to enable voters to mark their ballot papers,
(h) such other documents, forms, stationery and other materials as he considers necessary.
(6) The local returning officer shall keep a record of the ballot papers provided by him at each polling station.
Presiding officers and poll clerks.
31. (1) The local returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the local returning officer and where the appointment revoked is the appointment of a presiding officer the local returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.
(2) The local returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the Assembly election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the list of persons to whom he has offered, or proposes to offer, appointments as presiding officers or poll clerks.
(3) A presiding officer shall keep order at his station, regulate the number of Assembly electors to be admitted at a time and shall exclude all other persons except those authorised by Rule 35 of this Schedule to be present in the station.
(4) The presiding officer may do by a clerk appointed to assist him any act which he is required or authorised to do by this Schedule, except ordering the arrest, exclusion or ejection from the polling station of any person.
(5) The local returning officer may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Schedule in like manner as if he had been appointed a presiding officer.
Polling on islands.
32. (1) This Rule applies where a poll is to be taken in a constituency and the local returning officer concerned is of opinion that, in the case of a polling station situate on an island, it is probable that owing to stress of weather or transport difficulties either—
(a) the poll cannot or could not be taken on the polling day, or
(b) if the poll were taken on that day, the ballot boxes could not reach the place for the counting of the votes at or before the time appointed for the commencement of the count under section 6 of this Act.
(2) Where this Rule applies the local returning officer shall give public notice in the polling district stating that he will take the poll at the polling station on the island on a specified day, being a day other than the polling day but within the period during which the relevant elections to the Assembly are to be held in each Member State and the following provisions shall, notwithstanding anything contained in this Act, have effect—
(a) the local returning officer may take the poll at the polling station on the island on the day specified in the notice or, where he is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which, in his opinion, transport between the island and the mainland is reasonably safe,
(b) where, owing to transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,
(c) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the time appointed for the commencement of the count he may then close the poll.
(3) No alteration shall be made in the form or contents of the notice of poll to be published under Rule 21 of this Schedule by reason of the alteration under this Rule of the day and hours of poll in such polling district.
Polling on islands; further provisions.
33. Where a poll, other than a poll taken on a day specified under Rule 32 of this Schedule, is to be taken in a constituency, notwithstanding anything contained in this Act, the following provisions shall have effect in relation to a polling station situate on an island—
(a) where, owing to transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,
(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the time appointed for the commencement of the count, he may then close the poll.
Opening of the poll.
34. Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.
Admission to polling station.
35. No person shall be admitted to a polling station other than—
(a) the local returning officer and any deputy of his,
(b) the presiding officer and poll clerk for the station,
(c) the personation agents duly appointed for the station by or on behalf of the candidates,
(d) Assembly electors admitted for the purpose of voting at the polling station,
(e) companions of Assembly electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors,
(f) members of the Garda Síochána on duty,
(g) messengers sent by or on behalf of the local returning officer and,
(h) persons authorised by the local returning officer to be present in the station.
Voting by persons in the employment of local returning officers.
36. Where an Assembly elector for a constituency is employed by a local returning officer for any purpose in connection with an Assembly election for that constituency, and the circumstances of that elector's employment are, in the opinion of the local returning officer, such as to prevent him from voting at the polling station at which that Assembly elector would otherwise be entitled to vote, the local returning officer may authorise such Assembly elector, by a certificate given in the prescribed form, to vote at any other polling station in the constituency.
Procedure for voting.
37. (1) Subject to the provisions of section 5 (2) of this Act and Rules 39, 40, 41 and 47 of this Schedule, the presiding officer shall deliver a ballot paper to an Assembly elector who applies therefor and declares his name and address.
(2) Immediately before a ballot paper is delivered to an Assembly elector—
(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,
(b) the ballot paper shall be marked with the official mark,
(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.
(3) An Assembly elector on receiving the ballot paper shall (subject to the provisions of Rule 39 of this Schedule) go alone into one of the compartments in the polling station and there shall secretly record his vote on the ballot paper and fold the paper so that his vote is concealed. He shall then return to the presiding officer's table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
Spoilt ballot papers.
38. A voter who has inadvertently spoilt his ballot paper may, on returning it to the presiding officer, be given another ballot paper. The presiding officer shall immediately mark “Spoilt” on the spoilt ballot paper and on the counterfoil thereof. He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with Rule 46 of this Schedule.
Voting by blind, incapacitated and illiterate Assembly electors.
39. (1) Where an Assembly elector applying for a ballot paper satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is so illiterate that he is unable to vote without assistance, this Rule shall apply.
(2) For the purposes of paragraph (1) of this Rule the presiding officer may, and if required by any candidate or personation agent present in the polling station shall, administer to the Assembly elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:—
“I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated or—that I am so illiterate—as the case may be) that I am unable to vote without assistance”
and if the Assembly elector refuses to take the oath or make the affirmation, this Rule shall not apply.
(3) Where this Rule applies in the case of an Assembly elector who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the elector may request that his ballot paper shall be marked for him by a companion and, subject to paragraph (4) of this Rule, the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.
(4) The presiding officer may, and if required by any candidate or personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
(i) Have you attained the age of sixteen years?
(ii) Have you marked as a companion more than one ballot paper at this election?
(iii) Are you a candidate at this election?
(iv) Are you an agent of a candidate at this election?
and unless such of those question as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.
(5) Where this Rule applies and—
(a) the Assembly elector is illiterate, or
(b) the Assembly elector does not request that his ballot paper shall be marked for him by a companion, or
(c) the Assembly elector having so requested, the marking of his ballot paper by the companion would be in contravention of paragraph (4) of this Rule,
the presiding officer shall, in the presence of the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.
(6) A request made by an Assembly elector within four hours before the hour fixed by the Minister for the close of the poll to have his ballot paper marked for him under this Rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of Assembly electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other Assembly electors.
(7) Where a ballot paper is to be marked pursuant to paragraph (5) of this Rule the presiding officer may assist the Assembly elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but he shall not act on any written instruction.
(8) Where, pursuant to this Rule a person has marked as a companion two ballot papers at an Assembly election, he shall not, at that election, mark as a companion any other ballot paper.
(9) A person shall not mark as a companion a ballot paper at an Assembly election if he is a candidate or agent of a candidate at that election.
Alleged personation.
40. (1) Where, at an Assembly election, a ballot paper has been issued to a person representing himself to be a particular Assembly elector named on the register of European Assembly electors and another person representing himself to be that Assembly elector applies for a ballot paper and duly answers any questions put to him under Rule 47 of this Schedule and takes the oath or makes the affirmation under the said Rule that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other Assembly elector.
(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the name and number (including polling district letter) on the register of European Assembly electors of each of the persons to whom such papers were issued.
Arrest of person committing certain offences.
41. (1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation or an offence under Rule 71 of this Schedule he may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation or an offence under the said Rule 71, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.
(2) If at the time a person applies for a ballot paper at an Assembly election, or after he has applied for a ballot paper and before he has left the polling station, a personation agent declares to the presiding officer that he believes and undertakes in writing to prove that the applicant has committed personation or an offence under Rule 71 of this Schedule, the presiding officer shall order a member of the Garda Síochána to arrest the applicant on the charge of having committed personation or an offence under the said Rule 71, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.
(3) Any member of the Garda Síochána may, without any warrant arrest any person who, he believes, is committing, or has committed, personation or an offence under Rule 71 of this Schedule.
(4) Any arrest authorised by this Rule may be made at any place whether in a polling station or out of such a station.
(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on his direction, without malice, of any person on a charge of having committed personation or an offence under Rule 71 of this Schedule.
Maintenance of order in polling station.
42. (1) If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer for that station, he may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove him. A person so removed shall not re-enter the polling station without the permission of the presiding officer.
(2) The powers conferred by the foregoing paragraph on a presiding officer shall be taken as including a power to remove from the polling station all election literature which advocates the candidature of a particular person or persons or of members of a political party.
(3) For the purpose of this Rule a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.
Obstruction of the poll.
43. (1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.
(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.
(3) Where a poll is adjourned under this Rule the presiding officer shall forthwith give notice of such adjournment to the local returning officer who shall forthwith inform the returning officer. The returning officer shall not open any of the ballot boxes used in the constituency until the adjourned poll has been completed.
(4) This Rule shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.
Damage to polling stations.
44. Subject to Rules 14, 20, 32, 33, 43 and 45 of this Schedule where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 6 of this Act the following provisions shall have effect:
(a) the local returning officer shall forthwith give public notice to that effect and take all such steps and give all such directions as he thinks proper for the holding or completion of the poll at such polling station,
(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the local returning officer,
(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and
(d) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll or the continued poll has been completed.
Destruction etc. of ballot boxes or ballot papers.
45. If at an Assembly election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer, a local returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:
(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,
(b) the returning officer shall forthwith inform the Minister and the chief returning officer of the polling having so become void,
(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as he thinks proper for the taking of a fresh poll at every such polling station,
(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,
(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,
(f) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll has been completed.
Duties of presiding officer at close of poll.
46. (1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Assembly electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.
(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets—
(a) the unused and spoilt ballot papers, placed together,
(b) the marked copies of the register of European Assembly electors,
(c) the counterfoils of the ballot papers,
(d) a ballot paper account in the prescribed form made out by him and a statement prepared in accordance with Rule 40 (2) of this Schedule,
(e) any certificates given by the local returning officer under Rule 36 of this Schedule authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation or an offence under Rule 71 of this Schedule, and
(f) the marking instrument, unused stationery and other documents and materials relating to the Assembly election,
and shall deliver all such ballot boxes and packets to the local returning officer.
(3) The local returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this Rule and of all documents connected with the poll.
(4) The local returning officer shall forthwith deliver to the returning officer each ballot box and ballot paper account delivered to him in pursuance of paragraph (2) of this Rule.
Right to vote.
47. (1) For the purposes of section 4 of this Act—
(a) a person's name shall be taken to be on a register of European Assembly electors if the register includes a name which in the opinion of the local returning officer or presiding officer was intended to be the person's name,
(b) the local returning officer or presiding officer may, and if so required by any candidate or personation agent present in the polling station shall, put to any person when he applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:
(i) Are you the same person as the person whose name appears as A B on the register of European Assembly electors now in force for the constituency of.............?
(ii) Have you already voted at this election?
(iii) Had you reached the age of eighteen years on..........(date of coming into force of the register)?
(iv) Are you either or both of the following:
(A) a citizen of Ireland,
(B) a national of a Member State of the European Communities other than Ireland?
and unless such of those questions as are put to the person are answered, in the case of the first, third and fourth of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote,
(c) the local returning officer or presiding officer may, and if so required by any candidate or personation agent present in the polling station shall, administer to any person when he applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:— “I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I am the same person as the person whose name appears as A B on the register of European Assembly electors now in force for the constituency of...........and that I have not already voted at this election, and that I had attained the age of eighteen years on.......... (date of coming into force of the register) and that I am a citizen of Ireland (or—a national of a Member State of the European Communities other than Ireland—or— both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland—as the case may be).”
and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.
(2) Save as is provided by this Rule and Rule 39 of this Schedule no question, oath, affirmation or objection shall be put or permitted at the time of the poll at an Assembly election as to the right of any person to vote, and no objection thereto shall be made or received by any local returning officer or presiding officer.
(3) Nothing in this Rule shall be construed as entitling any person to vote who is not entitled to do so, or as relieving him from any penalties to which he may be liable for voting.
PART III
The Counting of the Votes
Chapter I
Documents relating to postal voters
Opening of postal ballot boxes.
48. (1) Not less than four days before the polling day the local returning officer shall give written notice to each candidate of the time and place at which he will open the postal ballot boxes and of the number of agents each candidate may appoint to attend at the opening. He shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.
(2) The postal ballot boxes shall be opened by the local returning officer in the presence of the agents of the candidates.
(3) The postal ballot boxes shall be opened before the time fixed by the Minister, under section 6 of this Act, for the commencement of the count.
(4) The local returning officer, his assistants and clerks, members of the Garda Síochána on duty and the agents of the candidates duly appointed for the purpose under these Rules and no other person, except with the permission of the local returning officer, may be present at the opening of the postal ballot boxes.
Examination of documents received from postal voters.
49. (1) When a postal ballot box has been opened, the local returning officer shall extract the covering envelopes therefrom and count and note the number of covering envelopes so extracted. He shall then open each covering envelope separately and examine the receipt.
(2) If the receipt is found to be duly signed, he shall place the receipt and the ballot paper envelope in separate receptacles provided by him for the purpose.
(3) If he is not satisfied that the receipt has been duly signed he shall endorse the receipt “Rejected” and shall attach thereto the ballot paper envelope (without opening such envelope) or, if there is no such envelope, the ballot paper.
(4) A separate ballot box (which shall be subsequently delivered by the local returning officer to the returning officer who shall treat it as a ballot box for the purpose of the counting of the votes at the election) shall be provided and shall be shown open and empty to the agents of the candidates present and shall be locked and sealed by the local returning officer.
(5) Where a receipt does not appear to accompany the ballot paper envelope the local returning officer shall open the envelope and if it is found to contain the receipt he shall deal with the receipt and ballot paper in accordance with this Chapter.
(6) The local returning officer shall endorse “Rejected” any receipt not accompanied by a ballot paper and any ballot paper not accompanied by a receipt.
(7) Where a ballot paper and receipt are received together the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt, or either of them, were not placed in the proper envelopes or that any such envelope was not closed.
(8) The local returning officer shall on a request being made by the agent of a candidate show to the agent any receipt which he is rejecting on the ground that it has not been properly signed.
(9) The local returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from other documents.
Procedure as respects documents relating to postal voters.
50. (1) When the covering envelopes in any postal ballot box have been opened and their contents dealt with under the preceding Rule, the local returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in Rule 49 (3) of this Schedule) and shall place each ballot paper in the ballot box referred to in Rule 49 (4) of this Schedule.
(2) When the local returning officer has placed the postal ballot papers in the ballot box in accordance with this Rule, he shall seal up in separate packets—
(a) the receipts which accompanied the ballot papers duly accepted,
(b) the rejected receipts, with the envelopes, if any, attached, and
(c) the rejected ballot papers, with the envelopes, if any, attached.
(3) Where covering envelopes are received by the local returning officer after the close of the poll, or where envelopes addressed to postal voters are returned as undelivered, the local returning officer shall not open such envelopes and shall, subject to his power of re-addressing them, seal them up in separate packets.
(4) The local returning officer shall endorse on each packet mentioned in paragraphs (2) and (3) of this Rule a description of its contents, the name of the constituency, the name of the county or county borough for which he is such returning officer and the date of the Assembly election to which such contents relate.
Postal votes to be counted.
51. Every ballot paper duly marked by a postal voter and accompanied by the receipt duly signed by that voter which is received by the local returning officer by post before the close of the poll shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way.
Chapter II
Arrangements for the counting of the votes
Place for the counting of the votes.
52. The returning officer shall appoint a place within or convenient to the constituency as the place at which he will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with this part of this Schedule and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the Assembly election.
Attendance at the counting of the votes.
53. (1) Not less than four days before the polling day the returning officer shall give written notice to each candidate of the time and place at which he will begin to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.
(2) The returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates duly appointed for the purpose under this Schedule and no other person, except with the permission of the returning officer, may be present at the counting of the votes.
(3) The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (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 consistent with the orderly conduct of the proceedings and the performance of his functions.
Preliminary proceedings.
54. (1) On the day and commencing at the time appointed by the Minister under section 6 of this Act and at the place appointed under Rule 52 of this Schedule, the returning officer shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.
(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes and he shall, on request, allow the agent of any candidate to copy the statement.
(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes in accordance with this Schedule.
Time for the counting of the votes.
55. The returning officer 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.
Conduct of the counting of the votes.
56. (1) The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with this part of this Schedule, ascertain and record the number of votes given to each candidate.
(2) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.
Handling of ballot papers by candidates or agents.
57. Candidates or agents shall not handle ballot papers during the counting of the votes.
Chapter III
Rules for the counting of the votes
Interpretation (Part III, Chapter III).
58. (1) In this Chapter—
“continuing candidate” means any candidate not deemed to be elected and not excluded;
“count” means—
(a) all the operations involved in the counting of the first preferences recorded for candidates; or
(b) all the operations involved in the transfer of the surplus of a candidate deemed to be elected; or
(c) all the operations involved in the transfer of the votes of an excluded candidate;
“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;
“determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having being folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn;
“mark” means a figure, a word or a mark such as “X”;
“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever—
(a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference, or
(b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or
(c) it is void for uncertainty;
“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;
“preference” shall be interpreted as follows—
(a) “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference;
“second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;
“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference and so on;
(b) “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;
“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;
“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;
“transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.
(2) Any ballot paper—
(a) which does not bear the official mark; or
(b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, 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, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate, or
(d) on which anything 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 reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.
(3) The returning officer shall endorse “Rejected” on any ballot paper which under this Rule is not to be counted. The returning officer shall prepare a statement in the prescribed form showing the number of ballot papers rejected by him under each of the subparagraphs (a), (b), (c) and (d) of paragraph (2) of this Rule and shall, on request, allow any candidate or agent of a candidate to copy such statement.
First count.
59. (1) After the ballot papers have been mixed in accordance with Rule 54 (3) of this Schedule, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.
(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid papers.
The quota.
60. (1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of representatives to be elected. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate. This number is referred to in this Schedule as “the quota”.
(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.
Transfer of surplus.
61. (1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.
(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.
(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.
(4) In either of the cases referred to in paragraphs (2) and (3) of this Rule the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.
(5) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference. Where, however, the surplus is greater than such total number, a sub-parcel shall be made of a number of non-transferable papers equal to the difference between such total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and, for the purposes of Rule 68 (3) of this Schedule shall be described as non-transferable papers not effective and the remaining non-transferable papers, also arranged as a sub-parcel, shall be placed with the papers of the candidate deemed to be elected.
(6) Where the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers. The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be ignored. Where two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.
(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.
(8) A surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count; provided that—
(a) the returning officer need not necessarily transfer the surplus of a candidate deemed to be elected when that surplus, together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates and either—
(i) the number of votes credited to the lowest candidate is greater than one-third of the quota, or
(ii) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one-third of the quota;
(b) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference;
(c) if there are two or more surpluses each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.
(9) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their descending magnitude.
(10) Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus he will first deal with.
Exclusion of candidate.
62. (1) If at any time no candidate has a surplus (or when under Rule 61 of this Schedule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preference recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with and shall, for the purposes of Rule 68 (3) of this Schedule, be described as non-transferable papers not effective.
(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude such two or more lowest candidates provided that—
(a) the number of votes credited to the second lowest candidate is greater than one-third of the quota, or
(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one-third of the quota, it is clear that the exclusion of the candidates separately in accordance with paragraph (1) of this Rule and the transfer of any untransferred surplus could not result in a number of votes exceeding one-third of the quota being credited to any such candidate.
(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.
Transfer of votes.
63. (1) Where a transfer of votes is made under Rule 61 or 62 of this Schedule each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.
(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of Rule 61 of this Schedule before any other candidate is excluded.
Filling of last vacancies.
64. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.
(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.
(3) When the last vacancies can be filled under this Rule no further transfer of votes need be made unless any of the continuing candidates has not been credited with a number of votes exceeding one-third of the quota and it is necessary for the purposes of Rule 6 of this Schedule to make further transfers of votes to establish whether such a number of votes could be credited to him.
Recount.
65. (1) Any candidate or any agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count; but nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.
(2) The power, under paragraph (1) of this Rule, 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 shall extend to papers dealt with at an earlier count than the immediately preceding one.
(3) As respects each candidate, one request (and not more) may be made by him or his 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 Rule 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.
(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.
Declaration of the result of the poll.
66. On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.
Decisions of returning officer.
67. The decision of the returning officer, whether expressed or implied by his acts, on any question which arises in relation to the exclusion of any candidate under Rule 62 of this Schedule or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the Assembly election.
Chapter IV
Result of Assembly election etc.
Return of persons elected.
68. (1) The returning officer for a constituency shall make a return to the chief returning officer of the persons elected in the constituency to be representatives in the Assembly.
(2) The return shall be made by a certificate in the prescribed form of the names and descriptions of such persons signed by the returning officer, as soon as practicable after the result of the poll has been declared in accordance with Rule 66 of this Schedule or, where there is no poll, when such persons have been declared elected in accordance with Rule 19 (b) of this Schedule.
(3) The returning officer shall give public notice of the names and descriptions of the candidates elected and also, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and of the total number of votes credited to each candidate at the end of the count at which such transfer took place. He shall send a copy of the said notice to the Minister, the chief returning officer and each person elected. He shall also send a copy of the statement referred to in Rule 54 (2) of this Schedule to the Minister.
Retention and disposal of documents.
69. (1) On the completion of the counting of the votes the returning officer shall place in separate sealed packets—
(a) the counted ballot papers,
(b) the ballot papers rejected at the counting of the votes,
(c) the ballot paper accounts and the statement prepared in accordance with Rule 54 (2) of this Schedule, and
(d) the candidates' nomination papers, whether valid or invalid, and any certificates of political affiliation,
and shall mark on each packet particulars of its contents, the date of the polling day at the Assembly election and the constituency to which they relate and shall as soon as practicable forward the said packets to the chief returning officer.
(2) The local returning officer shall place in separate sealed packets—
(a) the unused and spoilt ballot papers,
(b) the counterfoils of ballot papers issued at polling stations,
(c) the marked copies of the register of European Assembly electors, and
(d) any authorisations to electors employed by the local returning officer to vote at other polling stations, and shall mark on each packet particulars of its contents, the date of the polling day at the Assembly election and the constituency and county or county borough to which they relate and shall as soon as practicable forward to the chief returning officer the said packets and the packets sealed up in accordance with Rule 26 (6) of this Schedule and paragraphs (2) and (3) of Rule 50 of this Schedule.
(3) The documents referred to in this Rule shall be retained by the chief returning officer for one year from the date of the poll at the Assembly election. At the expiration of the said period the chief returning officer shall, unless otherwise directed by an order of the High Court, cause the documents to be destroyed.
Return by chief returning officer.
70. The chief returning officer, shall, as soon as may be after he has received the return referred to in Rule 68 of this Schedule from each returning officer, make a return in the prescribed form to the Assembly of the persons elected in the State to be representatives in the Assembly.
PART IV
Electoral Offences
Prohibition on voting more than once etc.
71. (1) A person shall not in any year in which an Assembly election is held both,
(a) apply for a ballot paper or vote at the election, and
(b) apply for a ballot paper or vote at an election being held as regards any Member State other than the State in pursuance of any provision laid down under any or all of the treaties.
(2) A person,
(a) who is registered in the register of European Assembly electors for the time being in force but is not entitled to be so registered, or
(b) who is not registered in that register,
shall not vote at an Assembly election.
(3) A person who contravenes paragraph (1) or (2) of this Rule shall be guilty of an offence.
(4) Where a fresh Assembly election is held pursuant to section 17 (7) of this Act and such election is held in a year other than that in which the relevant Assembly election declared wholly or partly void by the court was held, then for the purposes of this Rule the fresh Assembly election and the Assembly election to which the declaration relates shall be regarded as being held in the same year.
(5) For the purposes of this Rule, a person who has marked, whether validly or not, and returned to the local returning officer a ballot paper issued pursuant to Rule 26 of this Schedule shall be deemed to have voted.
Personation.
72. (1) A person who, at an Assembly election—
(a) votes or applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or
(b) having already voted, applies at the same election for a ballot paper in his own name,
shall be guilty of the offence of personation.
(2) For the purposes of this Rule, a person who has marked, whether validly or not, and returned to the local returning officer a ballot paper issued pursuant to Rule 26 of this Schedule shall be deemed to have voted.
(3) A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.
Bribery.
73. (1) A person shall not, in relation to an Assembly election—
(a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or
(b) procure, by means of or in consequence of valuable consideration, the election of any person or the vote of any voter; or
(c) induce, by means of or in consequence of valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate, or withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or
(d) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.
(2) A person who contravenes paragraph (1) of this Rule shall be guilty of an offence.
(3) A person who aids, abets, counsels or procures the commission of an offence under this Rule shall be guilty of an offence.
(4) In this Rule—
“give”, “induce”, and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly;
“valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money's worth or valuable security or any valuable consideration or any office, place or employment to or for any person;
“vote” includes voting in a particular way or refraining from voting.
Undue influence.
74. A person who, in relation to an Assembly election, directly or indirectly makes use of or threatens to make use of any force, violence or restraint against or inflicts or causes or threatens to inflict or cause any temporal or spiritual injury or loss on or to any person, or attempts by abduction, duress, or fraud—
(a) to induce or compel any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or in a particular way, or
(b) to induce or compel any person to withdraw, or to refrain from withdrawing, from being a candidate, or
(c) to induce or compel any person to be a candidate or to impede or prevent any person from being a candidate, or
(d) to impede or prevent the free exercise of the franchise by any Assembly elector,
shall be guilty of an offence.
Breach of secrecy.
75. (1) A person who is present at the issue of ballot papers to postal voters or at the opening of postal ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, he—
(a) communicates, before the poll is closed, to any person any information obtained at the said issue as to the official mark, or
(b) attempts to ascertain at the said issue or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained at the said issue or the said opening.
(2) A person admitted to a polling station in any capacity at an Assembly election shall be guilty of an offence if, before the poll is closed he communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the register of European Assembly electors of any voter who has or has not applied for a ballot paper or voted at a polling station, or as to the official mark.
(3) A person who is present in any capacity at the counting of the votes at an Assembly election shall be guilty of an offence if he ascertains or attempts to ascertain at such counting the number on the back of any ballot paper, or if at any time he communicates any information obtained at such count as to the candidate for whom any vote is given on any ballot paper.
(4) A person shall be guilty of an offence if, at an Assembly election, except for some purpose authorised by law, he—
(a) interferes with or attempts to interfere with a voter when marking his vote, or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or
(b) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper issued to a voter at that station, or
(c) directly or indirectly induces any voter to display his ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or
(d) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.
Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.
76. A person shall be guilty of an offence if—
(a) wilfully and without lawful authority, he takes, destroys, conceals, opens or otherwise interferes with any ballot box or packet of ballot papers, or any packet of papers or documents of any kind then in use or intended to be used for the purposes of an Assembly election, or any ballot paper account or marked copy of a register of European Assembly electors prepared or used for the purposes of the election, or any unused ballot paper, or
(b) he maliciously destroys, tears, or defaces a ballot paper, or
(c) he forges or counterfeits a ballot paper or the official mark on a ballot paper, or
(d) without lawful authority, he supplies a ballot paper to any person, or
(e) he fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in it, or
(f) he fraudulently takes a ballot paper out of a polling station, or
(g) he forges or fraudulently defaces or fraudulently destroys any nomination paper or any certificate of political affiliation, or any certificate under Rule 36 of this Schedule or any official envelope or form of receipt used in connection with voting by post, or any other form or document used at an election, or
(h) he produces to the returning officer a nomination paper, knowing the same to be forged, or
(i) he counterfeits the official mark, or
(j) without lawful authority, he removes, destroys or damages any instrument for stamping the official mark on ballot papers or makes or has in his possession any imitation or counterfeit of any such instrument.
Disorderly conduct at election meeting.
77. (1) A person shall be guilty of an offence if, between the date of publication of the Notice of Election and the date on which the return is made by the chief returning officer under Rule 70 of this Schedule of persons elected to be representatives in the Assembly, he acts in a disorderly manner at a lawful public meeting held in connection with an election to the said Assembly.
(2) A person who aids, abets, counsels or procures the commission of an offence under paragraph (1) of this Rule shall be guilty of an offence.
Omission of name and address of printer and publisher from Assembly election documents.
78. (1) Every notice, bill, poster or similar document having reference to an Assembly election or distributed for the purpose of furthering the candidature of any candidate at an Assembly election shall bear upon its face the name and address of the printer and of the publisher thereof.
(2) A person shall be guilty of an offence if he prints, publishes or posts, or causes to be printed, published or posted, any such notice, bill, poster or similar document as aforesaid which does not bear upon its face the name and address of the printer and of the publisher thereof.
(3) The provisions of the preceding paragraphs of this Rule shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by a returning officer or a local returning officer.
(4) For the purposes of this Rule “print” includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.
Nominating or withdrawing a candidate without consent.
79. (1) A person shall not—
(a) nominate another person for election under this Act to the Assembly, or
(b) withdraw the candidature of another person for such election to the Assembly,
save with the consent of that person.
(2) A person who contravenes paragraph (1) of this Rule shall be guilty of an offence.
Forged certificate of political affiliation.
80. A person who produces to a returning officer a certificate such as is referred to in Rule 4 (4) of this Schedule which that person knows to be forged, shall be guilty of an offence.
False declaration on nomination paper.
81. (1) In case a person who, being a candidate or the proposer of a candidate at an Assembly election, makes a declaration on a nomination paper that he has read the notes on the back of the nomination paper and believes himself, or the candidate (as may be appropriate),
(a) to be eligible for election under this Act, and
(b) that he, or the candidate (as may be appropriate), does not stand validly nominated in respect of any other constituency,
then if he or the candidate (as may be appropriate) either,
(c) is not eligible for election under this Act, or
(d) stands validly nominated in respect of any other constituency,
the person shall be guilty of an offence.
(2) In a prosecution for an offence under paragraph (1) of this Rule, it shall be a good defence for the defendant to show that he had reasonable grounds for believing that he or the candidate (as may be appropriate) was eligible for election or did not stand validly nominated in respect of any other constituency.
Officer acting as agent of candidate or furthering a candidature.
82. A returning officer, a local returning officer or any person employed by any such officer for any purpose relating to an Assembly election who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any party at the election shall be guilty of an offence.
Obstruction of nomination or poll.
83. A person who at an Assembly election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.
Personation agent leaving polling station without permission.
84. (1) A personation agent shall not, during the hours fixed under section 6 of this Act for the holding of the poll, leave the polling station to which he is allotted without previously obtaining the permission of the presiding officer and depositing with the said presiding officer all registers, books and documents in which he has made any note, writing or mark during the poll.
(2) A personation agent who contravenes paragraph (1) of this Rule shall be guilty of an offence and in addition shall not, save with the permission of the presiding officer, return to the polling station in question.
Unlawful marking of ballot papers by persons acting as companions.
85. A person who contravenes paragraph (8) or (9) of Rule 39 of this Schedule shall be guilty of an offence.
False statement of withdrawal or death of a candidate.
86. A person who, between the date of publication of the Notice of Election and the date on which the return is made by the chief returning officer under Rule 70 of this Schedule of persons elected to be representatives in the Assembly, knowingly publishes a false statement of the withdrawal or death of a candidate at the Assembly election shall be guilty of an offence.
Misleading statement as to process of voting.
87. Any person who, before or during an Assembly election, makes or publishes any statement which is likely to mislead voters as to the actual process of voting shall be guilty of an offence.
Handling of ballot papers by candidates or agents.
88. A candidate or the agent of a candidate who handles a ballot paper during the counting of the votes at an Assembly election shall be guilty of an offence.
Unauthorised inspection of documents.
89. Unauthorised inspection of any document which is a document mentioned in section 16 (2) of this Act shall be an offence.
Limitation of time for prosecution of offence.
90. Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this Act may be instituted within twelve months from the date of the offence or, if the offence was committed in relation to an Assembly election as respects which proceedings questioning the election are held before the High Court, may be commenced within twelve months from the date of the offence or within three months from the decision of the court, whichever period last expires, but proceedings for an offence under this Act shall not be commenced after the expiration of the period of two years beginning on the date of the offence.
Penalties.
91. (1) Where a person is guilty of an offence under this Act, other than an offence mentioned in paragraph (2) of this Rule, such person shall be liable,
(a) on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, or
(b) on conviction on indictment to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
(2) Where a person is guilty of an offence under Rule 78 or 88 of this Schedule, such person shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
Compensation where certain charge is unjustly made or not prosecuted.
92. Where any person is arrested under Rule 41 of this Schedule on a charge made by a personation agent that such person has committed the offence of personation or an offence under Rule 71 of this Schedule and either such personation agent (or someone on his behalf) fails to appear before the court and support the charge, or the court acquits the person of having committed the offence and finds that the charge was made by the personation agent without reasonable or just cause, the court may, at the request of the person so charged but not otherwise, order the personation agent to pay to the person such sum not exceeding £250 as the court shall think proper by way of damages, and such sum when duly paid shall be accepted by the person so charged in full satisfaction of all claims by him in respect of damages arising from the said charge and his arrest and detention thereon.
Damages for breach of duty by officers, etc.
93. Where any person upon whom any functions or duties are conferred by or under this Act in relation to an Assembly election fails without reasonable cause to perform his functions or duties in that behalf, any person aggrieved by such failure shall be entitled to recover from him by action at law such sum not exceeding £200 by way of damages as the court by which such action shall be tried shall consider just.
Certificate of returning officer prima facie evidence.
94. In any civil or criminal proceedings in relation to an alleged offence at an Assembly election, the certificate of the returning officer for the constituency concerned of the due holding of the election or that a particular person was a candidate thereat shall be prima facie evidence of the facts stated therein and it shall not be necessary to prove the signature of the returning officer or that he was in fact such returning officer.
Corrupt withdrawal of petition.
95. A person who makes any agreement or enters into any undertaking in relation to the withdrawal of a petition in consideration of any payment or the cesser of membership of the Assembly or for any substantial reason not stated in the affidavit referred to in Rule 103 (2) of this Schedule shall be guilty of an offence.
PART V
Assembly Election Petitions
Questioning an Assembly election.
96. Where it appears to the Director of Public Prosecutions that an Assembly election may have been affected by the commission of electoral offences, he may question the election pursuant to this Act.
Security for costs.
97. (1) The security required to be given by section 17 (2) of this Act shall be given either by recognisances entered into by any number of sureties satisfactory to the court not exceeding four or by a deposit of money, or partly in one way and partly in the other.
(2) Where a petition is presented by the Director of Public Prosecutions, section 17 (2) of this Act shall not apply.
Presentation of petition.
98. (1) A petition shall be presented by being lodged in the Central Office of the High Court.
(2) Subject to paragraph (3) of this Rule, a petition shall not be presented save within the twenty-eight days next after the result of the Assembly election is declared by the returning officer.
(3) Where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the Assembly election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight days next after the day on which the said payment or consideration is alleged to have been made or to have passed.
(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—
(a) to any person to whose election the petition relates,
(b) to the Minister,
(c) to the chief returning officer,
(d) to the returning officer for the constituency to which the petition relates, and
(e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.
Grounds for petition.
99. (1) Without prejudice to the generality of section 17 (4) of this Act any of the following grounds may be specified in a petition:
(a) the Assembly election was affected by error or was not completed or was otherwise not conducted by the returning officer or any local returning officer in accordance with law,
(b) the Assembly election was affected by electoral offences,
(c) a candidate at an Assembly election was not eligible for election under section 7 of this Act to the Assembly.
(2) Notwithstanding any other provision of this Schedule, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.
(3) No Assembly election shall be declared invalid by reason of a non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake did not affect the result of the election.
Particulars in petition.
100. A petition shall be signed by the petitioner and shall specify—
(a) the Assembly election to which it relates,
(b) the grounds on which it is based,
(c) the remedy it seeks,
(d) the name and address of the petitioner and his solicitor or agent, if any.
Trial of petition.
101. (1) A petition shall be tried by the High Court and references to the court in this Part of this Schedule shall be construed as references to the High Court.
(2) The following provisions shall have effect in relation to the trial of a petition:
(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible;
(b) notwithstanding the death of any person to whose election the petition relates, his resignation as a representative in the Assembly or his otherwise ceasing to be such representative, the trial shall be continued until its result is determined;
(c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;
(d) the returning officer for the relevant constituency and any local returning officer concerned shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.
Counting of votes afresh.
102. (1) The court may, for the purposes of the trial of a petition questioning an Assembly election, if it thinks fit, order—
(a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or
(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,
and where the court so orders, the provisions of the following paragraphs shall have effect.
(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3) and (4) of this Rule and to such modifications (if any) as the court considers necessary, the provisions of Chapter III of Part III of this Schedule relating to the counting of votes at an election shall apply to such counting.
(3) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the following to be ignored:
(a) preferences recorded on ballot papers which are invalid by virtue of Rule 58 (2) of this Schedule,
(b) preferences recorded on forged or counterfeited ballot papers, and
(c) preferences recorded for any person who, with respect to the relevant Assembly election, is found by the court not to have been eligible for election under this Act to the Assembly.
(4) The court shall have power to reverse any decision of a returning officer at the original count.
(5) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 14 (6) of this Act shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Assembly election.
Withdrawal of petition.
103. (1) A petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to paragraphs (3) and (4) of this Rule was reasonable, and in addition to the foregoing, where a petition is presented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.
(2) Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating:
(a) the reasons for the proposed withdrawal, and
(b) that, to the best of the petitioner's knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Assembly or for any substantial reason not stated in the affidavit.
(3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.
(4) Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (2) of this Rule together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at, and if he thinks fit, oppose the application.
(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) of this Rule shall, unless the court otherwise directs, be made by all the petitioners.
(6) The withdrawal of a petition pursuant to this Rule shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.
Substitution of new petitioner following withdrawal.
104. (1) On the hearing of an application for leave to withdraw a petition, any person may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute him accordingly.
(2) In case the court substitutes a petitioner under paragraph (1) of this Rule and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by Rule 95 of this Schedule to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.
Substituted petitioners.
105. (1) Subject to Rule 104 (2) of this Schedule, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.
(2) In case the court substitutes a petitioner under Rule 104 of this Schedule and does not make a direction under paragraph (2) of that Rule, or in case the court substitutes a petitioner under Rule 106 of this Schedule, the security required by this Act in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.
Abatement of petition.
106. (1) A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.
(2) The abatement of a petition by virtue of paragraph (1) of this Rule shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.
(3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this Rule the petition shall thereupon be revived.
Matters relating to final order on trial of petition.
107. (1) A copy of the order determining the petition in accordance with section 17 of this Act shall be given forthwith by the court to each of the following, namely, any person to whose election the order relates, the Minister, the returning officer concerned, the chief returning officer and the Director of Public Prosecutions.
(2) The court shall have power to make such amendments in the return of persons elected made to the chief returning officer by a returning officer as it considers necessary in consequence of its decision on a petition.
Effect of certain declarations by court.
108. (1) Where the order of the court relating to a petition declares that a person was not duly elected as a representative to the Assembly or that the whole or part of an Assembly election was void, the person to whom the declaration relates, or any person elected at such void election or void part of such an election (as the case may be) shall cease forthwith to be a representative in the Assembly.
(2) Where an order mentioned in paragraph (1) of this Rule declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election under this Act to the Assembly, a specified other person was ascertained to have been elected, that other person shall forthwith stand elected as a representative to the Assembly.
No action to be taken in certain circumstances to fill vacancy in Assembly.
109. Except by an election of all the representatives to the Assembly, no action shall be taken to fill a vacancy in the representation in the Assembly caused by the death or cesser as such representative of a person who has died or resigned or otherwise ceased to be a representative in the Assembly while the trial of the petition relating to him is pending or proceeding.
Witnesses.
110. (1) The court shall be entitled of its own volition, at any time during the trial of a petition, to direct that a particular person shall be brought before the court and shall give evidence at the trial, and where the court so directs the cost of bringing the person before the court (including any moneys payable to him as witness's expenses) shall be regarded as part of the costs of the petition.
(2) Subject to paragraph (3) of this Rule, a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant Assembly election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege; provided that,
(a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and
(b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.
(3) Nothing in this Rule shall be construed as affecting the right of any party to a petition to call any person as a witness.
Costs of petition.
111. (1) All costs, other than the costs of counting votes afresh under Rule 102 of this Schedule, of and incidental to a petition shall be in the discretion of the court which shall have power to order such costs or any part of such costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provisions for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.
(2) Without prejudice to paragraph (1) of this Rule, where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant Assembly election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under Rule 102 of this Schedule, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.
Further provisions regarding costs.
112. (1) The costs and other expenses incurred on his behalf by a returning officer or a local returning officer at the trial of a petition shall be paid out of the Central Fund.
(2) Costs awarded to a returning officer or a local returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance and such debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.
(3) Subject to paragraph (4) of this Rule, costs awarded against a returning officer or a local returning officer at the trial of a petition shall be paid out of the Central Fund.
(4) Where the court is satisfied that the returning officer or a local returning officer has been grossly negligent in the discharge of his duties, the court may order that the officer shall be liable for any costs awarded against him by the court.
(5) Where an order is made under paragraph (4) of this Rule any costs awarded against an officer which are paid out of the Central Fund shall be a debt due to the Minister for Finance by the officer, and such debt, in default of being discharged, shall be recoverable by that Minister in any court of competent jurisdiction as a simple contract debt due to him.
Statement of case to Supreme Court.
113. (1) At any stage of the trial of a petition the court may, if it so thinks proper, on its own motion or on the application of any party to the petition, state a case for the opinion of the Supreme Court on any question of law arising at the trial.
(2) Notwithstanding anything contained in this Schedule, where a case is stated under this Rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part there of until such decision is given.
(3) Costs incurred in relation to a case stated under this Rule shall for all purposes be part of the costs incurred in relation to the petition.
PART VI
General
Secrecy.
114. A person who is—
(a) present at the issue of ballot papers to postal voters, or
(b) present at the opening of postal ballot boxes, or
(c) admitted to a polling station in any capacity, or
(d) present in any capacity at the counting of the votes, shall maintain, and aid in maintaining, the secrecy of the ballot.
Illness etc. of returning officer or local returning officer.
115. (1) Where a returning officer or local returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer or local returning officer for the performance of those duties during the period of the prevention.
(2) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer or local returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer or local returning officer during the period of the vacancy.
Taxation of returning officer's account etc.
116. (1) The Minister for Finance may, if he thinks fit, before payment of a returning officer's or local returning officer's charges under section 14 of this Act apply to a judge of the Circuit Court having jurisdiction in the constituency concerned for the taxation of the account submitted by the returning officer or local returning officer (which shall be in the form directed by the Minister for Finance) and such judge shall tax such account and determine the amount payable thereunder.
(2) On the request of a returning officer or local returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit, and on such terms as he thinks fit, make such an advance.
(3) The taxation under this Rule of the account of a returning officer or local returning officer shall, if the judge so directs on the application of such officer, include determination of the amount of any claim made by any person against such officer in respect of any matter charged for in such account.
Publication of notices.
117. Any public notice required by this Act to be given, may be given by any method which the returning officer or local returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.
Issuing of instructions.
118. (1) The Minister may, whenever he thinks proper so to do, issue to all or any returning officers or local returning officers such instructions in relation to the conduct of an Assembly election (including the opening of the ballot boxes and proceedings consequent thereon) as he shall consider necessary or expedient in order to ensure the smooth and efficient holding of the election and to secure uniformity of procedure in regard thereto in all constituencies.
(2) Subject to paragraph (3) of this Rule, it shall be the duty of every returning officer or local returning officer to observe and comply with all instructions given to him by the Minister.
(3) No returning officer or local returning officer shall be required or authorised by an instruction given to him by the Minister under this Rule to do any act (whether of commission or omission) which is contrary to this Act, or which would, directly or indirectly, infringe the secrecy of the ballot.
Polling districts and places.
119. Each constituency specified in the Second Schedule to this Act shall be deemed to be divided for the purpose of the taking of the poll at an Assembly election into the same polling districts as those into which the area specified in the second column of the said Schedule in respect of each such constituency is for the time being divided for the purpose of a Dáil election and the places which are for the time being appointed as polling places in each such polling district for the purpose of a Dáil election shall be the polling places for the purpose of taking the poll at an Assembly election. In this Schedule references to polling districts and polling places shall be construed accordingly.
Interpretation (First Schedule).
120. (1) In this Schedule—
“ballot paper” has the meaning assigned to it by Rule 22 (1);
“certificate of political affiliation” has the meaning assigned to it by Rule 4(4);
“covering envelope” has the meaning assigned to it by Rule 26 (3);
“excluded day” means a day which is a Sunday, Christmas Day, Good Friday or a bank holiday or a day which by virtue of a statute or proclamation is a public holiday;
“Notice of Election” has the meaning assigned to it by Rule 2;
“notice of poll” has the meaning assigned to it by Rule 21;
“the official mark” has the meaning assigned to it by Rule 23(1);
“personation agent” has the meaning assigned to it by Rule 16(4);
“postal ballot box” has the meaning assigned to it by Rule 27(1);
“the quota” has the meaning assigned to it by Rule 60(1).
(2) References in this Schedule to polling districts and polling places shall be construed having regard to Rule 119.
SECOND SCHEDULE
Constituencies
Section 12.
Name | Area | Number of Representatives |
Dublin | The administrative county of Dublin and the county borough of Dublin. | Four |
Connacht-Ulster | The administrative counties of: Cavan, Donegal, Galway, Leitrim, Mayo, Monaghan, Roscommon and Sligo. | Three |
Leinster | The administrative counties of: Carlow, Kildare, Kilkenny, Laoighis, Longford, Louth, Meath, Offaly, Westmeath, Wexford and Wicklow. | Three |
Munster | The administrative counties of: Clare, Cork, Kerry, Limerick, Tipperary North Riding, Tipperary South Riding and Waterford; and the county boroughs of: Cork, Limerick and Waterford. | Five |
Acts Referred to | |
1954, No. 18. | |
1963, No. 19. | |
1966, No. 1. | |
1972, No. 27. | |
1976, No. 4. | |
Petty Sessions (Ireland) Act, 1851 | 1851, c. 93. |