Number 28 of 1930.
ELECTORAL (DUBLIN COMMERCIAL) ACT, 1930.
ARRANGEMENT OF SECTIONS
Section | |
Expenses incurred by the Dublin City Manager and Town Clerk. | |
Registration of Electors.
Conduct of Elections.
Counting of Votes.
Acts Referred to | |
No. 27 of 1930 | |
Number 28 of 1930.
ELECTORAL (DUBLIN COMMERCIAL) ACT, 1930.
Definitions and interpretation.
1.—(1) In this Act—
the expression “the City” means the county borough of Dublin;
the expression “the City Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;
the expression “the City Council” means the council established under that name by the Local Government (Dublin) Act, 1930, (No. 27 of 1930);
the expression “commercial members of the City Council” means those members of the City Council who are required by law to be elected by the persons for the time being registered in the register of commercial electors;
the expression “ordinary members of the City Council” means those members of the City Council who are not commercial members of the City Council;
the expression “City election” means a triennial election of members of the City Council;
the expression “election under this Act” means an election of commercial members of the City Council;
the expression “trade name” means a name (other than his own name) under which a person carries on any business, profession, trade, manufacture, or other commercial or industrial pursuit;
the word “prescribed” means prescribed by regulations made under this Act.
(2) For all the purposes of the first election held under this Act and of the preparation of the register of electors for that election the urban district of Pembroke, the urban district of Rathmines and Rathgar, and the area referred to in the Local Government (Dublin) Act, 1930 (No. 27 of 1930), as the added rural area shall be deemed to be included in and to form part of the City and to be included in and form part of the county borough of Dublin, and references in this Act to the City and the said county borough shall be construed and have effect accordingly.
(3) Until the day which is the appointed day for the purposes of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), the Town Clerk of the City shall have, exercise and perform all the powers, functions and duties of the Dublin City Manager and Town Clerk under this Act, and references in this Act to the Dublin City Manager and Town Clerk shall be construed and have effect accordingly.
(4) Whenever a day on which anything is required by this Act to be done falls on a Sunday or a bank holiday such thing shall be done on the next following day which is neither a Sunday nor a bank holiday.
The register of commercial electors.
2.—(1) The register of commercial electors required by section 34 of the Local Government (Dublin) Act, 1930 (No, 27 of 1930), to be prepared and maintained shall be prepared and maintained under and in accordance with this Act.
(2) Subject and without prejudice to the provisions of the said section 34, the following provisions shall have effect in relation to the persons, who are entitled under that section to be registered in the register of commercial electors, that is to say:—
(a) where an individual is the rated occupier of premises and that individual carries on business in those premises under a partnership or trade name either alone or in partnership with another person or other persons, no person other than the said individual alone shall be entitled under the said section 34 to be registered in the said register in respect of those premises;
(b) where the rated occupier of premises is entered in the rate-books under a trade name, such rated occupier, if entitled to be registered in the said register in respect of those premises, shall be so registered in such trade name;
(c) where the rated occupier of premises is a partnership and is entered in the rate-books in the partnership name, such rated occupier, if entitled to be registered in the said register in respect of those premises, shall be so registered in the said partnership name;
(d) an individual who is the rated occupier of premises shall not be deemed to carry on business in those premises merely by reason of his being employed in those premises by a person who carries on business therein or his being a director or manager of a company which carries on business therein;
(e) where the rated occupier of premises is entered in the rate-books under a partnership name or trade name, such rated occupier shall not be deemed to occupy such premises for the purpose of carrying on business therein unless business is carried on therein under that partnership name or trade name.
In this subsection the word “premises” means a hereditament or tenement separately valued under the Valuation Acts, and references to carrying on business shall be construed as including the carrying on of any business, profession, trade, manufacture, or other commercial or industrial pursuit.
Registration area and registration officer.
3.—For the purposes of this Act the City shall form and be a single registration area and the Dublin City Manager and Town Clerk shall be the registration officer for such registration area.
Preparation of register.
4.—(1) Whenever a city election is required by law to be held, it shall be the duty of the registration officer to prepare in accordance with this Act a register of commercial electors for the purposes of such election.
(2) Every register of commercial electors shall be prepared in accordance with the rules contained in the First Schedule to this Act.
(3) The register of commercial electors prepared under this Act for the purposes of the first city election shall contain the names of all individuals, partnerships, unincorporated associations, and corporate bodies who are, on the day after the passing of this Act entitled by law to be registered in the register of commercial electors.
(4) The register of commercial electors prepared under this Act for the purposes of any city election after the first city election shall contain the names of all individuals, partnerships, unincorporated associations, and corporate bodies who, on the 15th day of November next preceding such election, are entitled by law to be registered in the register of commercial electors.
Completion of register.
5.—(1) The register of commercial electors prepared for the purposes of the first city election shall be completed on or before such day as shall be prescribed in that behalf.
(2) Every register of commercial electors prepared for the purposes of any city election after the first city election shall be completed on or before the 1st day of June next preceding such election.
Appeals from registration officer.
6.—(1) An appeal shall lie to the Judge of the Circuit Court having jurisdiction in the City from any ruling made by the registration officer under this Act on any claim or objection, and the decision of such Judge on any such appeal shall be final and conclusive and shall not be appealable to any other Court.
(2) Every appeal under this section shall be brought by way of case stated by the registration officer and it shall be the duty of the registration officer to state such case in the circumstances and manner specified in the First Schedule to this Act.
(3) The procedure and practice in the Circuit Court in relation to appeals under this section shall be regulated by rules of Court.
(4) Notice of the decision of a Judge of the Circuit Court on an appeal under this section shall be sent by the county registrar for the City to the registration officer, and the registration officer shall make such alterations in the register of commercial electors as may be required to give effect to such decision.
(5) The right of voting of any person whose name is for the time being on a register of commercial electors shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending and shall not be affected by the subsequent decision of such appeal.
Conduct of elections.
7.—(1) Every election of commercial members of the City Council shall be held and conducted in accordance with the rules contained in the Second and Third Schedules to this Act.
(2) Every individual, partnership, unincorporated association, and corporate body registered in the register prepared under this Act for any such election, and no other person, shall be entitled to vote at such election.
Returning officer.
8.—(1) The Dublin City Manager and Town Clerk shall be the returning officer at every election of commercial members of the City Council.
(2) The Dublin City Manager and Town Clerk may by writing under his hand appoint a fit person to be deputy returning officer for any particular election of commercial members of the City Council and may so appoint such person to be such deputy returning officer for all the purposes of such election or for any one or more of such purposes.
(3) A deputy returning officer appointed under this section shall, in relation to the purposes for which he is so appointed, have all the powers, duties, and liabilities of the returning officer under this Act.
Death of candidate.
9.—(1) In the counting of the votes cast at an election under this Act all the preferences recorded for a candidate of whose death the returning officer has received notice after the latest hour and day for the withdrawal of candidates and before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.
(2) Every candidate returned as elected at an election under this Act who dies before the commencement of his term of office, whether he so dies before, during, or after the election, shall (without prejudice to the power of a court or other tribunal of competent jurisdiction to declare his election void) be deemed to have been duly so elected and to vacate his seat immediately after the commencement of his term of office.
Preservation of secrecy.
10.—(1) The returning officer and every officer and clerk concerned in the issue, receipt, or counting of ballot papers at an election under this Act and every candidate at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not, before the completion of the election, communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of any ballot paper sent to any elector.
(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of any of his ballot papers by any elector at an election under this Act.
(3) No person shall directly or indirectly induce any elector at an election under this Act to display any of his ballot papers after he shall have marked the same so as to make known to such person or to any other person the name of the candidate for whom he has marked his vote on any such ballot paper.
(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding six months.
Non-compliance with rules or forms.
11.—No election of a candidate at an election under this Act shall be declared void by reason only of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms prescribed under this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election.
Election petitions and corrupt and illegal practices.
12.—(1) Part IV of the Municipal Corporations Act, 1882, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, as respectively amended or adapted by subsequent Acts, shall apply to elections under this Act and for the purposes of such application the following provisions shall have effect, that is to say:—
(a) an election of commercial members of the City Council shall be deemed to be a municipal election within the meaning of the said Acts;
(b) reference in the said Acts to the High Court shall be construed and have effect as references to the High Court of Justice in Saorstát Eireann;
(c) reference in the said Acts to the Director of Public Prosecutions shall be construed and have effect as references to the Attorney-General of Saorstát Eireann;
(d) elections of commercial members of the City Council shall be deemed to be one of the elections mentioned in the First Schedule to the said Municipal Elections (Corrupt and Illegal Practices) Act, 1884.
(2) No person who has voted at an election under this Act shall, in any proceeding to question the election or return, be required to state for whom he voted at such election.
Employment of assistants.
13.—The Dublin City Manager and Town Clerk may, for the purpose of the execution of his powers and duties under this Act, employ such and so many assistants, clerks, messengers, and other persons as he shall think proper, and the remuneration of such persons shall, to such extent as is allowed under this Act, be part of his expenses incurred in the execution of this Act.
Expenses incurred by the Dublin City Manager and Town Clerk.
14.—(1) All expenses certified under this section to have been properly incurred by the Dublin City Manager and Town Clerk (in this section referred to as the City Manager) in the execution of this Act shall be paid to the City Manager by the City Corporation out of the municipal fund.
(2) The Minister for Local Government and Public Health may frame and from time to time vary—
(a) a scale expenses chargeable by the City Manager in respect of the execution of his powers and duties as registration officer under this Act; and
(b) a scale of expenses chargeable by the City Manager in respect of the execution of his powers and duties as returning officer under this Act.
(3) The Minister for Local Government and Public Health may by order make regulations providing for—
(a) the preparation and vouching by the City Manager of his accounts of expenses incurred by him in the execution of this Act;
(b) the examination of such accounts and the allowance and disallowance of the items therein;
(c) the certification of the amount payable to the City Manager on any such account and the payment of such amount by the City Corporation to the City Manager;
(d) the making of advances by the City Corporation to the City Manager to meet expenses incurred or to be incurred by him in the execution of this Act.
Powers of deputy city manager.
15.—Whenever any person is lawfully appointed to be a deputy for the Dublin City Manager and Town Clerk and such person by virtue of such appointment has all the powers and is required to exercise and perform all the functions and duties of the Dublin City Manager and Town Clerk such person shall so long as he continues to be such deputy have all the powers and exercise and perform all the functions and duties of the Dublin City Manager and Town Clerk under this Act.
Offences in relation to registration.
16.—(1) Every person who makes a false declaration for the purpose of a claim for registration under the rules contained in the First Schedule to this Act, whether such claim is made by such person on his own behalf or on behalf of some other person and whether such falsity consists of an untrue statement or of the omission of a material fact shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(2) Every person who wilfully destroys, mutilates, effaces, or removes any notice, list, copy of register, or other document made available for inspection, posted up, or otherwise published by the registration officer in pursuance of the rules contained in the First Schedule to this Act shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Offences in relation to elections.
17.—Every person who—
(a) without lawful authority takes a ballot box provided for or in use at an election under this Act out of the custody of the returning officer at such election or of any person to whose care or custody such returning officer shall lawfully have entrusted such ballot box, or
(b) maliciously destroys, mutilates, or injures any ballot box provided for or in use at an election under this Act, or
(c) maliciously destroys, tears, or defaces any ballot paper provided for or issued or used at an election under this Act, or
(d) counterfeits the official mark provided for or in use or used at an election under this Act, or
(e) removes, destroys, or damages any instrument provided or in use or used for stamping the official mark on ballot papers at an election under this Act or makes or has in his possession any imitation or counterfeit of any such instrument, or
(f) forges or fraudulently defaces or fraudulently destroys any nomination paper for or relating to an election under this Act or delivers to the returning officer at any such election a nomination paper knowing the same to be forged, or
(g) forges or counterfeits any ballot paper at or in relation to an election under this Act or forges or counterfeits the official mark on any such ballot paper, or
(h) without due authority supplies to any person a ballot paper for or in relation to an election under this Act, or
(i) without due authority opens, or otherwise interferes with any ballot box provided for or in use at an election under this Act,
shall be guilty of a misdemeanour and shall be liable on summary conviction thereof to imprisonment for any period not exceeding one year or on conviction on indictment to imprisonment for any period not exceeding two years or penal servitude for any period not less than three years nor more than five years.
Regulations.
18.—The Minister for Local Government and Public Health may by regulations made by him under this section prescribe any matter or thing which is referred to in this Act as prescribed or to be prescribed.
Short title.
19.—This Act may be cited as the Electoral (Dublin Commercial) Act, 1930.
FIRST SCHEDULE.
Registration of Electors.
Definitions.
1. In this schedule—
the expression “City election” means an election of members of the City Council;
the expression “the first City election” means the first City election held after the passing of this Act;
the word “register” means a register of commercial electors prepared under this Act;
the expression “the first register” means the first register prepared after the passing of this Act;
references to the office of the registration officer shall be construed as references to that portion of the offices of the Dublin City Manager and Town Clerk which is for the time being allocated by him to the transaction of the business of the registration officer under this Act;
the expression “business hours” in relation to the office of the registration officer means any time during which that office is open for the transaction of business.
Order of names in register.
2. (1) Every register shall be framed in one part and the names contained in any such register shall be arranged therein in alphabetical order subject to the following modifications, that is to say:—
(a) individuals having the same surname shall be arranged amongst themselves in the alphabetical order of their first names and, where necessary, of their second and other names; and
(b) partnerships whose names begin with the same name shall be arranged amongst themselves in the alphabetical order of their other names; and
(c) partnerships whose names begin with an initial or a name which is not a surname shall be placed in the alphabetical position appropriate to the first, and where necessary the second and other, surnames in their names; and
(d) in the case of partnerships, unincorporated associations, and corporate bodies whose names begin with the definite article, that article shall be disregarded for the purpose of determining their alphabetical positions in the register.
(2) No error in the arrangement of the names in the register nor any failure to place a name in its proper alphabetical position shall invalidate the register or the registration of the name so misplaced.
Form of register.
3. (1) Every register shall be in the prescribed form and shall show in respect of every person registered therein the following matters and such other matters as shall be prescribed, that is to say:—
(a) the full name and address of such person; and
(b) whether such person is an individual, partnership, unincorporated association, or corporate body; and
(c) the premises or all the several premises in respect of which such person is registered; and
(d) the value within the meaning of section 35 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930) of the premises or the respective such values of the several premises in respect of which such person is registered; and
(e) the number of votes to which such person is entitled.
(2) For the purposes of this rule, the address of a person who is registered in the register in respect of one premises only shall be the postal address of such premises and the address of a person who is so registered in respect of two or more premises shall be the postal address of such one of those premises as such person shall indicate to the registration officer, or, in default of such indication, as the registration officer shall consider to be most convenient.
House to house inquiry.
4. It shall be the duty of the registration officer whenever he is required by this Act to prepare a register (other than the first register) to cause a house to house or other sufficient inquiry to be made with a view to ascertaining the persons appearing to be entitled to be registered in such register and the particulars in respect of each such person which are required by or under this Act to be stated in such register.
Obligation of occupier to give information.
5. (1) The registration officer may, by notice in the prescribed form, sent by post or otherwise, require any person occupying premises in the City to give in the prescribed form any information in his possession which the registration officer may require for the purposes of the preparation of any register and it shall be the duty of such person to give such information accordingly.
(2) Every person who fails to give any information which he is required by the registration officer to give under this rule or gives any such information which is false or misleading in any material respect shall be guilty of an offence under this rule and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Notice for claims for the first register.
6. (1) For the purposes of the preparation of the first register, it shall be the duty of the registration officer to publish at the prescribed time and to keep published during the prescribed period a notice in the prescribed form stating that such register is being prepared and inviting persons who claim to be entitled to be registered in such register to send to the registration officer on or before a specified date notice of such claim and stating the form of and the particulars to be stated in such claim.
(2) The date to be specified in the said notice published under this rule as the day on or before which claims are to be sent to the registration officer shall be such date as shall be prescribed in that behalf.
(3) The registration officer shall prepare and publish at the prescribed time and keep published during the prescribed period a list (in this Schedule referred to as a list of claimants and distinguished as the first such list) of all persons in respect of whom claims for registration are sent to him in pursuance of and within the time limited in the notice published by him under this rule.
Publication of electors lists.
7. (1) The registration officer shall, on or before the 29th day of January preceding every City election other than the first City election, prepare and publish a list (in this Schedule referred to as an electors list) of all persons appearing to him to be entitled to be registered in the register to be prepared under this Act for such election and shall keep such list published until the next following 27th day of February.
(2) Every electors list shall contain, in respect of every person whose name is entered therein, the like particulars as are required by or under this Act to be contained in the said register in respect of persons registered therein.
(3) Whenever the registration officer publishes an electors list he shall at the same time and for the same period publish a notice stating the mode in which and the time within which claims and objections in respect of such electors list may be made under these rules.
(4) Whenever the registration officer publishes an electors list he shall, during the period for which such electors list is required by this rule to be kept published, keep in his office a copy of such electors list and permit any person to inspect free of charge such electors list in such office at any time during business hours and shall furnish to any person on payment of the prescribed fee a copy of such electors list or any part or parts thereof for which such person shall apply.
Claims in relation to electors lists.
8. (1) Any person who claims to be entitled to be registered in a register (other than the first register) and whose name does not appear in the electors list published in relation to such register may, on or before the 26th day of February next after the commencement of the publication of such electors list, send to the registration officer a claim in the prescribed form and containing the prescribed particulars, to be registered in such register.
(2) On or before the 12th day of March next after the publication of an electors list the registration officer shall prepare and publish a list (in this Schedule referred to as a list of claimants) in the prescribed form of the names of all persons who have duly made in pursuance of the foregoing sub-rule a claim to be registered.
(3) Every list of claimants shall be kept published until the 27th day of March next after the commencement of the publication thereof.
Objections to electors lists.
9. (1) Any person who claims that any statement contained in an electors list in relation to himself or any other person is incorrect or incomplete or that any person (including himself) whose name is entered in an electors list is not entitled to be registered in the register in relation to which such electors list is prepared, may send to the registration officer, on or before the 19th day of February next after the commencement of the publication of such electors list, an objection in the prescribed form and containing the prescribed particulars to such electors list.
(2) On or before the 5th day of March next after the publication of an electors list the registration officer shall prepare and publish a list in the prescribed form of all objections to such electors list duly sent to him under the foregoing sub-rule and shall keep such list published until the 27th day of March next after the first publication thereof.
Objections to lists of claimants.
10. (1) Any person who claims that any other person whose name is entered in a list of claimants is not entitled to be registered in the register to which such list relates may send to the registration officer, in the case of the first list of claimants, on or before the prescribed day and, in the case of every subsequent list of claimants, on or before the 26th day of March next after the first publication of such list, an objection in the prescribed form and containing the prescribed particulars to such list.
(2) As soon as possible after every day which is the last day for sending to the registration officer objections to a list of claimants the registration officer shall prepare and publish a list in the prescribed form of all objections to such list of claimants duly sent to him under the foregoing sub-rule and shall keep such list of objections published for fourteen days after the commencement of the publication thereof.
Notice to persons objected to.
11. No objection to an electors list or to a list of claimants (other than an objection made by the registration officer) shall be entertained by the registration officer unless the person making such objection has, within the time limited for making such objection, sent a copy of such objection by registered post to the person to whom such objection relates.
Objections by the registration officer.
12. (1) The registration officer may himself at any time object to the registration of any person whose name is entered in an electors list or in a list of claimants and shall, where the time at which he makes such objection so permits, include such objection in the list of objections to such electors list or list of claimants (as the case may be) published under these rules.
(2) Whenever an objection is made by the registration officer under this rule the registration officer shall send notice of such objection by post or otherwise to the person to whom such objection relates.
(3) The registration officer may make such inquiries as he may deem necessary in regard to any name or statement entered in an electors list or a list of claimants.
Consideration of and ruling on claims and objections.
13. (1) As soon as practicable after the day which is prescribed as the last day for sending to the registration officer objections to the first list of claimants the registration officer shall consider all claims sent to him in accordance with these rules for registration in the first register and all objections to the first list of claimants sent to him in accordance with these rules or made by him under these rules and shall rule on every such claim or objection.
(2) As soon as practicable after the 26th day of March next after the publication of an electors list the registration officer shall consider all claims and objections sent to him in accordance with these rules in relation to such electors list and all objections to the relevant list of claimants sent to him in accordance with these rules and all objections made by him to such electors list or such list of claimants, and shall rule on every such claim or objection and shall make such (if any) corrections in such electors list as appear to him to be necessary in consequence of such rulings.
(3) When considering and ruling on a claim or objection in relation to a person who occupies or claims or is alleged to occupy premises partly for the purpose of carrying on therein any business, profession, trade, manufacture or other commercial or industrial pursuit, the registration officer shall consider and, when requisite, rule on the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied.
(4) Before ruling on any claim or objection the registration officer, if and whenever he considers it necessary or desirable so to do, shall give to the person by whom such claim or objection (not being an objection made by the registration officer) was made and, in the case of an objection (including an objection made by the registration officer), to the person to whom such objection relates an opportunity to be heard in regard to such claim or objection (as the case may be) and shall hear and consider such representations as may be made to him by any such person.
(5) The registration officer may make such inquiries as he may think proper in regard to any claim or objection sent to him under these rules in relation to the first register or in relation to any electors list.
Appeals from the registration officer.
14. (1) Whenever the registration officer rules on a claim or objection he shall, in the case of a ruling in relation to the first register, within three days or, in the case of any other ruling, within seven days after making such ruling, give notice in the prescribed form of such ruling to the person by whom such claim or objection (not being an objection made by the registration officer) was made and, in the case of a ruling allowing an objection (including an objection made by the registration officer), to the person to whom such objection relates.
(2) A person desiring to appeal against a ruling of the registration officer on a claim or an objection shall, within five days after the receipt by him of the said notice of such ruling, give to the registration officer a notice (in this rule referred to as a notice of appeal) in the prescribed form requiring the registration officer to state a case for the opinion of the Circuit Court in relation to such ruling and specifying the matters in respect of which the opinion of the said Court is required.
(3) Any person giving to the registration officer a notice of appeal under this rule in relation to a ruling on an objection shall at the same time give a copy of such notice to the person by whom such objection was made or to whom such objection relates (as the case may require).
(4) Whenever the registration officer receives a notice of appeal under this rule he shall, as soon as conveniently may be, state and send to the county registrar for the City a case for the opinion of the Circuit Court setting out the relevant facts as established to his satisfaction and specifying in accordance with such notice of appeal the matters on which the opinion of the said Court is desired.
(5) The registration officer, when sending to the county registrar for the City a case stated under this rule, shall send to such registrar with such case the originals or copies (as the circumstances may require) of all relevant documents.
Completion and publication of the register.
15. (1) On or before the prescribed day the registration officer shall, from the first list of claimants, the objections to such list sent to him in accordance with these rules, the objections to such list made by him under these rules, and his rulings on the claims in such list and on the said objections, prepare and complete the first register and shall publish such register.
(2) On or before the 1st day of June preceding a City election (other than the first City election) the registration officer shall complete the correction of the electors list prepared for the purpose of the register for such election and shall form such list into a register for such election and shall publish such register.
Publication of register.
16. (1) A register shall be published for the purposes of these rules by the publication in the Iris Oifigiúil of a notice that a copy of such register is open to inspection during business hours at the office of the registration officer and affixing a like notice outside and on or near the door of the said office.
(2) The registration officer shall send to the Minister for Local Government and Public Health a copy of every register published under these rules immediately upon publication thereof and shall thereafter furnish to the said Minister a summary of the contents of such register at such times, in such form and giving such particulars as the Minister shall direct.
(3) The registration officer shall during the prescribed period keep in his office a copy of the register which is for the time being the last register published under this Act and during such period shall permit any person to inspect free of charge such copy in such office during business hours and shall furnish to any person on payment of the prescribed fee a copy of such register or any part or parts thereof for which such person shall apply.
Publication of documents.
17. (1) When the registration officer is by these rules required to publish any document and no specific provision is made as to the mode of publication, he shall publish the document by making copies thereof available for inspection in his office and, if he thinks fit, in any other manner which is in his opinion desirable for bringing the document to the notice of those interested.
(2) Any failure to publish a document in accordance with these rules shall not invalidate the document, but this provision shall not relieve the registration officer from any penalty for such failure.
Forms of claims and objections.
18. The registration officer shall supply free of charge forms of claims and forms of objection to any person applying to him therefor.
Mode of sending notices, etc.
19. (1) Any notice, claim, objection, or other document required or authorised by these rules to be given or sent to the registration officer may be so given or sent by sending the same by prepaid post addressed to the registration officer at his office.
(2) Any notice or other document which is required or authorised by these rules to be sent or given by the registration officer to any person may be so sent or given by sending the same by prepaid post addressed to such person at his latest abode or place of business known to the registration officer.
SECOND SCHEDULE.
Conduct of Elections.
Definitions.
1. In this Schedule—
the word “election” means an election of commercial members of the City Council;
the word “register” means the register of commercial electors prepared under this Act for the election in relation to which the word is used; references to the office of the returning officer shall be construed as references to that portion of the offices of the Dublin City Manager and Town Clerk which is for the time being allocated by him to the transaction of the business of the returning officer under this Act;
the expression “business hours” in relation to the office of the returning officer means any time during which that office is open for the transaction of business;
the expression “the City” means the county borough of Dublin;
the expression “election tribunal” means a court or other tribunal having cognisance of petitions complaining of undue return or undue election at an election of commercial members of the City Council.
Times for particular acts.
2. At every election—
(a) the day of election shall be the day which is the day of election for the election of ordinary members of the City Council;
(b) the time for the publication of the notice of the election shall be not later than eighteen clear days before the day of election;
(c) the latest hour and day for receiving nomination papers shall be three o'clock in the afternoon on the day which is twelve clear days before the day of election;
(d) the latest hour and day for the withdrawal of candidates shall be three o'clock in the afternoon on the day which is ten clear days before the day of election;
(e) the day for making out the statement of persons nominated shall be the day which is nine clear days before the day of election;
(f) the time for the issue of ballot papers shall be such hour and day after the statement of persons nominated has been made out as the returning officer shall appoint for the purpose, but shall not be later than the day which is five clear days before the day of election;
(g) the close of the poll shall be nine o'clock in the evening of the day of election.
Notice of the election.
3. The returning officer shall, within the time limited by these rules, prepare, sign, and publish a notice in the prescribed form of the election.
Nomination of candidates.
4. (1) Every candidate at an election shall be nominated in writing in the prescribed form (in this Act referred to as a nomination paper) or in a form to the like effect and shall be so nominated by not less than ten nomination papers each of which is signed by one person as nominator and no two of which are signed by the same person.
(2) Every nomination paper shall state the surname and other names in full of the candidate and his place of abode and description.
(3) No person shall sign a nomination paper as nominator unless he is registered in the register prepared for the election to which such nomination paper relates.
(4) The following provisions shall have effect in relation to the signing of nomination papers by persons signing as nominators, that is to say:—
(a) a nomination paper intended to be signed by an individual registered in the register in his own name shall be signed by such individual in his own name, and shall state the place of business and description of such individual;
(b) a nomination paper intended to be signed by an individual registered in the register in a trade name shall be signed by such individual in such trade name, and shall state the principal office or place in which business is carried on in the City in that trade name;
(c) a nomination paper purporting to be signed in a trade name shall, until the contrary is proved, be deemed to have been so signed by the individual who is registered in the register in that name;
(d) a nomination paper intended to be signed by a partnership or by an unincorporated association shall be signed in the name of such partnership or association by some person having authority to sign in that name, and shall state the principal office or place of business in the City of such partnership or association;
(e) a nomination paper purporting to be signed in the name of a partnership or in the name of an unincorporated association shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name;
(f) a nomination paper intended to be signed by a corporate body shall be so signed by affixing to such paper the seal of such body in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body, and shall state the principal office or place of business in the City of such body;
(g) a nomination paper purporting to be sealed with the seal of a corporate body and to be countersigned shall, until the contrary is proved, be deemed to have been so sealed in the manner and with the countersigna-tures required by the constitution, articles of association, or other regulations of such body;
(h) every nomination paper shall state the number in the register of the person signing such paper as nominator.
(5) The returning officer shall provide forms of nomination papers and shall furnish free of charge to any person entered in the register such number of forms of nomination papers as such person shall reasonably ask for.
Delivery and validity of nomination papers.
5. (1) Every nomination paper shall be delivered in person by either the candidate or the nominator named therein to the returning officer at his office at any time during business hours on any day before the latest hour and day for receiving nomination papers and any nomination paper not so delivered shall be invalid.
(2) The returning officer shall note on each nomination paper the time at which such paper was delivered to him and shall also number, in the order in which they are delivered to him, the nomination papers of each candidate.
(3) The returning officer shall, as soon as practicable after the delivery of a nomination paper to him, examine such paper and decide whether it is or is not in the proper form, duly filled up, signed, and completed in accordance with this Act and whether it is valid or is invalid.
(4) The decision of the returning officer that a nomination paper is in the proper form, duly filled up, signed, and completed in accordance with this Act and is valid shall be final and conclusive.
(5) Whenever the returning officer decides that a nomination paper is invalid he shall write and sign on such paper a note of his decision and the grounds thereof.
(6) The first ten valid nomination papers for any candidate duly delivered to the returning officer in accordance with this rule shall be the nomination papers for that candidate, and all other nomination papers for that candidate shall have no operation or effect.
(7) When ten valid nomination papers for any candidate have been duly delivered to the returning officer, the returning officer shall, as soon as practicable and in any event not later than the day for making out the statement of persons nominated, send to such candidate by post or otherwise notice in writing of the delivery of such papers.
Statement of persons nominated.
6. The returning officer, on or before the day for making out the statement of persons nominated, shall prepare a statement in the prescribed form setting out the names, places of abode, and descriptions of the candidates who have been validly nominated and have not withdrawn their candidature and shall affix a copy of such statement on the principal external gate or door of the building in which his office is situate.
Withdrawal of candidature.
7. Any candidate may, at any time before or after he has been nominated but not later than the latest hour and day for the withdrawal of candidates, withdraw his candidature.
Nomination for both ordinary and commercial elections.
8. If the returning officer, at the expiration of the time for receiving nomination papers under these rules, finds that any candidate, duly nominated under these rules, has also been duly nominated as a candidate in respect of any borough electoral area for election as an ordinary member of the City Council and has not withdrawn either of such candidatures, the returning officer shall forthwith send by post or otherwise to such candidate a notice in writing informing him of such nominations and requiring him to withdraw one of such candidatures, and if such candidate does not lawfully withdraw one of those candidatures before the expiration of the time within which a candidature may be withdrawn under these rules he shall, at the expiration of such time, be deemed for all purposes to have withdrawn his candidature for election under this Act.
Circumstances in which a poll is or is not to be taken.
9. (1) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature exceeds the number of members to be elected, a poll shall be taken in accordance with this Act.
(2) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature is equal to the number of members to be elected, the returning officer, on the day after the latest day for the withdrawal of candidates, shall publish a notice in the prescribed form that no poll will be taken and that the said candidates will be declared to be elected and shall also send by post or otherwise to each of the said candidates a copy of such notice.
(3) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature is less than the number of members to be elected, such and so many of the retiring members as were highest in order of declaration at the last election or, if there was no poll at such election, as shall be selected by lot by the returning officer as will make up the full number of members to be elected shall be deemed to have been validly nominated for reelection and shall, for the purposes of the foregoing sub-rule of this rule, be deemed to be candidates who have been validly nominated and have not withdrawn their candidature, and the said sub-rule shall apply accordingly.
Procedure where there are no candidates.
10. If no candidate is validly nominated or all the candidates who are validly nominated lawfully withdraw their candidature, the retiring members shall be deemed to be re-elected and the returning officer, on the day after the latest day for the withdrawal of candidates, shall publish a notice that no poll will be held and that the retiring members will be declared to be elected and shall also send a copy of such notice by post or otherwise to every such retiring member.
Death of candidate.
11. (1) If the returning officer, before the latest hour and day for the withdrawal of candidates, receives notice that a candidate who has been validly nominated has died (whether before or after his nomination) such candidate shall for the purpose of these rules be deemed to have lawfully withdrawn his candidature.
(2) If the number of candidates who are validly nominated and do not withdraw their candidature exceeds the number of members to be elected and the returning officer receives, before the issue of ballot papers has commenced, notice of the death of one or more of such candidates and the number of such candidates surviving is equal to or less than the number of members to be elected, the returning officer shall forthwith countermand the poll and the rules in this Schedule relating to the event of the number of candidates being (as the case may require) equal to or less than the number of members to be elected shall apply with the substitution of the day after the receipt of such notice by the returning officer for the day after the last day for the withdrawal of candidates.
Right of electors to receive ballot papers.
12. (1) On the day appointed for the issue of ballot papers, the returning officer shall send by post to each person whose name is on the register at the address stated on such register such number of ballot papers as such person is entitled to receive together with a form of declaration of identity.
(2) Every person entitled to vote at an election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking ballot papers sent to him under these rules and returning by pre-paid registered or ordinary post to the returning officer or delivering to the returning officer at his office during business hours such ballot papers together with the form of declaration of identity sent to him therewith duly made and completed by him.
Method of filling ballot papers.
13. (1) An elector in giving his vote must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his ballot paper the figures 2 and 3, or 2, 3 and 4 and so on opposite the names of other candidates in the order of his preference.
(2) Any ballot paper—
(a) which does not bear the official mark; or
(b) on which the figure 1 standing alone indicating a first preference for some candidate is not placed; or
(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate; or
(d) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate; or
(e) on which anything except the number on the back is written or marked by which the voter can be identified;
shall be invalid and not counted.
Form of ballot papers.
14. (1) Every elector shall be entitled to receive a number of ballot papers equal to the number of votes to which he is stated in the register to be entitled, but neither the failure of any elector to receive the said number of ballot papers or to receive any ballot papers nor the receipt by any elector of more than the said number of ballot papers shall invalidate the election.
(2) Every ballot paper shall be in the prescribed form and shall—
(a) contain a list of the candidates described by their names, addresses, and descriptions as stated in their nomination papers and arranged alphabetically in one continuous column in the order of their surnames and, in the case of identity of surnames, of their other names; and
(b) have a number printed on the back thereof; and
(c) have attached a counterfoil with the said number printed on the face thereof; and
(d) be marked, at the time of the issue thereof, on both sides with an official mark either stamped or perforated.
(3) The surname of each candidate shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters save that, whenever the surnames of two or more candidates are the same, there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or both the address and the description of each such candidate as will, in the opinion of the returning officer, effectively distinguish such candidate.
Declaration of identity.
15. (1) Every declaration of identity shall be in the prescribed form and such form shall include (either on the face or the back of the form) instructions to the voter.
(2) Every declaration of identity shall be signed by the voter and (except where the voter is a corporate body) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and description.
(3) The following provisions shall have effect in relation to the signing of declarations of identity by voters, that is to say:—
(a) where the voter is registered in the register in a trade name the declaration shall be signed by such voter in the said trade name followed by the signature of such person in his own name;
(b) where the voter is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word “partner”;
(c) where the voter is an unincorporated association, the declaration shall be signed in the name of such association by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of such association;
(d) where the voter is a corporate body the declaration shall be signed by affixing thereto the seal of such body in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of such body;
(e) a declaration of identity purporting to be signed in accordance with this sub-rule shall, until the contrary is proved, be deemed to be signed in accordance with these rules.
Issue of ballot papers.
16. At the time appointed by the returning officer for the issue of ballot papers, the returning officer shall issue and send to every person registered in the register the number of ballot papers to which such person is entitled together with a form of declaration of identity and such other documents as are specified in these rules.
Attendance of candidates.
17. Every candidate at an election shall be entitled to attend at the issue of ballot papers for that election, and the returning officer shall, on the request of any such candidate, inform such candidate of the time and place at which such issue of ballot papers will be made.
Persons present at issue of ballot papers.
18. No person shall be present at the issue of ballot papers save the returning officer and his assistants, such of the candidates as choose to attend, and such other person (if any) as the returning officer may permit to be so present.
Method of issuing ballot papers.
19. (1) The returning officer shall issue ballot papers to each elector by doing or causing to be done the following things in the following order, that is to say:—
(a) the number, name, and description of the elector and the number of ballot papers to which he is entitled, as stated in the register, shall be called out;
(b) the elector's said number shall be marked on the several counterfoils of the number of ballot papers to which he is entitled;
(c) a mark shall be placed on the register opposite the elector's number thereon to denote that ballot papers have been issued to such elector but without disclosing the identity of any of such ballot papers;
(d) every of the said ballot papers shall be marked on both sides with the official mark;
(e) the several numbers on the backs of the said ballot papers respectively shall be marked upon a form of declaration of identity and upon a ballot paper envelope;
(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the register the following documents, that is to say:—
(i) the said ballot papers; and
(ii) the said form of declaration of identity; and
(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the returning officer; and
(iv) a smaller envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form marked as hereinbefore directed with the several numbers on the backs of the said ballot papers respectively;
(g) the outer envelope shall be effectually closed.
(2) When the foregoing provisions of this rule have been complied with in respect of every elector, all the closed outer envelopes shall be collected, counted, and posted.
Posting of ballot papers.
20. The returning officer shall post the said closed outer envelopes by delivering such envelopes to the general post office in the City or such other office as may be arranged with the head postmaster and prepaying, in such manner as may be arranged with such head postmaster, the postage on all such envelopes, and the postmaster at the office where such closed outer envelopes are delivered shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by post for delivery to the persons to whom they are addressed.
Preservation of register and counterfoils.
21. The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the candidates in attendance (if any), shall make up in separate packets, sealed with his own seal and sealed by such of the candidates as desire to affix their seals, the marked copy of the register and the counterfoils of the ballot papers.
Commercial members' ballot box.
22. The returning officer shall provide a sufficient number of ballot boxes marked “commercial members ballot box” for the reception of the covering envelopes when returned by voters, and on the completion of the issue of the ballot papers the returning officer shall show every such ballot box open to the candidates (if any), present and shall seal every such ballot box with his seal and shall make provision for the safe custody of all such ballot boxes.
Disposal of covering envelopes on receipt.
23. The returning officer shall place unopened in one of the commercial members ballot boxes every covering envelope received by him before the close of the poll as and when it is received by him and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll, and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.
Notice of counting of votes.
24. Not less than three days before the close of the poll the returning officer shall send by post to every candidate at his address as stated in his nomination papers notice in writing of the time and place at which he will open the ballot boxes and count the votes.
Opening of ballot boxes.
25. As soon as conveniently may be after the close of the poll the returning officer shall open the ballot boxes and count the votes.
Persons present at counting of votes.
26. No person shall be present at the opening of the ballot boxes or the counting of the votes save the returning officer and his assistants, such of the candidates as choose to attend, and such other persons (if any) as the returning officer may permit to be so present.
Procedure on opening of ballot boxes.
27. When the ballot boxes have been opened the returning officer shall do the following things, that is to say:—
(a) take all the covering envelopes out of all the ballot boxes and count and note the number thereof;
(b) open each such covering envelope, examine the declaration of identity therein and compare the numbers on such declaration with the numbers on the ballot paper envelope in such covering envelope;
(c) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles;
(d) if he is not satisfied that the declaration of identity has been duly completed and made he shall endorse the declaration of identity “vote rejected,” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper or papers;
(e) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on every ballot paper agrees with the number on the declaration of identity and there are not more ballot papers than there are numbers on such declaration he shall place the ballot paper in the special receptacle provided by him for ballot papers;
(f) if the number on any ballot paper does not agree with a number on the declaration of identity or there are more ballot papers than there are numbers on such declaration, he shall replace the ballot papers in their envelope, if any, attach such envelope or ballot papers (as the case may be) to the declaration of identity, and endorse the declaration of identity “vote rejected”;
(g) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper envelope in accordance with the foregoing provisions of this rule;
(h) he shall mark with the word “rejected” every declaration of identity which is not accompanied by any ballot paper, and every ballot paper which is not accompanied by a declaration of identity.
Ballot papers and declaration not in proper envelopes.
28. Where one or more ballot papers and a declaration of identity are received together and the numbers thereon agree, such ballot papers shall not be rejected solely on the ground that such ballot papers and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.
Rejection of declarations of identity.
29. The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates present, and if an objection is made by any such candidate to his decision he shall add to the endorsement the words “rejection objected to.”
Separation of rejected declarations.
30. The returning officer shall keep all rejected declarations of identity with the attached envelopes or ballot papers, as the case may be, separate from other documents.
Opening of ballot paper envelopes.
31. When all the covering envelopes in the several ballot boxes have been opened and their contents dealt with under the preceding rules, the returning officer shall open each unopened ballot paper envelope and compare the numbers on the envelope with the several numbers on the ballot papers therein and if the number on every ballot paper agrees with a number on the envelope and there are not more ballot papers than there are numbers on the envelope, he shall place the ballot papers in the special receptacle provided by him for ballot papers, but if the number on any ballot paper or the numbers on two or more ballot papers does or do not agree with any number on the envelope he shall mark all the ballot papers “rejected”and shall attach them to the envelope.
Preservation of declarations, ballot papers, etc.
32. As soon as the returning officer has completed the placing of the ballot papers in the said special receptacle he shall seal up in separate packets, (1) the declarations of identity which accompanied any ballot papers duly accepted, (2) any rejected declarations of identity, and (3) any rejected ballot papers, in the two latter cases with the envelopes (if any) attached thereto.
Counting of the votes.
33. When the returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said special receptacle, and shall then take the said ballot papers out of the said special receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Third Schedule to this Act, the votes recorded on the said ballot papers.
Rejection of invalid ballot papers.
34. The returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid and, if an objection be made by any candidate to his decision rejecting the ballot paper, he shall add to the said endorsement “rejection objected to.”
Continuity of proceedings under this Schedule.
35. The returning officer shall, so far as practicable, proceed continuously with the proceedings under this Schedule subsequent to the opening of the ballot boxes and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time, or other reason appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting he shall take all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.
Declaration of secrecy.
36. The returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting.
Certificate of result of the poll.
37. As soon as the counting of the votes is completed the returning officer shall prepare and sign a certificate in the prescribed form setting out the names of the candidates elected, the order in which they were elected, the total number of votes given for each candidate (whether elected or not), every transfer of votes made under this Act, and the total number of votes credited to each candidate at the end of the count at which each such transfer took place, and such other matters as shall be prescribed, and shall affix a copy of such certificate on the principal external gate or door of the building in which the votes were counted and shall within three days send a certified copy of such certificate to the Minister for Local Government and Public Health.
Notice of the result of the election.
38. As soon as may be after the completion of the counting of the votes or, where no poll has been taken, at twelve o'clock noon on the day after the day of election, the returning officer shall prepare and sign a notice in the prescribed form of the result of the election and shall by such notice declare to be elected or deemed to be re-elected as commercial members of the City Council the persons who, at the poll or by virtue of nomination or otherwise under these rules, were so elected or deemed to be re-elected and shall affix a copy of such notice on the principal external gate or door of the building in which his office is situate and shall send a copy of such notice to each of the persons thereby declared to be elected or deemed to be re-elected and shall within three days send a certified copy of such notice to the Minister for Local Government and Public Health and shall cause a copy of such notice to be posted up in the room in which meetings of the City Council are held.
Preservation of ballot papers.
39. Upon the completion of the counting of the votes the returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.
Retention of documents by returning officer.
40. The returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the register, the counterfoils of the ballot papers, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and he shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal shall have otherwise ordered.
Inspection of sealed packets.
41. No person shall be allowed to inspect any of the said sealed packets retained by the returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal.
Authority for inspection of sealed packets.
42. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require but on such inspection care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid.
Compliance with orders of election tribunal.
43. The returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets.
Conclusiveness of production by returning officer.
44. Where an order is made by an election tribunal for the production by the returning officer of any document or packet of documents in his possession relating to a specified election, the production by the returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relate to the said specified election and the endorsement made by the returning officer in pursuance of this Schedule on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be.
Evidence of voting.
45. The production by the returning officer of a ballot paper purporting to have been used at an election and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by such ballot paper was the person whose number on the register relating to such election was the same as the number so marked on such counterfoil.
Endorsement of packets by returning officer.
46. Whenever the returning officer is required by this Schedule to seal up any documents in a separate packet he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.
Publication of notices.
47. Where the returning officer is by these rules required to publish a notice or other document and no specific provision is made as to the mode of publication, the returning officer shall publish such notice or other document by affixing a copy thereof to the principal external gate or door of the building in which his office is situate.
THIRD SCHEDULE.
Counting of Votes.
1. (1) After the ballot papers have been mixed in accordance with the Rules contained in the Second Schedule to this Act, the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged 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 full total number of all valid papers.
2. The returning officer shall then divide the full total number of all valid papers by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the “quota.”
3. If 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.
4. (1) If 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 the provisions of this rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or subparcel of the elected candidate, according to the next available preferences recorded thereon.
(2) (a) If the votes credited to an elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in subparcels according to the next available preferences recorded thereon.
(b) If the votes credited to an elected candidate 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 the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.
(c) In either of the cases referred to in paragraphs (a) and (b) of this sub-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.
(3) 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:
Provided that where 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 the said 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 9 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.
(4) (a) If 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.
(b) 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.
(c) 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.
If 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, preference shall be given to the candidate who obtained 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 had an unequal number of votes, and the fraction credited to the candidate 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.
(d) The particular 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 stamped or perforated so as to indicate the number of the count at which the transfer took place.
(5) A surplus which arises at the end of any count shall be transferred before a surplus which may arise at a subsequent count: Provided that—
(a) the returning officer need not necessarily transfer the surplus of an elected candidate 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;
(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.
(6) 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 magnitude.
(7) If two or more candidates have each an equal surplus arising from the same count, regard shall be had to the number of original votes obtained by 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 number 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.
5. (1) If at any time no candidate has a surplus (or when under the preceding Rule 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 preferences 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 the Second Schedule to this Act be described as non-transferable papers not effective.
(2) If 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 those candidates and transfer their votes in accordance with this rule.
(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.
6. (1) Whenever any transfer is made under any of the preceding rules 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 contained in rule 4 before any other candidate is excluded.
7. (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) Where 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.
8. (1) Any candidate or his agent 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 accordingly the papers indicated 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:
Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.
(2) The powers of the Court or other tribunal upon an election petition shall include power to direct the whole or any part of the ballot papers to be recounted, and the result of the election to be ascertained in accordance with these rules.
(3) On any such recount, subject to such modifications as may be necessary by reason of any order of the Court or other tribunal, each paper shall take the same course as at the original counting of the votes.
9. (1) If any question shall arise in relation to the exclusion of any candidate under rule 5 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final, unless an objection in writing stating the grounds thereof is made to the returning officer by any candidate or his agent before the declaration of the poll, and in that event the decision of the returning officer may be reversed upon an election petition.
(2) If any decision of the returning officer is so reversed, the transfer in question and all operations subsequent thereto shall be void, and the court or other tribunal may direct what transfer is to be made in place of the transfer in question, and may cause the subsequent operations to be carried out, and the result of the election to be ascertained in accordance with these rules.
10. In these rules—
(1) The expression “continuing candidate” means any candidate not deemed to be elected and not excluded.
(2) The expression “first preference” means the figure “1” standing alone; the expression “second preference”means the figure “2” standing alone in succession to the figure “1”, and the expression “third preference” means the figure “3” standing alone in succession to the figures “1” and “2” set opposite the name of any candidate, and so on.
(3) The expression “next available preference” means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order, on the ballot paper for candidates already deemed to be elected or excluded being ignored.
(4) The expression “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.
(5) The expression “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 or not) are marked with the same number and are next in order of preference; or
(b) the name of the candidate next in order of preference (whether continuing or not) is marked—
(i) by a number not following consecutively after some other number on the ballot paper; or
(ii) by two or more numbers; or
(c) it is void for uncertainty.
(6) The expression “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.
(7) The expression “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.
(8) The expression “surplus” means the number of votes by which the total number of the votes, original and transferred credited to any candidate, exceeds the quota.
(9) The expression “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 an-elected candidate; or
(c) all the operations involved in the transfer of the votes of an excluded candidate.
(10) The expression “deemed to be elected” means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll.
(11) The expression “determine by lot” means determine in accordance with the following direction:—The names of the candidates concerned having been written on similar slips of paper, and the slips having been 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.