Number 1 of 1998

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No. 1/1998: REFERENDUM ACT, 1998

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ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Establishment and membership of Commission.

3. Functions of Commission.

4. Consultants and advisers.

5. Advertisements etc., by Commission.

6. Submissions to Commission in relation to referendum.

7. Declaration that body is an approved body for purposes of a referendum.

8. Publication of notices by Commission.

9. Obligation to provide information or statutory declaration if required.

10. Notification of referendum returning officer and local returning officer of details of approved body.

11. Appointment by approved body of agents at a referendum.

12. Referendum petition.

13. Advances to Commission.

14. Reports and information to Minister.

15. Amendment of Act of 1994.

16. Provisions in relation to offences.

17. Short title, collective citation and construction.

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ACTS REFERRED TO

 

 

Broadcasting Authority Act, 1960 1960, No. 10

Radio and Television Act, 1988 1988, No. 20

Referendum Act, 1994 1994, No. 12

Referendum Acts, 1992 and 1994

 

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Number 1 of 1998  REFERENDUM ACT, 1998

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AN ACT TO ENABLE THE MINISTER FOR THE ENVIRONMENT AND LOCAL GOVERNMENT TO ESTABLISH IN RELATION TO A REFERENDUM A COMMISSION TO BE KNOWN AS A REFERENDUM COMMISSION HAVING AS ITS PRINCIPAL FUNCTION THE PROVISION OF INFORMATION TO THE ELECTORATE IN RESPECT OF THE REFERENDUM AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[26th February, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Interpretation.

1.—(1) In this Act except where the context otherwise requires—

"the Act of 1994" means the Referendum Act, 1994;

"approved body" means a body declared by the Commission under section 7 to be an approved body;

"the Commission" means the commission established under section 2;

"functions" includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

"the Minister" means the Minister for the Environment and Local Government;

"referendum" means a constitutional referendum or an ordinary referendum.

(2) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

[zza1y1998s2]2 Establishment and membership of Commission.

2.—(1) Whenever a referendum falls to be held, or, in the case of a constitutional referendum, may fall to be held, the Minister may, if he or she considers it appropriate, by order establish a commission which shall be known as the Referendum Commission and is referred to in this Act as "the Commission" to perform the functions conferred on it by this Act.

(2) An order under subsection (1) shall be made—

(a) in the case of a constitutional referendum, not earlier than the date on which the Bill concerned is initiated in Dáil Éireann, and

(b) in the case of an ordinary referendum, not later than the date of the making of the relevant order under section 12 of the Act of 1994.

(3) The Commission shall be independent in the performance of its functions.

(4) The Commission shall consist of a chairperson and 4 ordinary members.

(5) The chairperson shall be—

(a) a former judge of the Supreme Court or a former judge of the High Court, or

(b) following consultation with the President of the High Court, a judge of the High Court,

nominated by the Chief Justice.

(6) The ordinary members shall be—

(a) the Comptroller and Auditor General, or where the office is vacant, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,

(b) the Ombudsman, or where the office is vacant, the Director of the Office of the Ombudsman,

(c) the Clerk of Dáil Éireann, or where the office is vacant, the Clerk Assistant of Dáil Éireann, and

(d) the Clerk of Seanad Éireann, or where the office is vacant, the Clerk Assistant of Seanad Éireann.

(7) (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission notifies the Minister that he or she is for any reason temporarily unable to act as such member then—

(i) in the case of the chairperson, a former judge of the Supreme Court, or a judge or former judge of the High Court, nominated by the Chief Justice following consultation in the case of a judge of the High Court with the President of the High Court,

(ii) in the case of the Comptroller and Auditor General, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,

(iii) in the case of the Ombudsman, the Director of the Office of the Ombudsman,

(iv) in the case of the Clerk of Dáil Éireann, the Clerk Assistant of Dáil Éireann, and

(v) in the case of the Clerk of Seanad Éireann, the Clerk Assistant of Seanad Éireann,

shall become and be a member of the Commission for the duration of such inability.

(b) Where a person becomes a member of the Commission pursuant to paragraph (a) for the duration of an inability, the member of the Commission who is temporarily unable to act as such member shall be deemed for such duration not to be a member of the Commission.

(8) Where the Chief Justice nominates a person under subsection (5) or (7), he or she shall notify the Minister in writing of the name of the person so nominated and upon receipt of the notification the Minister shall appoint a day for the purposes of those subsections and upon that day the person shall become and be a member of the Commission.

(9) (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission ceases to hold the office by virtue of which he or she became a member of the Commission, he or she shall continue to be a member of the Commission until the performance of those functions have been completed, unless otherwise directed by the Minister.

(b) The provisions of subsection (6) shall not apply in a case where a person continues to be a member of the Commission pursuant to paragraph (a).

(10) The Commission may act notwithstanding one or more vacancies among its members.

(11) A member of the Commission shall not advocate or promote a particular result at the referendum in respect of which the Commission has been established.

(12) Subject to the provisions of this Act, a Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.

(13) The Minister for Finance shall make available to a Commission such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister for Finance, after consultation with the Commission, shall determine.

(14) The following shall be absolutely privileged:

(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;

(b) reports of the Commission, wherever published;

(c) statements made in any form at meetings or sittings of the Commission by its members or officials and such statements wherever published subsequently;

(d) submissions made to the Commission under section 6.

(15) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

 

3 Functions of Commission.

3.—(1) The Commission shall have, in addition to any functions conferred on it by any other provision of this Act, the following principal functions in relation to the referendum in respect of which it is established:

(a) to prepare—

(i) a statement or statements containing a general explanation of the subject matter of the proposal and of the text thereof in the relevant Bill and any other information relating to those matters that the Commission considers appropriate, and

(ii) a statement or statements having regard to any submissions under section 6 concerning the proposal to which the referendum relates and setting out the arguments for and against the proposal,

and the statements shall be fair to all interests concerned;

(b) to publish and distribute such statements in such manner and by such means including the use of television, radio and other electronic media as the Commission considers most likely to bring them to the attention of the electorate and to ensure as far as practicable that the means employed enable those with a sight or hearing disability to read or hear the statements concerned;

(c) to foster and promote and, where appropriate, to facilitate debate or discussion in a manner that is fair to all interests concerned in relation to the proposal aforesaid.

(2) The Commission shall have all such powers as it considers necessary or expedient for the performance of its functions including, but without prejudice to the generality of the foregoing, the following powers:

(a) to prepare, publish and distribute brochures, leaflets, pamphlets and posters, and

(b) to distribute the statements aforesaid to each presidential elector or each household.

(3) If the Commission is established before the passing of the Bill containing the proposal or proposals concerned to amend the Constitution, the Commission shall not publish any statement under this section or incur any expenditure without the consent of the Minister for Finance before such passing.

 

4 Consultants and advisers.

4.—The Commission may from time to time engage such consultants or advisers as it may consider necessary or expedient for the performance of its functions, and any remuneration due to a consultant or adviser engaged under this section shall be paid by the Commission out of moneys at its disposal having regard to guidelines issued from time to time by the Minister for Finance and, in addition to the foregoing, the Commission shall comply with any directions (which the Minister for Finance is hereby empowered to give) given by the Minister for Finance to the Commission with regard to such consultants and advisers.

 

5 Advertisements etc., by Commission.

5.—(1) Section 20(4) of the Broadcasting Authority Act, 1960, and section 10(3) of the Radio and Television Act, 1988, shall not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in section 3 concerning the referendum.

(2) The Minister for Arts, Heritage, Gaeltacht and the Islands, if so requested by the Commission following consultation by the Commission with Radio Telefís Éireann ("the Authority") and consideration of any proposals of the Authority for broadcasts in connection with the referendum that it communicates to the Commission, shall direct the Authority in writing to allocate broadcasting time to facilitate the Commission in performing its functions, and the Authority shall comply with a direction under this subsection.

(3) The Minister for Arts, Heritage, Gaeltacht and the Islands, if so requested by the Commission following consultation by the Commission with An Coimisiún Um Radio agus Telefís Neamhspleách — The Independent Radio and Television Commission ("the Independent Commission") and consideration of any proposals of the Independent Commission for broadcasts in connection with the referendum by sound broadcasting contractors or television programme service contractors that it communicates to the Commission, shall direct the Independent Commission in writing to arrange for the provision for and on behalf of the Commission of services (with or without charge) including the allocation of broadcasting time to facilitate the Commission in performing its functions, and the Independent Commission shall comply with a direction under this subsection.

 

6 Submissions to Commission in relation to referendum.

6.—A person may make a submission in writing or by electronic mail to the Commission in relation to the proposal the subject of the referendum within such time as the Commission may specify.

 

7 Declaration that body is an approved body for purposes of a referendum.

7.—(1) On application in that behalf in accordance with this section to the Commission by a body, the Commission may make a declaration that the body is an approved body for the purposes of the referendum concerned in respect of which the Commission was established.

(2) An application under subsection (1) shall be in writing in a form specified by the Commission or in a form to the like effect and shall be made within such time as the Commission may specify and shall include the address in the State of the body concerned.

(3) Where a body makes an application under this section, it shall nominate a person to be its authorised officer for the purposes of this Act (referred to subsequently in this Act as "an authorised officer") and the name and address of the person so nominated shall be included in the form of application.

(4) A Commission may refuse to make a declaration under subsection (1) if—

(a) in the opinion of the Commission, the body concerned does not have a bona fide interest in the proposal the subject of the referendum concerned,

(b) it fails or refuses to comply with the provisions of this section or section 9, or

(c) the name of the body is identical with the name of any party registered in the Register of Political Parties, or in the opinion of the Commission so closely resembles such name as to be calculated to mislead, confuse or deceive.

(5) Upon the determination of an application under this section, the Commission shall as soon as may be—

(a) by notice in writing (which may be sent by post) inform the body concerned of the determination and, if it is a refusal to make a declaration under this section, the notice shall include a statement of the reasons for the refusal, and

(b) publish a notice in Iris Oifigiúil of the result of the determination.

(6) A person shall not knowingly furnish false information to the Commission in relation to an application under this section.

(7) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

(8) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

(9) (a) Subject to paragraph (b), in this section "body" means a body corporate or unincorporated body which, or a branch of which, is established in the State, governed by a constitution, a memorandum of association or other such document or other written rules and having a membership of not less than 300.

(b) A political party that is for the time being registered in the Register of Political Parties shall be deemed to be a body.

 

8 Publication of notices by Commission.

8.—The Commission shall as soon as may be after its establishment publish a notice in two or more national newspapers—

(a) indicating that a person may make submissions in writing or by electronic mail to the Commission in relation to the proposal the subject of the referendum,

(b) indicating that a body may apply to the Commission for a declaration under section 7,

(c) specifying time limits for the receipt of such submissions and applications, and

(d) specifying the procedures for making such submissions and applications.

 

9 Obligation to provide information or statutory declaration if required.

9.—(1) The Commission may request from a body that applies for a declaration under section 7 all such information or documents in the possession or procurement of the body that the Commission reasonably requires from it for the purposes of the determination of the application.

(2) Whenever the Commission makes a request under subsection (1), the authorised officer of the body shall furnish the Commission with the information or documents within the time (being not more than 7 days from the day on which the request is made) specified in the request and, if the officer does not comply with the request, the application of that body for a declaration under section 7 shall be deemed to be withdrawn.

(3) The Commission may require that information furnished to the Commission under this section shall be accompanied by a statutory declaration made by the authorised officer concerned that, to the best of the person's knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps to ensure the accuracy of the information.

(4) A person who knowingly furnishes false information pursuant to a request under this section shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

(6) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

 

10 Notification of referendum returning officer and local returning officer of details of approved body.

10.—(1) As soon as practicable after the Commission has made a declaration under section 7 or revoked a declaration under section 7 or 9, as the case may be, in respect of a body, the Commission shall notify the referendum returning officer of the name and address of the body and the name and address of the authorised officer of the body.

(2) The referendum returning officer shall, as soon as practicable after receipt of a notification under subsection (1), notify each local returning officer of the particulars so notified to him or her under subsection (1).

 

11 Appointment by approved body of agents at a referendum.

11.—(1) Subject to the provisions of section 26 of the Act of 1994 that are applied by subsection (3), an approved body may appoint a person or persons to act as agent for the body at the referendum concerned to be present—

(a) at the issue of ballot papers to postal voters,

(b) at the opening of postal ballot boxes, and

(c) at the counting of votes,

at the referendum.

(2) An approved body may appoint one personation agent to be present as the agent for the body in each polling station for the purposes of assisting in the detection of personation, and such appointment shall be in writing.

(3) The provisions of subsections (2), (4) to (9), (11) and (12) of section 26 of the Act of 1994 shall apply to persons appointed to act as agents under this section as they apply to agents appointed under the said section 26 with the modification that references to a member of the Dáil shall include references to an approved body and with any other necessary modifications.

 

12 Referendum petition.

12.—Section 43 of the Act of 1994 is hereby amended by the insertion of the following subsection after subsection (2):

"(3) A provisional referendum certificate shall not be questioned by reason of a non-compliance by the Referendum Commission with any provision contained in the Referendum Act, 1998, or mistake made by the Referendum Commission if it appears to the High Court that the Referendum Commission complied with the principles laid down in that Act and that such non-compliance or mistake did not materially affect the result of the referendum.".

 

13 Advances to Commission.

13.—The Minister by whom the Bill containing the proposal the subject of the referendum concerned was initiated shall, with the consent of the Minister for Finance, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the Commission in the performance of its functions.

 

14 Reports and information to Minister.

14.—(1) As soon as may be after the completion of the performance of its functions under this Act, but not later than 6 months thereafter, the Commission shall prepare and submit a report in writing to the Minister in relation to the performance by it of those functions and the Minister shall cause copies thereof to be laid before each House of the Oireachtas.

(2) The Commission shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify relating to its activities generally or in respect of any report specified in subsection (1).

(3) The Commission shall stand dissolved one month after the submission of the report under subsection (1) to the Minister.

 

15 Amendment of Act of 1994.

15.—The Act of 1994 is hereby amended by—

(a) in section 2(3), the substitution for paragraphs (f), (g), (h), (m) and (v) of the following paragraphs:

"(f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 26 and to section 11 of the Referendum Act, 1998, and 'of the candidates' was deleted,

(g) the references in section 68 of the said Act to each candidate were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and each approved body within the meaning of the Refererendum Act, 1998 and 'if the election is contested' was deleted,

(h) the references in section 73 of the said Act to each candidate were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and each approved body within the meaning of the Referendum Act, 1998,

(m) in section 95 of the said Act 'a member of the Dáil for the constituency and any member of the Seanad and a person authorised in writing by the authorised officer of an approved body within the meaning of the Referendum Act, 1998' was substituted for 'a person in respect of whom he is satisfied that that person has a bona fide interest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person',

(v) in section 113 of the said Act the references to 'each candidate' were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency and each approved body within the meaning of the Referendum Act, 1998 and 'of the candidates' in subsections (2) and (3) was deleted,",

(b) in section 27(1), the insertion after "at that referendum" of "or for an approved body within the meaning of the Referendum Act, 1998", and

(c) in section 28—

(i) in subsection (4), the insertion after "resident in the constituency" of "and to each approved body within the meaning of the Referendum Act, 1998", and

(ii) in subsection (5), the substitution for "any member of the Seanad" of "any such member of the Seanad and a reference to an agent appointed by an approved body within the meaning of the Referendum Act, 1998.".

 

16 Provisions in relation to offences.

16.—(1) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.

 

17 Short title, collective citation and construction.

17.—(1) This Act may be cited as the Referendum Act, 1998.

(2) The Referendum Acts, 1992 and 1994 and this Act may be cited together as the Referendum Acts, 1992 to 1998, and shall be construed together as one.


Number 12 of 1994.

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No. 12/1994: REFERENDUM ACT, 1994.

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AN ACT TO PROVIDE FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 47 OF THE CONSTITUTION OF BILLS CONTAINING PROPOSALS FOR THE AMENDMENT OF THE CONSTITUTION AND FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 27 OF THE CONSTITUTION OF OTHER BILLS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[22nd May, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

GENERAL

 

1 Short title, collective citation and commencement.

1.—(1) This Act may be cited as the Referendum Act, 1994.

(2) Parts II and XXIII (insofar as they relate to referenda) of the Act of 1992 and this Act may be cited together as the Referendum Acts, 1992 and 1994.

(3) This Act (other than this section) shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

 

2 Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

"the Act of 1992" means the Electoral Act, 1992;

"a ballot paper" has the meaning assigned to it by section 24;

"constituency" has the meaning assigned to it by section 18;

"constitutional referendum" means a referendum on a proposal for the amendment of the Constitution;

"Dáil" means Dáil Éireann;

"Dáil election" means an election of a member or members to serve in the Dáil;

"elector" means a presidential elector;

"excluded day" means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973, or a day which by virtue of a statute or proclamation is a public holiday;

"the local returning officer" has the meaning assigned to it by section 15;

"the Minister" means the Minister for the Environment;

"the official mark has the meaning assigned to it by section 25;

"ordinary referendum" means a referendum on a proposal other than a proposal for the amendment of the Constitution;

"a personation agent" has the meaning assigned to it by section 26;

"the polling day" has the meaning assigned to it in Part II;

"a postal voter" means a presidential elector whose name is entered in the postal voters list;

"the postal voters list" means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors;

"prescribed", except in section 23, means prescribed by the Minister by regulations;

"presidential elector" means a person entitled to vote at an election of a person to the office of President of Ireland;

"referendum" includes a constitutional referendum and an ordinary referendum;

"a referendum petition" has the meaning assigned to it by section 42;

"the referendum returning officer" has the meaning assigned to it by section 14;

"the register of electors" means the register of presidential electors;

"the register of presidential electors" has the meaning assigned to it by section 13 of the Act of 1992;

"Seanad" means Seanad Éireann;

"a special voter" means a presidential elector whose name is entered in the special voters list;

"the special voters list" means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors.

(2) In this Act—

( a ) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

( b ) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

( c ) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(3) For the purpose of the application by virtue of this Act to referenda of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if—

( a ) a reference in that Act to a Dáil elector or an elector was a reference to a presidential elector;

( b ) a reference in that Act to a Dáil election or an election was a reference to a referendum;

( c ) a reference in that Act to the register of Dáil electors or the register of electors was a reference to the register of presidential electors;

( d ) a reference in that Act to a returning officer was a reference to a local returning officer;

( e ) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to referenda by this Act;

( f ) the reference in section 67 of the said Act to section 60 thereof was a reference to section 26 and "of the candidates" was deleted;

( g ) the references in section 68 of the said Act to "each candidate" were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and "if the election is contested" was deleted;

( h ) the references in section 73 of the said Act to "each candidate" were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned;

(i) in section 74 of the said Act "an agent" was substituted for "the agent of a candidate";

( j ) in section 76 of the said Act the reference to section 129 thereof was a reference to section 38, the references in the said section 76 to the Clerk of the Dáil were references to the referendum returning officer and "of the candidates" was deleted;

( k ) in section 81 of the said Act "he receives from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum" was substituted for "the adjournment of the Dáil election for the purpose of taking a poll";

( l ) in section 85 of the said Act the reference to "the notice of poll under section 87 was a reference to the notice of the taking of the referendum under section 21;

( m ) in section 95 of the said Act "a member of the Dáil for the constituency and any member of the Seanad" was substituted for "a person in respect of whom he is satisfied that that person has a bona fide interest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person";

( n ) in section 98 of the said Act the following was substituted for paragraph (c) —

"(c) a member of the Dáil for the constituency and any member of the Seanad,";

and "by or on behalf of the candidates" in paragraph (d)was deleted;

( o ) in section 101 of the said Act the reference to sections 38 and 64 thereof was a reference to section 28 and the reference to section 79 thereof was a reference to section 29 and the reference to sections 99 and 100 was a reference to section 31;

( p ) in section 103 of the said Act subparagraph (iii) of subsection (4) was deleted and "Are you a personation agent at this referendum?" was substituted for subparagraph (iv) of the said subsection and in subsection (7) "proposal stated therein" was substituted for "particulars stated in respect of each candidate" and in subsection (9) "member of the Dáil or Seanad or a personation agent at the referendum" was substituted for "candidate or agent of a candidate at that election";

( q ) in section 106 of the said Act "any particular result at the referendum" was substituted for "the candidature of a particular person or persons or of members of a political party";

( r ) in section 108 of the said Act, the reference to sections 56, 62 and 63 thereof was deleted and the reference to section 96 thereof was a reference to section 13;

( s ) in section 110 of the said Act, the reference to sections 99 and 100 thereof was a reference to section 31;

( t ) in section 111 (1) of the said Act, "and section 31 of the Referendum Act, 1994" was inserted after "section";

( u ) in sections 112 and 114 of the said Act the reference to Part XIX thereof was a reference to Part III;

(v) in section 113 of the said Act the references to "each candidate" were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency and "of the candidates" in subsections (2) and (3) was deleted;

( w ) in section 114 of the said Act "of the candidates" was deleted and "any agent present" was substituted for "the agent of any candidate";

( x ) in section 115 of the said Act "may consider expedient" was substituted for "and the candidates otherwise agree";

( y ) in section 117 of the said Act "Any person, other than the returning officer, his assistants and clerks" was substituted for "Candidates or their agents";

( z ) in section 134 of the said Act the reference to section 68 thereof was a reference to section 28;

( aa ) in section 135 of the said Act paragraphs (c) and (d)of subsection (1) and "the election of any person or" in paragraphs (a) and (b) of the said subsection were deleted;

( bb ) in section 136 of the said Act paragraphs (b) and (c) and "for a particular person or" in paragraph (a)were deleted;

( cc ) in section 137 of the said Act "manner in which" was substituted for "candidate for whom" in each place where the expression occurs and for "name of the candidate for whom" in subsection (4) ( c );

( dd ) in section 138 of the said Act paragraph (h) and "nomination paper or any certificate of political affiliation or any" in paragraph (g)were deleted, and in the said paragraph (g)"section 31" was substituted for "section 99 or section 100:";

( ee ) in section 139 of the said Act the reference to a period of time was a reference to the period commencing on the date of the order appointing the polling day and ending on the publication in Iris Oifigiúil of the provisional referendum certificate;

( ff ) in section 140 of the said Act "a particular result" was substituted for "the candidature of any candidate";

( gg ) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the referendum returning officer and a local returning officer;

( hh ) in section 144 of the said Act "at the referendum or is actively associated in furthering any particular result at the referendum" was substituted for "for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election";

( ii ) in section 145 of the said Act "nomination of candidates or the" was deleted;

( jj ) in section 147 of the said Act "any particular result at the referendum" was substituted for "the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates" in subsection (2) and "for a candidate or candidates or vote" in paragraph (b) of that subsection was deleted;

( kk ) in section 148 of the said Act the reference to section 96 thereof was a reference to section 13;

( ll ) in section 153 of the said Act "Any person, other than the returning officer, his assistants and clerks," was substituted for "A candidate or the agent of a candidate";

( mm ) in section 154 of the said Act the reference to section 130 thereof was a reference to section 39;

( nn ) in section 155 of the said Act "or the cesser of membership of the Dáil" was deleted and a reference to section 49 was substituted for the reference to Rule 8 of the Third Schedule thereof;

( oo ) in section 156 of the said Act "the decision of the court" was construed as meaning the final order of the High Court on the trial of a referendum petition;

( pp ) in section 157 of the said Act the reference to section 133 thereof was deleted; and

( qq ) in section 160 of the said Act "or that a particular person was a candidate thereat" was deleted;

and with any other necessary modifications.

 

3 Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act, other than in section 23, 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 21 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.

 

4 Expenses.

4.—(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 An Post 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.

 

5 Repeals.

5.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

 

6 Application of certain provisions of Part XXII of Act of 1992.

6.—The provisions of sections 134 to 140, 144 to 150 and 152 to 160 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to referenda.

 

7 Secrecy.

7.—A person who at a referendum is—

( a ) present at the issue of ballot papers to postal voters,

( b ) present while a special voter is voting,

( c ) present at the opening of postal ballot boxes,

( d ) admitted to a polling station in any capacity, or

( e ) present in any capacity at the counting of the votes,

shall maintain, and aid in maintaining the secrecy of the ballot.

 

8 Prohibition of disclosure of vote.

8.—A person who has voted at a referendum shall not in any legal proceedings be required to state how he voted.

 

9 Publication of notices.

9.—Any public notice required by this Act to be given by the referendum returning officer or a local returning officer may be given by any method which the returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter the subject of the requirement.

PART II

TAKING A REFERENDUM

 

10 The polling day at a constitutional referendum.

10.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed or deemed to have been passed by both Houses of the Oireachtas the Minister shall by order appoint the day (in this Act referred to as "the polling day") upon which and the period during which the poll at the referendum on such proposal shall be taken.

(2) Subject to section 11, the polling day shall be not less than thirty days and not more than ninety days after the date of the order.

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

(4) On such a Bill being passed or deemed to have been passed by both Houses the Clerk of the Dáil shall forthwith inform the Minister accordingly.

 

11 Power to appoint the same polling day for a general election and a constitutional referendum.

11.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved before the Minister has made under section 10 an order appointing the polling day at the referendum on such proposal, the Minister may (notwithstanding anything contained in the said section 10) by order under that section appoint the polling day at the general election consequent on such dissolution of Dáil Éireann to be the polling day at the referendum.

(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved after the Minister has made an order (in this subsection referred to as the original order) under section 10 in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister may by order amend the original order by substituting the day which is the polling day at the general election consequent on the dissolution of Dáil Éireann for the day named in the original order as the polling day at the referendum.

 

12 The polling day at an ordinary referendum.

12.—(1) Whenever—

( a ) the Taoiseach is informed in accordance with Article 27 of the Constitution that the President has decided that a Bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and

( b ) the Government determine that a referendum for the purpose of ascertaining the will of the people on the proposal shall be taken,

the Minister shall by order appoint the day (in this Act referred to as "the polling day") upon which and the period during which the poll at the referendum shall be taken.

(2) The polling day appointed by an order under this section shall be not less than thirty days and not more than ninety days after the date of the order.

(3) Whenever the Government determine that an ordinary referendum shall be taken, the Government shall cause notice of the determination to be published in Iris Oifigiúil, and such publication shall be conclusive evidence of the determination.

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

 

13 Times of poll.

13.—The poll at a referendum shall—

( a ) be taken on such day as shall be appointed for this purpose by order of the Minister under this Act, and

( b ) shall continue for such period, not being less than 12 hours, between the hours of 8 a.m. and 10.30 p.m., as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies.

 

14 The referendum returning officer.

14.—(1) Not later than the day on which an order appointing the polling day at a referendum is made, the Minister shall appoint a person to be the returning officer (in this Act referred to as "the referendum returning officer") for the purposes of the referendum.

(2) Where the referendum returning officer is prevented by illness or other reasonable cause from performing all or any of his duties at the referendum, the Minister shall appoint a person to act as a referendum returning officer for the performance of those duties during the period of the prevention and references in this Act to the referendum returning officer shall be construed accordingly.

(3) It shall be the duty of the referendum returning officer to conduct the referendum for the purposes of which the officer is appointed, to ascertain and declare the result thereof in accordance with this Act, and to do such other acts and things in respect of the referendum as are required by this Act.

(4) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for that officer's services and expenses in respect of the referendum for the purposes of which the officer is appointed.

(5) For the purpose of payment for such services and expenses, an account of them shall be submitted by the referendum returning officer to the Minister for Finance and the Minister for Finance may issue directions as to the time when and the manner and form in which the account shall be so submitted.

(6) The Minister for Finance may make an advance to the referendum returning officer for the officer's services and expenses on such terms as that Minister thinks fit.

(7) The appointment of a referendum returning officer for the purposes of a referendum shall be deemed to extend to and include appointment for the purposes of any retaking of the referendum pursuant to section 48.

 

15 Local returning officers.

15.—(1) The person who would be the returning officer at a Dáil election in a constituency shall be the returning officer (in this Act referred to as "the local returning officer") in that constituency for the purposes of a referendum.

(2) Where the person referred to in subsection (1) is prevented by illness or other reasonable cause from performing all or any of the duties of a local returning officer or where a vacancy occurs in an office by virtue of which a person would be the returning officer at a Dáil election, the Minister shall appoint a person to act as local returning officer for the constituency concerned during the period of the prevention or vacancy, as the case may be.

(3) It shall be the duty of the local returning officer for a constituency to take the poll at the referendum in the constituency and to count the votes cast thereat and to do such acts and things as may be necessary for effectually taking the poll and counting the votes in the constituency in accordance with this Act.

(4) Where at a referendum the same person is local returning officer for two or more constituencies, the person shall—

( a ) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes;

( b ) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.

(5) The duties of a deputy local returning officer appointed under subsection (4) shall include the determination of the result of the poll in the constituency concerned and the furnishing to the referendum returning officer of the report referred to in section 37.

(6) An appointment under subsection (4) may be revoked by the local returning officer and, where an appointment is so revoked or the deputy local returning officer dies, resigns or becomes incapable of acting during the referendum, another deputy local returning officer shall be appointed in accordance with the said subsection (4).

(7) Where pursuant to section 30 (2) of the Act of 1992 a person has been appointed as assistant returning officer for a part of a constituency, that person shall be the assistant local returning officer for the purposes of a referendum in that part of the constituency.

(8) An assistant local returning officer shall perform, in the part of the constituency for which the appointment is made, such of the duties of the local returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to the duties of an assistant local returning officer, the doubt shall be determined by the Minister.

(9) References in this Act to local returning officers shall, where appropriate, include references to assistant, deputy and acting local returning officers.

 

16 Expenses of local returning officers.

16.—(1) The Minister for Finance shall prepare a scale of maximum charges for local returning officers and every local returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof the officer's reasonable charges, in respect of services and expenses in relation to a referendum, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.

(2) For the purpose of the payment of such charges, an account of them shall be submitted by a local returning officer to the Minister for Finance and the Minister for Finance may issue to local returning officers directions as to the time when and the manner and form in which the account shall be so submitted.

(3) On the request of a local returning officer for an advance on account of the officer's charges, the Minister for Finance may, on such terms as the said Minister thinks fit, make such an advance.

(4) The Minister for Finance may, before payment of a local returning officer's charges under this section, apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the local returning officer and the judge shall tax the account and determine the amount payable thereunder.

(5) The taxation under this section of the account of a local returning officer shall, if the judge so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.

 

17 Statement by registration authorities of number of presidential electors.

17.—(1) Not later than five days before the polling day at an ordinary referendum, every registration authority shall furnish to the referendum returning officer a statement in writing of the number of presidential electors registered in the register of presidential electors in force on the polling day in each constituency or portion of a constituency contained in their registration area.

(2) In this section "registration authority" and "registration area" have the same meanings, respectively, as in Part II of the Act of 1992 and the "register of presidential electors" shall include any supplement to the register published under section 15 of that Act and having effect in relation to such referendum.

 

18 Constituencies.

18.—(1) For the purpose of taking the poll at a referendum, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of Dáil elections and the poll shall be taken separately in each such constituency.

(2) The Minister may, if satisfied that it is appropriate so to do, by order, made not later than the date on which the order appointing the polling day at a referendum is made, provide that for the purpose of the referendum concerned each county and each county borough shall be deemed to be a constituency for the purpose of Dáil elections and, as respects a referendum for the purpose of which the order is in force—

( a ) the poll shall be taken separately in each county and each county borough;

( b ) each voter at the poll shall vote in the constituency in which the voter would be entitled to vote at a Dáil election if each county and each county borough in the State were a constituency for such election;

( c ) the local returning officer shall be—

(i) in the case of the county of Cork, the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown, the county borough of Cork and the county borough of Dublin, the appropriate sheriff, and

(ii) in any other case, the county registrar for the county or county borough concerned;

and

( d ) in this Act (other than this subsection)—

(i) references to a constituency shall be construed in accordance with the order, and

(ii) references to a member of the Dáil for the constituency shall be construed as references to a member of the Dáil for any constituency situate wholly or partly within the county or county borough and references to a member of the Seanad resident in the constituency shall be construed as references to a member of the Seanad resident in the county or county borough.

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

 

19 Polling districts an polling places.

19.—For the purpose of the poll at a referendum each constituency shall be deemed to be divided into the same polling districts as those into which it is for the time being divided for the purpose of Dáil elections and the places which are for the time being appointed as polling places in each such polling district for the purpose of Dáil elections shall be the polling places for the purpose of taking the poll at a referendum and references in this Act to polling districts and polling places shall be construed accordingly.

 

20 Notice to local returning officers.

20.—As soon as practicable after the making by the Minister of an order appointing the polling day at a referendum the referendum returning officer shall send to every local returning officer a copy of the order and a copy of the Bill containing the proposal which is the subject of the referendum.

 

21 Notice of the taking of the referendum.

21.—Every local returning officer shall, as soon as practicable after receiving from the referendum returning officer a copy of the order appointing the polling day at a referendum, give public notice in the form directed by the Minister of—

( a ) the taking of the referendum to which the order relates,

( b ) the short title of the Bill containing the proposal which is the subject of the referendum,

( c ) the post offices at which copies of the Bill may be inspected and purchased, and

( d ) the day on which and the hours during which the poll will be taken.

 

22 Copies of Bill to be made available at post offices.

22.—(1) An Post shall cause copies of the Bill containing the proposal which is the subject of the referendum to be made available for inspection and purchase by members of the public at such post offices as shall be agreed upon between the Minister and An Post at all times at which such post offices are open during the period commencing on the fifth day after the date of the order appointing the polling day and ending on the polling day.

(2) Any member of the public shall be entitled to inspect free of charge a copy of the said Bill, and to purchase a copy thereof at a price (if any) fixed by An Post, with the consent of the Minister, at any post office at which it is made available for such inspection in pursuance of this section during any time at which it is so made available.

 

23 Statement for the information of voters.

23.—(1) At a referendum a statement in relation to the proposal which is the subject of the referendum may be prescribed for the information of voters by resolution of each House of the Oireachtas and, where a statement is so prescribed—

( a ) a polling information card sent under section 92 of the Act of 1992 (as applied by section 32) shall contain a copy of the statement;

( b ) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as the ballot paper for the poll at the referendum is sent to the elector;

( c ) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list for such constituency and shall be so sent in sufficient time to be delivered to the elector before the delivery of the ballot paper to the elector;

( d ) copies of the statement shall be displayed by a presiding officer in and in the precincts of the polling station: Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station.

(2) Where a statement is prescribed under subsection (1) in relation to a referendum, in applying section 103 of the Act of 1992 (as applied by section 32) the following subsection shall be substituted for subsection (7):

"(7) ( a ) Where a ballot paper is to be marked pursuant to subsection (5), the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter "Do you approve of or do you object to that proposal becoming law?" and shall then, unless it is a case to which paragraph (b) of this subsection applies, mark the ballot paper in accordance with the answer of the voter, but the presiding officer shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer—

  (i) shall read out to the voter the statement prescribed pursuant to section 23 (1) of the Referendum Act, 1994,

  (ii) shall then ask the voter "Which do you wish to do — to vote in favour of the proposal in that Bill or to vote against the proposal?", and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instructions.".

 

24 Ballot papers.

24.—(1) At a constitutional referendum—

( a ) every ballot paper shall be in the form set out in Part I of the Second Schedule to this Act, and

( b ) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.

(2) At an ordinary referendum every ballot paper shall be in the form set out in Part II of the Second Schedule to this Act, and it shall contain a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum.

(3) Where the same day is the polling day at two or more referenda separate ballot papers shall be issued for each referendum.

( 4 ) ( a ) At a referendum the Minister may, by order, provide for the entry at the beginning of the front of the ballot paper to be used at the referendum of a heading indicative of the proposal which is the subject of the referendum and the referendum returning officer shall cause such heading to be printed on the ballot papers.

( b ) Where an order under this subsection is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

( 5 ) ( a ) 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.

( b ) 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.

( c ) Apart from anything permitted by the form set out in the said Second Schedule nothing shall appear on the ballot paper except in accordance with the provisions of this section.

(6) It shall be the duty of the referendum returning officer to arrange for the printing and procuring of a sufficient quantity of ballot papers and to supply as soon as practicable to every local returning officer such numbers of ballot papers as that officer reasonably requires.

 

25 The official mark.

25.—(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act 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 the local returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The local returning officer shall ensure that the official mark is kept secret before the taking of the poll and that any particular mark is not used at two consecutive referenda (other than referenda the polls at which are taken on the same day) in the constituency.

 

26 Provisions as to agents.

26.—(1) A member of the Dáil for the constituency and any member of the Seanad may appoint agents to be present—

( a ) at the issue of ballot papers to postal voters,

( b ) at the opening of the postal ballot boxes, and

( c ) at the counting of the votes.

(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of a member of the Dáil or the Seanad shall be fixed by the local returning officer, so, however, that the same number shall be allowed on behalf of every member.

(3) A member of the Dáil for the constituency and any member of the Seanad may appoint one person (in this Act referred to as "a personation agent") to be present as his agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

(4) An appointment under this section may be revoked by the person by whom it was made.

(5) A member of the Dáil for the constituency and a member of the Seanad 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 for the constituency of the name and address of every agent appointed by that member 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.

(6) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by that member together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32) and the documents and materials specified in that section have been placed in sealed packets.

(7) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member 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.

(8) A member of the Dáil for the constituency and a member of the Seanad shall not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the counting of the votes and the local 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.

(9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a referendum, another person may be appointed under this section in place of such agent and, where 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 the local returning officer for the constituency concerned.

(10) A member of the Dáil for the constituency and a member of the Seanad may lawfully do or assist in the doing of any thing which may lawfully be done on the member's behalf by an agent appointed under this section and may be present (in addition to, or in substitution for any such agent) at any place at which any such agent may, pursuant to this Act, be present.

(11) Any thing required by this Act to be done in the presence of an agent shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing.

(12) Where the polling day at a constitutional referendum is also the polling day at a general election—

( a ) the powers conferred by this section on a member of the Dáil shall be exercisable by any person who was a member of the Dáil for the constituency concerned immediately before the dissolution which occasioned such general election, and

( b ) (i) every person appointed under section 60 of the Act of 1992 to be a personation agent for the purposes of such general election at a polling station shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum and the provisions of this Act shall apply to the person accordingly,

(ii) every person appointed under this section to be a personation agent for the purposes of the referendum at a polling station shall be deemed to have been appointed under section 60 of the Act of 1992 to be a personation agent at such polling station for the purposes of such general election and the provisions of the Act of 1992 shall apply to the person accordingly.

 

27 Officers not to act as agents.

27.—(1) The referendum returning officer, a local returning officer or a person employed by either of them for any purpose relating to a referendum shall not act as an agent for a member of the Dáil or a member of the Seanad at that referendum and shall not be associated in furthering any particular result at the referendum.

(2) The referendum returning officer or a local returning officer shall not employ in any capacity for the purposes of a referendum a person who has been employed by any other person in or about the referendum or has been associated in furthering any particular result at the referendum.

 

28 Voting by postal voters.

28.—(1) Every presidential elector whose name is, at the time of a referendum, in the postal voters list for a constituency (in this Act referred to as "a postal voter") shall be entitled to vote in that constituency at the poll at the referendum by sending a ballot paper by post to the local returning officer for the constituency and shall not be entitled to vote at the referendum in any other manner.

(2) The local returning officer for a constituency shall, as soon as practicable after receiving from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum, send to each postal voter for the constituency a ballot paper and a form of receipt for such ballot paper in the form directed by the Minister and, if the ballot paper duly marked by the said postal voter and accompanied by the said receipt duly signed by the voter is received by the local returning officer before the close of the poll, it shall be counted by the local returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

(3) The provisions of sections 65 to 76 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to postal voting at a referendum and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters the local returning officer shall comply with the provisions of those sections.

(4) The notices required to be given pursuant to sections 68 and 73 of the Act of 1992 (as applied by subsection (3)) shall be given to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency.

(5) A reference to an agent in any of the sections of the Act of 1992 referred to in subsection (3) shall be deemed to include a reference to each member of the Dáil for the constituency and any member of the Seanad and any person appointed by such member to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

 

29 Voting by special voters.

29.—(1) Every presidential elector whose name is, at the time of a referendum, in the special voters list for a constituency (in this Act referred to as "a special voter") shall be entitled to vote in that constituency at the poll at the referendum in the manner described in section 82 of the Act of 1992 and shall not be entitled to vote in any other manner.

(2) The provisions of sections 78 and 80 to 84 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to voting by special voters at a referendum and, in delivering, receiving and otherwise dealing with the ballot papers of special voters, the local returning officer shall comply with the provisions of those sections.

 

30 Polling on islands.

30.—The provisions of sections 85 and 86 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum at a polling station situate on an island.

 

31 Authorisation to vote at another polling station.

31.—(1) Where an elector is employed by a local returning officer for any purpose in connection with a referendum and the circumstances of the elector's employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which the elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such polling station in the constituency in which the elector is so employed as may be specified in the authorisation.

(2) Where not less than 7 days before polling day at a referendum, an elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of that elector's physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.

 

32 Taking the poll at a referendum.

32.—(1) The provisions of sections 90 to 95, 97, 98 and 101 to 111 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum.

(2) Where in accordance with the provisions of section 107, 108 or 109 of the Act of 1992 (as applied by subsection (1), the poll at any polling station is adjourned or cannot be taken or continued or becomes void, the local returning officer concerned shall, in addition to doing the things required to be done by the said provisions, forthwith inform the referendum returning officer of the occurrence.

 

PART III

THE COUNTING OF THE VOTES

 

33 Arrangements in relation to the counting of votes.

33.—The provisions of sections 112 to 115 and 117 of the Act of 1992 shall, subject to the modifications specified in section 2 (3) apply and have effect in relation to the arrangements for the counting of votes by the local returning officer in each constituency at a referendum.

 

34 Invalid ballot papers.

34.—(1) A ballot paper—

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

( b ) on which the mark "x" or any other mark which, in the opinion of the local returning officer, clearly indicates a vote, is not placed at all or is not so placed as to indicate a vote in favour of or a vote against the proposal which is the subject of the referendum, or

( c ) on which the mark "x" or any other mark which, in the opinion of the local returning officer, clearly indicates a vote, is so placed as to indicate both a vote in favour of and a vote against the proposal, or

( d ) on which anything is written or marked which, in the opinion of the local returning officer, is calculated to identify the elector,

shall be invalid and not counted, but a ballot paper shall not be invalid by reason only of its bearing the figure "1" or the word "one" or any other mark which, in the opinion of the local returning officer, clearly indicates a vote in favour of or against the proposal.

(2) The local returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid.

(3) The local returning officer shall endorse the word "rejected" on any ballot paper which under this section is not counted. The local returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected under each of the paragraphs ( a ) to (d) of subsection (1) and shall, on request, allow any agent present to copy such statement.

(4) The local returning officer may endorse on any ballot paper not rejected as invalid an indication of the officer's decision on it in relation to its validity without, however, interfering with any mark placed by the elector on the ballot paper.

(5) The decision of the local returning officer, whether expressed or implied by his acts, on any question which arises in relation to any ballot paper shall be final, subject only to reversal on a referendum petition.

 

35 Counting of the votes.

35.—(1) After the ballot papers have been mixed in accordance with section 114 of the Act of 1992 (as applied by section 33), the local returning officer shall, rejecting any that are invalid, arrange them in parcels according to the votes recorded on them and shall count and record the number of votes given in favour of the proposal which is the subject of the referendum and the number of votes given against that proposal and shall ascertain the total number of valid papers for the constituency concerned.

(2) Having counted the votes in accordance with subsection (1), the local returning officer shall forthwith notify the referendum returning officer, in such manner as the latter may direct, of the number of votes given in favour of the proposal and the number of votes given against the proposal and the total number of valid ballot papers.

 

36 Recount.

36.—(1) The local returning officer may and, if required by an agent appointed under paragraph ( c ) of section 26 (1), shall recount the votes recorded on all the ballot papers or on the ballot papers contained in any particular parcel.

(2) Subject to subsection (3), nothing in this section shall make it obligatory on the local returning officer to recount more than once the votes recorded on the ballot papers contained in any particular parcel or to comply with a request under this section by an agent which, in the opinion of the local returning officer, is frivolous or vexatious.

(3) Before signing the provisional referendum certificate under section 40, the referendum returning officer may, in an appropriate case, direct any or every local returning officer to re-examine all the ballot papers for the constituency concerned and recount the votes recorded on such ballot papers and forthwith notify the referendum returning officer of the result of the re-examination and recount and the local returning officer shall comply with the terms of the direction.

 

37 Report to the referendum returning officer.

37.—(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall furnish to the referendum returning officer a report in writing in the form directed by the Minister stating—

( a ) the number of valid votes recorded in favour of the proposal which is the subject of the referendum,

( b ) the number of valid votes recorded against that proposal, and

( c ) the total number of valid votes recorded at the referendum in the constituency,

together with the statement referred to in section 34 (3).

(2) Where the same day is the polling day at two or more referenda, the local returning officer shall furnish a separate report in respect of each such referendum.

 

38 Retention and disposal of documents.

38.—(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall place in separate sealed packets—

( a ) the counted ballot papers,

( b ) the ballot papers not counted because of invalidity under section 34,

( c ) the unused and spoilt ballot papers, and

( d ) the counterfoils of ballot papers issued at polling stations,

and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate.

(2) The local returning officer shall also place in separate sealed packets—

( a ) the marked copies of the register of electors used at polling stations,

( b ) the ballot paper accounts and the statement referred to in section 114 of the Act of 1992 (as applied by section 33), and

( c ) any authorisations issued by the local returning officer to electors pursuant to section 31,

and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate.

(3) The local returning officer shall as soon as practicable, forward to the referendum returning officer the packets referred to in this section together with the packets and statement referred to in sections 76 and 83 (2) (other than paragraph (e)of that subsection) of the Act of 1992 (as applied by sections 28 and 29).

(4) The documents sent to the referendum returning officer in pursuance of this section shall be retained by that officer for 6 months from the date on which the provisional referendum certificate in respect of such referendum has become final. At the expiration of the said period, the referendum returning officer shall, unless otherwise directed by an order of the High Court or the referendum returning officer has reason to believe that the documents may be required for a purpose referred to in section 39 (3), cause the documents to be destroyed.

 

39 Inspection of ballot papers etc.

39.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.

(2) The documents referred to in subsection (1) are—

( a ) the counterfoils of the ballot papers sent to postal voters in pursuance of section 28,

( b ) the counterfoils of the ballot papers delivered to special voters in pursuance of section 82 of the Act of 1992 (as applied by section 29),

( c ) the documents referred to in subsections (2) and (3) of section 76 of the Act of 1992 (as applied by section 28), and

( d ) the documents referred to in section 38 (1).

(3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of the documents concerned is required for the purpose of instituting or maintaining a prosecution for an offence under a provision of the Act of 1992 specified in section 6 and as applied by that section or for the purpose of a referendum petition.

(4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time and 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 is made under subsection (1) in relation to a document referred to in that subsection—

( a ) the production in a court by the referendum returning officer of that document shall, until the contrary is proved, be sufficient proof that the document relates to the referendum specified in the order, and

( b ) any endorsement appearing on any packet produced in a court by the referendum returning officer shall, until the contrary is shown, be sufficient evidence that the contents of the packet are what they are stated to be in the endorsement.

 

40 The provisional referendum certificate.

40.—(1) As soon as the referendum returning officer has received from every local returning officer the report referred to in section 37 of the numbers of the votes recorded in the constituency, the referendum returning officer shall prepare from such reports and shall sign the provisional referendum certificate in the prescribed form stating—

( a ) in the case of a constitutional referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against the proposal, and whether a majority of the votes recorded at the referendum was or was not recorded in favour of the proposal;

( b ) in the case of an ordinary referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against the proposal, and the total number of presidential electors on the register of electors for the time being in force, and if the number of votes recorded against the proposal exceeds the number of votes recorded in favour of the proposal, whether the number of votes recorded against the proposal is or is not less than thirty-three and one third per cent of the said total number of presidential electors, and in any case whether such proposal was or was not vetoed at such referendum;

( c ) in every case, the number of votes reported by the local returning officers to have been recorded in each constituency in favour of the proposal which is the subject of the referendum and the number of votes similarly reported to have been recorded in each constituency against the proposal.

(2) As soon as may be after signing the provisional referendum certificate, the referendum returning officer shall publish in Iris Oifigiúil a copy of that certificate together with a statement that such certificate will become final and incapable of being questioned when the officer is informed by the Master of the High Court either that no referendum petition has been duly presented in respect thereof or that every referendum petition so presented has become null and void.

(3) When a provisional referendum certificate has become final otherwise than by being confirmed by the High Court, the referendum returning officer shall endorse on such certificate a statement that it has so become final and shall send a copy thereof to the President and the Taoiseach.

(4) When a provisional referendum certificate has been confirmed or is deemed to have been confirmed by the High Court and is returned to the referendum returning officer with a statement of the fact of such confirmation endorsed thereon in accordance with this Act, the referendum returning officer shall send a copy of such certificate to the President and the Taoiseach.

 

41 Notification by Master of the High Court.

41.—Subject to the provisions of section 58, where—

( a ) application for leave to present a referendum petition in relation to a provisional referendum certificate has not been made to the High Court within the time limited by section 42 (2), or

( b ) the High Court has refused all such applications made to it within the said time, or

( c ) no referendum petition has been presented in relation to the provisional referendum certificate within the time limited by section 44, or

( d ) every referendum petition so presented has, under section 44 (4) or 50 (3), become null and void,

the Master of the High Court shall forthwith notify the referendum returning officer in writing accordingly.

 

PART IV

REFERENDUM PETITIONS

 

42 Referendum petitions.

42.—(1) The validity of a provisional referendum certificate may, and may only, be questioned by a petition to the High Court (in this Act referred to as "a referendum petition") in accordance with this Act.

(2) A referendum petition in relation to a provisional referendum certificate shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than seven days after the publication in Iris Oifigiúil of the certificate, by order grants leave to the person to do so.

(3) The High Court shall not grant leave under subsection (2) to present a referendum petition unless it is satisfied—

( a ) that there is prima facie evidence of a matter referred to in section 43 in relation to which the referendum petition questions the provisional referendum certificate concerned, and

( b ) that the said matter is such as to affect materially the result of the referendum as a whole.

(4) An application for leave to present a referendum petition may be made by the Director of Public Prosecutions or by any person who is registered or entitled to be registered as a presidential elector.

 

43 Grounds for referendum petition.

43.—(1) A referendum petition may question a provisional referendum certificate on the grounds that the result of the referendum as a whole was affected materially by—

( a ) the commission of an offence referred to in Part XXII of the Act of 1992 (as applied by section 6),

( b ) obstruction of or interference with or other hindrance to the conduct of the referendum,

( c ) failure to complete or otherwise conduct the referendum in accordance with this Act, or

( d ) mistake or other irregularity in the conduct of the referendum or in the particulars stated in the provisional referendum certificate.

(2) Notwithstanding any other provision of this Act, a referendum petition shall not be dismissed on account of any informality in its contents which does not materially affect its substance.

 

44 Presentation of referendum petition.

44.—(1) A referendum petition shall be presented by being lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under section 42.

( 2 ) ( a ) Subject to paragraph ( b ), a referendum petition (other than a petition by the Director of Public Prosecutions) shall not be accepted in the Central Office unless the petitioner lodges in the Central Office with the referendum petition security in the sum of £5,000 for any costs of the proceedings in relation to the referendum petition which may become payable by the petitioner.

( b ) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph ( a ) or that the requirement would cause serious hardship, the court may require the petitioner to lodge such lesser amount as the court considers appropriate.

( c ) The security required to be given by this subsection shall be given either by recognisance 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.

(3) The petitioner shall, not later than five days after the lodgement of the referendum petition, give a copy of the petition—

( a ) to the Minister,

( b ) to the referendum returning officer,

( c ) to any local returning officer concerned, and

( d ) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.

(4) Where the petitioner fails to comply with the provisions of this section and section 45 the referendum petition shall become and be null and void.

 

45 Particulars in referendum petition.

45.—A referendum petition shall be signed and dated by the petitioner and shall specify—

( a ) the provisional referendum certificate to which it relates,

( b ) the grounds on which it is based,

( c ) the remedy it seeks, and

( d ) the name and address of the petitioner and the petitioner's solicitor or agent, if any.

 

46 Trial of referendum petition.

46.—(1) A referendum petition shall be tried by the High Court and references in this Part to the court shall be construed as references to the High Court.

(2) The following provisions shall have effect in relation to the trial of a referendum petition:

( a ) in fixing the date for and conducting the trial, the court shall give the matter such priority as is reasonably possible;

( b ) the trial shall be continued until its result is determined notwithstanding the death of any petitioner;

( 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 referendum returning officer shall attend the trial and produce and deliver to the court the provisional referendum certificate and give such assistance as may be required of him by the court, but without prejudice to being called as a witness by any party;

( e ) the local returning officer for a constituency to which the petition relates shall, at the request of the court, attend the trial and give such assistance as is requested by the court, but without prejudice to his being called as a witness by any party.

 

47 Counting of votes afresh.

47.—(1) The court may, for the purposes of the trial of a referendum petition, if it thinks fit, order—

( a ) that all the votes cast at the referendum in a constituency 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 this section shall have effect.

(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and, subject to subsections (3) and (4) and to such modifications (if any) as the court considers necessary, the provisions of this Act relating to the counting of votes at a referendum shall apply to such counting.

(3) Where votes are counted afresh pursuant to an order under this section, the court shall cause the following to be disregarded:

( a ) votes recorded on ballot papers which are invalid by virtue of section 34, and

( b ) votes recorded on forged or counterfeited ballot papers.

(4) The court shall have power to reverse any decision of the local returning officer at the original count.

(5) The costs of giving effect to an order under this section shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 16 shall, with respect to the services and expenses properly rendered or incurred by the local returning officer concerned 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 local returning officer for, or in connection with, the referendum.

 

48 Retaking referendum in a constituency.

48.—(1) At the trial of a referendum petition the court may order that the referendum to which the referendum petition relates shall be taken again in a constituency, and where the court so orders the following provisions shall have effect:

( a ) the court shall, in its order under this section, appoint the day which shall be the polling day for the purpose of the retaking of the referendum in the constituency;

( b ) the referendum shall be retaken in the constituency and the provisions of this Act in relation to the taking of a referendum shall apply to the retaking, with the substitution of the polling day appointed by the order of the court for the polling day appointed by the Minister;

( c ) the referendum returning officer, having received the report of the local returning officer of the result of the counting of the votes at the retaking, shall forthwith report the result to the court.

(2) The court shall not order a referendum to be taken again in any constituency merely on account of a non-compliance with any of the provisions contained in this Act or an error in the use of forms provided for in this Act where it appears to the court that the referendum was conducted in the constituency in accordance with the general principles laid down in this Act and that the non-compliance or error did not affect the result of the referendum as a whole.

 

49 Withdrawal of petition.

49.—(1) A referendum 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 subsections (3) and (4) was reasonable and, in addition to the foregoing, where a referendum 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 referendum petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a referendum 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 for any substantial reason not stated in the affidavit.

(3) Notice of intention to apply for leave to withdraw a referendum petition shall be given by the petitioner by the publication in at least two daily newspapers circulating throughout the State 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 presidential elector may apply to the court to be substituted for the petitioner.

(4) Except in the case of a referendum petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in subsection (2) 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 the Director thinks fit, oppose the application.

(5) Where the referendum petition has been presented by more than one petitioner, the affidavit mentioned in subsection (2) shall, unless the court otherwise directs, be made by all the petitioners.

(6) The withdrawal of a petition pursuant to this section shall not affect the liability of any person (or of that person's estate) for the payment of costs previously incurred.

 

50 Substitution of new petitioner.

50.—(1) On the hearing of an application for leave to withdraw a referendum petition, any person who, under section 42, would be eligible to apply for leave to present a referendum petition, may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute the person accordingly.

(2) In case the court substitutes a petitioner under subsection (1) and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of or entering into which is declared by section 155 of the Act of 1992 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 sureties, if any), shall be liable to pay the costs of the substituted petitioner.

(3) In case the court does not make a direction under subsection (2), security equal in amount to that which would be required in the case of a new referendum petition, and subject to the like conditions, shall be given by or on behalf of the substituted petitioner within the period of five days after the date of the order of substitution, and in case such security is not given no further proceedings shall be had on the referendum petition and the petition shall, at the expiration of the said period, become and be null and void.

(4) Subject to the foregoing provisions of this section, 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.

 

51 Death of or delay by a petitioner.

51.—(1) The following provisions shall apply and have effect in relation to a referendum Petition presented by a person other than the Director of Public Prosecutions:

( a ) where the sole or the last surviving petitioner dies at any time before the final order of the court on the trial of the petition, the court shall transfer the carriage of the petition to the Director of Public Prosecutions, and thereupon all subsequent proceedings on the petition shall be conducted as if the petition were a petition presented by the Director of Public Prosecutions;

( b ) if the petitioner fails to proceed with reasonable speed with the proceedings on the petition, the court may, on the application of the Director of Public Prosecutions, either forthwith make a final order confirming without alteration the provisional referendum certificate which was the subject of the petition or transfer the carriage of the petition to the Director.

(2) Nothing in this section shall operate to prevent the court ordering the costs or any part of the costs of the proceedings in relation to the referendum petition to be paid out of or by means of the security for costs given by a deceased petitioner or by a petitioner who has failed to proceed with reasonable speed.

 

52 Witnesses.

52.—(1) The court shall be entitled of its own volition, at any time during the trial of a referendum 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 as witness's expenses) shall be regarded as part of the costs of the referendum petition.

(2) Subject to subsection (3), a person who is called as a witness at the trial of a referendum petition shall not be excused from answering any question relating to any offence at or connected with the relevant referendum on the ground that the answer thereto may incriminate or tend to incriminate that person or on grounds of privilege: provided that—

( a ) where the court is satisfied that a witness has answered truly all the questions which the witness is required by the court to answer, the court shall issue a certificate stating that the witness has so answered, and

( b ) an answer by a person who has received such a certificate to a question put at the trial of a referendum 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 that person.

(3) Nothing in this section shall be construed as affecting the right of any party to a referendum petition to call any person as a witness.

 

53 Costs of referendum petition.

53.—(1) All costs, other than the costs of counting votes afresh under section 47 or retaking the referendum in a constituency under section 48, of and incidental to a referendum petition shall be in the discretion of the court which shall have power to order the costs or any part of the 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 provision 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 subsection (1), where, on the trial of a referendum petition, it appears to the court that any person committed an electoral offence in relation to the relevant referendum, the court may, after giving the person 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 section 47 or retaking the referendum in a constituency under section 48 to be paid by that person.

 

54 Further provisions regarding costs.

54.—(1) Subject to subsection (4), the costs and other expenses incurred by or on behalf of the referendum returning officer or any local returning officer at the trial of a referendum petition shall be paid out of the Central Fund.

(2) Costs awarded to the referendum returning officer or any local returning officer at the trial of a referendum petition shall be a simple contract debt due to the Minister for Finance and may be recovered by that Minister in any court of competent jurisdiction.

(3) Subject to subsections (4) and (5), costs awarded against the referendum returning officer or any local returning officer at the trial of a referendum petition shall be paid out of the Central Fund.

(4) Where the court is satisfied that the referendum returning officer or any local returning officer has been grossly negligent in the discharge of the duties of the office, the court may order that the officer shall be personally liable for any costs and expenses which the court finds to have been incurred by reason of such negligence.

(5) Where an order is made under subsection (4) any costs and expenses awarded against an officer which are paid out of the Central Fund shall be a simple contract debt due to the Minister for Finance by the officer, and may be recovered by that Minister in any court of competent jurisdiction.

 

55 Statement of case to Supreme Court.

55.—(1) At any stage of the trial of a referendum 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 Act, where a case is stated under this section the court shall not determine the referendum petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.

(3) Costs incurred in relation to a case stated under this section shall for all purposes be part of the costs incurred in relation to the referendum petition.

 

56 Service of documents.

56.—Where a copy of an order, referendum petition or other document is required by this Act to be given to a person, it shall be addressed and given to that person in some one of the following ways:

( a ) by delivering it to the person;

( b ) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

( c ) by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address.

 

57 The final order on referendum petition.

57.—(1) At the trial of a referendum petition the court shall determine the matter at issue and the final order of the court on the trial of the referendum petition shall either—

( a ) confirm without alteration the provisional referendum certificate which was the subject of the petition, or

( b ) direct that the said certificate shall be amended in accordance with the findings of the court (including the result of any counting afresh of votes or any retaking of the referendum) and confirm the certificate as so amended.

(2) Where two or more referendum petitions are presented in accordance with this Act in respect of the same provisional referendum certificate the court shall make one consolidated final order determining all such petitions and subsection (1) shall apply in relation to such consolidated order.

(3) Where the court confirms a provisional referendum certificate without alteration, the court shall cause a statement of the fact of such confirmation to be endorsed on such certificate and shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer.

(4) Where the court directs a provisional referendum certificate to be amended and confirms the certificate as so amended, the court shall cause the certificate to be amended in accordance with such direction, and shall cause a statement of the fact that such amendment was made by order of the court and of the fact that the certificate as so amended was confirmed by the court to be endorsed on the certificate and shall cause the certificate so amended and endorsed to be returned forthwith to the referendum returning officer.

(5) A provisional referendum certificate duly endorsed in accordance with this section shall, when it is received by the referendum returning officer from the High Court, forthwith become and be, in the form in which it was confirmed by the court, final and incapable of being further questioned in any court and shall, in that form, be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.

 

58 Provisions in respect of referenda having the same polling day.

58.—Where the same day is the polling day in respect of two or more referenda and a referendum petition or two or more referendum petitions questioning the provisional referendum certificate relating to one only of the referenda is or are presented in accordance with this Act, or referendum petitions questioning some but not all of the provisional referendum certificates relating to the referenda are presented in accordance with this Act, the following provisions shall have effect notwithstanding anything inconsistent therewith contained in this Act:

( a ) a provisional referendum certificate relating to any of the referenda shall, pending the operation of paragraph (e), not become final;

( b ) it shall be lawful for the Director of Public Prosecutions with the leave of the court, to present at any time a referendum petition questioning any provisional referendum certificate which relates to any of the referenda and has not been confirmed by the court and is not the subject of a referendum petition presented in accordance with this Act;

( c ) all the referendum petitions questioning any of the provisional referendum certificates relating to any of the referenda shall, so far as practicable, be heard and determined by the same judge, and all or any two or more of the referendum petitions may, at the discretion of the court, either be tried together or consolidated;

( d ) the final orders of the court on all the trials of the referendum petitions shall be made on the same day;

( e ) when the final orders have been made, every provisional referendum certificate relating to any of the referenda in respect of which no referendum petition was presented in accordance with this Act shall be deemed to have been confirmed by the court, and the court shall cause to be endorsed on every such certificate a statement that it is deemed to have been confirmed by the court, and the court shall cause the certificate so endorsed to be returned forthwith to the referendum returning officer;

( f ) the referendum returning officer shall deliver to the court for endorsement under the foregoing paragraph every provisional referendum certificate which is deemed under that paragraph to have been confirmed by the court, and every such certificate when so endorsed and received by the referendum returning officer from the court shall forthwith become and be final and incapable of being questioned in any court and shall be conclusive evidence of the voting at and result of the referendum to which it relates.

 

Section 5.

FIRST SCHEDULE

ENACTMENTS REPEALED

Number and Year Short Title Extent of Repeal

No. 8 of 1942. Referendum Act, 1942 The whole Act.

No. 19 of 1963. Electoral Act, 1963 The whole Act insofar as it relates to referenda.

No. 34 of 1968. Referendum (Amendment) Act, 1968 The whole Act.

No. 4 of 1972. Electoral (Amendment) Act, 1972 The whole Act insofar as it relates to referenda.

No. 23 of 1972. Referendum (Amendment) Act, 1972 The whole Act.

No. 3 of 1973. Electoral (Amendment) Act, 1973 The whole Act insofar as it relates to referenda.

No. 10 of 1979. Referendum (Amendment) Act, 1979 The whole Act.

No. 14 of 1983. Referendum (Amendment) Act, 1983 The whole Act.

No. 7 of 1984. Referendum (Amendment) Act, 1984 The whole Act.

No. 12 of 1985. Electoral (Amendment) Act, 1985 The whole Act.

No. 12 of 1986. Electoral (Amendment) Act, 1986 The whole Act insofar as it relates to referenda.

No. 35 of 1986. Electoral (Amendment) (No. 2) Act, 1986 The whole Act insofar as it relates to referenda.

No. 4 of 1987. Referendum (Amendment) Act, 1987 The whole Act.

No. 8 of 1992. Referendum (Amendment) Act, 1992 The whole Act.

No. 22 of 1992. Referendum (Amendment) (No. 2) Act, 1992 The whole Act.

No. 23 of 1992. Electoral Act, 1992 Sections 1 (4), 168 and 170 (1) ( a ) and (b).

 

Section 24.

SECOND SCHEDULE

FORMS OF BALLOT PAPER

 

PART I

FORM OF BALLOT PAPER AT CONSTITUTIONAL REFERENDUM

(Front of Paper)

Do you approve of the proposal to amend the Constitution contained in the undermentioned Bill?

Place a mark in ONE SQUARE ONLY

IF YOU APPROVE, YES

mark X in this square

IF YOU DO NOT APPROVE NO

mark X in this square

(Back of Paper)

 

Counterfoil No. No. ........................ Constituency of ........................

 

Referendum on proposal to amend the Constitution

 

PART II

FORM OF BALLOT PAPER AT ORDINARY REFERENDUM

(Front of Paper)

 

Do you approve of the undermentioned proposal becoming law?

 

Place a mark in ONE SQUARE ONLY

IF YOU APPROVE, YES

mark X in this square

IF YOU DO NOT APPROVE NO

mark X in this square

 

(Back of Paper)

 

Counterfoil No. No. ........................ Constituency of ...........................

 

Referendum on proposal to amend the Constitution

..................................................................................................................................

 

____________________________

ACTS REFERRED TO

Referendum Act, 1942 1942, No. 8

Electoral Act, 1963 1963, No. 19

Referendum (Amendment) Act, 1968 1968, No. 34

Electoral (Amendment) Act, 1972 1972, No. 4

Referendum (Amendment) Act, 1972 1972, No. 23

Electoral (Amendment) Act, 1973 1973, No. 3

Holidays (Employees) Act, 1973 1973, No. 25

Referendum (Amendment) Act, 1979 1979, No. 10

Referendum (Amendment) Act, 1983 1983, No. 14

Referendum (Amendment) Act, 1984 1984, No. 7

Electoral (Amendment) Act, 1985 1985, No. 12

Electoral (Amendment) Act, 1986 1986, No. 12

Electoral (Amendment) (No. 2) Act, 1986 1986, No. 35

Referendum (Amendment) Act, 1987 1987, No. 4

Referendum (Amendment) Act, 1992 1992, No. 8

Referendum (Amendment) (No. 2) Act, 1992 1992, No. 22

Electoral Act, 1992 1992, No. 23

 


Number 8 of 1992.

 

No. 8/1992: REFERENDUM (AMENDMENT) ACT, 1992.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Constitutional referendum in relation to Eleventh Amendment of the Constitution Bill, 1992, relating to Article 29.4 of the Constitution.

2. Constitutional referendum in relation to any other Bill.

3. Short title, collective citation and construction.

____________________________

ACTS REFERRED TO

 

Electoral Act 1963 1963, No. 19

Electoral (Amendment) Act 1985 1985, No. 12

Electoral (Amendment) (No. 2) Act 1986 1986, No. 35

Referendum Act, 1942 1942, No. 8

Referendum Acts 1942 to 1987

 

____________________________

Number 8 of 1992

____________________________

No. 8/1992: REFERENDUM (AMENDMENT) ACT, 1992

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1987.

[23rd May, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referendum in relation to Eleventh Amendment of the Constitution Bill, 1992, relating to Article 29.4 of the Constitution.

1.—At a constitutional referendum in relation to the Eleventh Amendment of the Constitution Bill, 1992, which relates to the amendment of Article 29.4 of the Constitution—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, as amended by section 3 of the Electoral (Amendment) Act, 1985, shall contain the statements set out in Parts I and II of the Appendix to this section;

( b ) copies of the statements referred to in paragraph (a) of this section shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as his ballot paper for the poll at the referendum is sent to him;

( c ) copies of the statements referred to in paragraph (a) of this section shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list (within the meaning of the Electoral (Amendment) (No. 2) Act, 1986) for such constituency and shall be so sent in sufficient time to be delivered in the ordinary course of post before the delivery to the elector concerned of the documents referred to in section 10 (1) of the said Electoral (Amendment) (No. 2) Act, 1986;

( d ) copies of the statements referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station;

( e ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph 5—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer—

  (i) shall read out to the voter paragraph 1 of the statement set out in Part I or Part II, as appropriate, of the Appendix to section 1 of the Referendum (Amendment) Act, 1992,

  (ii) shall then ask the voter 'Which do you wish to do - to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instructions.".

APPENDIX

PART I

1. Is é atá beartaithe leis an mBille um an Aonú Leasú Déag ar an mBunreacht, 1992, maidir leis an leasú ar airteagal 29 den Bhunreacht, an triú habairt i bhfo-alt 3° d'alt 4 den Ailteagal sin a aisghairm agus na fo-ailt seo a leanas a chur isteach san alt sin 4:

Tig leis an Stát an Connradh ar an Aontas Eorpach a sínigheadh i Maastricht ar an 7adh lá d'Fheabhra, 1992, do dhaingniú agus tig leis do bheith ina chomhalta den Aontas san.

Ní dhéanann aon fhoráileamh atá insan Bhunreacht so aon dlighthe d'achtuigh, gníomhartha do rinne nó bearta le n-ar ghlac an Stát, de bhíhin riachtanais na n-oibleagáidí mar chomhalta den Aontas Eorpach nó de na Comhphobail do chur ó bhail dlighidh ná cosc do chur le dlighthe d'achtuigh, gníomhartha do rinne nó bearta le n-ar ghlac an tAontas Eorpach nó na Comhphobail nó institiúidí díobh, nó comhluchtaí atá inneamhail fá na Connarthaí ag bunú na gComhphobal, ó fheidhm dlighidh do bheith aca sa Stát.

Tig leis an Stát an Comhaontú maidir le Paitinní Comhphobail a tarrainguigheadh suas idir Ballstáit na gComhphobal agus a rinneadh i Lucsamburg ar an 15adh lá de Nollaig, 1989, do dhaingniú.".

2. MÁ THOILÍONN TÚ leis an togra, cuir X os coinne an fhocail TÁ ar an bpáipéar ballóide.

3. MURA dTOILÍONN TÚ leis an togra, cuir X os coinne an fhocail NÍL ar an bpáipéar ballóide.

4. Is féidir cóip den Bhille a iniúchadh saor in aisce, agus is féidir é a cheannach ar dhá phingin, in aon Phost-Oifig.

PART II

1. The Eleventh Amendment of the Constitution Bill, 1992, relating to the amendment of Article 29 of the Constitution proposes to repeal the third sentence in subsection 3º of section 4 thereof and to insert the subsections here following into the said section 4:

"4° The State may ratify the Treaty on European Union signed at Maastricht on the 7th day of February, 1992, and may become a member of that Union.

No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State.

The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.".

2. IF YOU APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. IF YOU DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two pence, at any Post Office.

 

2 Constitutional referendum in relation to any other Bill.

2.—At a constitutional referendum other than that referred to in section 1 of this Act, a statement in relation to the proposal which is the subject of the referendum may be prescribed for the information of voters by resolution of each House of the Oireachtas and, where a statement is so prescribed, the provisions of section 1 of this Act shall apply in relation to the referendum subject to substitution of the statement prescribed under this section for the statement set out in the Appendix to the said section 1.

 

3 Short title, collective citation and construction.

3.—(1) This Act may be cited as the Referendum (Amendment) Act, 1992.

(2) The Referendum Acts, 1942 to 1987, and this Act may be cited together as the Referendum Acts, 1942 to 1992.

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1987.


Number 22 of 1992.

 

No. 22/1992: REFERENDUM (AMENDMENT) (NO. 2) ACT, 1992.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Constitutional referenda in relation to amendments of Article 40.3 of the Constitution.

2. Restriction of section 2 of Referendum (Amendment) Act, 1992.

3. Forms of ballot papers.

4. Short title, collective citation and construction.

_____________________________

ACTS REFERRED TO

Electoral Act, 1963 1963, No. 19

Electoral (Amendment) Act, 1972 1972, No. 4

Electoral (Amendment) Act, 1985 1985, No. 12

Electoral (Amendment) (No. 2) Act, 1986 1986, No. 35

Referendum Act, 1942 1942, No. 8

Referendum (Amendment) Act, 1992 1992, No. 8

Referendum Acts, 1942 to 1992

 

____________________________

Number 22 of 1992

____________________________

No. 22/1992: REFERENDUM (AMENDMENT) (NO. 2) ACT, 1992

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1992.

[30th October, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referenda in relation to amendments of Article 40.3 of the Constitution.

1.—At constitutional referenda in relation to the Twelfth, Thirteenth and Fourteenth Amendments of the Constitution which relate to Article 40.3 thereof—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, as amended by section 3 of the Electoral (Amendment) Act, 1985, shall contain the statements set out in the Appendix to this section;

( b ) copies of the statements referred to in paragraph (a) of this section shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as his ballot papers for the polls at the referenda are sent to him;

( c ) copies of the statements referred to in paragraph (a) of this section shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list (within the meaning of the Electoral (Amendment) (No. 2) Act, 1986) for such constituency and shall be so sent in sufficient time to be delivered in the ordinary course of post before the delivery to the elector concerned of the documents referred to in section 10 (1) of the said Electoral (Amendment) (No. 2) Act, 1986;

( d ) copies of the statements referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that a referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station;

( e ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph 5—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

  ( b ) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer—

  (i) shall read out to the voter such statement of the proposal which is the subject of the referendum as is set out in the appropriate Part of the Appendix to section 1 of the Referendum (Amendment) (No. 2) Act, 1992,

  (ii) shall then ask the voter 'Which do you wish to do - to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction.".

APPENDIX

PART I

1. Féadfaidh tú vótáil sna reifrinn ar thrí thogra:

Páipéar Ballóide Bán

Ceart chun Beatha

An Bille um an Dóú Leasú Déag ar an mBunreacht, 1992.  Is é atá beartaithe leis an mBille seo Airteagal 40 den Bhunreacht a leasú tríd an téacs seo a leanas a chur le fo-alt 3° d'alt 3 den Airteagal sin:

"Beidh sé aindleathach beatha beo gan breith a fhoirceannadh mura rud é gur gá an foirceannadh sin chun beatha, ar leith ó shláinte, na máthar a shábháil i gcás breoiteacht nó neamhord a bheith ar an máthair is cúis le baol réadach substaintiúil dá beatha, nach baol féindíothaithe é.".

Páipéar Ballóide Uaine

Taisteal

An Bille um an Tríú Leasú Déag ar an mBunreacht, 1992.  Is é atá beartaithe leis an mBille seo Airteagal 40 den Bhrunreacht a leasú tríd an mír seo a leanas a chur le fo-alt 3° d'alt 3 den Airteagal sin:

"Ní theorannóidh an fo-alt seo saoirse chun taisteal idir an Stát agus stát eilt.".

Páipéar Ballóide Bándearg

Faisnéis

An Bille um an gCeathrú Leasú Déag ar an mBunreacht, 1992.  Is é atá beartaithe leis an mBille seo Airteagal 40 den Bhunreacht a leasú tríd an mír seo a leanas a chur le fo-alt 3° d-alt 3 den Airteagal sin:

"Ní theorannóidh an fo-alt seo saoirse chun faisnéis a fháil nó a shur ar fáil sa Stát maidir le seirbhísí atá ar fáil go dleathach i stát eile ach sin faoi chiumsiú cibé coinníollacha a fhéadfar a leagan síor le dlí.".

2. MÁ THOILÍONN TÚ leis an togra sa Bhille lena mbaineann an páipéar ballóide, cuir X os coinne an fhocail TÁ ar an bpáipéar.

3. MURA dTOILÍONN TÚ leis an togra sa Bhille lean mbaineann an páipéar ballóide, cuir X os coinne an fhocail NÍL ar an bpáipéar.

4. Is Féidir cóipeanna de na Billí a iniúchadh saor in aisce, agus is féidir iad a cheannach ar dhá phingin an ceann, in aon Phost-Oifig.

PART II

1. You may vote at the Referenda on three proposals:

White Ballot Paper

Right to Life

The Twelfth Amendment of the Constitution Bill, 1992 proposes to amend Article 40 of the Constitution by the addition of the text here following to subsection 3º of section 3 thereof:

"It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.".

Green Ballot Paper

Travel

The Thirteenth Amendment of the Constitution Bill, 1992 proposes to amend Article 40 of the Constitution by the addition of the paragraph here following to subsection 3° of section 3 thereof:

"This subsection shall not limit freedom to travel between the State and another state.".

Pink Ballot Paper

Information

The Fourteenth Amendment of the Constitution Bill, 1992 proposes to amend Article 40 of the Constitution by the addition of the paragraph here following to subsection 3° of section 3 thereof:

"This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.".

2. IF YOU APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word YES on the paper.

3. IF YOU DO NOT APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word NO on the paper.

4. Copies of the Bills can be inspected free of charge, and purchased for two pence each, at any Post Office.

 

2 Restriction of section 2 of Referendum (Amendment) Act, 1992.

2.—Section 2 of the Referendum (Amendment) Act, 1992, shall not apply to the referenda referred to in section 1 of this Act.

 

3 Forms of ballot papers.

3.—The Electoral Act, 1963, is hereby amended—

( a ) as respects a constitutional referendum in relation to the Twelfth Amendment of the Constitution Bill, 1992, by the insertion at the beginning of the front of the form of ballot paper set out in Part I of the Fourth Schedule (inserted by the Electoral (Amendment) Act, 1972) of—

"CEART CHUN BEATHA — RIGHT TO LIFE";

( b ) as respects a constitutional referendum in relation to the Thirteenth Amendment of the Constitution Bill, 1992, by the insertion at the beginning of the front of the said form of ballot paper of—

"TAISTEAL — TRAVEL";

and

( c ) as respects a constitutional referendum in relation to the Fourteenth Amendment of the Constitution Bill, 1992, by the insertion at the beginning of the front of the said form of ballot paper of—

"FAISNÉIS — INFORMATION".

 

4 Short title, collective citation and construction.

4.—(1) This Act may be cited as the Referendum (Amendment) (No. 2) Act, 1992.

(2) The collective citation, the Referendum Acts, 1942 to 1992, shall include this Act and those Acts and this Act shall be construed as one.


Number 4 of 1987.

 

No. 4/1987: REFERENDUM (AMENDMENT) ACT, 1987.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1987.

2. Short title, collective citation and construction.

____________________________

ACTS REFERRED TO

Electoral Act, 1963 1963. No. 19

Electoral (Amendment) Act, 1985 1985. No. 12

Electoral (Amendment) (No. 2) Act, 1986 1986. No. 35

Referendum Act, 1942 1942. No. 8

Referendum Acts, 1942 to 1986

 

____________________________

Number 4 of 1987

____________________________

No. 4/1987: REFERENDUM (AMENDMENT) ACT, 1987

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1986.

[2nd May, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1987.

1.—At a constitutional referendum in relation to the Tenth Amendment of the Constitution Bill. 1987—

( a ) a polling card sent under section 64 (1 ) of the Electoral Act, 1963. as amended by section 3 of the Electoral (Amendment) Act, 1985. shall contain the statements set out in Parts I and II of the Appendix to this section,

( b ) copies of the statements referred to in paragraph (a) of this section shall also he sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is On the postal voters list for such constituency at the same time as his ballot paper for the poll at the referendum is sent to him,

( c ) copies of the statements referred to in paragraph (a) of this section shall also be sent by, the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list (within the meaning of the Electoral (Amendment) (No. 2) Act. 1986) for such constituency and shall he so sent in sufficient time to be delivered in the ordinary, course of post before the delivery to the elector concerned of the documents referred to in section 10 (1) of the said Electoral (Amendment) (No. 2) Act. 1986.

( d ) copies of the statements referred to in paragraph (a) of this section shall be displayed by the presiding officer in and in the precincts of his polling station:

Provided that the referendum shall not he invalidated by, reason of any failure to display such copies in or in the precincts of any polling station.

( e ) in applying Rule 18 (inserted by the Electoral Act. 1963) of' the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph 5—

"5 (a) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer—

  (i) shall read out to the voter paragraph 1 of the statement set out in Part I or Part II, as appropriate, of the Appendix to section 1 of the Referendum (Amendment) Act, 1987,

  (ii) shall then ask the voter 'Which do you wish to do - to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instructions."

 

APPENDIX

PART I

1. Is é atá beartaithe leis an mBille urn an Deichiú Leasú ar an mBunreacht. 1987, a chur ar chumas an Stáit an lonstraim Eorpach Aonair a dhaingniú tríd an abairt seo a leanas a chur isteach i bhfoalt 3° d'alt 4 d'Airteagal 29 den Bhunreacht tar éis na chéad abairte:

"Tig leis an Stát an lonstraim Eorpach Aonair (do sínigheadh tarceann Bhalistáit na gComhphobal i Lucsamburg an 17adh lá d'Fheabhra, 1986, agus insan Háig an 28adh lá d'Fheabhra. 1986) do dhaingniú.".

2. MÁ THOILÍONN tú leis an togra. cuir X os coinne an fhocail TÁ ar an bpáipéar ballóide.

3. MURA dTOILÍONN tú lieis an togra, cuir X os coinne an fhocaiI NÍL ar an bpáipéar ballóide.

4. Is féidir cóip den Bhille a iniúchadh saor in aisce, agus is féidir é a cheannach ar dhá phingin, in aon Phost-Oifig.

PART II

1. The Tenth Amendment of the Constitution Bill. 1987, proposes to enable the State to ratify the Single European Act by inserting the sentence here following into subsection 3' of section 4 of Article 29 of the Constitution after the first sentence:

"The State may ratify the Single European Act (signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of February, 1986, and at The Hague on the 28th day of February, 1986).".

2. If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two pence, at any Post Office.

 

2 Short title, collective citation and construction.

2.— (1) This Act may be cited as the Referendum (Amendment) Act. 1987.

(2) The Referendum Acts, 1942 to 1986 and this Act may he cited together as the Referendum Acts. 1942 to 1987.

(3) This Act shall he construed as one with the Referendum Acts, 1942 to 1986.

 


Number 12 of 1986.

 

No. 12/1986: ELECTORAL (AMENDMENT) ACT, 1986.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Amendment of Electoral Act, 1963.

2. Amendment of European Assembly Elections Act, 1977.

3. Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1986.

4. Short title, collective citation and construction.

____________________________

ACTS REFERRED TO

Electoral Act, 1963 1963, No. 19

Electoral Acts, 1923 to 1985

Electoral (Amendment) Act, 1985 1985, No. 12

European Assembly Elections Act, 1977 1977, No. 30

European Assembly Elections Acts, 1977 and 1984

Referendum Act, 1942 1942, No. 8

Referendum Acts, 1942 to 1985

 

____________________________

Number 12 of 1986

____________________________

No. 12/1986: ELECTORAL (AMENDMENT) ACT, 1986

____________________________

AN ACT TO AMEND THE ELECTORAL ACTS, 1923 TO 1985, THE EUROPEAN ASSEMBLY ELECTIONS ACTS, 1977 AND 1984, AND THE REFERENDUM ACTS, 1942 TO 1985.

[27th May, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Amendment of Electoral Act, 1963.

1.—Section 11 of the Electoral Act, 1963, is hereby amended by—

( a ) the substitution of the following subsection for subsection (1):

"(1) ( a ) The returning officer for a constituency shall be—

  (i) in case the whole of the constituency is situate in a specified county or specified county borough, the sheriff for the specified county or specified county borough,

  (ii) in case part of the constituency is situate in a specified county and part in a specified county borough, such one of the sheriffs for the specified county or specified county borough as the Minister appoints from time to time,

  (iii) in case part of the constituency is situate in a specified county or specified county borough or in both and part in another county, such one of the following as the Minister appoints from time to time, namely, the sheriff for the specified county or the specified county borough or the county registrar for the other county,

  (iv) in any other case, the county registrar or, where part of the constituency has one county registrar and part another county registrar or parts other county registrars, such one of the county registrars as the Minister appoints from time to time.

( b ) In this section references to a specified county or specified county borough are references to the counties of Cork and Dublin and the county boroughs of Cork and Dublin.",

and

( b ) the substitution of the following paragraph for paragraph (c)of subsection (2):

"( c ) In this subsection 'appropriate officer', in relation to part of a constituency, means—

  (i) in case the part is situated in a specified county or specified county borough, the sheriff of the specified county or specified county borough,

  (ii) in case the part is situated in any other county or county borough, the county registrar for the county or county borough.".

 

2 Amendment of European Assembly Elections Act, 1977.

2.—Section 14 of the European Assembly Elections Act, 1977 is hereby amended by the substitution of the following subsection for subsection (2):

"(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 the counties of Cork and Dublin and the county boroughs of Cork and Dublin, the sheriff, and

( b ) in every other case, the county registrar.".

 

3 Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1986.

3.—At a constitutional referendum in relation to the Tenth Amendment of the Constitution Bill, 1986—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, as amended by section 3 of the Electoral (Amendment) Act, 1985, shall contain the statements set out in Parts I and II of the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency,

( c ) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statements referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

( e ) copies of the statements referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:Provided that the referendum shall not he invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph 5—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer—

  (i) shall read out to the voter paragraph 1 of the statement set out in Part I or Part II, as appropriate, of the Appendix to section 3 of the Electoral (Amendment) Act, 1986,

  (ii) shall then ask the voter 'Which do you wish to do - to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction.".

APPENDIX

PART I

1. Is é atá beartaithe leis and mBille um an Deichiü Leasú ar an mBunreacht, 1986, fo-alt 2° d'Airteagal 41.3 den Bhunreacht, a deir nach cead dlí ar bith a achtú a bhéarfadh cumhacht chun pósadh a scaoileadh, a scriosadh agus an fo-alt seo a leanas a chur ina ionad:

2° I gcás gur deimhin le cibé cúirt do bunuigheadh faoin mBunreacht so agus a ordóchar le dligheadh, agus sa chás san amháin—

i. go bhfuil teipthe ar phósadh,

ii. gur lean an teip ar feadh tréimhse cúig bliana ar a laghad nó tréimhsí cúig bliana ar a laghad san iomlán,

iii. nach féidir le réasún bheith ag súil le comhréiteach idir na páirtithe sa phósadh, agus

iv. gur coimhlíonadh aon choingheall eile a bheas ordaithe le dligheadh,

féadfaidh an chúirt, do réir dlighidh, scaoileadh ar an bpósadh do thabhairt ar choingheall gur deimhin leis an gcúirt go ndéanfar socrú imleor cuibhe, ag féachaint do na himthosca, maidir le haon chéile cleitheamhnach agus maidir le haon leanbh de chuid ceachtar céile nó aon leanbh atá i gcleitheamhnas ar cheachtar céile.".

2. Má THOILÍONN tú leis an togra, cuuir X os coinne an fhocail TÁ ar an bpáipéar ballóide.

3. Mura dTOILÍONN tú leis an togra, cuir X os coinne an fhocail NIL ar an bpáipéar ballóide.

4. Is féidir cóip den Bhille a iniúchadh saor in aisce, agus is féidir é a cheannach ar dhá phingin go leith, in aon Phost-Oifig.

PART II

1. The Tenth Amendment of the Constitution Bill, 1986, proposes to delete subsection 2º of Article 41.3 of the Constitution, which states that no law shall be enacted providing for the grant of a dissolution of marriage, and to substitute the subsection here following:

"2º Where, and only where, such court established under this Constitution as may be prescribed by law is satisfied that—

i. a marriage has failed,

ii. the failure has continued for a period of, or periods amounting to, at least five years,

iii. there is no reasonable possibility of reconciliation between the parties to the marriage, and

iv. any other condition prescribed by law has been complied with,

the court may in accordance with law grant a dissolution of the marriage provided that the court is satisfied that adequate and proper provision having regard to the circumstances will be made for any dependent spouse and for any child of or any child who is dependent on either spouse.".

2. If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two and a half pence, at any Post Office.

 

4 Short title, collective citation and construction.

4.—(1) This Act may be cited as the Electoral (Amendment) Act, 1986.

(2) The Electoral Acts, 1923 to 1985, and section 1 of this Act may be cited together as the Electoral Acts, 1923 to 1986.

(3) The European Assembly Elections Acts, 1977 and 1984, and section 2 of this Act may be cited together as the European Assembly Elections Acts, 1977 to 1986.

( 4 ) ( a ) The Referendum Acts, 1942 to 1985 and section 3 of this Act may be cited together as the Referendum Acts, 1942 to 1986.

( b ) Section 3 of this Act shall be construed as one with the Referendum Acts, 1942 to 1985.


Number 12 of 1985.

 

No. 12/1985: ELECTORAL (AMENDMENT) ACT, 1985.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Amendment of section 5 of Act of 1963.

3. Amendment of sections 44, 51, 64, 70 and 92 of Act of 1963.

4. Presidential elector, etc.

5. Franchise and registration at presidential elections.

6. Amendment of sections 3 and 29 of Presidential Elections Act, 1937.

7. Construction (Referendum Acts, 1942 to 1984).

8. Amendment of sections 7, 20 and 34 of and First Schedule to Referendum Act, 1942.

9. Short title, collective citation and construction.

____________________________

ACTS REFERRED TO

Electoral Acts, 1923 to 1983

Electoral Act, 1963 1963, No. 19

Electoral (Amendment) Act, 1966 1966, No. 1

Electoral (Amendment) Act, 1973 1973, No. 3

European Assembly Elections Act, 1977 1977, No. 30

European Communities Act, 1972 1972, No. 27

Juries Act, 1976 1976, No. 4

Presidential Elections Act, 1937 1937, No. 32

Presidential Elections Acts, 1937 to 1973

Referendum Act, 1942 1942, No. 8

Referendum Acts, 1942 to 1984

 

____________________________

Number 12 of 1985

____________________________

No. 12/1985: ELECTORAL (AMENDMENT) ACT, 1985

____________________________

AN ACT TO CONFER ON CERTAIN PERSONS, PURSUANT TO ARTICLE 16.1.2° OF THE CONSTITUTION, THE RIGHT TO VOTE AT ELECTIONS FOR DÁIL ÉIREANN AND FOR THAT PURPOSE TO AMEND THE ELECTORAL ACTS, 1923 TO 1983, THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1973, AND THE REFERENDUM ACTS, 1942 TO 1984.

[7th July, 1985]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Interpretation.

1.—(1) In this Act—

"the Act of 1963" means the Electoral Act, 1963;

"the Act of 1966" means the Electoral (Amendment) Act, 1966;

"the Act of 1977 means the European Assembly Elections Act, 1977.

(2) In sections 3 (2), 4, 5 and 7 of this Act, a reference to any enactment is to that enactment as amended or extended by any other enactment enacted after the commencement of this Act.

 

2 Amendment of section 5 of Act of 1963.

2.—Section 5 of the Act of 1963 is hereby amended by the insertion after subsection (1) of the following subsections:

"(1A) ( a ) In addition to those entitled to be registered under subsection (1) of this section, a person shall be entitled to be registered as a Dáil elector in a constituency if he is a person who has reached the age of eighteen years and who on the qualifying date—

(i) complied with the requirement of subsection (1) ( b ) of this section, and

(ii) was either—

  (I) a British citizen, or

  (II) a national of a Member State to which this subsection applied on that date.

( b ) This subsection applies to a Member State which is for the time being the subject of a declaration under subsection (1B) of this section.

(1B) Where the Minister is of opinion that—

( a ) the law of a Member State relating to the election of members of, or deputies or other representatives in or to, the National Parliament of that Member State enables citizens of Ireland, by reason of their being such citizens and being resident in that Member State, to vote at such an election, and

( b ) the provisions of that law enabling citizens of Ireland who are so resident so to vote are the same, or are substantially the same, as those enabling nationals of that Member State so to vote,

the Minister may by order declare that Member State to be a Member State to which subsection (1A) of this section applies.

(1C) The Minister may by order specify criteria or other matters to which regard shall be had in order to determine whether or not a person is for the purpose of this section a national of a Member State and such order may provide that the provisions of the order shall relate to all Member States or to such one or more Member States as are specified in the order.

(1D) Where—

( a ) an order under subsection (1C) of this section is for the time being in force, and

( b ) a Member State to which the order applies is for the time being a Member State to which subsection (1A) of this section applies,

clause (II) of subsection (1A) (a) (ii) of this section shall be construed and have effect subject to the provisions of the order.

( 1E ) ( a ) The Minister may revoke or amend an order under this section (including an order under this subsection).

( b ) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

( 1F ) ( a ) Subject to subsection (1D), in this section—

'a British citizen' means a person who under the Act of the British Parliament entitled the British Nationality Act 1981 is a British citizen;

'the European Communities' means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;

'Member State' means a Member State of the European Communities other than the State or the United Kingdom;

'national of a Member State' has the meaning assigned to it by the treaties save that it shall not be construed as referring to the United Kingdom or as including a British citizen;

'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.

( b ) The reference in paragraph (a) of this subsection to the Act of the British Parliament mentioned in that paragraph is a reference to that Act as enacted by that Parliament on the 30th day of October, 1981.".

 

3 Amendment of sections 44, 51, 64, 70 and 92 of Act of 1963.

3.—(1) Subsection (1) of section 92, as amended by section 21 (2) of the Act of 1977, of the Act of 1963 is hereby amended by the insertion of "presidential electors," after "Dáil electors," and the said subsection (1), as amended by this section, is set out in the Table to this section.

(2) The Act of 1963 shall be construed and have effect as if for each of the references to a register of Dáil electors in subsections (1) and (2) of section 44, subsections (1), (2) (as amended by section 2 of the Electoral (Amendment) Act, 1973) and (4) of section 51, subsections (1) and (2) of section 64 and subsections (1), (2) (as so amended) and (4) of section 70 there were substituted a reference to a register of presidential electors.

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 regulation relating to the registration of Dáil electors, any statute, order or re presidential 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.

 

4 Presidential elector, etc.

4.—(1) For the purposes of—

( a ) the Presidential Elections Acts, 1937 to 1985,

( b ) the Referendum Acts, 1942 to 1985, and

( c ) section 92 (1), as amended by section 21 (2) of the Act of 1977 and section 3 (1) of this Act, of the Act of 1963,

"presidential elector" means a person entitled to vote at an election of a person to the office of President of Ireland.

(2) For the purposes of the Presidential Elections Acts, 1937 to 1985, "elector", when used alone, means a person described in subsection (1) of this section.

 

5 Franchise and registration at presidential elections.

5.—(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

( a ) a citizen of Ireland, and

( b ) ordinarily resident in that constituency.

(2) Part II of the Act of 1963 (apart from subsection (1), subsections (1A), (1B), (1C), (1D), (1E) and (IF) (inserted by section 2 of this Act) and subsection (2) of section 5), as amended by section 1 of the Act of 1966 and section 4 of the Juries Act, 1976, shall apply as regards the registration of presidential 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 presidential elections, be the register of presidential 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 Act of 1966) and (6) of section 5 of the Act of 1963 to the purposes of that section shall be construed as including a reference to the purposes of this section.

(4) In this section "the qualifying date" means the date specified by the Minister for the Environment 'under section 5 (6) of the Act of 1963.

 

6 Amendment of sections 3 of Presidential Elections Act, 1937.

6.—The Presidential Elections Act, 1937, is hereby amended by—

( a ) the substitution in the definition of "register of electors" in section 3 of "presidential" for "Dáil"; and

( b ) the substitution, in both places where it occurs, of "presidential elector" for "person" in subsections (2) and (3) (both inserted by section 50 of the Act of 1963) of section 29,

and the said definition and the said subsections (2) and (3), as amended by this section, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

TABLE

1 the expression "register of electors" means a register of the persons entitled to vote at a presidential election;

2 (2) Every local returning officer shall, as soon as practicable after he receives from the presidential returning officer notice of the adjournment of a presidential of taking a poll, send to every presidential elector whose, election for the purpose name is on the postal voters list for his constituency a ballot-paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said presidential elector and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.

 

7 Construction (Referendum Acts, 1942 to 1984).

7.—(1) Each of the references in the Referendum Acts, 1942 to 1984, to the register of electors shall be construed as a reference to a register of the persons entitled to vote at a presidential election.

(2) In this section "presidential election" has the meaning assigned to it by section 3 of the Presidential Elections Act, 1937.

 

8 Amendment of sections 7, 20 and 34 of and First Schedule to Referendum Act, 1942.

8.—The Referendum Act, 1942, is hereby amended by—

( a ) the substitution of "presidential electors registered in the register of presidential" for "Dáil electors registered in the register of" in subsection (2) of section 7;

( b ) the substitution of "presidential" for "Dáil" in subsection (3) of section 7;

( c ) the substitution of "presidential elector for "person" in each place where it occurs in subsection (1), subsection (2) (inserted by section 69 of the Act of 1963), and subsection (3) (so inserted) of section 20;

( d ) the substitution of "presidential electors on the register of presidential" for "Dáil electors on the register of" in paragraph (b) of section 34 (2); and

( e ) the substitution of "presidential" for "Dáil" in both places where it occurs in subparagraph (b) of Rule 32 (1) of the First Schedule,

and the said subsections (2) and (3) of the said section 7, the said section 20, paragraph (b) and subparagraph (b), as so amended, are set out in paragraphs 1, 2, 3 and 4, respectively, of the Table to this section.

TABLE

1. (2) Whenever after the passing of this Act a register of electors comes into force, every registration officer shall forthwith send to the referendum returning officer a statement in the prescribed form of the number of presidential electors registered in the register of presidential electors in each constituency or part of a constituency in the registration area of such registration officer.

(3) Whenever the number of presidential electors which is the subject of a statement sent by a registration officer to the referendum returning officer in pursuance of this section becomes altered by the decision of appeals, correction of errors, or any other cause, such registration officer shall forthwith communicate to the referendum returning officer the fact of such alteration and the particulars thereof.

2. 20—(1) Every presidential elector whose name is, at the time of the poll at a referendum, on the postal voters' list for a constituency shall be entitled to vote in that constituency at the poll at such referendum by sending his ballot paper by post to the local returning officer for the said constituency and shall not be entitled to vote at such referendum in any other manner.

(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every presidential elector who is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said presidential elector and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.

3. ( b ) in respect of the particulars stated in such certificate of the aggregate voting at the referendum as a whole or of the result of the referendum as so stated, on the ground of error on the part of the referendum returning officer or, in the case of an ordinary referendum, on the ground of error in relation to the number of presidential electors on the register of presidential electors for the time being in force.

4. ( b ) in the case of an ordinary referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against such proposal, and, if the number of votes recorded against such proposal exceeds the number of votes recorded in favour of such proposal, the total number of presidential electors on the register of electors for the time being in force, and whether the number of votes recorded against such proposal is or is not less than thirty-three and one-third per cent. of the said total number of presidential electors, and in any case whether such proposal was or was not vetoed at such referendum;

 

9 Short title, collective citation and construction.

9.—(1) This Act may be cited as the Electoral (Amendment) Act, 1985.

(2) The Electoral Acts, 1923 to 1983, and sections 1, 2 and 3 (1), and section 4 in so far as it relates to the Act of 1963, of this Act may be cited together as the Electoral Acts, 1923 to 1985.

(3) The Presidential Elections Acts, 1937 to 1973, and sections 3 and 4, in so far as they relate to presidential elections, and sections 1, 5 and 6 of this Act may be cited together as the Presidential Elections Acts, 1937 to 1985.

(4) The Referendum Acts, 1942 to 1984 and sections 3 and 4, in so far as they relate to a referendum, and sections 1, 7 and 8 of this Act may be cited together as the Referendum Acts, 1942 to 1985.

(5) The Electoral Acts, 1923 to 1985, shall be construed as one Act.

(6) The Referendum Acts, 1942 to 1985, shall be construed as one Act.


Number 7 of 1984.

_____________________________

 

No. 7/1984: REFERENDUM (AMENDMENT) ACT, 1984.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Constitutional referendum in relation to Ninth Amendment of the Constitution Bill, 1984.

2. Constituencies.

3. Short title, collective citation and construction.

____________________________

ACTS REFERRED TO

Electoral Act, 1963 1963, No. 19

Referendum Act, 1942 1942, No. 8

Referendum Acts, 1942 to 1983

 

____________________________

Number 7 of 1984

____________________________

REFERENDUM (AMENDMENT) ACT, 1984

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1983.

[17th April, 19841]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referendum in relation to Ninth Amendment of the Constitution Bill, 1984.

1.—At a constitutional referendum in relation to the Ninth Amendment of the Constitution Bill, 1984—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters' ist for such constituency,

( c ) a polling card sent under paragraph ( b ) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statement referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

( e ) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph (5)—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, the presiding officer—

  (i) shall read out to the voter paragraph 1 of the statement set out in the Appendix to section 1 of the Referendum (Amendment) Act, 1984,

  (ii) shall then ask the voter 'Which do you wish to do-to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction.".

APPENDIX

1. The Ninth Amendment of the Constitution Bill, 1984, proposes to extend the right conferred on citizens to vote at elections for members of Dáil Éireann to such other persons in the State who have reached the age of 18 years as may be specified by legislation enacted by the Oireachtas.

2. If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two and a half pence, at any Post Office.

 

2 Constituencies.

2.—(1) For the purpose of taking the poll at a referendum referred to in section 1 of this Act—

( a ) each county and each county borough in the State shall be deemed to be a constituency and the poll shall be taken separately in each such constituency, and

( b ) each voter at the poll shall record his vote in the constituency in which he would be entitled to vote at a general election of members of Dáil Éireann if each county and each county borough in the State were a constituency for such an election, and the Referendum Acts, 1942 to 1984, shall be construed as if each county and county borough in the State were a constituency and those Acts shall apply and have effect accordingly with any necessary modification.

(2) Without prejudice to the generality of subsection (1) of this section—

( a ) paragraphs (c) and (e) of section 11 of the Referendum Act, 1942, shad not have effect in relation to a poll at a referendum referred to in the said section 1, and

( b ) the Referendum Act, 1942, shall have effect in relation to a poll at a referendum referred to in the said section 1 as if "constituency" were substituted for "such constituency" in paragraphs (d) (inserted by the Electoral Act, 1963) and (f) of the said section 11.

 

3 Short title, collective citation and construction.

3.—(1) This Act may be cited as the Referendum (Amendment) Act, 1984.

(2) The Referendum Acts, 1942 to 1983, and this Act may be cited together as the Referendum Acts, 1942 to 1984.

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1983.

 


Number 14 of 1983.

 

No. 14/1983: REFERENDUM (AMENDMENT) ACT, 1983.

____________________________

ARRANGEMENT OF SECTIONS

Section

1. Constitutional referendum in relation to Eighth Amendment of the Constitution Bill, 1982.

2. Short title, collective citation and construction.

____________________________

ACTS REFERRED TO

Electoral Act, 1963 1963, No. 19

Referendum Act, 1942 1942, No.   8

Referendum Acts, 1942 to 1979

____________________________

Number 14 of 1983

____________________________

REFERENDUM (AMENDMENT) ACT, 1983

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1979.

[5th June, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referendum in relation to Eighth Amendment of the Constitution Bill, 1982.

1.—At a constitutional referendum in relation to the Eighth Amendment of the Constitution Bill, 1982—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters list for such constituency,

( c ) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statement referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

( e ) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph (5)—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, the presiding officer—

  (i) shall read out to the voter paragraph 1 of the statement set out in the Appendix to section 1 of the Referendum (Amendment) Act, 1983,

  (ii) shall then ask the voter 'Which do you wish to do—to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction.".

APPENDIX

1. The Eighth Amendment of the Constitution Bill, 1982, proposes to add the subsection here following to Article 40.3 of the Constitution.

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

2. If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two and a half pence, at any Post Office.

 

2 Short title, collective citation and construction.

2.—(1) This Act may be cited as the Referendum (Amendment) Act, 1983.

(2) The Referendum Acts, 1942 to 1979, and this Act may be cited together as the Referendum Acts, 1942 to 1983.

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1983.

 

 


Number 10 of 1979.

 

No. 10/1979: REFERENDUM (AMENDMENT) ACT, 1979.

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1973.

[1st June, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referenda in relation to Sixth Amendment of the Constitution (Adoption) Bill, 1978, and Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979.

1.—At a constitutional referendum in relation to the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and at a constitutional referendum in relation to the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters list for such constituency,

( c ) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statement referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

( e ) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that no referendum shall be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act 1942, the following paragraph shall be substituted for paragraph (5)—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

  ( b ) Where the voter fails to understand the import of the said question, the presiding officer—

  (i) shall read out to the voter such statement of the proposal which is the subject of the referendum as is set out in paragraph 1 of the Appendix to section 1 of the Referendum (Amendment) Act, 1979,

  (ii) shall then ask the voter 'Which do you wish to do—to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?',

  and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction."

APPENDIX

1. You may vote at the Referenda on two proposals:—

WHITE BALLOT PAPER

The Sixth Amendment of the Constitution (Adoption) Bill, 1978, proposes that an adoption which is in accordance with laws enacted by the Oireachtas shall not be invalid solely by reason of the fact that the relevant order or authorisation was not made or given by a judge or court but by a person or body designated for the purpose by those laws. The Bill relates to past as well as future adoptions. Its object is to ensure that adoption orders made by An Bord Uchtála (the Adoption Board) will not be in danger of being declared to be invalid because they were not made by a court.

GREEN BALLOT PAPER

The Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by institutions of Higher Education) Bill, 1979, proposes the election by universities and other institutions of higher education specified by law of such number of members of Seanad Éireann, not exceeding 6, as may be specified by law. Those so elected would be in substitution for an equal number of the members elected at present (3 each) by the National University of Ireland and the University of Dublin. The Bill also proposes that nothing in Article 18 of the Constitution shall prohibit the dissolution by law of those Universities.

2. If you APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word YES on the paper.

3. If you DO NOT APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word NO on the paper.

4. Copies of the Bills can be inspected free of charge, and purchased for two and a half pence each, at any Post Office.

 

2 Constituencies.

2.—(1) For the purpose of taking the poll at a referendum referred to in section 1 of this Act—

( a ) each county and each county borough in the State shall be deemed to be a constituency and the poll shall be taken separately in each such constituency, and

( b ) each voter at the poll shall record his vote in the constituency in which he would be entitled to vote at a general election of members of Dáil Éireann if each county and each county borough in the State were a constituency for such an election,

and the Referendum Acts, 1942 to 1979, shall be construed as if each county and county borough in the State were a constituency and those Acts shall apply and have effect accordingly with any necessary modification.

(2) Without prejudice to the generality of subsection (1) of this section—

( a ) paragraphs (c) and (e) of section 11 of the Referendum Act, 1942, shall not have effect in relation to a poll at a referendum referred to in the said section 1, and

( b ) the Referendum Act, 1942, shall have effect in relation to a poll at a referendum referred to in the said section 1 as if "constituency" were substituted for "such constituency" in paragraphs (d) (inserted by the Electoral Act, 1963) and (f) of the said section 11.

 

3 Forms of ballot papers.

3.—The Electoral Act, 1963, is hereby amended—

( a ) as respects a constitutional referendum in relation to the Sixth Amendment of the Constitution (Adoption) Bill, 1978, by the insertion at the beginning of the front of the form of ballot paper set out in Part I of the Fourth Schedule (inserted by the Electoral (Amendment) Act, 1972) of—

"UCHTÁIL—ADOPTION",

and

( b ) as respects a constitutional referendum in relation to the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979, by the insertion at the beginning of the front of the said form of ballot paper of—

"IONADAÍOCHT SEANAID—SEANAD REPRESENTATION".

 

4 Short title, collective citation and construction.

4.—(1) This Act may be cited as the Referendum (Amendment) Act, 1979.

(2) The Referendum Acts, 1942 to 1973, and this Act may be cited together as the Referendum Acts, 1942 to 1979.

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1973.

____________________________

ACTS REFERRED TO

Electoral Act, 1963 1963, No. 19

Electoral (Amendment) Act, 1972 1972, No. 4

Referendum Act, 1942 1942, No. 8

Referendum Acts, 1942 to 1973

 


Number 4 of 1972.

 

No. 4/1972: ELECTORAL (AMENDMENT) ACT, 1972.

____________________________

AN ACT TO AMEND CERTAIN ENACTMENTS RELATING TO ELECTIONS OF THE PRESIDENT, MEMBERS OF DAIL EIREANN AND MEMBERS OF SEANAD EIREANN, AND THE TAKING OF A REFERENDUM.

[29th March, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Amendment of Electoral Act, 1923.

1.—The Electoral Act, 1923, is hereby amended by—

( a ) the deletion of "and such number shall be marked on the counterfoil," from Rule 3 (2) of the Fourth Schedule, as amended by section 29 of the Electoral Act, 1963;

( b ) the deletion of "bearing the number of the ballot paper" from Rule 3 (4) of the Fourth Schedule;

( c ) the substitution of "and examine the receipt" for ", examine the receipt and compare the number thereon with the number on the ballot paper envelope" in Rule 6 (3) of the Fourth Schedule, as amended by section 8 (2) of the Electoral Act, 1960;

( d ) the deletion of "numbers agree and the" from Rule 6 (4) of the Fourth Schedule, as amended by the said section 8 (2);

( e ) the deletion of "and the numbers thereon agree" from Rule 6 (10) of the Fourth Schedule, as amended by the said section 8 (2);

( f ) the substitution of the following new rule for Rule 8 of the Fourth Schedule—

"8. When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding Rules, the returning officer shall open each unopened ballot paper envelope and place the ballot paper in a ballot box previously shown and sealed in the manner provided in Rule 4 of this Schedule which shall be subsequently treated as a ballot box for the purpose of Rule 32 of Part 1 of the Fifth Schedule to this Act.";

( g ) the deletion of "and the number of such elector shall be marked on the counterfoil," from Rule 22 of Part 1 of the Fifth Schedule, as amended by section 29 of the Electoral Act, 1963;

( h ) the deletion of "until he has been proved to have voted, and his vote has been declared by a competent court to be invalid" from Rule 39 of Part 1 of the Fifth Schedule;

( i ) the deletion from Rule 41 of Part 1 of the Fifth Schedule of all the words from "The production from" to the end of the rule;

( j ) the substitution of the following form for form 5A in Part III of the Fifth Schedule (inserted therein by section 16 of the Electoral Act, 1963):

"5A

FORM OF BALLOT PAPER.

(Front of Paper)

 

TREORACHA. INSTRUCTIONS.

I. Féach chuige go bhfuil an marc oifigiúil ar an bpáipéar. I. See that the official mark is on the paper.

II. Scríobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de. II. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.

III. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é. III. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

(Back of paper)

 

No. ......................................

Election for Constituency of ......................................"; and

( k ) the deletion of Rules 3 (3), 6 (6) and 6 (7) of the Fourth Schedule.

 

2 Amendment of Seanad Electoral (University Members) Act, 1937.

2.—The Seanad Electoral (University Members) Act, 1937, is hereby amended by—

( a ) the substitution of "a form" for "the said form" in sub-paragraph (ii) of Rule 4 ( f ) of the Second Schedule;

( b ) the deletion of "marked as hereinbefore directed with the number on the back of the said ballot paper" from subparagraph (iv) of the said Rule 4 ( f );

( c ) the deletion of "and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope" from Rule 12 ( b ) of the Second Schedule;

( d ) the deletion of "said numbers agree and the" from Rule 12 ( c ) of the Second Schedule;

( e ) the deletion of "and the numbers thereon agree" from Rule 13 of the Second Schedule;

( f ) the deletion of both "compare the number on the envelope with the number on the ballot paper and if the numbers agree, he shall" and ", but if the numbers do not agree he shall mark the ballot paper 'rejected' and shall attach it to the envelope" from Rule 16 of the Second Schedule;

( g ) the deletion of "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" from Rule 27 of the Second Schedule; and

( h ) the deletion of paragraphs ( b ) and ( e ) of Rule 4, paragraphs ( e ) and ( f ) of Rule 12, and Rule 30 of the Second Schedule.

 

3 Amendment of Presidential Elections Act, 1937.

3.—The Presidential Elections Act, 1937, is hereby amended by—

( a ) the deletion of "and the number of such elector shall be marked on the counterfoil," from Rule 15 of Part 1 of the First Schedule, as amended by section 56 of the Electoral Act, 1963; and

( b ) the substitution of the following form for form 8 in the Second Schedule (substituted therein by section 52 of the Electoral Act, 1963):

" Form (Presidential Elections).

8

 

 

 

TREORACHA. INSTRUCTIONS.

I. Féach chuige go bhfuil an marc oifigiúil ar an bpáipéar. I. See that the official mark is on the paper.

II. Scríobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de. II. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.

III. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é. III. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

(Back of paper)

 

No. ........................................

Presidential election on ...................... day of ........................................... 19....................".

 

4 Amendment of Referendum Act, 1942.

4.—Rule 16 of the First Schedule to the Referendum Act, 1942, as amended by section 74 of the Electoral Act, 1963, is hereby amended by the deletion of "and the number of such voter shall be marked on the counterfoil,".

 

5 Constitutional referendum in relation to Third Amendment of the Constitution Bill, 1971.

5.—(1) At a constitutional referendum in relation to the Third Amendment of the Constitution Bill, 1971—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters list for such constituency,

( c ) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statement referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

( e ) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph 5—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act an any written instruction.

  ( b ) Where the voter fails to understand the import of the said question, the presiding officer—

  (i) shall read out to the voter paragraph 1 of the statement set out in the Appendix to section 5 of the Electoral (Amendment) Act, 1972,

  (ii) shall then ask the voter 'Which do you wish to do—to vote in favour of the proposal to change the Constitution? or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction."

(2) This section shall be construed as one with the Referendum Acts, 1942 to 1968.

APPENDIX

1. The Third Amendment of the Constitution Bill, 1971, proposes to add the subsection here following to Article 29.4 of the Constitution.

3º The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State.

The purpose of the proposal is to allow the State to become a member of the communities commonly known as the European Communities.

2. If you APPROVE of the State's becoming a member of the European Communities, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the State's becoming a member of the European Communities, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge and purchased for two and a half pence at any Post Office.

 

6 Amendment of Seanad Electoral (Panel Members) Act, 1947.

6.—The Seanad Electoral (Panel Members) Act, 1947, is hereby amended by—

( a ) the deletion of "and marked upon the inside with the elector's said number," from Rule 4 (f) of the First Schedule;

( b ) the substitution of the following subparagraph for subparagraph (ii) of the said Rule 4 (f):

"(ii) a smaller envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form, and";

( c ) the substitution of "and" for "save that", in lieu of the number on the electoral roll, there shall be marked on the counterfoils of such ballot papers the consecutive number endorsed on the request in pursuance of which such ballot papers are issued and that" in Rule 5 of the First Schedule;

( d ) the substitution of the following clause for clause (ii) of Rule 8 (1) (a) of the first Schedule:

"(ii) the authorised person shall furnish to the elector a form of declaration of identity in the prescribed form and in case the ballot papers produced are duplicates, shall mark the declaration of identity with the word 'duplicate',";

( e ) the substitution of the following clause for clause (iv) of the said Rule 8 (1) (a):

"(iv) the elector shall hand the declaration of identity together with the outer envelope produced to the authorised person who, if he is satisfied that the person who made the declaration of identity is the person to whom the owner envelope is addressed, shall sign the declaration of identity, return it to the elector, and then destroy the outer envelope,";

( f ) the deletion of "and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope" from Rule 14 (d) of the First Schedule;

( g ) the deletion of "numbers agree and the" from Rule 14 (e) of the First Schedule;

( h ) the deletion of "or which does not bear the number of a ballot paper" from Rule 14 (k) of the First Schedule;

( i ) the deletion of "or that it does not bear the number of a ballot paper" from Rule 18 of the First Schedule;

( j ) the deletion of both "compare the number on the envelope with the number on the ballot papers, and if the number on the envelope and the number on the ballot papers agree, he shall" and ",but if the number on the envelope and the number on the ballot papers do not agree, the Seanad returning officer shall fasten such ballot papers and such envelope together and mark them 'rejected'" from Rule 20 (3) of the First Schedule;

( k ) the deletion of "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" from Rule 32 of the First Schedule;

( l ) the substitution of the following subparagraph for subparagraph (ii) of Rule 4 (f) of the Third Schedule:

"(ii) a form of declaration of identity in the prescribed form, and";

( m ) the substitution of the following subparagraph for subparagraph (iv) of the last-mentioned Rule 4 (f):

"(iv) a smaller envelope (hereinafter referred to as the ballot paper envelope)in the prescribed form;";

( n ) the substitution of "and" for "save that, in lieu of the number on the electoral roll, there shall be marked on the counterfoil of such ballot paper the consecutive number endorsed on the request in pursuance of which such ballot paper is issued and that" in Rule 5 of the Third Schedule;

( o ) the substitution of "and examine the declaration of identity therein" for ", examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope" in Rule 13 (c) of the Third Schedule;

( p ) the deletion of "said numbers agree and the" from Rule 13 (d) of the Third Schedule;

( q ) the deletion of "and the numbers on such ballot paper and on such declaration agree" from Rule 14 of the Third Schedule;

( r ) the deletion of both "compare the number on the envelope with the number on the ballot paper, and if the number on the envelope and the number on the ballot paper agree, he shall" and ",but if the number on the envelope and the number on the ballot paper do not agree, the Seanad returning officer shall fasten such ballot paper and such envelope together and mark them 'rejected'" from Rule 17 of the Third Schedule;

( s ) the deletion of "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" from Rule 28 of the Third Schedule; and

( t ) the deletion of paragraphs (b) and (e) of Rule 4, paragraphs (g), (h) and (i) of Rule 14, and Rule 35 of the First Schedule; and paragraphs (b) and (e) of Rule 4, paragraphs (f) and (g) of Rule 13, and Rule 31 of the Third Schedule.

 

7 Amendment of Electoral Act, 1963.

7.—The Electoral Act, 1963, is hereby amended by the substitution of the following for the Fourth Schedule thereto, as amended by section 2 of the Referendum (Amendment) Act, 1968:

"FOURTH SCHEDULE

PART I

FORM OF BALLOT PAPER AT CONSTITUTIONAL REFERENDUM.

(Front of Paper)

 

 

NOTE:—The back of each ballot paper shall be numbered consecutively and the back of the counterfoil attached to it is to bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility.

PART II

FORMS OF BALLOT PAPERS AT ORDINARY REFERENDA.

1.

FORM OF BALLOT PAPER WHERE ONE REFERENDUM ONLY IS BEING TAKEN.

(Front of Paper)

 

(Back of Paper)

 

No. ................................................................................... Constituency of ................................................................

Reifreann i dtaobh an togra go ......................... Referendum on proposal that ...........................

...................................................................... ......................................................................

...................................................................... ......................................................................

 

__________________

Note:—The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it shall bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility.

___________________

2.

FORM OF BALLOT PAPER WHERE TWO OR MORE REFERENDA ARE BEING TAKEN ON THE SAME DAY.

(Front of Paper)

 

 

 

(Back of Paper)

 

 

No. ............................................................... Constituency of ..............................................

Reifreann i dtaobh na dtograí seo a leanas:— Referenda on the following proposals:—

1. .................................................................. 1. ..................................................................

    ..................................................................     ..................................................................

2. .................................................................. 2. ..................................................................

    ..................................................................     ..................................................................

3. .................................................................. 3. ..................................................................

    ..................................................................     ..................................................................

 

Note:—The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it shall bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility.".

 

8 Short title and collective citations.

8.—(1) This Act may be cited as the Electoral (Amendment) Act, 1972.

(2) The Electoral Acts, 1923 to 1969, and section 1 of this Act may be cited together as the Electoral Acts, 1923 to 1972.

(3) The Presidential Elections Acts, 1937 to 1963, and section 3 of this Act may be cited together as the Presidential Elections Acts, 1937 to 1972.

(4) The Referendum Acts, 1942 to 1968, and sections 4, 5 and 7 of this Act may be cited together as the Referendum Acts, 1942 to 1972.

(5) The Seanad Electoral (Panel Members) Acts, 1947 and 1954, and section 6 of this Act may be cited together as the Seanad Electoral (Panel Members) Acts, 1947 to 1972.

(6) The Seanad Electoral (University Members) Act, 1937, and section 2 of this Act may be cited together as the Seanad Electoral (University Members) Acts, 1937 and 1972.

 

 


Number 23 of 1972.

 

No. 23/1972: REFERENDUM (AMENDMENT) ACT, 1972.

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1972.

[11th November, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

 

1 Constitutional referenda in relation to Fourth Amendment of the Constitution Bill, 1972, and Fifth Amendment of the Constitution Bill, 1972.

1.—At a constitutional referendum in relation to the Fourth Amendment of the Constitution Bill, 1972, and at a constitutional referendum in relation to the Fifth Amendment of the Constitution Bill, 1972—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters list for such constituency,

( c ) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statement referred to paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent.

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section.

( e ) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that no referendum shall be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph (5)—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, the presiding officer—

  (i) shall read out to the voter such statement of the proposal which is the subject of the referendum as is set out in paragraph 1 of the Appendix to section 1 of the Referendum (Amendment) Act, 1972,

  (ii) shall then ask the voter 'Which do you wish to do-to vote in favour of the proposal to change the Constitution? or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction."

APPENDIX

1. You may vote at the Referenda on two proposals:—

GREEN BALLOT PAPER

The Forth Amendment of the Constitution Bill, 1972, proposes to reduce the minimum voting age at Dáil and Presidential elections and Referenda from 21 years to 18 years.

WHITE BALLOT PAPER

The Fifth Amendment of the Constitution Bill, 1972, proposes to delete subsections 2º and 3º of Article 44.1 of the Constitution which provide as follows:

2º The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.

3º The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

If the proposal is approved Article 44 would provide as follows:

Religion.

Article 44.

1. The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.

2. 1º Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

2º The State guarantees not to endow any religion.

3º The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

4º Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.

5º Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.

6º The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.

2. If you APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word YES on the paper.

3. If you DO NOT APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word NO on the paper.

4. Copies of the Bills can be inspected free of charge and purchased for two and a half pence each at any Post Office.

 

2 Short title, collective citation and construction.

2.—(1) This Act may be cited as the Referendum (Amendment)Act, 1972.

(2) The collective citation, the Referendum Acts, 1942 to 1972, shall include this Act.

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1972.


Number 34 of 1968.

 

No. 34/1968: REFERENDUM (AMENDMENT) ACT, 1968.

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1963.

[6th August, 1968.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

 

1 Constitutional referenda in relation to Third Amendment of the Constitution Bill, 1968, and Fourth Amendment of the Constitution Bill, 1968.

1.—At a constitutional referendum in relation to the Third Amendment of the Constitution Bill, 1968, and at a constitutional referendum in relation to the Fourth Amendment of the Constitution Bill, 1968—

( a ) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters list for such constituency,

( c ) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statement referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

( e ) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that no referendum shall be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

( f ) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph (5)—

"(5) ( a ) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter 'Do you approve of or do you object to that Bill becoming law?' and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

( b ) Where the voter fails to understand the import of the said question, the presiding officer—

  (i) shall read out to the voter such summary of the proposal which is the subject of the referendum as is contained in the statement set out in the Appendix to section 1 of the Referendum (Amendment) Act, 1968,

  (ii) shall then ask the voter 'Which do you wish to do-to vote in favour of the proposal to change the Constitution? or to vote against the proposal to change the Constitution?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction."

APPENDIX

1. You may vote at the Referenda on two proposals:—

WHITE BALLOT PAPER

THE THIRD AMENDMENT OF THE CONSTITUTION BILL, 1968, proposes that in forming Dáil constituencies, the population per deputy in any case may not be greater or less than the national average by more than one-sixth and that regard must be had to the extent and accessibility of constituencies, the need for having convenient areas of representation and the desirability of avoiding the overlapping of county boundaries.

GREEN BALLOT PAPER

THE FOURTH AMENDMENT OF THE CONSTITUTION BILL, 1968, proposes— (1) To substitute for the present system of voting at Dáil elections the "straight vote" system in single member constituencies; (2) To establish a Commission to determine constituencies, subject to the right of the Dáil to amend the constituencies as so determined; and (3) To provide that whenever the Dáil is dissolved the outgoing Ceann Comhairle may be returned, without a contest, as a second deputy for a constituency chosen by him which consists of, or includes a part of, the constituency he represented before the dissolution.

2. If you APPROVE of the proposals in the Bill to which the ballot paper relates, mark X opposite the word YES on the paper.

3. If you DO NOT APPROVE of the proposals in the Bill to which the ballot paper relates, mark X opposite the word NO on the paper.

4. Copies of the Bills can be inspected and purchased for sixpence each at any Post Office.

 

2 Amendment of Fourth Schedule to Electoral Act, 1963.

2.—The Fourth Schedule to the Electoral Act, 1963, is hereby amended by the substitution for Part I of the following Part—

"PART I

FORM OF BALLOT PAPER AT CONSTITUTIONAL REFERENDUM

(Front of Paper)

 

 

Note:—The back of each ballot paper shall be numbered consecutively and the back of the counterfoil attached to it is to bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility."

 

3 Short title, collective citation and construction.

3.—(1) This Act may be cited as the Referendum (Amendment) Act, 1968.

(2) The Referendum Acts, 1942, to 1963, and this Act may be cited together as the Referendum Acts,

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1963.


Number 19 of 1963.

 

No. 19/1963: ELECTORAL ACT, 1963.

____________________________

AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS, 1923 TO 1961, THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1960, THE REFERENDUM ACTS, 1942 TO 1960, THE PREVENTION OF ELECTORAL ABUSES ACT, 1923, AND THE ACTS RELATING TO LOCAL ELECTIONS AND TO PROVIDE FOR RELATED MATTERS.

[12th July, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

PRELIMINARY AND GENERAL

 

1 Short title, commencement and collective citations.

1.—(1) This Act may be cited as the Electoral Act, 1963.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(3) The Electoral Acts, 1923 to 1961, and Parts I, II, III and VIII of and the First and Second Schedules to this Act may be cited together as the Electoral Acts, 1923 to 1963.

(4) The Presidential Elections Acts, 1937 to 1960, and Parts I, IV and VIII of and the First and Third Schedules to this Act may be cited together as the Presidential Elections Acts, 1937 to 1963.

(5) The Referendum Acts, 1942 to 1960, and Parts I, V and VIII of and the First and Fourth Schedules to this Act may be cited together as the Referendum Acts, 1942 to 1963.

 

2 Interpretation generally.

2.—(1) In this Act "the Minister" means the Minister for Local Government.

(2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that Act as amended by or under any other enactment, including this Act.

 

3 Repeals.

3.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

PART II

FRANCHISE AND REGISTRATION

 

4 Interpretation and construction (Parts II and III and Second Schedule).

4.—(1) In this Part and Part III of this Act "the Principal Act" means the Electoral Act, 1923.

(2) The Electoral Acts, 1923 to 1961, and this Part and Part III of and the Second Schedule to this Act shall be construed together as one Act.

 

5 Franchise.

5.—(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of twenty-one years and he was, on the qualifying date—

( a ) a citizen of Ireland, and

( b ) ordinarily resident in that constituency.

(2) ( a ) A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age of twenty-one years and—

(i) he was, on the qualifying date, ordinarily resident in that area, or

(ii) he has, during the whole of the period of six months ending on the qualifying date, occupied, as owner or tenant, any land or premises in that area.

( b ) For the purposes of this subsection—

(i) where two or more persons jointly occupy land or premises, each such person shall be treated as occupying the land or premises, subject to the proviso that not more than two persons shall be entitled to be registered in respect of the same land or premises, unless they are bona fide engaged as partners carrying on their profession, trade or business on the land or premises,

(ii) the occupation of a dwellinghouse shall be deemed not to be interrupted by reason only of permission being given by letting or otherwise for the occupation of the dwellinghouse as a furnished dwellinghouse by some other person for part or parts of the qualifying period not exceeding four months in the whole.

( c ) Where, for the purpose of registration as a local government elector in a county, county borough, borough, urban district or town, a person has more than one property (that is to say, land or premises)—

(i) he may, not later than the last day for making claims for registration, nominate the one for which he wishes to be registered by giving notice to the registration authority, stating the addresses of the properties and the one for which he wishes to be registered, and he shall be registered accordingly;

(ii) where he does not so nominate and one of the properties is his residence situate in a county borough, borough, urban district or town, he shall be registered in respect of his residence;

(iii) in any other case, he shall be registered in respect of such one of the properties as the registration authority may decide.

( d ) The registration authority shall make such alterations and corrections in the draft register as they think necessary—

(i) in order to secure that no person is registered more than once as a local government elector in a county borough, borough, urban district or town or in an administrative county exclusive of any borough, urban district or town therein, and

(ii) having regard to paragraph (c) of this subsection.

( e ) In this subsection—

"local electoral area" means the area or any of the areas (as may be appropriate) by reference to which a local election is held;

"local government elector" means a person entitled to vote at a local election.

(3) ( a ) Where, not later than the last day for making claims for registration, an elector who is a whole time member of the Defence Forces furnishes a statement of the premises in which, but for his service, he would be ordinarily resident on the qualifying date to the registration authority for the registration area in which those premises are situate, the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises.

( b ) (i) In this subsection "a whole time member of the Defence Forces" means—

  (I) a member of the Permanent Defence Force, or

  (II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954, or

  (III) a reservist called out on permanent service.

(ii) In the foregoing subparagraph "the Permanent Defence Force", "officer", "the Reserve Defence Force", "proclamation authorising the calling out of reservists on permanent service" and "reservist" have the same meanings respectively as they have in the Defence Act, 1954.

(4) For the purposes of this section—

( a ) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up,

( b ) a written statement 'by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be conclusive evidence of that fact.

(5) Where—

(i) on the qualifying date, a person is a patient or inmate in any hospital, sanatorium, county home, home for persons suffering from physical or mental disability or similar institution or is detained in any premises in legal custody, and

(ii) in the case of a person who is such a patient or inmate, he is not—

(I) a person in employment in the hospital, sanatorium, county home, home for persons suffering from physical or mental disability or similar institution who is resident therein for the purposes of such employment, or

(II) a person who, in the opinion of the registration authority, will continue for an indefinite period to be such a patient or inmate,

he shall be deemed for the purposes of this section to be resident in the place where he would have been residing but for his having been such a patient or inmate or having been so detained in legal custody.

(6) ( a ) The qualifying date for every register of electors shall be such date as may be specified by regulations made by the Minister.

( b ) For the purposes of this section, a person's age shall be taken to be that person's age on such date as may be specified by regulations made by the Minister.

( c ) Where regulations specifying the date referred to in paragraph (a) or paragraph (b) of this subsection are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

 

6 Register of electors.

6.—(1) A register by reference to registration areas consisting of administrative counties and county boroughs shall be prepared and published in every year of persons who were entitled to be registered as electors on the qualifying date and, in so far as it relates to Dáil electors, the register shall be the register of Dáil electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors.

(2) Every register of electors shall come into force on such date as may be specified by regulations made by the Minister and shall remain in force until the day before the date on which the next register comes into force.

(3) Where regulations specifying the date referred to in subsection (2) of this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

 

7 Registration duties.

7.—(1) It shall be the duty of each council of a county and corporation of a county borough to prepare and publish the register of electors in accordance with regulations made by the Minister, after consultation with the Minister for Justice, and references in this Part of this Act to the registration authority shall be construed accordingly.

(2) In particular and without prejudice to the generality of subsection (1) of this section, regulations under this section may provide for all or any of the following matters:

( a ) furnishing by the corporations of boroughs which are not county boroughs and the councils of urban districts, to the councils of the counties in which such boroughs and urban districts are situate, of lists in the form of a draft register for the boroughs and urban districts,

( b ) identification, in draft registers, lists of claimants and registers of electors, of persons who are jurors and specification therein of places in respect of which persons are to be indicated as jurors,

( c ) making to and deciding by county registrars of claims for and objections to the entry of names in draft registers,

( d ) appointment of deputies for such registrars,

( e ) notification of decisions with respect to such claims and objections to the registration authority concerned,

( f ) the form of draft registers and registers of electors,

( g ) the inquiries to be made by the registration authorities,

( h ) the date of publication of registers of electors,

( i ) failure to publish registers of electors,

( j ) the fees to be charged for copies of draft registers and registers of electors,

( k ) specification of the substituted dates referred to in subsection (6) of this section.

(3) If any person, having been duly required pursuant to regulations under this section to give any information in his possession which the registration authority or county registrar may require for the purposes of their duties, fails to give the information or gives false information, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

(4) An elector shall be entered in the postal voters list if he is—

( a ) a member of the Garda Síochána, or

( b ) a whole time member of the Defence Forces (as defined in paragraph (b) of subsection (3) of section 5 of this Act).

(5) The registration authority shall, within such period after publication of the register of electors as may be specified by regulations under this section, ascertain if any corrections in the register of electors are necessary because of errors of a clerical or typographical nature and, if any such corrections are ascertained to be necessary, the registration authority shall publish a list of them within the said period and the list shall be deemed to form part of the register of electors.

(6) For each reference to a date contained in subsection (1) of section 13, subsections (3) and (4) of section 15 and subsection (2) of section 16 of the Juries Act, 1927, there shall be substituted a reference to such date as may be specified by regulations under this section as being substituted therefor.

(7) In subsection (6) of section 40 of the Court Officers Act, 1926, "under the regulations made pursuant to section 7 of the Electoral Act, 1963" shall be substituted for all words, from "as registration officer" to the end of the subsection.

(8) No person shall be entered more than once in a register of electors for a registration area as a juror.

(9) ( a ) The Minister shall procure all printing required for registration purposes to be done in such manner as he considers proper.

( b ) The Minister shall, by arrangements made with the sanction of the Minister for Finance, secure that the total cost of preparing and publishing the register of electors, shall be borne in approximately equal proportions by the State and by registration authorities.

(10) ( a ) Any person who, without lawful authority, wilfully destroys or mutilates any notice, draft register, copy of the register of electors or other document made available for public inspection in connection with the preparation of the register of electors shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

( b ) An offence under this subsection may be prosecuted by the authority which caused the notice, draft register, copy of the register of electors or other document to be made available for public inspection.

(11) A reference in any enactment to the electors lists shall be construed as a reference to the draft register prepared for the purposes of this section.

(12) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

 

8 Appeals.

8.—(1) An appeal shall lie to the Circuit Court from any decision on any claim or objection which has been considered under the regulations under section 7 of this Act.

(2) Subsection (1) of this section shall be subject to the proviso that an appeal shall not lie where a claimant or objector has not availed himself of an opportunity provided in the regulations under section 7 of this Act, of having his claim or objection decided in the first instance by the authority specified in that behalf in the regulations.

(3) An appeal to the Supreme Court shall lie on any point of law from a decision of the Circuit Court on any such appeal, but, save as aforesaid, there shall be no appeal from any such decision.

(4) The right of voting of any person whose name is for the time being on the register of 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 on the appeal.

(5) The qualification or liability of an appellant to serve as a juror shall not be affected by the fact that an appeal is pending under this section.

(6) Notice shall be sent to the registration authority in manner provided by rules of court of the decision of the Circuit Court or the Supreme Court on any appeal under this section, and the registration authority shall make such alterations in the register of electors as may be required to give effect to the decision.

PART III

CONDUCT AND COSTS OF DÁIL ELECTIONS

CHAPTER I

General.

 

9 "General Election", "Bye-Election" and "excluded day".

9.—(1) section 65 of the Principal Act is hereby amended by the substitution for the definitions of "General Election" and "Bye-Election" of the following definitions:

"The expression 'General Election' shall mean a general election for members of the Dáil held in accordance with subsection 2° of section 3 of Article 16 of the Constitution;

"The expression 'Bye-Election' shall mean an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution;".

(2) In this Part of this Act "excluded day" means any of the days which are specified in subsection (1) of section 60 of the Principal Act as days not to be reckoned.

 

10 Maximum duration of Dáil.

10.—The same Dáil shall not continue for a longer period than five years from the date of its first meeting.

 

11 Returning officers and assistant, deputy and acting returning officers.

11.—(1) The returning officer for a constituency shall be—

( a ) in case the whole of the constituency is situate in a county or county borough for which there is a sheriff—the sheriff,

( b ) in case part of the constituency is situate in a county borough and part in a county and there is a sheriff for the county borough and a sheriff for the county—such one of the sheriffs as the Minister appoints from time to time,

( c ) in any other case—the county registrar or, where part of the constituency has one county registrar and part another county registrar or parts other county registrars, such one of the county registrars as the Minister appoints from time to time.

(2) ( a ) Where a constituency does not consist of the whole or part of a county or county borough, the returning officer may appoint the appropriate officer to be assistant returning officer for part of the constituency.

( b ) The exercise of the power conferred by the foregoing paragraph shall be obligatory if the appropriate officer requires its exercise.

( c ) In this subsection the "appropriate officer" means the county registrar for the county or county borough in which the part of the constituency is situate or if there is a sheriff for that county or county borough, such sheriff.

(3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall—

( a ) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes,

( b ) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes,

and he may include in any such appointment, if he so thinks proper, an appointment to receive nomination papers.

(4) A person shall not be appointed under subsection (3) of this section unless the appointment has been approved of by the Minister.

(5) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy.

(6) Where the 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 for the performance of those duties during the period of the prevention.

(7) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but if any doubt arises as to the duties of an assistant returning officer, the doubt shall be determined by the Minister.

(8) Any reference in this section to a county shall be construed as a reference to an administrative county.

(9) References in the Electoral Acts, 1923 to 1963, to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers.

(10) An appointment which was in operation immediately before the commencement of this section under paragraph (b) or paragraph (c) of subsection (1) of section 7 of the Electoral (Amendment) Act, 1961, (repealed by this Act) shall be deemed to be an appointment under paragraph (b) or paragraph (c) (as may be appropriate) of subsection (1) of this section.

 

12 Issue and return of writs.

12.—(1) Where the Dáil is dissolved, the Clerk of Dáil Éireann shall, immediately upon the issue of the Proclamation dissolving the Dáil, issue a writ to each returning officer for a constituency directing him to cause an election to be held of the full number of members of the Dáil to serve in the Dáil for that constituency.

(2) Where a vacancy occurs in the membership of the Dáil by a person ceasing to be a member otherwise than in consequence of a dissolution, the Chairman of Dáil Éireann (or, where he is unable through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Dáil Éireann) shall, as soon as he is directed by the Dáil so to do, direct the Clerk of Dáil Éireann to issue a writ to the returning officer for the constituency in the representation of which the vacancy has occurred directing the returning officer to cause an election to be held of a member of the Dáil to fill the vacancy mentioned in the writ.

(3) If at any time there are two or more vacancies in the representation of any constituency in the Dáil and the Clerk of Dáil Éireann is directed on the same day to issue writs for the election of members to fill all or more than one of the vacancies, the Clerk of Dáil Éireann shall issue only one writ to the returning officer for the constituency and shall by the writ direct him to hold one election to fill all the vacancies mentioned in the writ in the representation of the constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in the writ.

(4) ( a ) The return of a member or members to serve in the Dáil shall be made by a certificate of his name or their names endorsed on the writ for the constituency concerned under the hand of the returning officer.

( b ) The returning officer shall as soon as possible after the ascertainment of the result of the election deliver the return to the Clerk of Dáil Éireann and may for that purpose, if he so thinks fit, dispatch it by registered post.

( c ) A return so dispatched shall be transmitted to the Clerk of Dáil Éireann free of charge by the earliest practicable post.

(5) Where an outgoing Chairman of Dáil Éireann within the meaning of section 14 of this Act is deemed by virtue of that section to be elected at a general election as a member of the Dáil—

( a ) the writ issued to the returning officer for the constituency for which he is so deemed to be elected shall be so worded that it directs the returning officer to cause an election to be held of one less than the full number of members of the Dáil for the constituency;

( b ) at the time of issuing the writ or as soon as may be thereafter, the Clerk of Dáil Éireann shall send to the returning officer and shall publish in Irish Oifigiúil a certificate certifying that the outgoing Chairman of Dáil Éireann did not announce to the Dáil before the dissolution thereof that he did not desire to become a member of the Dáil at the general election consequent on the dissolution;

( c ) the returning officer shall, in the public notice given by him under Rule 43 of Part I of the Fifth Schedule to The Principal Act, include the name of the outgoing Chairman of Dáil Éireann among the names of the candidates elected for the constituency.

(6) A writ issued under this section shall be in the appropriate form specified in Part I of the Second Schedule to this Act, shall be dispatched by registered post to the returning officer and shall be transmitted free of charge by the earliest practicable post, and the returning officer, immediately after receiving the writ, shall acknowledge by telegram its receipt.

(7) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Dáil Éireann shall carry out the duties under this section of the Clerk of Dáil Éireann.

 

13 Register of Political Parties.

13.—(1) ( a ) The person who for the time being holds the office of Clerk of Dáil Éireann shall be the Registrar of Political Parties for the purposes of this section.

( b ) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Dáil Éireann shall act as Registrar of Political Parties for the purposes of this section.

( c ) In the subsequent subsections of this section, "the Registrar" means the Registrar of Political Parties for the purposes of this section or the Clerk-Assistant of Dáil Éireann acting as such Registrar (as may be appropriate).

(2) The Registrar shall prepare and maintain a register (to be known as the Register of Political Parties) in which, subject to the subsequent provisions of this section, he shall register any political party—

( a ) which applies to him for registration, and

( b ) which is in his opinion,—

(i) a genuine political party, and

(ii) is organised to contest a Dáil election or a local election.

(3) The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein:

( a ) the name of the party,

( b ) the address of the party's headquarters,

( c ) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidature of candidates o£ the party at elections.

(4) Immediately on setting up the Register of Political Parties, the Registrar shall register therein the parties then represented in the Dáil by the names by which they are commonly known and shall complete each such registration by inserting the particulars referred to in paragraphs (b)and (c)of subsection (3) of this section on being informed thereof.

(5) A political party shall not be registered in the Register of Political Parties if its name—

( a ) is identical with the name of any party already registered in the Register of Political Parties or, in the opinion of the Registrar, so nearly resembles such name as to be calculated to mislead, confuse or deceive,

( b ) is, in the opinion of the Registrar, unnecessarily long, or

( c ) in the case of a party operating in relation to a particular part only of the State, does not include such reference to that part as, in the opinion of the Registrar, distinguishes the party as so operating.

(6) A political party registered in the Register of Political Parties shall from time to time keep the Registrar informed as to the name or names of the officer or officers referred to in paragraph (c) of subsection (3) of this section.

(7) The Registrar shall, with respect to each party registered in the Register of Political Parties, enquire at least once in each year, by letter sent by post to an officer of the party referred to in paragraph (c) of subsection (3) of this section, whether the party desires to remain registered and, unless he receives an affirmative reply to such an enquiry within twenty-one days from, the date of the posting of the letter containing the enquiry, he shall cancel the registration of the party concerned.

(8) ( a ) Any doubt, dispute or question which may arise in connection with the Register of Political Parties shall be decided by an appeal board.

( b ) The appeal board shall consist of a Judge of the High Court (to be nominated by the President of the High Court), who shall be chairman, the Chairman of Dáil Éireann (or, where he is unable, through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Dáil Éireann) and the Chairman of Seanad Éireann, (or, where he is unable, through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Seanad Éireann).

( c ) A decision of the appeal board shall be complied with by the Registrar.

(9) On the third day (disregarding any excluded day) after the day of the issuing under section 12 of this Act of a writ or writs, the Registrar shall send to the returning officer or each returning officer a copy of the Register of Political Parties.

(10) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this section.

 

14 Re-election of outgoing Chairman of Dáil Éireann.

14.—(1) Where the Dáil is dissolved and the outgoing Chairman of Dáil Éireann has not announced to the Dáil before the dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution, he shall be deemed without any actual election to be elected at such general election as a member of the Dáil for—

( a ) the constituency for which he was a member of the Dáil immediately before the dissolution, or

( b ) if a revision of constituencies takes effect on the dissolution, the constituency declared on the revision to correspond to the constituency mentioned in the foregoing paragraph.

(2) Where an outgoing Chairman of Dáil Éireann is deemed by virtue of this section to be elected at a general election as a member of the Dáil for a particular constituency, the number of members actually elected at that general election for that constituency shall be one less than would otherwise be required.

(3) In this section "outgoing Chairman of Dáil Éireann" means a person who, immediately before the dissolution of the Dáil in relation to which the expression is used, was the Chairman of Dáil Éireann.

 

15 Specification by regulations of certain forms.

15.—(1) The Minister may by regulations specify the forms named in subsection (2) of this section and, where any such regulations are for the time being in force, each form specified thereby shall stand substituted in the Fifth Schedule to The Principal Act for the corresponding form specified in that Schedule.

(2) The forms referred to in subsection (1) of this section are the following forms in Part III of the Fifth Schedule to the Principal Act:

( a ) form 4 (notice of election),

( b ) form 5 (nomination paper),

( c ) form 10 (notice of result of election and of transfer of votes).

(3) Regulations under this section which specify the form of nomination paper may, if the Minister so thinks proper, include in the form—

( a ) a note of the qualifications, disqualifications and incapacities for election to and membership of Dáil Éireann,

( b ) a form of declaration, to be signed by the candidate or his proposer, that he has read the note and believes himself or the candidate (as may be appropriate) to be eligible for election,

and if any person makes a declaration such as aforesaid pursuant to regulations under this section in a case in which he or the candidate (as may be appropriate) is not eligible for election, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds or, at the, discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) In a prosecution for an offence under this section, 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.

 

16 Ballot paper.

16.—(1) The following section is hereby substituted for section 26 of the Principal Act:

"26. Votes at a Dáil election shall be given by ballot, and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) in form 5A in Part III of the Fifth Schedule to this Act."

(2) The form and directions set out in Part II of the Second Schedule to this Act are hereby inserted in Part III of the Fifth Schedule to The Principal Act after form 5, and the returning officer shall comply with such directions.

 

17 Destruction, etc. of ballot boxes or ballot papers.

17.—If at the poll at a Dáil election any ballot boxes or ballot papers are taken out of the custody of the returning officer or a presiding officer or are in any way tampered with or are either accidentally or intentionally destroyed or (in the case of ballot papers) are maliciously torn or defaced, the following provisions shall have effect:

( a ) the polling at every polling place at which any of the ballot boxes or ballot papers were used shall be void;

( b ) the returning officer shall forthwith inform the Minister 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 place;

( d ) a fresh poll shall be taken at every such polling place in accordance with the directions given by the Minister;

( e ) the Electoral Acts, 1923 to 1963, shall apply in respect of such fresh poll in like manner as they apply to the original poll.

CHAPTER II

Nominations.

 

18 Last day for receiving nominations.

18.—At a Dáil election the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the writ or writs for the election is or are issued.

 

19 Procedure after nominations.

19.—(1) The following section is hereby substituted for section 19 of the Principal Act:

"19.—(1) If, at 12 noon on the day after the last day for receiving nominations, no more candidates stand nominated than there are vacancies to be filled, the returning officer shall forthwith declare the candidates standing nominated to be elected and return their names to the Clerk of Dáil Éireann; but if, at that hour, more candidates stand nominated than there are vacancies to be filled, the returning officer shall adjourn the election and shall take a poll in the manner directed by this Act.

(2) If an election is adjourned for the purpose of taking a poll the returning officer shall, as soon as practicable after the adjournment, give public notice of—

( a ) the day on which and the hours during which the poll shall be taken,

( b ) the names and descriptions of the candidates as entered in their nomination papers, and of the proposers, if any,

( c ) the order in which the names of the candidates will appear in the ballot papers."

(2) Paragraph (1) of Rule 3 of the Fourth Schedule to The Principal Act is hereby amended by the insertion of "the day after" before "the last day".

 

20 Deposit by candidates.

20.—The following section is hereby substituted for section 20 of the Principal Act:

"20.—(1) A candidate at a Dáil election, or someone on his behalf, shall deposit with the returning officer before the expiration of the time appointed for receiving nominations the sum of one hundred pounds, and, if he fails to do so, his candidature shall be deemed to be withdrawn.

(2) The deposit may be made by the deposit of any legal tender or, with the consent of the returning officer, in any other manner.

(3) If after a deposit is made the candidature is withdrawn or the nomination paper is deemed to be invalid, the deposit shall be returned to the person by whom the deposit was made, and if the candidate dies after the deposit is made, and before the poll is closed, the deposit, if made by him, shall be returned to his legal personal representative, or if not made by him, shall be returned to the person by whom the deposit was made.

(4) If a candidate is not elected, the deposit made by him or on his behalf shall be returned to the person by whom the deposit was made as soon as practicable after the result of the election is declared, unless the number of votes polled by the candidate does not exceed one-third of the quota as ascertained in accordance with the Rules contained in the Third Schedule to this Act, and in such case the deposit shall be forfeited to the State. For the purposes of this subsection the number of votes polled by a candidate shall be deemed to be the greatest number of votes at any time credited to him in accordance with the Rules contained in the Third Schedule to this Act.

(5) If a candidate is elected, the deposit made by him or on his behalf shall be returned to the person by whom the deposit was made as soon as practicable after the result of the election is declared.

(6) If a candidate is nominated at a general election in more than one constituency, he shall in no case be entitled to have more than one deposit returned to him, and if but for this subsection he would be entitled under this section to have more than one deposit returned to him, only such one as the Minister for Finance shall direct of the deposits shall be returned to him, and the other deposit or deposits shall be forfeited to the State."

 

21 Amendment of Rules 1 to 12 of Part I of Fifth Schedule to Principal Act.

21.—(1) The following Rules shall be substituted for Rules 1 to 12 of Part I of the Fifth Schedule to the Principal Act:

Notice of election.

"1. (1) The returning officer shall, within two days after the day on which he receives the writ, give public notice in the form specified by regulations made by the Minister of—

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

( b ) the times and place at which he will attend to receive nomination papers; and

( c ) the day on which (if the election is contested) the poll will be taken.

(2) The returning officer shall send one copy of such public notice by post to the postmaster of the principal post office for each polling district in the constituency in an envelope endorsed with the words 'Notice of Election', and such notice so endorsed shall be forwarded and delivered by post free of charge, and each postmaster to whom a copy of such notice is sent shall upon receipt thereof forthwith publish it in the manner in which post office notices are usually published.

Necessity for nomination.

2. A person shall not be entitled to have his name inserted in a ballot paper as a candidate at a Dáil election unless he has been nominated in manner provided by these Rules and his nomination paper has been ruled as valid by the returning officer.

Nominations.

3. A person may nominate himself as a candidate for election to the Dáil or may, with his consent, be nominated by another person (being a person registered as a Dáil elector in the constituency for which he proposes to nominate the candidate) as proposer.

Nomination to be in writing and specified form.

4. Each nomination shall be in writing and in the form specified by regulations made by the Minister.

Supply of nomination forms.

5. The returning officer shall arrange for the supply of nomination forms during the usual office hours, at such place as is named in that behalf in the Notice of Election, on each day between the publication of that notice and up to 12 noon on the last day for receiving nominations, but the use of a form supplied by the returning officer shall not be obligatory so long as the nomination paper used is in the specified form.

Delivery of nomination papers.

6. (1) Nomination papers shall be delivered to the returning officer by the candidate or his proposer not earlier than the second day after the publication of the Notice of Election under Rule 1 hereof and not later than 12 noon on the last day for receiving nominations.

(2) The delivery shall be made by the candidate in person but, if the candidate is proposed by another person, it may be made either as aforesaid or by the proposer.

(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the Notice of Election under Rule 1 hereof 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 before the last day for receiving nominations and between the hours of 10 a.m. and 12 noon on such last day.

(4) The candidate nominated by each nomination paper and his proposer, if any, and one other person selected by the candidate or his proposer, as the case may be, and no other person whatsoever except with the permission of the returning officer shall be entitled to attend while a nomination paper is being ruled upon by the returning officer.

Selection of nomination papers.

7. 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 in a constituency shall be deemed to be the nomination of that candidate for that constituency.

Description of candidate.

8. The names, address and occupation (if any) of each candidate shall be stated on his nomination paper and his surname shall come first in the statement of his names.

Ruling on nomination papers.

9. (1) The returning officer shall rule on the validity of a nomination paper within one hour after its delivery and may rule that it is invalid if, but only if, he considers that it is not properly made out or subscribed.

(2) 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.

(3) (a) 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 provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form specified by regulations made by the Minister 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 paragraph (c) of subsection (3) of section 13 of the Electoral Act, 1963. 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 party, as shown in the nomination paper, to be specified in relation to the candidate on all the ballot papers and on notices.

( b ) 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.

( c ) Any reference in the foregoing subparagraphs 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 subsection (9) of section 13 of the Electoral Act, 1963.

(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 decides that the paper is invalid, he shall include a statement of his reasons. His decision, if it rules that the nomination paper is valid, shall be final and, if it rules that the nomination paper is invalid, shall be subject to reversal on petition questioning the election or return.

(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 decision to the candidate.

(6) Nothing in this Rule shall prevent the nomination or election of any candidate being questioned by petition questioning the election.

Publication of names of candidates.

The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, placard in a conspicuous position outside the place at which he is receiving nominations the name and description of the person nominated in the paper and the name and address of his proposer, if any.

Withdrawal of nominations.

11. (1) A candidate may before 12 noon on the day after the last day for receiving nominations, but not afterwards, withdraw from his candidature by delivering or having his proposer deliver a notice to that effect, signed by him, to the returning officer.

(2) In a case in which the returning officer is satisfied that a candidate is unable to attend and wishes to withdraw his candidature, withdrawal may be effected by furnishing, before the said hour, a notice to that effect, signed by the candidate and the person presenting the notice, to the returning officer.

Publication of withdrawal.

12. The returning officer shall, immediately on the withdrawal, give public notice of a withdrawn candidate (and, in the case of a withdrawn candidate whose nomination paper was subscribed by another person, of the name of the other person)."

(2) Where a person Produces to a returning officer a certificate such as is referred to in paragraph (3) of Rule 9 of Part I of the Fifth Schedule to The Principal Act which that person knows to be forged, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3) ( a ) A person shall not—

(i) nominate another person for election to the Dáil, or

(ii) withdraw the candidature of another person for election to the Dáil, save with the consent of that person.

( b ) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

CHAPTER III

The Poll.

[ Polling districts and polling places.

22.—(1) The council of a county or corporation of a county borough may, after consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections and elections of members of local authorities within the meaning of Part VI of this Act and appointing a polling place for each polling district.

(2) A scheme under this section made by the council of a county or corporation of a county borough shall come into operation—

( a ) if, but only if, it is confirmed by order under the next subsection, and

( b ) on the day specified in that behalf in such order.

(3) As soon as may be after they have made a scheme under this section, the council of a county or corporation of a county borough shall submit the scheme to the Minister for confirmation and the Minister shall by order confirm the scheme with or without modification or refuse to confirm it.

(4) A scheme in force under this section may, and shall if the Minister so directs, be revoked or amended by a subsequent scheme under this section.

(5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting.

(6) Where the Minister, either of his own motion or on representation made to him, becomes satisfied that the polling districts or polling places (or any of them) named in a scheme in force under this section do not meet the reasonable requirements of the electors, the Minister may require the council of a county or corporation of a county borough concerned to amend the scheme as he considers proper and, if they do not do so within one month, the Minister may himself amend the scheme by a further scheme.

(7) The making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1955, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(8) Until the first scheme made under this section by the council of a county or corporation of a county borough comes into operation, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue, and after the coming into operation of such first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section.

(9) Rule 13 of Part I of the Fifth Schedule to The Principal Act is hereby amended by the addition thereto of "but the foregoing Provisions of this Rule shall be subject to the proviso that, where by reason of any difficulty, a polling station or a sufficient number of polling stations can be provided at the appointed polling place, the returning officer may provide a polling station or polling stations at any other convenient place".

(10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations.

[ Polling cards.

23.—(1) Where a poll is to be taken at a Dáil election in a constituency, the returning officer shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list a card (in this section referred to as a polling card) in the form specified by regulations made by the Minister informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote.

(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil 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 dispatched by post and shall be transmitted free of charge by the earliest practicable post.

(4) Expenses incurred by a returning officer in complying with this section shall be expenses incurred by him for the purposes of the election within the meaning of section 25 of the Principal Act.

(5) No election shall be invalidated by reason of any failure to send, non-delivery of or error or misstatement in, a polling card.

(6) No action or other proceeding shall lie against a returning officer in respect of any error or misstatement in a polling card.

[ Times of poll.

24.—(1) A poll at a Dáil election—

( a ) shall be taken on such day as shall be appointed by the Minister by order, being a day during the period which consists of the nine days (disregarding any excluded day) next following the period which consists of the seven days (disregarding any excluded day) next following the last day for receiving nominations, and

( b ) shall 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, in the case of a general election, he shall fix the same period for all constituencies.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

[ Presiding officers and poll clerks.

25.—(1) The following section is hereby substituted for section 35 of the Principal Act:

"35 (1) The returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer.

(2) The returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering the candidature of any candidate at the election.

(3) The 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 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.

(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the agents of the candidates, companions of 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, and members of the Garda Síochána on duty.

(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person."

(2) Section 36 of the Principal Act is hereby amended by the substitution of "any presiding officer" for "his deputy" in both places where the latter words occur.

[ Right to vote.

26.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being, in force for a constituency, and no other person, shall be entitled to vote at the poll at a Dáil election in that constituency.

(2) For the purposes of this section—

( a ) a person's name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person's name,

( b ) the returning officer or presiding officer may and, if so required on behalf of any candidate, shall put to any person at the time of his applying for a ballot paper, but not afterwards, the following questions, or any one or two of them:

(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of........................................................................?

(ii) Have you already voted at this election?

(iii) Had you reached the age of twenty-one years on....................................................................................... (date of coming into force of the register)?

and unless such of those questions as are put to the person are answered, in the case of the first and third 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 returning officer or presiding officer may and, if so required on behalf of any candidate, shall administer to any person at the time of his applying 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 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 twenty-one years on....................... (date of coming into force of the register)."

  and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

(3) Save as is provided by this section and by Rule 24 of Part I of the Fifth Schedule to The Principal Act, no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a Dáil election as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or presiding officer.

(4) ( a ) A person—

(i) who is registered in the register of Dáil electors for the time being in force for a constituency but is not entitled to be so registered, or

(ii) who is not registered in that register,

shall not vote at the poll at a Dáil election in that constituency.

( b ) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.

[ Voting by blind, incapacitated, and illiterate persons.

27.—(1) The following Rule is hereby substituted for Rule 24 of Part I of the Fifth Schedule to the Principal Act:

"24. (1) ( a ) If any elector 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.

( b ) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector 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 elector refuses to take the oath or make the affirmation, this Rule shall not apply.

(2) ( a ) Where this Rule applies in the case of an 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 subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall forthwith place it so marked in the ballot box.

( b ) The presiding officer may, and, if requested by an agent of a candidate, 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 the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.

(3) Where this Rule applies and—

( a ) the elector is illiterate, or

( b ) the elector does not request that his ballot paper shall be marked for him by a companion, or

( c ) the elector having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,

the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall forthwith place the ballot paper so marked in the ballot box.

(4) A request made by an elector within four hours before the hour fixed for the closing 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 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 electors.

(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule the presiding officer may assist the elector by reading out in full from the ballot paper, as respects each candidate, the particulars stated in respect of him, but he shall not act on any written instruction."

(2) ( a ) Where, pursuant to paragraph (2) of Rule 24 of Part I of the Fifth Schedule to The Principal Act, a person has marked as a companion two ballot papers at an election, he shall not, at that election, mark as a companion any other ballot paper.

( b ) A person shall not, pursuant to paragraph (2) of Rule 24 of Part I of the Fifth Schedule to The Principal Act, mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.

( c ) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

[ Alleged personation.

28.—The following Rule is hereby substituted for Rule 25 of Part I of the Fifth Schedule to the Principal Act:

"25. If a person, representing himself to be a particular elector named on the register of electors, applies for a ballot paper after another person has been given a ballot paper as such elector, the applicant shall, upon duly answering the questions permitted by law to be asked of voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector and to put the ballot paper when marked into the ballot box, but the presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the names and numbers on the register of electors of the persons to whom they were issued."

[ Amendment of Principal Act as to official mark on ballot papers.

29.—"with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper" is hereby substituted for "on both sides with the official mark either stamped or perforated" in paragraph (2) of Rule 3 of the Fourth Schedule to The Principal Act and for "on both sides with the official mark, either stamped or perforated " in Rule 22 of Part I of the Filth Schedule thereto.

[ Duties of presiding officer at close of poll.

30.—The following rule is hereby substituted for Rule 27 of Part I of the Fifth Schedule to the Principal Act:

"27. The presiding officer shall, at the time fixed for the close of the poll, take steps to ensure that no further electors are admitted to the polling station and, subject to the proviso that an elector on the premises at that time shall be entitled to receive a ballot paper and to vote, the presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, seal each ballot box, unopened but with the key attached, so that no further papers can be inserted therein and make up into separate packets sealed with his seal—

( a ) the unused and spoilt ballot papers, placed together,

( b ) the marked copies of the register of electors, and

( c ) the counterfoils of the ballot papers,

and shall deliver all such ballot boxes and packets to the returning officer."

[ Secrecy.

31.—(1) Subsection (1) of section 28 of the Principal Act is hereby amended by the insertion of "and every member of the Garda Síochána and candidate so in attendance" after "at a polling station," and "or member of the Garda Síochána or candidate," after "no such officer, clerk or agent,".

(2) Subsection (2) of section 28 of the Principal Act is hereby amended by the insertion of "and every member of the Garda Síochána, candidate and person whose attendance is permitted by the returning officer" before "in attendance at the counting of the votes".

[ Death of candidate.

32.—(1) Where, at any time during the period beginning seventy-two hours before the adjournment of a Dáil election for the purpose of taking a poll and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate has died, the following provisions shall have effect:

( a ) the returning officer shall notify the Minister and the Clerk of Dáil Éireann 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 or consent 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 ) in the fresh election, the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day of the sending of the notification of the death of the candidate to the Minister;

( e ) the polling day at the fresh election shall be fixed by the Minister;

( f ) or the purpose of Rule 1 of Part I of the Fifth Schedule to The Principal Act in relation to the fresh election, the returning officer shall be deemed to have received the writ on the day after the day on which he sends notification of the death of the candidate to the Minister.

(2) Where, at any time after the commencement of the poll at a Dáil election 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 election in the constituency shall be disregarded and the ballot papers destroyed,

( b ) the returning officer shall notify the Minister and the Clerk of Dáil Éireann of the death of the candidate,

( c ) the provisions of paragraphs (b) to (f) of subsection (1) of this section shall apply.

(3) The death of a candidate at a Dáil election in circumstances other than those referred to in subsections (1) and (2) of this section 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, but he shall be deemed to have vacated his membership of the Dáil immediately after his election.

(4) Where a poll is countermanded under this section, all ballot papers issued to postal voters shall be disregarded and the returning officer shall destroy without opening all ballot papers received by him for inclusion in the countermanded poll.

[ Death of outgoing Chairman of Dáil Éireann.

33.—(1) Where an outgoing Chairman of Dáil Éireann within the meaning of section 14 of this Act who has not announced to the Dáil before its dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution dies after the dissolution and before the commencement of the poll in the constituency for which he is deemed by virtue of that section to be elected, the following provisions shall have effect:

( a ) if the outgoing Chairman of Dáil Éireann dies before the issue of the writ to the returning officer for the constituency, that section shall cease to have effect in respect of the general election;

( b ) if the outgoing Chairman of Dáil Éireann dies after the issue of the writ and before the commencement of the poll in the constituency—

(i) the Clerk of Dáil Éireann shall, upon being satisfied of the fact of the death, recall the writ and issue in lieu thereof to the returning officer a writ (in this paragraph referred to as the new writ) so worded that it directs him to cause an election to be held of the full number of members of Dáil Éireann for the constituency and he shall, at the same time as he issues the new writ, notify the Minister of its issue;

(ii) the returning officer shall, upon being satisfied of the death or upon receiving the new writ (whichever first happens), countermand the poll if notice thereof has been given;

(iii) all the proceedings for the election shall be commenced afresh;

(iv) in the fresh election—

  (I) the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the new writ is issued and the polling day shall be fixed by the Minister,

  (II) no fresh nomination or consent shall be necessary in respect of any candidate who stood nominated, in case there was a countermand of the poll under subparagraph (ii) of this paragraph, at the time of the countermand of the poll and, in any other case, at the time of the receipt by the returning officer of the new writ.

( c ) if the outgoing Chairman of Dáil Éireann dies after the commencement of the poll in the constituency and before the close of such poll—

(i) all votes cast at the election in the constituency shall be disregarded and the ballot papers destroyed,

(ii) the provisions of subparagraphs (i), (iii) and (iv) of paragraph (b) of this subsection shall apply.

(2) Where a poll is countermanded under this section, all ballot papers issued to postal voters shall be disregarded and the returning officer shall destroy without opening all ballot papers received by him for inclusion in the countermanded poll.

[ Advance polling on islands.

34.—(1) This section applies where—

( a ) a poll is to be taken at a Dáil election in a constituency, and

( b ) the returning officer 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—

(i) the poll could not be taken an the polling day appointed by the Minister, or

(ii) 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 hour of 9 a.m. on the day next after the polling day.

(2) There this section applies, the 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 earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in The Principal Act, have effect:

( a ) the 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 polling 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 hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.

(3) No alteration shall be made in the form or contents of a notice of poll under section 19 of the Principal Act by reason of an alteration under this section of the day and hours of a poll.

[ Amendment of section 59 (b) of Principal Act.

35.—Paragraph (b) of section 59 of the Principal Act is hereby amended by the substitution of "law" for "this Act".

CHAPTER IV

The Count.

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

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

"2. Any ballot paper—

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

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

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

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

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

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

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

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

[ Amendment of Rule 6 of Third Schedule to Principal Act.

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

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

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

[ Amendment of Rule 10 of Third Schedule to Principal Act.

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

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

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

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

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

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

[ Amendment of Rules 29 to 33 of Part I of Fifth Schedule to Principal Act Candidates' agents.

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

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

Arrangements for counting of votes.

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

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

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

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

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

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

Persons to be present at counting.

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

Opening of ballot boxes

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

Counting of votes.

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

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

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

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

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

PART IV

PRESIDENTIAL ELECTIONS

[ Interpretation and construction (Part IV and Third Schedule).

43.—(1) In this Part of this Act "the Principal Act" means the Presidential Elections Act, 1937.

(2) The Presidential Elections Acts, 1937 to 1960, and this Part of and the Third Schedule to this Act shall be construed together as one Act.

[ Polling cards.

44.—(1) Where a poll is to be taken at a presidential election, the local returning officer for each constituency shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list a card (in this section referred to as a polling card) in the prescribed form informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote.

(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil 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 dispatched by post and shall be transmitted free of charge by the earliest practicable post.

(4) Expenses incurred by a local returning officer in complying with this section shall be expenses incurred by him for the purposes of the election within the meaning of section 21 of the Principal Act.

(5) No presidential election shall be invalidated by reason of any failure to send, non-delivery of, or error or misstatement in, a polling card.

(6) No action or other proceeding shall lie against a local returning officer in respect of any error or misstatement in a polling card.

[ Advance polling on islands.

45.—(1) This section applies where—

( a ) a poll is to be taken at a presidential election, and

( b ) a local returning officer 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—

(i) the poll could not be taken on the polling day appointed by the Minister, or

(ii) if the poll were taken on that day, the ballot boxes could not reach the place for the opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day.

(2) Where this section 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 earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in The Principal 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 polling 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 opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.

(3) No alteration shall be made in the form or contents of the notice of poll under Rule 3 of the First Schedule to The Principal Act by reason of an alteration made under this section of the day and hours of a poll.

[ Notification of name of President elect to certain persons.

46.—As soon as may be after the presidential returning officer at a presidential election has declared a candidate (in this section referred to as the President elect) to have been elected as President, the presidential returning officer shall, in the manner directed by the Government, inform the President, the President elect, the Taoiseach, the Chief Justice, the Chairman of Dáil Éireann, the Chairman of Seanad Éireann and the Secretary to the President, of the name and address of the President elect.

[ Amendment of sections 12, 13 and 14 of Principal Act.

47.—Sections 12, 13 and 14 of the Principal Act shall have effect subject to the following provisions:

( a ) the presidential returning officer shall be entitled to rule a nomination paper invalid if, but only if, it is not properly made out or subscribed;

( b ) at the ruling on nominations the presidential 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 the presidential returning officer so objects, he shall allow the candidate or his authorised representative, as may be appropriate, to amend the description, and, if it is not so amended to the presidential returning officer's satisfaction, the presidential returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his authorised representative, if either is present, or may rule that the nomination paper is invalid as not being properly made out;

(c) the provisions of paragraph (a) of this section shall not affect the application of the said section 13 to any question relating to the functions, pursuant to that paragraph, of the presidential returning officer;

(d) if any person entitled to do so raises at the ruling on nominations any objection relevant to the nomination of a candidate other than an objection relating to the functions pursuant to paragraph (b) of this section of the presidential returning officer—

(i) the presidential returning officer shall ask him to state the grounds of his objection,

(ii) if he does not there and, then state the grounds of his objection, the objection shall be taken as having been withdrawn,

(iii) if he there and then states the grounds of his objection, the presidential returning officer shall adjourn the ruling on nominations and refer the objection to a tribunal consisting of three judges of the High Court (including the judicial assessor) nominated by the President of the High Court at the same time as the nomination of, or intimation by the President of the High Court of intention to act as, the judicial assessor,

(iv) the decision of the tribunal shall be given within three days and shall be final,

(v) before adjourning the ruling on nominations, the presidential returning officer may, if he so thinks proper, and shall, if requested by a candidate or the representative of a candidate, ask for a written statement of the objection and the grounds therefor to be delivered within twenty-four hours, to him and to the candidate objected to and, if such statement is delivered, shall submit it to the tribunal.

[ Amendment of sections 6 and 20 of Principal Act.

48.—(1) section 20 of the Principal Act is hereby amended as follows:

(i) the following paragraph shall be inserted after paragraph (a):

"( aa ) the poll shall continue for such period, not being less than twelve hours, between the hours of 8.30 a.m. and 10.80 p.m. as may be appointed in that behalf under this Act;"

(ii) the following paragraph shall be substituted for paragraph (d):

"( d ) the person who would be the returning officer at a Dáil election in any such constituency shall be the returning officer in that constituency for the purposes of the poll, but where that person is prevented by illness or other reasonable cause from performing all or any of his duties as such returning officer or where a vacancy occurs in the office of returning officer, the Minister shall appoint a person to act as such returning officer for the performance of those duties during the period of the prevention or vacancy, as the case may be, and any reference in this. Act to a local returning officer shall be construed as including both a reference to a person who is by virtue of this paragraph the returning officer in a constituency for the purposes of the poll and a reference to a person appointed as aforesaid by the Minister;"

(2) Paragraph (e) of subsection (1) of section 6 of the Principal Act is hereby amended by the insertion of "and the period during which" before "the poll (if any)".

[ Presiding officers and poll clerks.

49.—The following section is hereby substituted for section 23 of the Principal Act:

"23. (1) The local returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer.

(2) The local returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering the candidature of any candidate at the election.

(3) 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 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.

(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the agents of the candidates, companions of 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, and members of the Garda Síochána on duty.

(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person."

[ Voting by postal voters.

50.—Notwithstanding the repeal by this Act of section 12 of the Electoral Act, 1960, the following subsections shall continue to stand substituted for subsections (2) and (3) of section 29 of the Principal Act:

"(2) Every local returning officer shall, as soon as practicable after he receives from the presidential returning officer notice of the adjournment of a presidential election for the purpose of taking a poll, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way."

[ Right to vote.

51.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote in that constituency at the poll at a presidential election.

(2) For the purposes of this section—

( a ) a person's name shall be taken to be on a register of Dáil 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 on behalf of any candidate, shall put to any person at the time of his applying for a ballot paper, but not afterwards, the following questions, or any one or two of them:

(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of........................................................................................?

(ii) Have you already voted at this presidential election?

(iii) Had you reached the age of twenty-one years on........................ (date of coming into force of the register)?

and unless such of those questions as are put to the person are answered, in the case of the first and third 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 on behalf of any candidate, shall administer to any person at the time of his applying 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 religions 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 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 twenty-one years on............................. (date of coming into force of the register)."

and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

(3) Save as is provided by this section and by Rule 17 of the First Schedule to The Principal Act, no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a presidential 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.

(4) ( a ) A person—

(i) who is registered in the register of Dáil electors for the time being in force for a constituency but is not entitled to be so registered, or

(ii) who is not registered in that register,

shall not vote in that constituency at the poll at a presidential election.

( b ) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.

[ Ballot paper.

52.—(1) The following section is hereby substituted for section 27 of the Principal Act:

"27.—(1) Votes at a presidential election shall be given by ballot and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) in form 8 in the Second Schedule to this Act.

(2) The presidential returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers."

(2) The form and directions set out in the Third Schedule to this Act are hereby substituted for form 8 in the Second Schedule to The Principal Act and the presidential returning officer shall comply with such directions.

[ Amendment of section 28 (2) of and Rule 11 of Third Schedule to Principal Act.

53.—(1) Subsection (2) of section 28 of the Principal Act is hereby amended by the addition at the end of the subsection of "but the ballot paper shall not be invalid by reference only to carrying the words 'one', 'two' 'three' (and so on) or a mark such as 'X' which, in the opinion of the local returning officer, clearly indicates a preference or preferences."

(2) Rule 11 of the Third Schedule to the Principal Act is here by amended by the substitution of the following definitions for the definitions of "first preference", "second preference" and "the next available preference":

"the expression 'first preference' means the figure '1', the word 'one' or a mark such as 'X' which, in the opinion of the local returning officer, clearly indicates a first preference; the expression 'second preference' means the figure '2', the word 'two' or a mark which, in the opinion of the local returning officer, clearly indicates a second preference, standing in succession to a first preference;

the expression 'the 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, preferences for candidates already excluded being ignored;"

[ Amendment of section 32 of Principal Act.

54.—(1) The application, by virtue of subsection (1) of section 32 of the Principal Act, of the following portions of the Prevention of Electoral Abuses Act, 1923, is hereby terminated: paragraph (c) of subsection (2) of section 1, section 4, subsection (3), (4) and (5) of section 6, sections 9, 10, 11 and 14, all words in section 15 from "and shall" to the end of the section, sections 20 and 45 and the definition of "committee room" in section 56.

(2) In any application, by virtue of subsection (1) of section 32 of the Principal Act, of subsection (1) or (2) of section 6 or section 15 of the Prevention of Electoral Abuses Act, 1923, the said subsection (1) or (2) or section 15 shall have effect as amended by section 90 of this Act.

(3) ( a ) In paragraph (b) of subsection (1) of section 32 of the Principal Act the reference to Part II of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 13A (inserted by section 90 of this Act) of the latter Act and, in any application by virtue of that paragraph of section 15 of the latter Act, the reference in the said section 15 to the foregoing sections of the latter Act shall be construed as including a reference to the said section 13A.

( b ) In paragraph (d) of subsection (1) of section 32 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 55A (inserted by section 90 of this Act) of the latter Act.

( c ) In subsection (2) of section 32 of the Principal Act the expression "the said portions of the Prevention of Electoral Abuses Act, 1923" shall be construed as including a reference to the said sections 13A and 55A.

[ Amendment of Rule 1 of First Schedule to Principal Act.

55.—The following Rule is hereby substituted for Rule 1 of the First Schedule to the Principal Act:

"1. (1) It shall be lawful for any local returning officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer.

(2) Where at a contested presidential election the same person is local returning officer for two or more constituencies, he shall—

( a ) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes,

( b ) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.

(3) A person shall not be appointed under paragraph (2) of this Rule unless the appointment has been approved of by the Minister.

(4) Subject to the provisions of the foregoing paragraphs, the local returning officer for a constituency shall conduct a presidential election in such constituency unless he is prevented from so doing by illness or other reasonable cause sufficient in the opinion of the Minister.

(5) References in the subsequent Rules of this Schedule to local returning officers shall, where appropriate, include references to deputy local returning officers."

[ Amendment of Rule 15 of First Schedule to Principal Act.

56.—Rule 15 of the First Schedule to the Principal Act is hereby amended by the substitution of "with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper" for "on both sides with the official mark, either stamped or perforated".

[ Voting by blind, incapacitated, and illiterate persons.

57.—(1) The following Rule is hereby substituted for Rule 17 of the First Schedule to the Principal Act:

"17. (1) ( a ) If any elector 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.

( b ) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector 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 elector refuses to take the oath or make the affirmation, this Rule shall not apply.

(2) ( a ) Where this Rule applies in the case of an 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 subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall forthwith place it so marked in the ballot box.

( b ) The presiding officer may, and, if requested by an agent of a candidate, 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 the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.

(3) Where this Rule applies and—

( a ) the elector is illiterate, or

( b ) the elector does not request that his ballot paper shall be marked for him by a companion, or

( c ) the elector having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,

the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall forthwith place the ballot paper so marked in the ballot box.

(4) A request made by an elector within four hours before the hour fixed for the closing 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 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 electors.

(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the elector by reading out in full from the ballot paper, as respects each candidate, the particulars stated in respect of him, but he shall not act on any written instruction."

(2) ( a ) Where, pursuant to paragraph (2) of Rule 17 of the First Schedule to The Principal Act, a person has marked as a companion two ballot papers, he shall not, at the same presidential election, mark as a companion any other ballot paper.

( b ) A person shall not, pursuant to paragraph (2) of Rule 17 of the First Schedule to The Principal Act, mark as a companion a ballot paper at a presidential election if he is a candidate or agent of a candidate at that election.

(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

[ Alleged personation.

58.—The following Rule is hereby substituted for Rule 18 of the First Schedule to the Principal Act:

"18. If a person, representing himself to be a particular elector named on the register of electors, applies for a ballot paper after another person has been given a ballot paper as such elector, the applicant shall, upon duly answering the questions permitted by this Act to be asked of voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector, and to put the ballot paper when marked into the ballot box, but the presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the names and numbers on the register of electors of the persons to whom they were issued."

[ Duties of presiding officer at close of poll.

59.—The following Rule is hereby substituted for Rule 21 of the First Schedule to the Principal Act:

"21. The presiding officer shall, at the time fixed for the close of the poll, take steps to ensure that no further electors are admitted to the polling station and, subject to the proviso that an elector on the premises at that time shall be entitled to receive a ballot paper and to vote, the presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the personation agents of the candidates, seal each ballot box, unopened but with the key attached, so that no further papers can be inserted therein and make up into separate packets sealed with his seal—

( a ) the unused and spoilt ballot papers, placed together,

( b ) the marked copies of the register of electors, and

( c ) the counterfoils of the ballot papers,

and shall deliver all such ballot boxes and packets to the local returning officer."

[ Amendment of Rules 22A, 23 and 24 of First Schedule to Principal Act.

60.—The following Rules are hereby substituted for Rules 22A, 23 and 24 of the First Schedule to the Principal Act:

Place for opening of ballot boxes, etc.

"22A. (1) The local returning officer for a constituency—

( a ) shall appoint the place at which he will open the ballot boxes,

( b ) shall open the ballot boxes at the place so appointed,

( c ) shall, at least forty-eight hours before the hour of 9 a.m. on the day next after the close of the poll, give to every local agent of a candidate notice in writing of the place so appointed,

( d ) shall give every local agent of a candidate and every agent appointed under Rule 24 of this Schedule all such reasonable facilities for overseeing the proceedings at the count (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and all such information with respect thereto, as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions,

( e ) shall provide suitable accommodation and all equipment necessary for counting the votes.

(2) The place appointed under subparagraph (a) of the foregoing paragraph shall be within the constituency, but—

( a ) in case the constituency consists of a part which is part of a county borough and a part which is outside that borough, it may be—

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

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

( b ) in any other case, it may be, with the consent of the Minister, outside, but convenient to, the constituency.

Opening of ballot boxes.

23. At the hour of 9 a.m. on the day next, after the close of the poll in a constituency and at the place appointed by him under Rule 22A of this Schedule, the local returning officer for that constituency shall begin to open the ballot boxes used at the poll in that constituency, take out the ballot papers therein, count and record the numbers thereof, and then mix them together.

Candidates' agents at opening of ballot boxes.

24. Every local agent of a candidate may appoint agents to attend on behalf of such candidate the opening of the ballot boxes in his constituency by the local returning officer and the proceedings consequent on such opening. Not more than five agents shall be appointed by a particular local agent unless the local returning officer otherwise permits."

[ Amendment of Rules 27, 39 and 40 of First Schedule to Principal Act.

61.—(1) Notwithstanding the repeal by this Act of paragraph (d) of section 3 of the Presidential Elections (Amendment) Act, 1946, "eleven" shall continue to stand substituted for "seven" in Rules 27 and 39 of the First Schedule to The Principal Act.

(2) Rule 40 of the First Schedule to The Principal Act is hereby amended by the insertion of "from the date on which the poll took place" after "for six months".

[ Amendment of Rule 8 of Third Schedule to Principal Act.

62.—The following paragraphs are hereby added to Rule 8 of the Third Schedule to the Principal Act:

"(4) The power under the foregoing paragraph to re-examine and recount extends to papers dealt with at an earlier count than the immediately preceding one.

(5) As respects each candidate, one request (and not more) may be made by him or his principal agent for a complete re-examination and recount of all parcels of papers, and upon being so requested the presidential returning officer shall re-examine and recount the parcels of papers accordingly. In the re-examination and recount, the number or order of papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this paragraph shall make it obligatory on the presidential 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 presidential returning officer, a significant error likely to affect the result of the election, the presidential returning officer shall count all the papers afresh from the point at which the error occurred.

(6) Where an error is discovered, the presidential returning officer shall, where necessary, amend any results previously announced by him."

PART V

REFERENDA

[ Interpretation and construction (Part V and Fourth Schedule).

63.—(1) In this Part of this Act "the Principal Act" means the Referendum Act, 1942.

(2) The Referendum Acts, 1942 to 1960, and this Part of and the Fourth Schedule to this Act shall be construed together as one Act.

[ Polling cards.

64.—(1) At a referendum, the local returning officer for a constituency shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list a card (in this section referred to as a polling card) in the prescribed form informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote.

(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil 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 dispatched by post and shall be transmitted free of charge by the earliest practicable post.

(4) Expenses incurred by a local returning officer in complying with this section shall be expenses incurred by him for the purposes of the referendum within the meaning of section 12 of the Principal Act.

(5) No referendum shall be invalidated by reason of any failure to send, non-delivery of, or error or misstatement in, a polling card.

(6) No action or other proceeding shall lie against a local returning officer in respect of any error or misstatement in a polling card.

[ Advance polling on islands.

65.—(1) This section applies where, at a referendum, a local returning officer 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 could not be taken on the polling day appointed by the Minister, or

( b ) if the poll were taken. on that day, the ballot boxes could not reach the place for the opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day.

(2) Where this section 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 earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in The Principal 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 polling 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 opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.

(3) No alteration shall be made in the form or contents of the notice of poll under Rule 3 of the First Schedule to The Principal Act by reason of an alteration made under this section of the day and hours of a poll.

[ Voting by persons in employment of local returning officers.

66.—Where—

( a ) a person is entitled to vote at the poll at a referendum,

( b ) he is employed by the local returning officer for the constituency in which he is entitled to vote, for any purpose in connection with the poll in the constituency, and

( c ) the circumstances of his employment are, in the opinion of the returning officer, such as to prevent him from voting at the rolling station at which he would otherwise be entitled to vote,

that officer may authorise him in writing to vote at a specified other polling station in that constituency, and the polling station so specified shall, for the purpose of Rule 8 of the First Schedule to The Principal Act be deemed to be the polling station allotted to him.

[ Amendment of sections 8 (1), 10 (1) and 11 of Principal Act.

67.—(1) section 11 of the Principal Act is hereby amended as follows:

(i) the following paragraph shall be inserted after paragraph (a):

"(aa) the poll shall 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 appointed in that behalf under this Act;"

(ii) the following paragraph shall be substituted for paragraph (d):

"( d ) the person who would be the returning officer at a Dáil election in any such constituency shall be the returning officer in that constituency for the purposes of the poll, but where that person is prevented by illness or other reasonable cause from performing all or any of his duties as such returning officer or where a vacancy occurs in the office of returning officer, the Minister shall appoint a person to act as such returning officer for the performance of those duties during the period of the prevention or vacancy, as the case may be, and any reference in this Act to a local returning officer shall be construed as including both a reference to a person who is by virtue of this paragraph the returning officer in a constituency for the purposes of the poll and a reference to a person appointed as aforesaid by the Minister;"

(2) Subsection (1) of section 8 and subsection (1) of section 10 of the Principal Act are each hereby amended by the insertion of "and the period during which" before "the polling at".

[ Presiding officers and poll clerks.

68.—The following section is hereby substituted for section 18 of the Principal Act:

"18. (1) The local returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer.

(2) The local returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering any particular result at the referendum.

(3) The local returning officer shall, on request, permit any member of Dáil Éireann or Seanad Éireann, or any personation agent, to inspect the list of persons to whom he has offered or proposes to offer appointments as presiding officers or poll clerks.

(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the personation agents (if any) appointed for his polling station, companions of 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, and members of the Garda Síochána on duty.

(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person."

[ Voting by postal voters.

69.—(1) Notwithstanding the repeal by this Act of section 15 of the Electoral Act, 1960, the following subsections shall continue to stand substituted for subsections (2) and (3) of section 20 of the Principal Act:

"(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every person who is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way."

(2) Notwithstanding the said repeal, "receipts" shall continue to stand substituted for " declarations of identity in paragraph (c) of Rule 31 of the First Schedule to The Principal Act.

[ Right to vote.

70.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Drill electors for the time being in force for a constituency, and no other person, shall be entitled to vote in that constituency at the poll at a referendum.

(2) For the purposes of this section—

( a ) a person's name shall be taken to be on a register of Dáil 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 a personation agent, shall put to any person at the time of his applying for a ballot paper, but not afterwards, the following questions, or any one or two of them:

(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of............................

.................................................................................?

(ii) Have you already voted at this referendum?

(iii) Had you reached the age of twenty-one years on................... (date of coming into force of the register)?

and unless such of those questions as are put to the person are answered, in the case of the first and third 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 required by a personation agent, shall administer to any person at the time of his applying 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 electors now in force for the constituency of....................... and that I have not already voted at this referendum, and that I had attained the age of twenty-one years on................... (date of coming into force of the register)"

and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

(3) Save as is provided by this section and by Rule 18 of the First Schedule to The Principal Act, no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a referendum 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.

(4) ( a ) A person—

(i) who is registered in the register of Dáil electors for the time being in force for a constituency but is not entitled to be so registered, or

(ii) who is not registered in that register,

shall not vote in that constituency at the poll at a referendum.

( b ) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.

[ Forms of ballot papers.

71.—(1) At a constitutional referendum—

( a ) every ballot paper shall be in the form set out in Part I of the Fourth Schedule to this Act, and

( b ) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.

(2) At an ordinary referendum every ballot paper shall be in the appropriate form set out in Part II of the Fourth Schedule to this Act, and—

( a ) in the case of a ballot paper in respect of one referendum, it shall contain a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum, and

( b ) in the case of a ballot paper in respect of two or more referenda having the same polling day, it shall contain, in respect of each referendum, a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum.

(3) In applying, in the case of a constitutional referendum, paragraph (1) of Rule 3 of the First Schedule to The Principal Act, the following subparagraph shall be substituted for subparagraph (b) of that paragraph;

"(b) the short title of the Bill containing the proposal which is the subject of such referendum, and".

(4) Subject to the next subsection, where the same day is the polling day at two or more ordinary referenda, separate ballot papers shall not be issued, but every ballot paper shall be so framed that the voter is able to record a separate vote in respect of each referendum.

(5) Where the same day is the polling day at two or more ordinary referenda and the Minister is of opinion that it is for any reason impracticable or inexpedient to comply with the foregoing subsection—

( a ) the Minister may direct that separate ballot papers shall be issued for one or more or all of the referenda, and such papers shall be issued accordingly,

( b ) where the Minister directs as aforesaid and the direction does not apply to all of the referenda—

(i) if there is only one of the referenda to which the direction does not apply, separate ballot papers shall be issued for it,

(ii) if there are two or more of the referenda to which the direction does not apply, the foregoing subsection shall apply to them.

[ Amendment of section 29 of Principal Act.

72.—(1) The application, by virtue of subsection (1) of section 29 of the Principal Act, of the following portions of the Prevention of Electoral Abuses Act, 1923, is hereby terminated: paragraph (c) of subsection (2) of section 1, section 4, subsections (3), (4) and (5) of section 6, sections 9 and 10, all words in section 15 from "and shall" to the end of the section, section 45 and the definition of "committee room" in section 56.

(2) In any application, by virtue of subsection (1) of section 29 of the Principal Act, of subsection (1) or (2) of section 6 or section 15 of the Prevention of Electoral Abuses Act, 1923, the said subsection (1) or (2) or section 15 shall have effect as amended by section 90 of this Act.

(3) ( a ) In paragraph (b) of subsection (1) of section 29 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 13A (inserted by section 90 of this Act) of the latter Act and, in any application by virtue of that paragraph of section 15 of the latter Act, the reference in the said section 15 to the foregoing sections of the latter Act shall be construed as including a reference to the said section 13A.

( b ) In paragraph (d) of subsection (1) of section 29 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 55A (inserted by section 90 of this Act) of the latter Act.

( c ) In subsection (2) of section 29 of the Principal Act the expression "the said portions of the Prevention of Electoral Abuses Act, 1923" shall be construed as including a reference to the said sections 13A and 55A.

[ Amendment of Rule 1 of First Schedule to Principal Act.

73.—The following Rule is hereby substituted for Rule 1 of the First Schedule to the Principal Act:

"1.(1) It shall be lawful for any local returning officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer.

(2) Where at a referendum the same person is local returning officer for two or more constituencies, he shall—

( a ) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes,

( b ) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.

(3) A person shall not be appointed under paragraph (2) of this Rule unless the appointment has been approved of by the Minister.

(4) Subject to the provisions of the foregoing paragraphs, the local returning officer for a constituency shall conduct a referendum in such constituency unless he is prevented from so doing by illness or other reasonable cause sufficient in the opinion of the Minister.

(5) References in the subsequent Rules of this Schedule to the local returning officer shall, where appropriate, include references to deputy local returning officers."

[ Amendment of Principal Act as to official mark on ballot papers.

74.—"with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper" is hereby substituted for "on both sides with an official mark, either stamped or perforated in subsection (3) of section 14 of the Principal Act and for on both sides with the official mark, either stamped or perforated" in Rule 16 of the First Schedule thereto.

[ Voting by blind, incapacitated, and illiterate persons.

75.—(1) The following Rule is hereby substituted for Rule 18 of the First Schedule to the Principal Act:

"18.(1)(a) If any voter 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.

( b ) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by a personation agent, shall, administer to the voter 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 voter refuses to take the oath or make the affirmation, this Rule shall not apply.

(2) ( a ) Where this Rule applies in the case of a voter 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 voter may request that his ballot paper shall be marked for him by a companion and, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the voter and shall forthwith place it so marked in the ballot box.

( b ) The presiding officer may, and, if requested by a personation agent, shall, put to the companion before delivery of the ballot paper, the following questions or any one or two 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 referendum?

(iii) Are you a personation agent at this referendum?

and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.

(3) Where this Rule applies and—

( a ) the voter is illiterate, or

( b ) the voter does not request that his ballot paper shall be marked for him by a companion, or

( c ) the voter having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,

the presiding officer shall, in the presence of the personation agents (if any) and no other person, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter and shall forthwith place the ballot paper so marked in the ballot box.

(4) A request made by a voter within four hours before the hour fixed for the closing 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 voters 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 voters.

(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein, but he shall not act on any written instruction."

(2) ( a ) Where, pursuant to paragraph (2) of Rule 18 of the First Schedule to The Principal Act, a person has marked as a companion two ballot papers, he shall not, at the same referendum, mark as a companion any other ballot paper.

( b ) A person shall not, pursuant to paragraph (2) of Rule 18 of the First Schedule to The Principal Act, mark as a companion a ballot paper at a referendum if he is a personation agent at that referendum.

( c ) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

[ Alleged personation.

76.—The following Rule is hereby substituted for Rule 19 of the First Schedule to the Principal Act:

"19. If a person representing himself to be a particular person named on the register of electors, applies for a ballot paper after another person has been given a ballot paper as such person, the applicant shall, upon duly answering the questions permitted by this Act to be asked of voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, and to put the ballot paper when marked into the ballot box, but the presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the names and numbers on the register of electors of the persons to whom they were issued."

[ Duties of presiding officer at close of poll.

77.—The following Rule is hereby substituted for Rule 21 of the First Schedule to the Principal Act:

"21. The presiding officer shall, at the time fixed for the close of the poll, take steps to ensure that no further voters are admitted to the polling station and, subject to the proviso that a voter on the premises at that time shall be entitled to receive a ballot paper and to vote, the presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the personation agents, seal each ballot box, unopened but with the key attached, so that no further papers can be inserted therein and make up into separate packets sealed with his seal—

( a ) the unused and spoilt ballot papers placed together,

( b ) the marked copies of the register of electors, and

( c ) the counterfoils of the ballot papers,

and shall deliver all such ballot boxes and packets to the local returning officer."

[ Amendment of Rules 23A and 24 of First Schedule to Principal Act.

78.—The following Rules are hereby substituted for Rules 23 A and 24 of the First Schedule to the Principal Act:

"23A.(1) The local returning officer for a constituency—

( a ) shall appoint the place at which he will open the ballot boxes,

( b ) shall open the ballot boxes at the place so appointed,

( c ) shall give to every person, nominated under Rule 29 of this Schedule and of whose nomination he receives notice, notice in writing of the place so appointed,

( d ) shall give such persons all such reasonable facilities for overseeing the proceedings at the count (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and all such information with respect thereto, as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions,

( e ) shall provide suitable accommodation and all equipment necessary for counting the votes.

(2) The place appointed under subparagraph (a) of the foregoing paragraph shall be within the constituency, but—

( a ) in case the constituency consists of a part which is part of a county borough and a part which is outside that borough, it may be—

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

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

( b ) in any other case, it may be, with the consent of the Minister, outside, but convenient to, the constituency.

24. At the hour of 9 a.m. on the day next after the close of the poll in a constituency and at the place appointed by him under Rule 23A of this Schedule, the local returning officer for that constituency shall begin to open the ballot boxes used at the poll in that constituency, take out the ballot papers therein, count and record the numbers thereof, and then mix them together."

[ Amendment of Rules 30 and 32 of First Schedule to Principal Act.

79.—Notwithstanding the repeal by this Act of paragraphs (c), (d) and (e) of section 3 of the Referendum (Amendment) Act, 1946—

(i) "eleven" shall continue to stand substituted for seven" in paragraph (1) of Rule 30 of the First Schedule to The Principal Act,

(ii) "President and the" shall continue to stand inserted before "Taoiseach" in paragraph (3) and in paragraph (4) of Rule 32 of that Schedule.

PART VI

LOCAL ELECTIONS

[ Interpretation (Part VI).

80.—(1) In this Part of this Act—

"local authority" means—

( a ) the council of a county,

( b ) the corporation of a county or other borough,

( c ) the council of an urban district, or

( d ) the commissioners of a town;

"local electoral area" means the area or any of the areas (as may be appropriate) by reference to which a local election is held.

(2) Any reference in this Part of this Act to a member or meeting of a local authority shall, where the local authority in question are a corporation of a county or other borough, be construed as a reference to a member or meeting of the council established by law in respect of such county or other borough.

[ Year of election.

81.—(1) ( a ) An election of members of every local authority shall be held in the year 1965 and quinquennially thereafter.

( b ) Nothing in this subsection shall affect Part IV of the Local Government Act, 1941, or any order made under that Part.

(2) Elections pursuant to this section shall be known as local elections.

(3) In the Vocational Education Acts, 1930 to 1962, and in any order or regulation made thereunder, and in the Agriculture, Acts, 1931 to 1958, "election year" shall, in lieu of having the meaning which it had immediately before the commencement of this section, mean any year in which local elections are held.

(4) The following subsection shall be substituted for subsection (2) of section 9 of the Harbours Act, 1946:

"(2) In addition to the first election year, every year thereafter which is a year in which elections of members of councils of counties are held pursuant to section 2 of the Local Elections Act, 1948 (No. 8 of 1948), section 2 of the Local Elections Act, 1953 (No. 15 of 1953), or section 81 of the Electoral Act, 1963, shall be an election year in respect of a harbour authority."

(5) Notwithstanding the repeal by this Act of the Local Elections Act, 1953—

( a ) "quinquennially" and "five" shall continue to stand substituted for "triennially" and "three" in subsection (3) of section 10 of the School Attendance Act, 1926,

( b ) "quinquennial" shall Continue to stand substituted for "triennial" wherever the latter word occurs in subsection (4) of that section,

( c ) "quinquennial meeting" shall continue to stand substituted for "triennial meeting" in the Vocational Education Acts, 1930 to 1950, and in any order or regulation made thereunder,

( d ) "five years" shall continue to stand substituted for "three years" in subsection (2) of section 45 of the Local Government Act, 1941.

(6) Any reference in any statute, order or regulation in force immediately before the passing of the Local Elections Act, 1953, to a triennial election of members of a board, committee or other body, all or any of the members of which are required by law to be appointed by a local authority following an election of the members of such authority shall be construed as a reference to a quinquennial election.

[82 Conduct of elections.

82.—(1) Local elections shall be held in accordance with regulations made by the Minister and, if an election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote at the election.

(2) Regulations under this section, in particular and without prejudice to the generality of the foregoing subsection, may make provision for all or any of the following matters in relation to local elections:

(i) nominations,

(ii) deposits by candidates,

(iii) deaths of candidates,

(iv) duties of returning officers,

(v) staff of returning officers,

(vi) taking of polls and counting of votes,

(vii) use, free of charge, of schools and public rooms,

(viii) arrangements for postal voting,

(ix) voting by persons in the employment of returning officers,

(x) advance polling on islands,

(xi) maintenance of secrecy Of voting,

(xii) removal of persons misconducting themselves in polling stations,

(xiii) procedure in cases of disorder or obstruction,

(xiv) interference with ballot boxes or ballot papers,

(xv) time of becoming a member of a local authority and of retiring from being such a member, and period of office of lord mayors, mayors, chairmen and vice-chairmen,

(xvi) the persons who are to be aldermen and their number,

(xvii) filling of casual vacancies,

(xviii) election of the same person in more than one local electoral area,

(xix) days and times of, and business to be transacted at, first meetings of local authorities after elections of their members and meetings to be held at or near the anniversaries of the days of such first meetings, and failure to hold such meetings as required,

(xx) adaptation of enactments,

and may also make provisions corresponding to the provisions specified in the next subsection subject however to any modifications in those provisions appearing to the Minister to be appropriate.

(3) The provisions referred to in the foregoing subsection are the provisions of Parts I, II, III and VIII (except section 50) of the Prevention of Electoral Abuses Act, 1923.

(4) Where a provision of regulations under this section corresponds to a provision of the Electoral Acts, 1923 to 1963, or the Prevention of Electoral Abuses Act, 1923, which provides for a penalty, it may itself provide for a penalty not exceeding that provided for in the provision to which it corresponds.

(5) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(6) No local election shall be declared invalid by reason of a non-compliance with any regulation under this section, or any mistake in the use of forms provided for by any such regulation, 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 regulations under this section taken as a whole, and that the non-compliance or mistake did not affect the result of the election.

(7) Regulations under this section shall apply to a new election under Part IV of the Local Government Act, 1941.

[83 Polling cards.

83.—(1) The Minister may by regulations provide for the issue by local authorities of polling cards, in relation to local elections.

(2) Deciding to issue, in accordance with regulations under this section, polling cards shall be, in case the local authority are the council of a county, the corporation of a borough which is not a county borough, the council of an urban district or the commissioners of a town, a reserved function for the purposes of the County Management Acts, 1940 to 1955, and, in case the local authority are the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(3) No local election shall be invalidated by reason of any failure to send, non-delivery of or error or misstatement in, a polling card.

(4) No action or other proceeding shall lie against a returning officer in respect of any error or misstatement in a polling card.

(5) In this section "polling card" means' a card informing an elector of his number (including polling district letter) on the register of local government electors and of the place at which he will be entitled to vote.

[84 Times of poll.

84.—(1) Polls at local elections shall be held on such day and shall 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.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(3) Subsection (1) of section 45 of the Local Government Act, 1941, is hereby amended by the insertion at the end of the subsection of "and during the period therein specified by the Minister".

[85 Right to vote.

85.—(1) Subject to the provisions of this Part of this Act and the regulations made thereunder, every person whose name is on the register of local government electors for the time being in force for a local electoral area, and no other person, shall be entitled to vote at the poll at a local election in that area.

(2) For the purposes of this section a person's name shall be taken to be on a register of local government electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person's name.

(3) A person who has voted at a local election shall not in any legal proceeding to question the election or return be required to state for whom he has voted.

(4) ( a ) A person—

(i) who is registered in the register of local government electors for the time being in force for a local electoral area but is not entitled to be so registered, or

(ii) who is not registered in that register,

shall not vote at the poll at a local election in that area.

( b ) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.

[86 Costs of elections.

86.—(1) The Minister may by regulations provide for the manner in which the costs of local elections are to be paid by local authorities,

(2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for all or any of the following matters—

( a ) the way and period in which the returning officer shall present his accounts,

( b ) the way and period in which persons having claims against the returning officer shall present their claims,

( c ) adjudication of disputes.

[87 Electoral areas in certain county and other boroughs.

87.—(1) The following subsection is hereby substituted for subsection (2) of section 7 of the Limerick City Management Act, 1934:

"(2) ( a ) Unless and until an order under this subsection comes into force, there shall be one electoral area consisting of the area of the city and the first four members of the Council elected at a city election shall be aldermen.

( b ) The Minister may by order—

(i) make a division of the city into electoral areas, and

(ii) fix for each electoral area the number of members of the council to be elected therefor and the number of those members who are to be aldermen.

( c ) The Minister may make an order under this subsection whenever and so often as lie thinks proper.

( d ) The division of the city into electoral areas made by an order under this subsection shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.

( e ) The number of members to be elected, at every election of members of the Council held after the making of an order under this subsection, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

( f ) Those members of the Council who are not aldermen shall be councillors.

( g ) Every order under this subsection shall be laid before each House of the Oireachtas as soon as conveniently may be alter it is made and, if a resolution annulling the order is passed by either such House within the next, seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder."

(2) The following section is hereby substituted for section 6 of the Waterford City Management Act, 1939:

"6. (1) Unless and until an order under this section comes into force, there shall be one electoral area consisting of the area of the city and the first five members of the Council elected shall be aldermen.

(2) The Minister may by order—

( a ) make a division of the city into electoral areas, and

( b ) fix for each electoral area the number of members of the Council to be elected therefor and the number of those members who are to be aldermen.

(3) The Minister may make an order under this section whenever and so often as he thinks proper.

(4) The division of the city into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.

(5) The number of members to be elected, at every election of members of the Council held after the making, of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

(6) Those members of the Council who are not aldermen shall be councillors.

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

(3) The following section is hereby substituted for section 4 of the Cork City Management (Amendment) Act, 1941:

"4. (1) Unless and until an order under this section comes into force, there shall be one electoral area consisting of the area of the Borough and the first six members of the Council elected shall be aldermen.

(2) The Minister may by order—

( a ) make a division of the Borough into electoral areas, and

( b ) fix for each electoral area the number of members of the Council to be elected therefor and the number of those members who are to be aldermen.

(3) The Minister may make an order under this section whenever and so often as he thinks proper.

(4) The division of the Borough into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.

(5) The number of members to he elected, at every election of members of the Council held after the making of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

(6) Those members of the Council who are not aldermen shall be councillors.

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

(4) ( a ) Subsection (1) of section 35 of the Local Government Act, 1941, is hereby amended by the substitution of "but does include, notwithstanding section 43 of the Local Government (Dublin) Act, 1930, the borough of Dún Laoghaire, and notwithstanding section 16 of the Local Government (Galway) Act, 1937," for "or the Borough of Dún Laoghaire or".

( b ) Subsection (2) of section 35 of the Local Government Act, 1941, is hereby amended by the insertion at the end of the subsection of "and the number of those members who are to be aldermen".

( c ) Where an order is made under subsection (2) of section 35 of the Local Government Act, 1941, in relation to the borough of Galway, section 15 of the Local Government (Galway) Act, 1937, shall, after the next election of members of the corporation of the borough, have effect subject to the substitution therein of "those who are not aldermen" for "four shall be aldermen and eight".

[88 Wards.

88.—(1) The Minister may by regulations divide the area of any county or other borough or urban district into areas to be known as wards.

(2) Where, immediately before the commencement of this section, any county or other borough or urban district stood divided into areas known as wards, then, unless and until regulations under subsection (1) of this section in relation to the borough or district come into force, those areas shall continue in force as wards, but the Minister may by regulations vary the name of any such ward.

(3) Any reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or at any time thereafter) to a ward in relation to a county or other borough or urban district shall be construed and have effect as a reference to a ward under regulations under subsection (1) of this section or a ward referred to in subsection (2) of this section (as may be appropriate).

[89 District electoral divisions.

89.—(1) The Minister may by regulations divide the area of any county or county borough into areas to be known as district electoral divisions.

(2) Where, immediately before the commencement of this section, any county or county borough stood divided into areas known as district electoral divisions, (then, unless and until regulations under subsection (1) of this section in relation to the county or borough come into force, those areas shall continue in force as district electoral divisions, but the Minister may by regulations vary the name of any such district electoral division.

(3) Any reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or at any time thereafter) to a district electoral division in relation to a county or county borough shall be construed and have effect as a reference to a district electoral division under regulations under subsection (1) of this section or a district electoral division referred to in subsection (2) of this section (as may be appropriate).

PART VII

ELECTORAL ABUSES

[90 Amendment of Prevention of Electoral Abuses Act, 1923.

90.—(1) In this section "the Act" means the Prevention of Electoral Abuses Act, 1923.

(2) Subsection (1) of section 6 of the Act is hereby amended by the addition at the end of the subsection of "or, at the discretion of the Court, to be fined an amount not exceeding one thousand pounds or both to be so imprisoned and to be so fined."

(3) Subsection (2) of section 6 of the Act is hereby amended by the substitution of "five hundred pounds" for "one hundred pounds" in paragraph (a) and for "one hundred pounds" and for "two hundred pounds" in paragraph (b).

(4) ( a ) The Act is hereby amended by the insertion of the following section after section 13:

  "13A. Any person who, before or during any election, makes or publishes any statement which is likely to mislead voters; as to the actual process of voting shall be guilty of an illegal practice."

( b ) The reference in section 15 of the Act to the foregoing sections of the Act shall be construed as including a reference to the section inserted in the Act by paragraph (a) of this subsection.

(5) Section 15 of the Act is hereby amended by the substitution of "five hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment" for "one hundred pounds".

(6) The following subsection is hereby substituted for subsection (1) of section 30 of the Act:

"(1) An election agent may, with respect to each polling district, appoint one deputy agent (and not more) to act within that district, and any reference in this Act to a sub-agent shall be construed as a reference to a deputy agent so appointed."

(7) The following section is hereby inserted in the Act after section 55:

"55A. In any civil or criminal proceedings in relation to an alleged corrupt or illegal practice or any other alleged offence at an election, the certificate of the returning officer at an election 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 such returning officer or that he was in fact such returning officer."

PART VIII

MISCELLANEOUS

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

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

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

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

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

( d ) the poll at a local election.

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

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

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

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

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

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

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

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

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

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

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

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

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

( a ) a scale of maximum charges,

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

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

[92 Adaptation or modification where there is emergency or special difficulty.

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

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

(3) In this section—

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

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

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

FIRST SCHEDULE

ENACTMENTS REPEALED.

 

Session and Chapter

or

Number and Year. Subject Matter

or Short Title. Extent of Repeal.

3 Edw. 1.

(Stat. Westm. prim., c. 5). Freedom of Elections (1275). The whole Act.

7 Edw. 2.

(Stat. Sup. Aport. Arm.). Prohibition on coming armed to Parliament (1313). The whole Act.

5 Ric. 2. St. 2., c. 4. Summons to Parliament (1382). The whole Act.

5 Will. & Mar., c. 7. Restriction on member of House of Commons from being concerned in collection of revenue. The whole Act.

6 & 7 Will. & Mar., c. 2. Times for calling Parliament. The whole Act.

7 & 8 Will. 3. c. 7. Prevention of false and double returns of members to Parliament. The whole Act.

7 & 8 Will. 3. c. 25. Regulation of elections of members of Parliament and prevention of irregular proceedings. The whole Act.

1 Geo. 1. Stat. 2, c. 38. Septennial Act, 1715. The whole Act.

19 Geo. 2. c. 12. Municipal Corporations Act, 1745. The whole Act.

24 Geo. 3. Sess. 2, c. 26. Recess Elections Act, 1784. The whole Act.

37 Geo. 3. c. 127. Meeting of Parliament Act, 1797. The whole Act.

39 and 40 Geo. 3. c. 14. Meeting of Parliament Act, 1799. The whole Act.

50 Geo. 3. c. 33. School Sites (Ireland) Act, 1810. Section 3.

53 Geo. 3. c. 89. Parliamentary Writs Act, 1813. The whole Act.

60 Geo. 3. and 1 Geo. 4. c. 11. Parliamentary Elections (Ireland) Act, 1820. The whole Act.

4 Geo. 4. c. 55. Parliamentary Elections (Ireland) Act, 1823. The whole Act.

2 & 3 Will. 4. c. 69. Corporate Property (Elections) Act, 1832. The whole Act.

2 & 3 Will. 4. c. 88. Representation of the People (Ireland) Act, 1832. The whole Act

2 & 3 Will. 4. c. 89. Parliamentary Boundaries (Ireland) Act, 1832. The whole Act.

3 & 4 Vict., c. 108. Municipal Corporations (Ireland) Act, 1840. In section 20: the words "that every borough in the said schedule (A) shall be divided into the number of wards mentioned in such schedule in conjunction with the name of such borough, and" and the words "and of the wards into which the said boroughs named in the said schedule (A) are to be divided" ; section 27; in section 28: all words from "and every such town" to the end of the section; sections 48, 53, 85, 86, 97 and 89.

12 & 13 Vict., c. 85. Dublin Corporation Act, 1849. The whole Act.

12 & 13 Vict., c. 97. Dublin Improvement Act, 1849. Section 57.

13 & 14 Vict., c. 68. Parliamentary Elections (Ireland) Act, 1850. The whole Act.

13 & 14 Vict., c. 69. Representation of the People (Ireland) Act, 1850. The whole Act.

15 & 16 Vict., c. 23. Meeting of Parliament Act, 1852. The whole Act.

17 & 18 Vict., c. 57. Returning Officers Act, 1854. The whole Act.

17 & 18 Vict., c. 102. Corrupt Practices Prevention Act, 1854. The whole Act.

17 & 18 Vict., c. 103. Towns Improvement (Ireland) Act, 1854. In section 27: all words from the beginning of the section to "as they may thin fit".

20 & 21 Vict., c. 33. Representative Peers (Ireland) Act, 1857. The whole Act.

21 & 22 Vict., c. 110. Election of Members during Recess Act, 1858. The whole Act.

25 & 26 Vict., c. 92. Elections (Ireland) Act, 1862. The whole Act.

26 & 27 Vict., c. 20. Elections in Recess Act, 1863. The whole Act.

26 & 27 Vict., c. 29. Corrupt Practices Prevention Act, 1863. The whole Act.

30 & 31 Vict., c. 81. Prorogation Act, 1867. The whole Act.

31 & 32 Vict., c. 125. Parliamentary Elections Act, 1868. Section 44.

33 & 34 Vict., c. 23. Forfeiture Act, 1870. In section 2: all words from "or of exercising" to the end of the section.

33 & 34 Vict., c. 81. Meeting of Parliament Act, 1870. The whole Act.

35 & 36 Vict., c. 33 Ballot Act, 1872. The whole Act.

40 & 41 Vict., c. 56. County Officers and Courts (Ireland) Act, 1877. In section 21 : all words from the beginning of the section to "in the same manner as heretofore".

41 & 42 Vict., c. 75. Arranmore Polling District Act, 1878. The whole Act.

43 Vict., c. 17. Town Councils and Local Boards Act, 1880. The whole Act.

46 & 47 Vict., c. 51. Corrupt and Illegal Practices Prevention Act, 1883. Sections 45, 46, 48, 51 and 52; subsections (1) and (3) of section 53 ; section 54.

47 & 48 Vict., c. 70. Municipal Elections (Corrupt and Illegal Practices) Act, 1884. Sections 3, 24 and 31.

48 & 49 Vict., c. 17. Parliamentary Registration (Ireland) Act, 1885. The whole Act.

48 & 49 Vict., c. 23. Redistribution of Seats Act, 1885. The whole Act.

50 & 51 Vict., c. 9. Police Disabilities Removal Act, 1887. The whole Act.

52 & 53 Vict., c. 69. Public Bodies Corrupt Practices Act, 1889. Paragraphs (c) and (d)of section 2.

54 & 55 Vict., c. 39. Stamp Act, 1891. In the First Schedule: the head of charge "Admission in England or Ireland of any person—as a burgess, or into any corporation or company, in any city, borough, or town corporate"

56 & 57 Vict., c. 6. Police Disabilities Removal Act, 1893. The whole Act.

61 & 62 Vict., c. 37. Local Government (Ireland) Act, 1898. Section 2 ; subsection (4) of section 23 ; subsections (2) and (4) of section 91; subsection (3) of section 97.

Local Government (Application of Enactments) Order, 1898. The following portions of the Schedule : articles 5, 6, 7, 9 and 10, sub-articles (1) to (5) of article 11 ; in subarticle (1) of article 26 : the words "(b) the division of an urban county district into wards; " and the words "of the number of wards, or of the boundaries of any ward, or"; article 31 ; in rule (II) of subarticle 10 of article 36 : the words "between the annual meeting and the first day of June then next following".

8 Edw. 7. c. 13. Polling Districts (County Councils) Act, 1908. The whole Act.

8 Edw. 7. c. 66. Public Meeting Act, 1908. In section 1: from the words "if the offence is committed" to the words "and in any other case".

1 & 2 Geo. 5. c. 13. Parliament Act, 1911. Section 7.

7 & 8 Geo. 5. c. 64. Representation of the People Act, 1918. The whole Act.

9 & 10 Geo. 5. c. 19. Local Government (Ireland) Act, 1919. The whole Act.

No. 12 of 1923. Electoral Act, 1923. Parts I and II; sections 18, 29, 34, 37, 42, 53, 54 and 58 ; in section 59 : the words "bribery, personation or corrupt practices at elections or to" ; section 61 ; subsection (1) of section 62 ; in section 63: the words "registration officer" and "the registration of electors or" wherever they occur ; First Schedule ; Rule 12 of the Fourth Schedule; in Rule 17 of Part I of the Fifth Schedule : the words "and of the mode in which electors are to vote" ; Rules 19 and 20 of the said Part I ; in Rule 28 of the said Part I: the words "and (d) tendered ballot papers"; in Rule 34 of the said Part I : all words from "The returning officer shall report" to the end of the Rule; in Rule 35 of the said Part I : the words "the tendered ballot papers and" and "and the tendered votes list" ; in Rule 36 of the said Part I : the words "tendered votes lists," ; Rules 42, 48, 50, 52 and 54 of the said Part I : Part II of the Fifth Schedule; forms 1, 2, 3, 6, 7, 8 and 9 in Part III of the Fifth Schedule; Ninth Schedule.

No. 38 of 1923. Prevention of Electoral Abuses Act, 1923. Paragraph (c) of subsection (2) of section 1 ; section 4; subsections (3), (4) and (5) of section 6 ; sections 7, 8, 9, 10, 11 and 14; in section 15: all words from "and shall" to the end of the section ; section 16 ; in section 17, the words " or for any expenses incurred in excess of any maximum amount allowed by this Act," and the words "or expenses" ; sections 18, 19, 20, 21, 27, 28, 32, 33, 34, 35, 36, 37, 38, 39, 40, 43, 45 and 47 ; in section 53 : all words from "and a person" to the end of the section; in section 56 : the definitions of "committee room" and "personal expenses" ; First Schedule.

No. 7 of 1924. Local Government Electors Registration Act, 1924. The whole Act.

No. 5 of 1925. Local Government Act, 1925. Section 57.

No. 27 of 1926. Court Officers Act, 1926. Section 39 ; in subsection (7) of section 40 : all words from "and in lieu thereof" to the end of the subsection.

No. 21 of 1927. Electoral (Amendment) Act, 1927. The whole Act

No. 23 of 1927. Juries Act, 1927. Part II.

No. 39 of 1927. Local Elections Act, 1927. The whole Act.

No. 1 of 1929. Cork City Management Act, 1929. Subsections (1), (2), (3) and (4) of section 6.

No. 27 of 1930. Local Government (Dublin) Act, 1930. Section 36 ; subsections (1) and (2) of section 38 ; subsections (1) and (2) of section 46 sections 60 and 86.

No. 29 of 1932. Electoral (Registration Appeals) Act, 1932. The whole Act.

No. 14 of 1933. Electoral (Amendment) Act, 1933. Section 2.

No. 35 of 1934. Limerick City Management Act, 1934. Sections 6 and 8 subsections (1) and (2) of section 10.

No. 9 of 1935. Local Government (Extension of Franchise) Act, 1935. The whole Act.

No. 22 of 1936. Electoral (University Constituencies) Act, 1936. The whole Act.

No. 16 of 1937. Plebiscite (Draft Constitution) Act, 1937. The whole Act.

No. 25 of 1937. Electoral (Chairman of Dáil Éireann Act, 1937. The whole Act.

No. 32 of 1937. Presidential Elections Act, 1937. Section 26; subsection (1) and paragraph (d)of subsection (2) of section 28; section 30; in Rule 8 of the First Schedule: the words "and of the mode in which electors are to vote" ; Rules 11, 12, 13 and 20 of that Schedule; in Rule 22 of that Schedule: the words" and (d) tendered ballot papers,"; paragraph (2) of Rule 26 of that Schedule; paragraphs (2) and (3) of Rule 29 of that Schedule; in paragraph (1) of Rule 32 of that Schedule: the words "the tendered ballot papers and" and the words "and the tendered votes list,"; in Rule 33 of that Schedule : the words "tendered votes lists," ; paragraph (2) of Rule 38 of that Schedule.

No. 25 of 1939. Waterford City Management Act, 1939. Section 7; subsections (1) and (3) of section 9.

No. 21 of 1940. Local Government (Dublin) (Amendment) Act, 1940. Section 12.

No. 5 of 1941. Cork City Management (Amendment) Act, 1941. Section 6.

No. 23 of 1941. Local Government Act, 1941. Subsection (4) of section 34; Subsection (5) of section 35; sections 36, 37, 38, 39, 40 and 42 ; subsection (4) of section 45; section 81 ; Third Schedule.

No. 28 of 1941. Electoral Act, 1941. The whole Act.

No. 8 of 1942. Referendum Act, 1942. Sections 13, 15, 21 and 28 ; Rules 12, 13 and 14 of the First Schedule; in Rule 23 of that Schedule; the words "and (d) tendered ballot papers,"; paragraphs (2) and (3) of Rule 27 of that Schedule; paragraph (3) of Rule 29 of that Schedule; in paragraph (d) of Rule 31 of that Schedule: the words "the tendered ballot papers," and the words "and the tendered votes list" ; in paragraph (c) of Rule 31 of that Schedule: the words "and tendered votes lists".

No. 18 of 1942. Local Elections (Amendment) Act, 1942. The whole Act.

No. 6 of 1945. Electoral (Dáil Éireann and Local Authorities) Act, 1945. The whole Act.

No. 15 of 1945. Presidential and Local Elections Act, 1945. The whole Act.

No. 25 of 1945. Court Officers Act, 1945. Paragraph (g) of subsection (3) of section 12.

No. 24 of 1946. Local Government Act, 1946. Section 72.

No. 29 of 1946. Presidential Elections (Amendment) Act, 1946. The whole Act.

No. 30 of 1946. Referendum (Amendment) Act, 1946. The whole Act.

No. 31 of 1946. Electoral (Amendment) Act, 1946. The whole Act.

No. 8 of 1948. Local Elections Act, 1948. The whole Act.

No. 15 of 1953. Local Elections Act, 1953. The whole Act.

No. 5 of 1959. Referendum (Amendment) Act, 1959. The whole Act.

No. 9 of 1959. Presidential Elections (Temporary Provisions) Act, 1959. The whole Act.

No. 14 of 1960. Elections Act, 1960. The whole Act,

No. 43 of 1960. Electoral Act, 1960. Sections 5, 6 and 7 and sections 9 to 17.

No. 19 of 1961. Electoral (Amendment) Act, 1961. Section 7.

 

SECOND SCHEDULE

FORMS (DÁIL ELECTIONS)

PART I

FORM OF WRIT FOR A GENERAL ELECTION

 

 

Do...............................an ceann comhairimh do dháilcheantar................... To ..................returning officer for the constituency of .....................

DE BHRÍ go bhfuil Dáil Éireann lánscortha: WHERAS Dáil Éireann is dissolved

ANOIS, déanaimse.......Cléireach NOW, I,..............Clerk of

Dháil Éireann, de réir forálacha alt 12 den Acht Toghcháin, 1963, a ordú leis seo duitse, i do cheann comhairimh do dháilcheantar .................... toghchán a chur á dhéanamh sa dáilcheantar sin do .................. Comhalta chun fónamh i nDáil Éireann don dáilcheantar sin: Dáil Éireann, in accordance with the provisions of section 12 of the Electoral Act, 1963, do hereby direct you, as the returning officer for the constituency of..................to cause an election to be held in that constituency of .........members to serve in Dáil Éireann for the said Constituency:

AGUS, tar éis an toghchán sin a AND that when such election has

bheith déanta go cuí, ainmneacha na gcomhaltaí a thoghfar amhlaidh a dheimhniú dom gan mhoill i m'Oifig i ....................... i mBaile Átha Cliath. been duly held, you do without delay certify to me in my Office at..... ...........in Dublin the names of the members so elected.

 

I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.

IN WITNESS whereof I have hereunto set my hand and seal.

 

an ................................ lá seo de ................... 19 .

this day of

NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH, TRÍ THEILEAGRAM, GO BHFUAIR SÉ AN EASCAIRE SEO. THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY BY TELEGRAM

CERTIFICATE ENDORSED ON THE WRIT.

Deimhním leis seo gurb iad na Comhaltaí a toghadh chun fónamh í nDáil Éireann do dháilcheantar ...................de bhun na heascaire sin thuas:— I hereby certify that the members elected to serve in Dáil Éireann for the constituency of ........ in pursuance of the above writ are:—

C.D. as ..................................... i gContae .....................................................

of ..................................... in the County of..........................................

E.F. as ..................................... i gContae .....................................................

of ...................................... in the County of ..........................................

G.H. as ...................................... i gContae .....................................................

of ...................................... in the County of.........................................

 

   (Sínithe)

   (Signed) A.B.

CEANN COMHAIRRMH,

Returning Officer.

......................

LABEL OR DIRECTION ON THE WRIT.

Don cheann comhairimh fo dháilcheantar .............................................................

To returning officer for the constituency of

Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.

A writ for the election of members to serve in Dáil Éireann.

ENDORSEMENT.

Fuair mé an eascaire seo istigh—

Received the within writ on—

 ............................................................................. ......................... 19   .

   (Sínithe)

   (Signed) A.B.

CEANN COMHAIRIMH,

Returning Officer.

FORM OF WRIT FOR A BYE-ELECTION.

(To be adapted appropriately if the Clerk of Dáil Éireann is directed on the same day to issue writs for the election of members to fill more than one vacancy in the representation of a constituency).

 

 

Do .........................an ceann comhairimh do dháilcheantar........ ................................... To ................returning officer for the constituency of............... ...........................

DE BHRÍ gur tharla folúntas in ionadaíocht dháilcheantar ...... ........ i nDáil Éireann toisc...... ............... ba chomhalta de Dháil Éireann don dáilcheantar sin a scor de bheith ina chomhalta ar dhóigh seachas de chionn Dáil Éireann a lánscor: WHEREAS a vacancy has occurred in the representation of the constituency of ............. in Dáil Éireann by ....... who was a member of Dáil Éireann for the said constituency ceasing to be member otherwise than in consequence of the dissolution of Dáil Éireann:

AGUS DE BHRÍ gur ordaigh Cathaoirleach Dháil Éireann dom go to cuí eascaire a chur amach chun comhalta a thoghadh do Dháil Éireann chun an folúntas réamhráite a líonadh: AND WHEREAS the Chairman of Dáil Éireann has duly directed me issue a writ for the election of a member of Dáil Éireann to fill the vacancy aforesaid:

ANOIS, déanaimse, ................. NOW, I, .................Clerk

Cléireach Dháil Éireann, de réir forálacha alt 12 den Acht Toghcháin, 1963, a ordú leis seo duitse, i do cheann comhairimh don dáilcheantar réamh- ráite, toghchán a chur á dhéanamh sa dáilcheantar sin do chomhalta chun fónamh i nDáil Éireann don dáilcheantar sin in ionad ........................................ .................... sin: of Dáil Éireann, in accordance with the provisions of section 12 of the Electoral Act, 1963, do hereby direct you, as the returning officer for the constituency aforesaid, to cause an election to be held in the said constituency of a member to serve in Dáil Éireann for the said constituency in the place of the said .....................................................................

AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainm an chomh alta a thoghfar amhlaidh a dheimhniú dom gan mhoill I m'Oifig i .......... i mBaile Atha Cliath. AND that when such election has been duly held you do without delay certify to me in my Office at ...... in Dublin the name of the member so elected.

I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.

IN WITNESS whereof I have hereunto set my hand and seal.

an .............................. lá seo de .................... 19.. day of

NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH, TRÍ THEILEAGRAM, GO BHFUAIR SÉ AN EASCAIRE SEO. THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY BY TELEGRAM

CERTIFICATE ENDORSED ON THE WRIT.

Deimhním leis seo gurb é an comhalta a toghadh chun fónamh I nDáil Éireann do dháilcheantar ........ ......... de bhun na heascaire sin thuas:— I hereby certify that the member elected to serve in Dáil Éireann for the consituency of ............ in pursuance of the above writ is:—

C.D.  ....................................... ...........................................

(Sínithe)

(Signed) AB

CEANN COMHAIRIMH,

Returning Officer.

 

LABEL OR DIRECTION ON THE WRIT.

Don cheann comhairimh do dháilcheantar ...........................................................................

To the returning officer for the constituency of

Eascaire chun conhalta a thoghadh chun fánamh í nDáil Éireann.

A writ for the election of a member to serve in Dáil Éireann.

 

ENDORSEMENT.

Fuair mé an eascaire seo istigh—

Received the within writ on—

an ................................ lá seo de .................. 19 .

this day of

(Sínithe)

(Signed) A.B.

CEANN COMHAIRIMH,

Returning Officer.

 

PART II.

5A

FORM OF BALLOT PAPER.

(Front of Paper)

 

 

Counterfoil

No.................................. Mark order of preference in spaces below.

Official Mark. Ù

DOYLE-WORKERS PARTY. (James Doyle, of 10 High Street, Builder.)

Voter's No. on register. LYNCH-DEMOCRATS. (Jane Ellen Lynch, of 12 Main Street, Grocer.)

Letter. No. O'BRIAIN-CUMANN NA SAORÀNACH. (Séamus O'Briain, ó 10 An tSráid Ard, Oide Scoile).

O'BRIEN, EAMON (Barrister) — NON-PARTY. (Eamon O'Brien, of 22 Wellclose Place, Barrister.)

O'BRIEN, EAMON (Solicitor) - YOUNG IRELAND. (Eamon O'Brien, of 102 Eaton Brae, Ranelagh, Solicitor.)

O'CONNOR-NATIONAL LEAGUE. (Charles O'Connor, of 7 Green Street, Gentleman.)

THOMPSON-FARMERS PARTY. (William Henry Thompson, of Dereen Park, Farmer.)

 

 

TREORACHA.. INSTRUCTIONS

I. Féach chuige go bhfuil an marc oifigiúil ar an bpáipéar. I. See that the official mark is on the paper.

II. Scriobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de. II Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.

III. Fill an páipéar ionas nach bhfeic-fear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é. III. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

 

(Back of Paper)

No ....................

Election for Constituency of ..........................

 

______________________

DIRECTIONS.

(1) Each ballot paper shall contain a list of the candidates as described in their respective nomination papers, arranged alphabetically in the order of their surnames or if there are two or more candidates with the same surnames, of their other names, or if their other names are the same, in the order of their occupations.

(2) The surname of each candidate and the name of his political party, if any, shall be printed in large characters and his full name, address and occupation, if any, as appearing in his nomination paper, shall be printed in small characters.

(3) Whenever the surnames of two or more candidates are the same there shall also be printed in large characters the other names of such candidates and so much of the description of such candidates as appearing in their respective nomination papers, as will, in the opinion of the returning officer, effectively distinguish such candidates.

(4) 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.

(5) The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it shall bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility.

(6) Nothing is to appear on the ballot paper except in accordance with these directions.

THIRD SCHEDULE

Form (Presidential Elections).

 

 

Counterfoil

No............................ Mark order of preference in spaces below. Official Mark. Ù

DOYLE, JAMES (HIGH STREET—BUILDER).

(James Doyle, of 10 High Street, Builder.)

Voter's No. on register. DOYLE, JAMES (FURRY PARK—CHEMIST).

(James Doyle, of 420 Furry Park, Street.)

Letter. No. LYNCH.

(Jane Ellen Lynch, of 12 Main Street, Grocer.)

O'BRIAIN, SÉAMUS (SRÁID ARDOIDE SCOILE).

(Séamus O'Briain, ó 10 An tSráid Ard, Oide Scoile.)

O'BRIEN, EAMON (WELLCLOSE PLACE—BARRISTER).

(Eamon O'Brien, of 22 Wellclose Place, Barrister.)

O'BRIEN, EAMON (EATON BRAE—SOLICITOR).

(Eamon O'Brien, of 102 Eaton Brae, Ranelagh, Solicitor.)

O'CONNOR.

(Charles O'Connor, of 7 Green Street, Gentleman.)

THOMPSON.

(William Henry Thompson, of Dereen Park, Farmer.)

 

 

TREORACHA. INSTRUCTIONS.

I. Féach chuige go bhfuil an marc oifigiúil ar an bpáipéar. I. See that the official mark is on the paper.

II. Scriobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de. II. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice. and so on.

III Fill an páipéar ionas nach bhfeic-fear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é. III. Fold the paper to conceal your vote. Show the back of the paper, to the presiding officer and put it in the ballot box.

(Back of Paper)

No .....................

Presidential election on......................day..........................of......................... 19

__________________________________

DIRECTIONS.

 

(1) Each ballot paper shall contain a list of the candidates as described in their respective nomination papers, arranged alphabetically in the order of their surnames or if there are two or more candidates with the same surnames, of their other names, or if their other names are the same, in the order of their occupations.

(2) The surname of each candidate shall be printed in large characters and his full name, address and occupation, if any, as appearing in his nomination paper, shall be printed in small characters.

(3) Whenever the surnames of two or more candidates are the same there shall also be printed in large characters the other names of such candidates and so much of the description of such candidates as appearing in their respective nomination papers, as will, in the opinion of the returning officer, effectively distinguish such candidates.

(4) 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.

(5) The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it shall bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility.

(6) Nothing is to appear on the ballot paper except in accordance with these directions.

Section 71

FOURTH SCHEDULE

FORMS OF BALLOT PAPERS AT REFERENDA.

PART I

FORM OF BALLOT PAPER AT CONSTITUTIONAL REFERENDUM.

(Front of paper)

 

 

(Back of Paper)

 

No. .................. Constituency of....................

Reifreann í dtaobh an togra chun an Bunreacht a leasú. Referendum on proposal to amend the Constitution.

 

____________________________

Note: The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it is to bear the same number. The number on the back of the ballot paper shall be printer in the smallest characters compatible with legibility.

PART II

FORMS OF BALLOT PAPERS AT ORDINARY REFERENDA

1.

FORM OF BALLOT PAPER WHERE ONE REFERENDUM ONLY IS BEING TAKEN.

(Front of Paper)

 

 

(Back of Paper)

 

No............................................. Constituency of ......................................

Reifreann I dtaobhn togra go ...................... Referendum on proposal that .................

...................................................................... ....................................................................

...................................................................... ....................................................................

 

____________________________

Note: The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it shall bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with the legibility.

2.

FORM OF BALLOT PAPER WHERE TWO OR MORE REFERENDA ARE BEING TAKEN ON THE SAME DAY.

(Front of Paper)

 

 

Marc Oifigiúil.

Official Mark. Ü

 

 

Counterfoil No............ I gcás gach togra faoi leith dá luaithear sa chéad cholún anseo thíos, an bhfuil tú ag toiliú le dlí a dhéanamh den togra? In the case of each of the proposals stated in the first column below, do you approve of the proposal becoming law?

Voter's No. on register TOGRA. PROPOSAL. TA. YES. NÍL NO.

Letter. No. 1.

2.

3

TREORACHA. INSTRUCTIONS.

I. Féach chuige go bhfuil an marc oifigiúil ar an bpáipéar. I. See that the official mark is on the paper.

II. Cuir an marc "X" sa cholún thuas dar mírcheann "TA" os coinne gach togra faoi leith lena dtoilíonn tú II. Place the mark "X" in the column headed "YES" opposite every proposal of which you approve.

III. Cuir an marc "X" sa cholún thuas dar mír cheann "NIL" os coionne gach togra faoi leith nach dtoilíonn tú III. Place the mark "X" in the column headed "NO" opposite every proposal of which you do not approve.

IV. Fill an páipéar ionas nach bhfeichar do vóta. Taispeáin cúl an Pháipéir don oifigeach Ceannais, agus cuir sa Bhosca ballóide é. IV. Fold the paper to conceal you vote. Show the back of the paper to the presiding officer and put it - in the ballot box.

 

(Back of Paper)

 

No........................................................... Constituency of...............................................

Reifreann I dtaobh na dtograí seo a leanas:— Referenda on the following proposals:—

1. ........................................................ 1. .............................................

........................................................ ............................................

2. ........................................................ 2. ............................................

........................................................ ............................................

3. ....................................................... ............................................

....................................................... ............................................

 

____________________________

Note: The back of each ballot paper shall be numbered consecutively and the front of the counterfoil attached to it shall bear the same number. The number on the back of the ballot paper shall be printed in the smallest characters compatible with legibility.


[Number 5 of 1959.

_____________________________

 

No. 5/1959: REFERENDUM (AMENDMENT) ACT, 1959.

____________________________

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 AND 1946.

[18th March, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

[1 Form of ballot papers at constitutional referendum.

1.—At a constitutional referendum—

( a ) every ballot paper shall be in the form set out in the First Schedule to this Act, and

( b ) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.

[2 Amendments consequential on section 1, 1942, No. 8.

2.—The Referendum Act, 1942, shall have effect subject to the amendments specified in the Second Schedule to this Act.

[3 Voting by persons in employment of local returning officers.

3.—Where—

( a ) a person is entitled to vote at the poll at a referendum,

( b ) he is employed, by the local returning officer for the constituency in which he is entitled to vote, for any purpose in connection with the poll in that constituency, and

( c ) the circumstances of his employment are, in the opinion of that officer, such as to prevent him from voting at the polling station at which he would otherwise be entitled to vote,

that officer may authorise him in writing to vote at a specified other polling station in that constituency, and the polling station so specified shall, for the purpose of rule 8 of the rules contained in the First Schedule to the Referendum Act, 1942, be deemed to be the polling station allotted to him.

[4 Polling day at constitutional referendum also polling day at presidential or general election.

4.—(1) Whenever the polling day at a constitutional referendum is also the day on which the poll at an election of a person to the office of President of Ireland or at a general election is taken, an authorisation under section 3 of this Act, as well as operating to authorise the person to whom it is given to vote at the poll at the referendum at the polling station specified in the authorisation, shall also operate to authorise him to vote at the poll at the election at that polling station, and that polling station shall, for the purposes of (as may be appropriate) rule 7 of the rules contained in the First Schedule to the Presidential Elections Act, 1937, or rule 16 of the rules contained in the Fifth Schedule to the Electoral Act, 1923, be deemed to be the polling station allotted to him.

(2) Section 28 of the Referendum Act, 1942, as well as applying whenever the polling day at a constitutional referendum is also the polling day at a general election, shall also apply whenever the polling day at a constitutional referendum is also the day on which the poll at an election of a person to the office of President of Ireland is taken and, for that purpose, references in that section to a general election shall be construed as including references to an election of a person to that office.

[5 Constitutional referendum in relation to Third Amendment of the Constitution Bill, 1958.

5.—At a constitutional referendum in relation to the Third Amendment of the Constitution Bill, 1958—

( a ) a polling card sent under subsection (1) of section 4 of the Referendum (Amendment) Act, 1946, shall contain the statement set out in the Appendix to this section,

( b ) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters' list for such constituency,

( c ) a polling card sent under paragraph ( b ) of this section—

(i) shall indicate that it is for a Postal voter and shall accordingly not state the number and situation of polling place referred to in subsection (1) of the said section 4,

(ii) shall contain the statement referred to in paragraph ( a ) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

( d ) subsections (3) to (6) of the said section 4 shall apply in relation to polling cards sent under paragraph ( b ) of this section,

( e ) copies of the statement referred to in paragraph ( a ) of this section may be displayed in or in the precincts of polling stations,

( f ) notwithstanding section 2 of this Act and subparagraph (ii) of paragraph 2 of the Second Schedule thereto, in applying paragraph (3) of rule 18 of the rules contained in the First Schedule to the Referendum Act, 1942—

(I) the following subparagraph shall be substituted for subparagraph ( a ) of that paragraph:

"( a ) the presiding officer shall read out to the voter the short title of the Bill containing the proposal to amend the Constitution as stated on the ballot paper and then ask the voter, 'Do you approve of or do you object to that Bill becoming law ?';"

(II) the following subparagraph shall be substituted for subparagraph (c) of that paragraph:

"( c ) where the voter fails to understand the import of the, said question, the presiding officer—

  (i) shall read out to the voter such summary of the proposal which is the subject of the referendum as is contained in the statement set out in the Appendix to section 5 of the Referendum (Amendment) Act, 1959,

  (ii) shall then ask the voter 'Which do you wish to do to vote in favour of the proposal? or to vote against the proposal?', and

  (iii) shall then mark the ballot paper in accordance with the answer of the voter;"

APPENDIX

The following summary of the principal proposals in the Third Amendment of the Constitution Bill, 1958, is circulated for the information of voters:

At present, members of Dáil Éireann are elected on a system of proportional representation for constituencies returning at least three members, each voter having a single transferable vote.

It is proposed in the Bill to abolish the system of proportional representation and to adopt, instead, a system of single-member constituencies, each voter having a single non-transferable vote.

It is also proposed in the Bill to set up a Commission for the determination and revision of the constituencies, instead of having this done by the Oireachtas, as at present.

If you APPROVE of the proposals in the Bill, place an X opposite the word YES on the Ballot Paper.

If you DO NOT APPROVE of the proposals in the Bill, place an X opposite the word NO on the Ballot Paper.

A copy of the full text of the Bill can be inspected and purchased at all Post Offices throughout the country.

[6 Short title, collective citation and construction 1942, No. 8.

6.—(1) This Act may be cited as the Referendum (Amendment) Act, 1959.

(2) The Referendum Acts, 1942 and 1946, and this Act may be cited together as the Referendum Acts, 1942 to 1959.

(3) This Act shall be construed as one with the Referendum Acts, 1942 and 1946.

FIRST SCHEDULE

FORM OF BALLOT PAPER AT CONSTITUTIONAL REFERENDUM.

Form of front of ballot paper.

 

 

SECOND SCHEDULE

AMENDMENTS OF REFERENDUM ACT, 1942.

1. Subsections (1), (2) and (3) of section 15 shall not apply in relation to a constitutional referendum and subsection (5) of that section shall cease to have effect.

2. In the case of a constitutional referendum—

(i) in applying paragraph (1) of rule 3 of the rules contained in the First Schedule, the following subparagraph shall be substituted for subparagraph (b) of that paragraph:

"( b ) the short title of the Bill containing the proposal which is the subject of such referendum, and"; and

(ii) in applying paragraph (3) of rule 18 of those rules, the following subparagraph shall be substituted for subparagraph (c) of that paragraph:

"( c ) where the voter fails to understand the import of the said question, the presiding officer shall read out to the voter the short title of the Bill to amend the Constitution as stated on the ballot paper and then ask the voter, 'Do you approve of or do you object to that Bill becoming law?' and then mark the ballot paper in accordance with the answer of the voter;".


Number 8 of 1944.

_____________________________

 

No. 8/1944: CONSTITUTION (VERIFICATION OF PETITION) ACT, 1944.

____________________________

AN ACT TO PRESCRIBE THE MANNER IN WHICH SIGNATURES TO A PETITION PRESENTED TO THE PRESIDENT UNDER ARTICLE 27 OF THE CONSTITUTION SHALL BE VERIFIED.

[20th March, 1944 ]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

[1 Verification of signatures of members of Dáil Eireann.

1.—Every signature of a member of Dáil Eireann to a petition presented to the President under Article 27 of the Constitution shall be verified either—

( a ) by a certificate, in whichever of the following forms is appropriate, signed by the Clerk of Dáil Eireann, or the Clerk-Assistant of Dáil Eireann, and written on the petition beside or immediately below the signature or signatures to which it relates, that is to say:—

(i) where the certificate relates to one signature only:—

  "I hereby certify that the adjoining (or above) signature is the signature of A. B., a member of Dáil Eireann.

.  ......................................

  Clerk (or Clerk-Assistant) of Dáil Eireann."

(ii) where the certificate relates to two or more signatures:—

  "I hereby certify that the adjoining (or above)....................signatures are the respective signatures of A. B., C. D., E. F., etc. each of whom is a member of Dáil Eireann.

  .......................................................

  Clerk (or Clerk-Assistant) of Dáil Eireann."

or

( b ) by a certificate in the following form signed by a Justice of the District Court, a Commissioner for Oaths, or an officer of the Gárda Síochána not below the rank of Superintendent, and written on the petition beside or immediately below the signature to which it relates, that is to say:—

  "I hereby certify that the adjoining (or above) signature is the signature of A. B., who is personally known to me and is, to the best of my knowledge and belief, a member of Dáil Eireann.

  ..................................................................

  Justice of the District Court, (or Commissioner for Oaths or ........... of the Gárda Síochána)."

[2 Verification of signatures of members of Seanad Eireann.

2.—Every signature of a member of Seanad Eireann to a petition presented to the President under Article 27 of the Constitution shall be verified either—

( a ) by a certificate, in whichever of the following forms is appropriate, signed by the Clerk of Seanad Eireann, or the Clerk-Assistant of Seanad Eireann, and written on the petition beside or immediately below the signature or signatures to which it relates, that is to say:—

(i) where the certificate relates to one signature only:—

  "I hereby certify that the adjoining (or above) signature is the signature of A.B, a member of Seanad Eireann

  ..............................

  Clerk (or Clerk-Assistant) of Seanad Eireann."

(ii) where the certificate relates to two or more signatures:—

  "I hereby certify that the adjoining (or above). signatures are the respective signatures of A. B., C. D., E. F, etc. each of whom is a member of Seanad Eireann.

  ......................................

  Clerk (or Clerk-Assistant) of Seanad Eireann."

or

( b ) by a certificate in the following form signed by a Justice of the District Court, a Commissioner for Oaths, or an officer of the Gárda Síochána not below the rank of Superintendent, and written on the petition beside or immediately below the signature to which it relates, that is to say:—

"I hereby certify that the adjoining (or above) signature is the signature of A. B., who is personally known to me and is, to the best of my knowledge and belief, a member of Seanad Eireann.

  ...................................................

  Justice of the District Court (or Commissioner for Oaths or.......................of the Gárda Síochána).

[3 Acceptance of verification as sufficient evidence.

3.—Whenever a petition is presented to the President under Article 27 of the Constitution, it shall be lawful for the President to accept the verification of a signature thereto in accordance with whichever of the foregoing sections is applicable as sufficient evidence that such signature is the signature of the person whose signature it purports to be and that such person is a member of Dáil Eireann or of Seanad Eireann (as the case may be).

[4 Offences and penalties.

4.—(1) Every person who does any of the following things shall he guilty of a corrupt practice within the meaning of Part I of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), that is to say:—

( a ) by signing a petition presented to the President under Article 27 of the Constitution falsely represents himself to be a member of Dáil Eireann or of Seanad Eireann, or

( b ) affixes to any such petition a signature purporting to be the signature of a person other than himself, or

( c ) makes, in a certificate affixed to any such petition, in pursuance of this Act, a statement which is to his knowledge false or misleading, or

( d ) does, in relation to the signing of any petition, anything which, if done in relation to voting at an election of a member of Dáil Eireann, would be either bribery as defined in the said Part I of the said Act or undue influence as so defined.

(2) In the foregoing sub-section of this section the expression "petition presented to the President under Article 27 of the Constitution" shall be construed and have effect as including a document intended to be or prepared with a view to its being presented to the President as a petition under the said Article (whether such document is or is not subsequently so presented), and accordingly, if any person does, in relation to or in connection with any such document, any act which, if done in relation to or in connection with a petition presented as aforesaid, would render him guilty (by virtue of the said foregoing sub-section) of a corrupt practice within the meaning of Part I of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), such person shall be guilty of a corrupt practice within the meaning aforesaid.

(3) Section 6 (except sub-section (2) thereof) of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), shall apply and have effect in relation to a person guilty of an offence which is by virtue of this section a corrupt practice within the meaning of that Act in like manner as it applies and has effect in relation to a person guilty of an offence which is a corrupt practice by virtue of section 1 of the said Act.

[5 Short title.

5.—This Act may be cited as the Constitution (Verification of Petition) Act, 1944.


[Number 8 of 1942.

_____________________________

 

No. 8/1942: REFERENDUM ACT, 1942.

____________________________

AN ACT TO MAKE PROVISION FOR THE TAKING OF A REFERENDUM AND FOR THE TRIAL BY THE HIGH COURT OF QUESTIONS ARISING IN RESPECT OF THE TAKING OF A REFERENDUM AND TO PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID.

[26th May, 1942.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

PRELIMINARY AND GENERAL

[1 Short title.

1.—This Act may be cited as the Referendum Act, 1942.

[2 Definitions.

2.—In this Act—

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "constitutional referendum" means a referendum on a proposal for the amendment of the Constitution;

the expression "ordinary referendum" means a referendum on a proposal other than a proposal for the amendment of the Constitution;

the word "referendum", when used without qualification, includes both a constitutional referendum and an ordinary referendum;

the expression "general election" means a general election of members of Dáil Eireann consequent on a dissolution of Dáil Eireann;

the expression "Dáil elector" means a person entitled to vote at a Dáil election;

the expression "Dáil election" means an election of a member or members of Dáil Eireann;

the word "prescribed" means prescribed by regulations made by the Minister under this Act.

[3 Regulations.

3.—The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

[4 Expenses.

4.—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.

[5 Repeals.

5.—The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

[6 The referendum returning officer.

6.—(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 referendum returning officer for the purposes of this Act.

(2) It shall be the duty of the referendum returning officer to conduct the referendum for which he is appointed, to ascertain and declare the result of the voting thereon in accordance with this Act, and to do such other things in respect of such referendum as he is required by this Act to do.

(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for his services and expenses in respect of every referendum conducted by him.

[7 Statement by registration officers of the number of Dáil electors.

7.—(1) As soon as may be after the passing of this Act, every registration officer shall send to the referendum returning officer a statement in the prescribed form of the number of Dáil electors registered in the register of electors then in force in each constituency or portion of a constituency in the registration area of such registration officer.

(2) Whenever after the passing of this Act a register of electors comes into force, every registration officer shall forthwith send to the referendum returning officer a statement in the prescribed form of the number of Dáil electors registered in the register of electors in each constituency or part of a constituency in the registration area of such registration officer.

(3) Whenever the number of Dáil electors which is the subject of a statement sent by a registration officer to the referendum returning officer in pursuance of this section becomes altered by the decision of appeals, correction of errors, or any other cause, such registration officer shall forthwith communicate to the referendum returning officer the fact of such alteration and the particulars thereof.

PART II

THE POLL AT A REFERENDUM

[8 The polling day at a constitutional referendum.

8.—(1) Whenever a bill containing a proposal for the amendment of the Constitution shall have been passed or be deemed to have been passed by both Houses of the Oireachtas it shall be lawful for the Minister to appoint by order the day (in this Act also referred to as the polling day) upon which the polling at the referendum on such proposal shall take place.

(2) The polling day appointed by an order made by the Minister under this section shall not be less than thirty days and not more than ninety days after the date of such order.

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

[9 Power to appoint the same polling day for a general election and a constitutional referendum.

9.—(1) Whenever a bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Eireann is dissolved before the Minister has made under the next preceding section an order appointing the polling day at the referendum on such proposal, the Minister, if he so thinks fit, may (notwithstanding anything contained in the said next preceding section) appoint by his order under that section the polling day at the general election consequent on such dissolution of Dáil Eireann to be the polling day at such referendum.

(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Eireann is dissolved after the Minister has made his order (in this sub-section referred to as the original order) under the next preceding section in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister, if he so thinks fit, may by order amend the original order by substituting the day which is the polling day at the general election consequent on such dissolution of Diál Eireann for the day named in the original order as the polling day at such referendum.

[10 The polling day at an ordinary referendum.

10.—(1) Whenever—

( a ) the President informs the Taoiseach in accordance with Article 27 of the Constitution that he has decided that a bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and

( b ) the Government determines that a referendum for the purpose of ascertaining the will of the people on such proposal shall be taken,

the Minister shall, within one week after such determination by the Government, appoint by order the day (in this Act also referred to as the polling day) upon which the polling at such referendum shall take place.

(2) The polling day appointed by an order made by the Minister under this section shall not be less than thirty days and not more than ninety days after the date of such order.

(3) Whenever the Government determines than an ordinary referendum shall be taken, the Government shall cause notice of such determination to be published in the Iris Oifigiúil, and thereupon such publication shall be conclusive evidence of such determination.

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

[11 Method of taking the poll at a referendum.

11.—The following provisions shall have effect in relation to the taking of the poll at a referendum, that is to say:—

( a ) save as is otherwise provided by this Act, the poll shall be taken on one day only and that day shall be the same throughout the State and shall be the day appointed by the order of the Minister under this Act to be the polling day at such referendum;

( b ) the poll shall commence at nine o'clock in the forenoon and shall be kept open until nine o'clock in the afternoon and no longer;

( c ) for the purpose of taking the poll, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of the election of members of Dáil Eireann, and the poll shall be taken separately in each such constituency;

( d ) the person who would be the returning officer at a Dáil election in any such constituency shall be the returning officer (in this Act referred to as the local returning officer) in such constituency for the purpose of the poll and, where such person is a county registrar, sub-section (7) of section 40 of the Court Officers Act, 1926 (No. 27 of 1926), shall apply and have effect;

( e ) each voter at the poll shall record his vote in the constituency in which he would be entitled to vote at a general election of members of Dáil Eireann;

( f ) each such constituency shall be deemed to be divided for the purpose of the poll into the same polling districts as those into which it 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;

( g ) it shall be the duty of every local returning officer to conduct the taking of the poll in his constituency in accordance with this Act, and for that purpose to provide such polling stations, ballot boxes, ballot papers, stamping instruments, copies of the register of electors and other things, appoint and pay such officers and do such other acts and things as may be necessary for effectually taking the poll in his constituency in accordance with this Act;

( h ) every local returning officer shall, in relation to the taking of the poll in his constituency, comply with the provisions of this Act, the rules contained in the First Schedule to this Act, and the orders made and instructions given by the Minister under this Act.

[12 Local returning officers' expenses.

12.—(1) Every local returning officer at the taking of the poll at a referendum shall be entitled to his reasonable charges, not exceeding the sums specified in the scale of maximum charges framed under this section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes or in connection with the taking of such poll.

(2) The amount of the charges mentioned in the foregoing sub-section of this section of a local returning officer shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof on an account to be submitted to him by such returning officer in accordance with regulations to be made by the said Minister under this section, but the said Minister may, if he thinks fit, before payment of the charges of any local returning officer, apply to a judge of the Circuit Court having jurisdiction in the constituency of such returning officer for the taxation of such account and thereupon such judge shall cause such account to be taxed and the amount payable thereunder to be determined by the county registrar.

(3) The Minister for Finance may, if he so thinks fit, on the application of a local returning officer, make to such officer, on such terms as the said Minister shall think proper, an advance on account of the charges payable to such returning officer under this section.

(4) The taxation under this section of the account of a local returning officer shall, if the judge so directs on the application of such returning officer, include the taxation and determination of the amount of any claim made by any person against such returning officer in respect of any matter charged for in such account.

(5) The Minister for Finance shall prescribe for the purposes of this section a scale of maximum charges and may revise such scale as and when he thinks fit, and may also make regulations as to the time when and the manner and form in which accounts are to be rendered to him by local returning officers for the purposes of the payment of such charges.

[13 Restrictions on persons entitled to vote at the poll.

13.—(1) No person shall be entitled to vote in any constituency at the poll at a referendum unless he is registered as a Dáil elector in the register of electors for the time being in force for such constituency.

(2) No person who has not attained the age of twenty-one years shall be entitled to vote at the poll at a referendum.

(3) No person shall be entitled to vote more than once (whether in the same constituency or in different constituencies) at the poll at a referendum, but subject to that limitation, every person who is registered as a Dáil elector in the register of electors for the time being in force for a constituency shall (save as is otherwise provided by this section) be entitled to demand and receive a ballot paper and to vote in such constituency at such poll.

(4) No person who is for the time being prohibited by law from voting at a Dáil election shall be entitled to receive a ballot paper or to vote at the poll at a referendum, and every person who votes at such poll while he is so prohibited shall be liable to the same penalties as those for which he would be liable if he voted at a Dáil election.

[14 The ballot papers.

14.—(1) The votes at the poll at a referendum shall be given by ballot and the ballot of each voter shall consist of a paper (in this Act called a ballot paper).

(2) Every ballot paper shall have a number printed on the back thereof and shall have attached counterfoil with the same number printed on the face thereof and shall be capable of being folded up.

(3) Every ballot paper shall, at the time of issue thereof, be marked on both sides with an official mark either stamped or perforated.

(4) The referendum 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 to every local returning officer such number of ballot papers as such officer shall reasonably require.

[15 Form of ballot papers.

15.—(1) Every ballot paper at a referendum shall be in whichever of the forms set out in the Second Schedule to this Act is applicable.

(2) Where the same day is the polling day at two or more referenda, then and in such case (save as is otherwise provided by the next following sub-section of this section) separate ballot papers shall not be issued for such referenda and, in lieu thereof, every ballot paper at such referenda shall be so framed that the voter shall be able to record thereby a separate vote in respect of each such referendum.

(3) Where the same day is the polling day at two or more referenda and the Minister is of opinion that it is for any reason impracticable or inexpedient to comply with the next preceding sub-section of this section in regard to those referenda, the following provisions shall apply and have effect, that is to say:—

( a ) the Minister may direct that separate ballot papers shall be issued for one or more or all of such referenda;

( b ) where the Minister gives such direction as is authorised by the foregoing paragraph of this sub-section, separate ballot papers shall, notwithstanding anything contained in the said next preceding sub-section, be issued in accordance with that direction;

( c ) where the Minister gives such direction as aforesaid and such direction does not apply to all of such referenda, then and in such case, if there is only one of such referenda to which such direction does not apply, separate ballot papers shall be issued for that one of such referenda, and, if there are two or more of such referenda to which such direction does not apply, the said next preceding sub-section shall apply and have effect in relation to those two or more of such referenda.

(4) Every ballot paper in respect of one referendum shall contain a statement of the proposal which is the subject of such referendum, and every ballot paper in respect of two or more referenda having the same polling day shall contain, in respect of each such referendum, a statement of the proposal which is the subject of such referendum.

(5) At a constitutional referendum, the proposal which is the subject thereof shall be stated on the ballot paper in the same terms as nearly as may be as such proposal is stated in the bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.

(6) At an ordinary referendum, the proposal which is the subject thereof shall be stated on the ballot paper in the same terms as nearly as may be as such proposal is stated in the writing under the hand and seal of the President sent by him to the Taoiseach.

[16 Method of marking a vote on a ballot paper.

16.—(1) Every voter at the poll at a referendum shall record his vote by marking his ballot paper in accordance with the instructions for marking which are printed on the ballot paper.

(2) Any ballot paper—

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

( b ) on which no vote is placed at all, or

( c ) on which the vote is not so placed as to indicate that the voter approves or does not approve of the proposal which is the subject of such referendum, or

( d ) on which votes are given both for and against such proposal, or

( e ) on which anything by which the voter can be identified (except the number required by law to be printed on the back of the ballot paper) is written or marked,

shall be invalid and shall not be counted.

(3) Where a ballot paper is not invalid under any of the provisions of the next preceding sub-section of this section, such ballot paper shall not be invalid merely because it does not comply with the instructions for marking which are printed thereon, and in particular shall not be invalid because the mark "x" is not used in marking such paper, provided such paper is so marked as to indicate with reasonable certainty the will of the voter.

(4) Where a ballot paper relates to two or more referenda and a vote is properly recorded thereon in respect of one or more but not all of such referenda, such ballot paper, if not otherwise invalid, shall be valid for the purposes of the referendum or in respect of which a vote is properly recorded thereon and invalid and not counted for the purposes of the referendum or referenda in respect of which a vote is not recorded thereon or is improperly recorded thereon.

[17 Personation agents.

17.—(1) Any member of Dáil Eireann or of Seanad Eireann may appoint a person (in this Act referred to as a personation agent) to attend at a particular polling station at a referendum for the purpose of assisting in the detection of persons committing or attempting to commit the offence of personation.

(2) A member of Dáil Eireann or of Seanad Eireann may appoint under this section, in respect of any referendum, personation agents at as many polling stations as he thinks fit, but no one member of Dáil Eireann or of Seanad Eireann shall appoint more than one personation agent in respect of any one polling station.

(3) A member of Dáil Eireann or of Seanad Eireann appointing under this section a personation agent in respect of a polling station shall, not less than forty-eight hours before the commencement of the poll, furnish in writing to the local returning officer in the constituency in which such polling station is situate the name of such personation agent and the name or description of the polling station in respect of which he is appointed.

(4) Every personation agent duly appointed under this section and of whose appointment notice is duly given in accordance with the next preceding sub-section of this section shall be entitled to attend in the polling station to which he is so appointed during the whole of the time for which the poll is open and during half an hour before and half an hour after that time.

(5) No personation agent shall, while the poll remains open, leave the polling station to which he is appointed without previously obtaining the permission of the presiding officer or without depositing with the presiding officer for the duration of his absence all registers, books, and documents in which he has made any note, writing, or mark during the poll.

(6) Any personation agent who leaves a polling station in contravention of this section shall not be permitted to return to such polling station until after the close of the poll and shall also be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.

(7) Where the polling day at a constitutional referendum is also the polling day at a general election, the following provisions shall apply and have effect, that is to say:—

( a ) the powers conferred by the foregoing provisions of this section on a member of Dáil Eireann shall be exercisable by any person who was a member of Dáil Eireann immediately before the dissolution which occasioned such general election, and

( b ) every person appointed under section 22 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), to be a personation agent for, the purposes of such general election at a polling station in a constituency in which a poll is taken at such general election shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum, and the foregoing provisions of this section shall apply to him accordingly.

[18 Appointment of presiding officers.

18.—(1) Every local returning officer at a referendum shall appoint, in respect of every polling station in his constituency, a fit and proper person to be the presiding officer in such polling station.

(2) Every presiding officer appointed under this section shall have in his polling station all the powers and duties conferred or imposed by this Act on a presiding officer.

[19 Keeping of order in polling stations.

19.—If, at the poll at a referendum, any person misconducts himself in a polling station or fails to obey the lawful orders of the presiding officer, he may immediately by order of the presiding officer be removed from such polling station by any member of the Gárda Siochana or by any person authorised in writing by the presiding officer to remove him, and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter such polling station during the poll.

[20 Postal voters.

20.—(1) Every person whose name is, at the time of the poll at a referendum, on the postal voters' list for a constituency shall be entitled to vote in that constituency at the poll at such referendum by sending his ballot paper by post to the local returning officer for the said constituency and shall not be entitled to vote at such referendum in any other manner.

(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every person who is on the postal voters' list for his constituency a ballot paper and a declaration of identity in the prescribed form.

(3) If a ballot paper sent to any person under the next preceding sub-section of this section is returned to the local returning officer duly marked by the said person and is accompanied by the declaration of identity duly signed and authenticated and is received by such returning officer before the close of the poll, such ballot paper shall be treated and counted by such returning officer in the same manner as a ballot paper placed in the ballot box in the ordinary way.

(4) In sending out, receiving, and otherwise dealing with the ballot papers of postal voters, every local returning officer shall observe and comply with the law (so far as it is not inconsistent with this Act) for the time being regulating the sending out, receiving and otherwise dealing with the ballot papers of postal voters at a Dáil election.

[21 Questions and oaths at the poll at a referendum.

21.—(1) No question, inquiry, or objection shall be put, made, or permitted during the poll at a referendum as to the right of any person to vote, and no objection to the right of any person to vote shall be made or received by any presiding officer at such poll save only that the presiding officer may and, if so required by a personation agent, shall put to any person at the time of his applying for a ballot paper and not afterwards the following questions, or any two or one of them, viz:—

(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of.......................................................................................................... .............................................................................................................

(ii) Have you already voted at this referendum?

(iii) Have you attained the age of twenty-one years?

And unless such of those questions as are put to such person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of those questions, in the negative that person shall not vote.

(2) A presiding officer at the poll at a referendum may, and, if so required by a personation agent, shall administer to any person at the time of his applying for a ballot paper and not afterwards an oath or (in the case of any person who objects to take 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 I, A B, 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 electors now in force for the constituency of ................................................................ and that I have not already voted at this referendum, and that I have attained the age of twenty-one years."

(3) Save as is mentioned in this section, it shall not be lawful at the poll at a referendum to require any person to take any oath or affirmation either in respect of his right to vote or any other matter whatsoever.

(4) It shall not be lawful to reject any vote tendered at a referendum by any person whose name appears as a Dáil elector upon the register of electors in force for the time being except by reason of its appearing to the presiding officer upon putting the questions aforesaid, or any two or one of them, that the person so claiming to vote is not the person whose name appears on such register as aforesaid, or that such person has already voted at that referendum or that such person has not attained the age of twenty-one years or except by reason of such person refusing to answer the said questions, or any two or one of them, or to take the said oath or make the said affirmation.

(5) Where the same day is the polling day at two or more referenda, the following provisions shall have effect, that is to say:—

( a ) in the questions and oath authorised by this section the words "any of these referenda" shall be substituted for the words "this referendum";

( b ) a person who applies for a ballot paper shall be deemed to tender his vote at all the said referenda;

( c ) subject to the provisions of this Act in relation to a voter who inadvertently spoils his ballot paper, a voter who receives a ballot paper shall not be entitled to receive another ballot paper on the ground that he did not record on the said ballot paper a vote in respect of all the said referenda.

[22 Infringement of secrecy.

22.—(1) Every officer, clerk, and person employed or in attendance at a polling station at the poll at a referendum shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any voter who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk or person, and no other person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the manner in which any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the manner in which any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.

(2) Every officer, clerk, and person employed or in attendance at the opening of the ballot boxes or the counting of the votes by a local returning officer at a referendum shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such opening or counting the number on the back of any ballot paper, or communicate any information obtained at such opening or counting as to the manner in which any vote is given in any particular ballot paper.

(3) Every officer, clerk, and person concerned in or present at the issue of ballot papers to postal voters or the receipt of ballot papers from postal voters at a referendum shall maintain, and aid in maintaining the secrecy of the voting by such voters, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any postal voter to or from whom any ballot paper has been sent or received, or as to the official mark, and no such officer, clerk, or person, and no other person whosoever shall interfere with, or attempt to interfere with, the receipt, marking, or return of his ballot paper by any postal voter at a referendum or attempt to obtain information as to the manner in which any such voter has voted, or communicate at any time to any person any information obtained in connection with the issue or receipt of ballot papers to or from postal voters at a referendum as to the manner in which any such voter has voted or as to the number on the back of the ballot paper sent to any such voter.

(4) No person shall directly or indirectly induce any voter at a referendum to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the manner in which such voter has marked his vote.

(5) Every person who by any act or omission contravenes any of the provisions of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.

[23 Proceedings in case of riot at the poll.

23.—(1) If and whenever, at a referendum, the polling at any polling place is wholly prevented or is interrupted or obstructed by riot or open violence or persons are prevented by riot or open violence from proceeding to a polling place, the local returning officer in the constituency in which such polling place is situate shall adjourn the polling at such polling place to the next following day which is not a Sunday, Good Friday, Christmas Day, or a bank holiday and shall, if necessary, further adjourn such polling until such riot or open violence has ceased.

(2) Whenever the polling at one or more polling places in a constituency at a referendum is adjourned under this section, the local returning officer in such constituency shall not open any of the ballot boxes used at any polling place in such constituency until the polling at all such places has been completed.

[24 Destruction, etc., of ballot boxes or ballot papers.

24.—If at the poll at a referendum any ballot boxes or ballot papers are taken out of the custody of the local returning officer or a presiding officer or are in any way tampered with or are either accidentally or intentionally destroyed or (in the case of ballot papers) are maliciously torn or defaced, the following provisions shall have effect, that is to say:—

( a ) the polling at every polling place at which any of such ballot boxes or ballot papers were used shall be void;

( b ) the local returning officer for the constituency in which such ballot boxes or ballot papers were used shall forthwith inform the Minister of such polling having so become void;

( c ) upon receipt of such information, the Minister shall forthwith take all such steps and give all such directions as he shall think proper for the taking of a fresh poll at every such polling place;

( d ) a fresh poll shall be taken at every such polling place in accordance with the directions given by the Minister;

( e ) this Act shall apply in respect of such fresh poll in like manner as it applies to the original poll.

[25 Use of schools and other buildings.

25.—(1) For the purpose of taking the poll at a referendum, a local returning officer may use, free of charge, any room in a school receiving a grant out of moneys provided by the Oireachtas, and any room the expense of maintaining which is payable out of any local rate, and may, where no such room is available, hire a building or room.

(2) Whenever a local returning officer uses free of charge a room under the foregoing sub-section of this section, he may defray any expenses incurred by the person having control of such room on account of its being so used and shall pay for any damage done to such room while it is so used.

(3) The use or hire under this section by a local returning officer of a room in an unoccupied building shall not render any person liable to be rated or to pay any rate in respect of such building.

(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 from the local returning officer notice of such officer's intention to use such school or any part thereof under this section, object to such use by sending a written statement of such objection to such returning officer, and thereupon it shall not be lawful for such returning officer so to use such school or any part thereof unless or until such objection is overruled by the Minister on the application of such returning officer.

[26 Use of local government ballot boxes, etc.

26.—Where any constituency comprises the whole or any part of any local government electoral area, any ballot boxes, fittings for polling stations, and compartments provided for local government elections in such electoral area may be used for the poll at a referendum in such constituency, and it shall be the duty of the local returning officer at any such poll in such constituency to make use so far as practicable of the ballot boxes, fittings, and compartments aforesaid, and the court upon taxation of his accounts shall have regard to the provisions of this section, and any damage other than reasonable wear and tear caused to any such ballot boxes, fittings, and compartments by such user at any such poll shall be paid as part of the expenses of such local returning officer.

[27 Prohibition of disclosure, etc.

27.—No person who has voted at a referendum shall be required in any legal proceeding to state the manner in which he has voted at such referendum.

[28 Special provisions where a general election and a constitutional referendum have the same polling day.

28.—Whenever the polling day at a constitutional referendum is also the polling day at a general election, the following provisions shall (notwithstanding anything to the contrary contained in this Act) apply and have effect in every constituency in which a poll is taken at such general election, that is to say:—

( a ) the poll at such referendum shall be taken at the same time, in the same places, by the same persons, and in the same manner as the poll at such general election;

( b ) the same official mark shall be used for the ballot papers at such referendum as is used for the ballot papers at such general election;

( c ) the ballot papers at such general election shall not be of the same colour as the ballot papers at such referendum, and for that purpose white shall be deemed to be a colour;

( d ) the ballot paper for such referendum shall be handed to each voter or, in the case of voters on the postal voters lists, sent to each voter at the same time as the ballot paper for such general election is handed or sent to him;

( e ) the returning officer may, if he so thinks proper, provide separate ballot boxes for the ballot papers for such referendum and for the ballot papers for such general election;

( f ) if such separate boxes are so provided, a ballot paper for such referendum shall not be invalid by reason only of its being put into a ballot box provided for ballot papers for such general election, and a ballot paper for such general election shall not be invalid by reason only of its being put into a ballot box provided for ballot papers for such referendum;

( g ) if such separate ballot boxes are not so provided, the ballot papers for such referendum and the ballot papers for such general election shall be put into the same ballot boxes.

[29 Application of the Prevention of Electoral Abuses Act, 1923.

29.—(1) The following portions of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), shall apply and have effect in relation to every referendum, that is to say:—

( a ) Part I, except section 7;

( b ) in Part II, sections 9, 10, 13, and 15;

( c ) in Part III, sections 25 and 26;

( d ) in Part VIII, sections 44, 45, 46, 49, 52, 53, and 56.

(2) For the purpose of the application of the said portions of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), to a referendum in pursuance of the foregoing sub-section of this section—

( a ) the word "election" wherever it is used without qualification in the said portions of the said Act shall be construed and have effect as including a referendum;

( b ) the expression "Dáil election" and the expression "Dáil or Seanad election", wherever they respectively occur in the said portions of the said Act, shall be construed as including a referendum;

( c ) all references in the said portions of the said Act to candidates shall be disregarded;

( d ) in sub-sections (2) and (3) of section 2 of the said Act, the words "the return of any person to serve in the Oireachtas or" shall be disregarded;

( e ) in sub-section (3) of section 10 of the said Act, the question "Have you already voted at this referendum?" shall be substituted for the question mentioned in that sub-section;

( f ) in sections 25 and 26 of the said Act, the expression "personating agent" shall be construed as meaning a personation agent appointed under this Act;

( g ) in section 46 of the said Act, the expression "returning officer" shall be construed and have effect as including both the referendum returning officer and a local returning officer;

( h ) in section 52 of the said Act, the words "proceedings are held before an election court" shall be construed as meaning the trial before the High Court of a referendum petition, and the words "the report of such court" shall be construed as meaning the final order of the High Court on such trial.

(3) There shall be included in every corrupt and illegal practices list prepared in pursuance of section 43 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), the names and descriptions of all persons who are convicted by any court of a corrupt or illegal practice within the meaning of the said Act at a referendum.

[30 The provisional referendum certificate.

30.—(1) As soon as may be after the close of the poll at a referendum in any constituency, the local returning officer for that constituency shall, in accordance with the Rules contained in the First Schedule to this Act, count the votes recorded in his constituency and report the result of such counting to the referendum returning officer.

(2) When the referendum returning officer has received from every local returning officer the report of the result of the counting of the votes recorded in his constituency at the poll at a referendum, the referendum returning officer shall prepare, sign, and publish, in accordance with the Rules contained in the First Schedule to this Act, a certificate (in this Act referred to as the provisional referendum certificate) stating the particulars of the voting at such referendum and the result thereof.

(3) When the referendum returning officer is informed in writing by the Master of the High Court in relation to a provisional referendum certificate either that no referendum petition in respect of such certificate has been presented within the time limited by this Act or that every referendum petition presented in respect of such certificate has become null and void, the said provisional referendum certificate shall (save where otherwise provided by this Act) become and be final and incapable of being questioned in any court and shall be conclusive evidence of the voting at the referendum to which such certificate relates and of the result of such referendum.

[31 Punishment of officers guilty of gross negligence.

31.—Every local returning officer, presiding officer, clerk, or other person having duties in connection with the conduct of a referendum in any constituency who commits any wilful or grossly negligent misfeasance or any grossly negligent act or omission in contravention of this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

[32 Issuing of instructions by the Minister.

32.—(1) The Minister may, whenever he thinks proper so to do, issue to all or any local returning officers or officer such instructions in relation to the conduct of the poll (including the opening of the ballot boxes and the counting of the votes) at a referendum as he shall consider necessary or expedient in order to ensure the smooth and efficient taking of such referendum and to secure uniformity of procedure in regard thereto in all constituencies.

(2) It shall be the duty of every local returning officer to observe and comply with all instructions given to him by the Minister under the next preceding sub-section of this section.

(3) If any difficulty shall arise in the taking of a referendum, the Minister may by order provide for any matter or do anything not inconsistent with this Act which appears to him to be necessary for the proper taking of such referendum.

(4) No local returning officer shall be required or authorised by an instruction given to him or an order made by the Minister under this section 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.

PART III

REFERENDUM PETITIONS

[33 Definitions in this Part of this Act.

33.—In this Part of this Act—

the expression "corrupt practice" means an offence which is a corrupt practice within the meaning of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923),

the expression "duly presented" means, in relation to a referendum petition, that such petition either was presented in accordance with this Part of this Act and did not become null and void after such presentation or was presented by the Attorney-General with the leave of the court under the provision in that behalf contained in this Part of this Act.

[34 Referendum petitions.

34.—(1) A petition (in this Act referred to as a referendum petition) questioning the validity of a provisional referendum certificate may be presented to the High Court in accordance with this Part of this Act by any person authorised by this section so to do.

(2) A referendum petition may question a provisional referendum certificate either—

( a ) in respect of the particulars stated in such certificate of the voting in any one constituency, on the ground that corrupt practices prevailed extensively at or in relation to the taking of the referendum in that constituency or on the ground of error or misconduct (whether by act or omission) on the part of the local returning officer for that constituency, or

( b ) in respect of the particulars stated in such certificate of the aggregate voting at the referendum as a whole or of the result of the referendum as so stated, on the ground of error on the part of the referendum returning officer or, in the case of an ordinary referendum, on the ground of error in relation to the number of Dáil electors on the register of electors or the time being in force.

(3) A referendum petition may be presented by any of the following persons, that is to say:—

( a ) in the case of a petition in respect of the voting in one constituency, by any person who voted in that constituency at the referendum or who claims that he was entitled to vote in that constituency at the referendum but was unlawfully refused a ballot paper or was in any other manner unlawfully prevented from so voting;

( b ) in the case of a petition in respect of the aggregate voting at the referendum as a whole or in respect of the result of the referendum, by any person who voted at the referendum;

( c ) in any case, by the Attorney-General.

(4) A provisional referendum certificate shall not be capable of being questioned in any manner in any court save only by a referendum petition presented to the High Court under this Part of this Act.

[35 The respondent to a referendum petition.

35.—(1) Where a referendum petition is presented by a person other than the Attorney-General, the Attorney-General shall be named therein as the respondent thereto.

(2) Where a referendum petition is presented by the Attorney-General, no person shall be named therein as the respondent thereto but the High Court may, if it so thinks proper, assign counsel to present the case against the petition.

(3) Where, in a referendum petition or any particulars filed in relation thereto or at the hearing of a referendum petition, any particular person is alleged to have been guilty of a corrupt practice in relation to the referendum or where a copy of a referendum petition is served on a particular person by direction of the High Court, the High Court may, on the application of that person, add or name him as a respondent to such petition.

(4) Where, at the trial of a referendum petition presented by the Attorney-General, a question of law arises in relation to anything done or omitted by the referendum returning officer or a local returning officer, the High Court may, on the application of the Attorney-General, name the referendum returning officer or such local returning officer (as the case may be) as respondent to such petition to argue the said question of law, but for no other purpose.

(5) Where the referendum returning officer or a local returning officer is named as respondent to a referendum petition under the next preceding sub-section of this section, the costs and expenses incurred by such officer in or about appearing on and arguing the question of law shall be defrayed by the Minister for Finance out of moneys provided by the Oireachtas.

(6) References in this section to arguing a question of law shall be construed and have effect as including arguing such question before the Supreme Court on a case stated (if any) thereon as well as arguing such question before the High Court.

[36 General provisions in respect of referendum petitions.

36.—The following provisions shall apply and have effect in relation to every referendum petition, that is to say:—

( a ) the petition shall be presented by being lodged in the Central Office of the High Court, and shall be so presented not later than twenty-one days after the publication in the Iris Oifigiúil of the provisional referendum certificate to which the petition relates;

( b ) save where the Attorney-General is the petitioner, a copy of the petition shall be served on the Attorney-General within five days after the day on which it is presented, and an affidavit verifying such service shall be filed in the Central Office of the High Court within the said five days;

( c ) save where the Attorney-General is the petitioner, the petitioner shall, within five days after the petition is presented, give security for the costs of the Attorney-General to the amount of one thousand pounds either,

(i) by the lodgement of the sum of one thousand pounds with the Accountant of the Courts of Justice, or

(ii) by-entering into a recognisance, with three sureties accepted by the Master of the High Court, conditioned for the payment of the costs of the Attorney-General to such (if any) amount not exceeding one thousand pounds as shall be ordered by the High Court;

( d ) if, in a case to which, the foregoing provisions of this section in relation to serving a copy of the petition, filing an affidavit of service, and giving security for costs apply, those provisions are not all complied with, the petition shall, at the expiration of the time limited by this section for complying with those provisions, become and be null and void;

( e ) the petition shall set out with reasonable particularity the grounds on which it is based and shall pray that the provisional referendum certificate to which it relates shall be reviewed by the High Court;

( f ) the petition shall be signed by the petitioner or by his counsel;

( g ) where the ground or one of the grounds on which the petition is based is that corrupt practices prevailed extensively in relation to the taking of the referendum in a particular constituency, such corrupt practices need only be-stated generally in the petition, but save where the Attorney-General is the petitioner, the petitioner shall lodge a fun and detailed statement of the particulars of such corrupt practices in the Central Office of the High Court and serve a copy thereof on the Attorney-General within fourteen days after the presentation of the petition;

( h ) where a statement of particulars of corrupt practices has been lodged in pursuance of the next preceding paragraph of this section, the High Court may, at any time on the application of the Attorney-General, require the petitioner to furnish further and better particulars of such corrupt practices;

( i ) if, at the expiration of twenty-one days from the publication of a provisional referendum certificate in the Iris Oifigiúil, no referendum petition has been presented in relation to such certificate, the Master of the High Court shall, immediately on the expiration of those twenty-one days, inform the referendum returning officer in writing of that fact;

( j ) if a referendum petition is presented by the Attorney-General within the time limited by this section, the Master of the High Court shall forthwith inform the referendum returning officer in writing of that fact;

( k ) if a referendum petition is presented by a person other than the Attorney-General within the time limited by this section, the Master of the High Court shall forthwith inform the referendum returning officer in writing of that fact and shall also, after, but not more than seven days after, the expiration of twenty-one days from the publication of the relevant provisional referendum certificate in the Iris Oifigiúil, inform the referendum returning officer in writing either (as the facts may be)—

(i) that the provisions of this section in relation to filing an affidavit of service on the Attorney-General and in relation to giving security for costs have been duly complied with in respect of such petition, or

(ii) that the said provisions have not been complied with in respect of such petition and that such petition has therefore become null and void;

( l ) unless or until rules of court are made in respect of referendum petitions, the rules of court for the time being in force in respect of plenary summonses and the trial of actions in the High Court shall, subject to the provisions of this Part of this Act, apply and have effect in respect of referendum petitions and the trial thereof with the necessary modifications;

( m ) in the reckoning of any period of time mentioned in this section which does not exceed ten days, Sundays, bank holidays, Christmas Day, and Good Friday shall be excluded.

[37 Giving of notice to interested persons.

37.—(1) Where, at any time before or during the trial of a referendum petition, it appears to the High Court that a particular person is so concerned in or affected by such petition that he ought to have notice thereof, the High Court may, on the application of the Attorney-General or on its own motion, direct that a copy of such petition together with such notice as is mentioned in the next following sub-section of this section be served on that person by the Attorney-General.

(2) The notice to be served on a person in pursuance of a direction of the High Court under the next preceding sub-section of this section shall state that it appears to the High Court that such person is so concerned in or affected by the referendum petition of which a copy is served with such notice that he ought to have notice of that petition, and the said notice shall also state that such person is entitled under this Part of this Act to apply, if he so thinks fit, to the High Court to have himself added or named as a respondent to such petition.

[38 The trial of a referendum petition.

38.—(1) The following provisions shall have effect in respect of the trial of a referendum petition, that is to say:—

( a ) every referendum petition shall be tried by the High Court and every such trial shall be before three judges of that court;

( b ) the trial shall take place in the City of Dublin, but it shall be lawful for the court to transfer the trial or any part thereof to any other place whenever, owing to the number of local witnesses or for any other reason, such transfer appears to the court to be expedient;

( c ) if the trial or any part thereof is transferred to a place outside the City of Dublin, sections 41, 42, 43, and 44 of the Courts of Justice Act, 1936 (No. 48 of 1936), shall apply and have effect as if the court were the High Court on Circuit and the said place (if it is not an appeal town) were an appeal town;

( d ) the evidence at the trial shall, save where the court otherwise directs, be given viva voce;

( e ) the petitioner and the respondent (if any) shall each be entitled to adduce evidence and, where there are two or more respondents, each of them shall be entitled to be heard and adduce evidence separately;

( f ) where two or more referendum petitions are presented in respect of the same provisional referendum certificate, all such petitions shall, so far as practicable, be heard and determined by the same three judges, and all or any two or more of such petitions may, at the discretion of the court, be tried together or be consolidated;

( g ) the referendum returning officer shall attend the trial and produce and deliver to the court the provisional referendum certificate and generally give to the court such assistance as shall be requested of him by the court, but without prejudice to his being called as a witness by any party to the petition;

( h ) no person shall be asked or required to state how he voted at the referendum;

( i ) the costs of all parties to the petition shall be in the discretion of the court, and the court shall have power to order the costs or any part of the 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 the Attorney-General are so ordered to be paid by the petitioner, the court shall make provision for the payment, where necessary, of such costs out of or by means of the security for costs given by the petitioner.

(2) The court trying a referendum petition shall be entitled, at any time during such trial, to direct that a particular person shall be brought before the court and shall give evidence at such trial, and whenever the court so directs, the following provisions shall have effect, that is to say:—

( a ) the court shall have power to compel the attendance of the person to whom such direction relates, and the Attorney-General shall take all such steps as the court shall direct for bringing such person before the court;

( b ) the costs and expenses of bringing such person before the court (including any moneys payable to him as witness's expenses) shall be defrayed in the first instance by the Attorney-General but shall be part of the Attorney-General's costs and shall ultimately be borne accordingly;

( c ) the said person shall be compellable to give evidence and shall be examined by the court and may be cross-examined by any party to the referendum petition;

( d ) the said person shall not be entitled to refuse to answer any question on the ground that such answer would incriminate him in respect of any crime or offence.

[39 Production of documents by the referendum returning officer.

39.—(1) At the trial of a referendum petition, the court shall be entitled to require the referendum returning officer to produce and deliver to the court all or any of the documents in his possession relating to the referendum, including reports, packets, and documents sent to him by local returning officers.

(2) All documents delivered to the court under the foregoing sub-section of this section shall be retained by the court until the relevant provisional referendum certificate has become final and shall then be returned to the referendum returning officer.

(3) While any documents are retained by the court under this section, it shall be lawful for the court to authorise any particular person of persons to inspect all or any of such documents and, where necessary, to open sealed packets, and it shall be lawful for the court to impose such conditions and restrictions as it shall think proper in respect of any such inspection.

[40 Re-taking a referendum in a constituency.

40.—(1) At the trial of a referendum petition which questions the validity of a provisional referendum certificate in respect of the voting in a particular constituency, it shall be lawful for the High Court to order that the referendum shall be taken again in that constituency, and when the High Court so orders the following provisions shall have effect, that is to say:—

( a ) the court shall, in the said order, appoint the day which shall be the polling day for the purpose of such retaking of the referendum;

( b ) the referendum shall be retaken in the said constituency and the provisions of this Act in relation to the taking of a referendum (including the provisions relating to payment of the referendum returning officer for his services and expenses and to the charges and expenses of local returning officers) shall apply to such retaking, with the substitution of the polling day appointed by the said order of the court for a polling day appointed by the Minister;

( c ) when the referendum returning officer has received the report of the local returning officer of the result of the counting of the votes at such retaking, he shall forthwith report such result to the High Court.

(2) The High Court shall not order a referendum to be taken again in any constituency merely on account of a non-compliance with the Rules contained in the First Schedule to this Act or a mistake in the use of forms prescribed by or under this Act where it appears to the court that such referendum was conducted in that constituency in accordance with the general principles laid down in the Act and that such non-compliance or mistake did not affect the result of the referendum in the said constituency.

[41 The final order on a referendum petition.

41.—(1) Where only one referendum petition is duly presented in respect of a provisional referendum certificate, the final order of the court on the trial of such referendum petition shall either—

( a ) confirm without alteration the said provisional referendum certificate which was the subject of the petition, or

( b ) direct that the said certificate shall be amended in accordance with the findings of the court (including the result of any retaking of the referendum) and confirm the said certificate as so amended.

(2) Where two or more referendum petitions are duly presented in respect of the same provisional referendum certificate, then and in such case, whether such petitions are tried separately or are tried together or are consolidated, one consolidated final order shall be made by the court on such petitions at the conclusion of the trials or trial thereof and such consolidated final order shall either—

( a ) confirm without alteration the said provisional referendum certificate which was the subject of the said petitions, or

( b ) direct that the said certificate shall be amended in accordance with the several findings of the court in regard to the said petitions respectively (including the result of any retaking of the referendum) and confirm the said certificate as so amended.

(3) Where the court confirms a provisional referendum certificate without alteration, the court shall cause a statement of the fact of such confirmation to be endorsed on such certificate by a registrar of the High Court and shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer.

(4) Where the court directs a provisional referendum certificate to be amended and confirms such certificate as so amended, the court shall cause such certificate to be amended in accordance with such direction, and shall further cause a statement of the fact that such amendment was made by order of the court and of the fact that such certificate as so amended was confirmed by the court to be endorsed on such certificate by a registrar of the High Court, and shall cause such certificate so amended and endorsed to be returned forthwith to the referendum returning officer.

(5) A provisional referendum certificate duly endorsed in accordance with this section shall, when it is received by the referendum returning officer from the High Court, forthwith become and be, in the form in which it was confirmed by the court, final and incapable of being further questioned in any court and shall, in that form, be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.

[42 Provisions in respect of referenda having the same polling day.

42.—Where the same day is the polling day in respect of two or more referenda and either a referendum petition or two or more referendum petitions questioning the provisional referendum certificate relating to one only of such referenda is or are duly presented or referendum petitions respectively questioning some but not all of the provisional referendum certificates respectively relating to such referenda are duly presented, the following provisions shall have effect notwithstanding anything inconsistent therewith contained in this Act, that is to say:—

( a ) a provisional referendum certificate relating to any of such referenda shall not become final by reason of no referendum petition questioning such certificate having been duly presented;

( b ) it shall be lawful for the Attorney-General, with the leave of the High Court, to present at any time a referendum petition questioning any provisional referendum certificate which relates to any of the said referenda and has not been confirmed by the High Court and is not the subject of a referendum petition duly presented;

( c ) all the referendum petitions (duly presented) questioning any of the provisional referendum certificates relating to any of the said referenda shall, so far as practicable, be heard and determined by the same three judges, and all or any two or more of the said petitions may, at the discretion of the court, be tried together or be consolidated;

( d ) the final orders of the court on all the trials of the said referendum petitions shall be made on the same day;

( e ) when the said final orders have been made, every provisional referendum certificate relating to any of the said referenda in respect of which no referendum petition was duly presented shall be deemed to have been confirmed by the court, and the court shall cause to be endorsed on every such certificate by a registrar of the High Court a statement that such certificate is deemed to have been confirmed by the High Court and the court shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer;

( f ) the referendum returning officer shall deliver to the High Court for endorsement under the next preceding paragraph of this sub-section every provisional referendum certificate which is deemed under that paragraph to have been confirmed by the court, and every such certificate when so endorsed and received by the referendum returning officer from the High Court shall forthwith become and be final and incapable of being questioned in any court and shall be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.

[43 Death of or delay by a petitioner.

43.—The following provisions shall apply and have effect in relation to every referendum petition presented by a person other than the Attorney-General, that is to say:—

( a ) where there are two or more petitioners and one or more but not all of them dies or die at any time before the final order of the court on the trial of the petition, the surviving petitioner or petitioners shall be entitled to carry on the petition subject to such application or order as may be required by rules of court;

( b ) where the only or the last surviving petitioner dies at any time before the final order of the court on the trial of the petition, the High Court shall, on application of the Attorney-General, transfer the carriage of the petition to the Attorney-General, and thereupon all subsequent proceedings on the petition shall be conducted as if the petition were a petition presented by the Attorney-General;

( c ) if the petitioner fails to proceed with reasonable speed with the proceedings on the petition, the High Court may, on the application of the Attorney-General, either forthwith make a final order confirming without alteration the provisional referendum certificate which was the subject of the petition or transfer the carriage of the petition to the Attorney-General and authorise him to proceed on the petition as if it had been presented by him;

( d ) nothing in this section shall operate to prevent the High Court ordering the costs or part of the costs of the Attorney-General to be paid out of or by means of the security for costs given by a deceased petitioner or by a petitioner who has failed to proceed with reasonable speed.

[44 Appeal by case stated to the Supreme Court.

44.—(1) At any stage of the trial of a referendum petition, the High Court may, if it so thinks proper on its own motion or on the application of any party to such petition, state a case for the opinion of the Supreme Court on any question of law arising at such trial.

(2) When the High Court states a case for the opinion of the Supreme Court under this section, the High Court shall not make any final order in relation to the referendum petition in connection with which such case is stated until the Supreme Court has given its decision on the question referred to it by such case, and the High Court may adjourn the trial or any part of the trial of such referendum petition until such decision is given.

(3) The costs of all parties in or about a case stated for the Supreme Court under this section shall for all purposes be part of the costs of such parties respectively in or about the referendum petition in connection with which such case is stated.

FIRST SCHEDULE

RULES FOR TAKING THE POLL AT A REFERENDUM.

PART I

Functions of the Local Returning Officers

Deputy local returning officer.

1.—(1) It shall be lawful for any local returning officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer, and accordingly in this Schedule the expression "local returning officer" includes, in relation to any duties for which a deputy local returning officer is so appointed, the deputy local returning officer so appointed.

(2) The provisions of section 4 of the Electoral (Revision of Constituencies) Act, 1935 (No. 5 of 1935), and of the Second Schedule to that Act in relation to assistant returning officers shall apply and have effect in relation to every referendum, and accordingly in this Schedule the expression "local returning officer" includes, in relation to any portion of a constituency in which an assistant returning officer is appointed or acts under the said provisions of the said Act, the assistant returning officer so appointed or acting.

Notice to local returning officers.

2.—As soon as practicable after the Minister has made an order appointing the polling day at a referendum, the referendum returning officer shall send to every local returning officer a copy of such order and a copy of the proposal which is the subject of such referendum.

Public notices of the taking of the referendum.

3.—(1) Every local returning officer shall, immediately upon receiving the copy of the said order from the referendum returning officer, give public notice in the prescribed form of—

( a ) the taking of the referendum to which such order relates, and

( b ) the proposal which is the subject of such referendum, and

( c ) the post offices at which copies of the Bill containing such proposal may be inspected and purchased, and

( d ) the date of the polling day at such referendum.

(2) Every local returning officer shall, as soon as may be after the publication of the said public notice, send a copy of that notice to the postmaster of the principal post office in each polling district in his constituency in an envelope or wrapper endorsed with the words "Notice of Referendum", and every such envelope or wrapper so endorsed shall be forwarded and delivered free of charge by the Minister for Posts and Telegraphs.

(3) Every postmaster to whom a copy of the said notice is so sent shall upon receipt thereof forthwith publish the same in the manner in which Post Office notices are usually published.

Availability of copies of the Bill at post offices.

4.—(1) The Minister for Posts and Telegraphs shall cause copies of the Bill containing the proposal which is the subject of the referendum to be made available for inspection and purchase by members of the public at such post offices throughout the State as shall be agreed upon between the said Minister and the Minister for Local Government and Public Health at all times at which such post offices are open from the third day after the date of the order appointing the polling day until the polling day.

(2) Any member of the public shall be entitled to inspect free of charge a copy of the said Bill at any post office at which it is made available for such inspection in pursuance of this rule during any time at which it is so made available, and also to purchase at any such post office and time a copy of the said Bill on paying therefor such sum (not exceeding six pence) as shall be fixed by the Minister for Posts and Telegraphs.

Provision of polling stations.

5.—At every polling place the local returning officer shall provide a sufficient number of polling stations for the accommodation of the voters entitled to vote at such polling place, and shall distribute the polling stations amongst those voters in such manner as he thinks most convenient.

Provision of compartments.

6.—Every polling station shall be furnished with such number of compartments, in which the voters can mark their votes screened from observation, as the local returning officer thinks necessary, but at least one compartment shall be provided for every one hundred and fifty voters entitled to vote at such polling station.

Position of polling station.

7.—A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth.

Voting at polling station.

8.—No person shall be admitted to vote at any polling station, except the one allotted to him.

Notice of situation of polling stations.

9.—The local returning officer shall give public notice of the situation of all polling stations in his constituency, and the description of voters entitled to vote at each such station.

Local returning officer to provide materials, etc.

10.—The local returning officer shall provide at every polling station materials wherewith voters may mark their ballot papers, instruments for stamping the official mark on the ballot papers, and copies of the register of electors for the time being in force or such part thereof as contains the names of the voters allotted to vote at such station.

Secrecy of the official mark.

11.—The local returning officer shall keep the official mark secret.

Appointment of clerks to assist presiding officers.

12.—(1) The local returning officer may appoint, for each polling station, such and so many clerks as he shall think proper to assist the presiding officer at such polling station.

(2) A presiding officer may do, by the clerks appointed under this rule to assist him, any act which he is required or authorised by this Act to do, except ordering the arrest of any person or the exclusion or ejection of any person from the polling station.

Duties of presiding officers during the poll.

13.—Every presiding officer shall keep order at his polling station, shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except his clerks, the personation agents (if any) appointed for his polling station, and the members of the Gárda Síochána on duty.

Undertaking for secrecy at the poll.

14.—Every local returning officer and every officer, clerk, personation agent, and other person who is permitted to be present in a polling station (otherwise than for the purpose of voting at the poll) shall, before the opening of the poll, sign an undertaking in the prescribed form to preserve the secrecy of the ballot.

Ballot boxes.

15.—(1) Every ballot box shall be so constructed that, without the box being unlocked, the ballot papers can be introduced therein, but cannot be withdrawn therefrom.

(2) The presiding officer at each polling station, immediately before the commencement of the poll, shall show the ballot boxes empty to such persons, if any, as may then be present in such station, so that they may see that they are empty, and shall then lock each ballot box and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Method of voting.

16.—Immediately before a ballot paper is delivered to a voter it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and description of the voter as stated in the copy of the register of electors shall be called out, and the number of such voter shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the voter to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.

Method of voting continued.

17.—The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box.

Incapacitated voters.

18.—(1) If any voter satisfies the presiding officer that his sight is so impaired or he is otherwise so physically incapacitated or he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the personation agents (if any), cause the vote of such voter to be marked on a ballot paper in the manner directed by such voter and shall place the ballot paper so marked in the ballot box.

(2) A request made by a voter within four hours before the hour fixed for closing the poll to have his ballot paper marked for him under this rule may be refused by the presiding officer, if in his opinion, having regard to the number of voters 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 voters.

(3) In carrying out the provisions of this rule, the presiding officer shall observe and comply with the following directions, that is to say:—

( a ) the presiding officer shall ask the voter, "Which do you wish to do—to vote in favour of the proposal? or to vote against the proposal?";

( b ) the presiding officer shall then mark the ballot paper in accordance with the answer of the voter to the said question;

( c ) where the voter fails to understand the import of the said question, the presiding officer shall read out to the voter the proposal as stated on the ballot paper and then ask the voter, "Do you approve of or do you object to that proposal becoming law?" and then mark the ballot paper in accordance with the answer of the voter;

( d ) where the ballot paper enables the voter to vote in respect of two or more proposals, the presiding officer shall comply with the foregoing sub-paragraphs of this paragraph in respect of each of such proposals separately and successively;

( e ) the presiding officer shall not accept, consider, or act upon any paper or document purporting to show the manner in which the voter desires to vote and shall not mark the ballot paper of the voter otherwise than after compliance and in accordance with the foregoing provisions of this paragraph of this rule.

Alleged personation.

19.—If a person, representing himself to be a particular person named on the register of electors, applies for a ballot paper after another person has voted as such person, the applicant shall, upon duly answering the questions and taking the oath or affirmation permitted by this Act to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet and shall not be counted by the returning officer, and the name of such voter and his number on the register shall be entered on the tendered votes list in the prescribed form.

Inadvertent destruction of ballot paper.

20.—A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled.

Sealing and disposal of ballot boxes.

21.—(1) As soon as practicable after the close of the poll, the presiding officer at each polling station shall seal up with his own seal the ballot boxes used at the poll in that polling station so as to prevent the introduction of additional ballot papers.

(2) As soon as practicable after the close of the poll, the presiding officer at each polling station shall deliver the said ballot boxes, sealed up as directed by this rule, to the local returning officer who shall thereupon take charge of such ballot boxes.

Duty of presiding officer at close of poll.

22.—The presiding officer at each polling station, as soon as practicable after the close of the poll, shall make up into separate packets sealed with his own seal—

( a ) the unused and spoilt ballot papers, placed together, and

( b ) the tendered ballot papers, and

( c ) the marked copies of the register of electors, and the counterfoils of the ballot papers, and

( d ) the tendered votes list,

and shall deliver all such packets to the local returning officer.

Statement by presiding officer.

23.—The packets mentioned in the next preceding rule shall be accompanied by a statement in the prescribed form made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of (a) ballot papers in the ballot boxes, (b) unused ballot papers, (c) spoilt ballot papers, and (d) tendered ballot papers, which statement is in this Act referred to as the ballot paper account.

Opening of the ballot boxes.

24.—As soon as practicable after the close of the poll in a constituency, the local returning officer for that constituency shall open each ballot box used at the poll in that constituency, take out the ballot papers therein, count and record the number thereof, and then mix together the whole of the ballot papers contained in the said ballot boxes.

Counting of the votes.

25.—(1) When the local returning officer has mixed the ballot papers together, he shall count the votes recorded thereon and ascertain the number of votes thereby given in favour of the proposal which is the subject of the referendum and the number of votes thereby given against that proposal and shall record the said numbers respectively.

(2) Where the ballot papers relate to two or more referenda, the local returning officer shall count and record in accordance with this rule separately the numbers of votes recorded on such ballot papers in favour of and against the several proposals which are the respective subjects of such referenda.

(3) While carrying out the foregoing provisions of this rule, the local returning officer shall reject any ballot papers which are invalid but, where the ballot papers relate to two or more referenda, he shall distinguish between ballot papers which are wholly invalid and ballot papers which are invalid only in respect of one or some but not all of such referenda.

(4) The decision of the local returning officer as to the validity or invalidity of any ballot paper shall be final and capable of being questioned only by a referendum petition.

Recounting of the votes.

26.—(1) At any time during the counting of the votes, the local returning officer may and, if so required by any person lawfully present, shall recount the votes recorded on all the ballot papers or on any particular parcel of ballot papers.

(2) If, on any first recount under this rule, the result of such recount is the same as the result of the original count, the local returning officer shall not be obliged to make any further recount, but if, on such first recount, the result of such recount is different from the result of the original count, the local returning officer shall repeat the recount until the results of two consecutive such recounts are identical.

Report in respect of rejected ballot papers.

27.—(1) The local returning officer shall endorse "rejected" on any ballot paper which he rejects as invalid and, where such ballot paper relates to two or more referenda, shall add (as the case may require) either the word "wholly" or an indication of the referendum in respect of which it is rejected.

(2) The local returning officer shall report to the referendum returning officer the number of ballot papers rejected and not counted by him under the several heads following, that is to say:—

( a ) want of official mark,

( b ) writing or mark by which the voter could be identified,

( c ) unmarked or void for uncertainty.

(3) Where the ballot papers relate to two or more referenda, the local returning officer shall in his said report distinguish between the ballot papers which he rejects as being wholly unmarked or void for uncertainty and those which he rejects as being unmarked or void for uncertainty in respect of one or some, but not all, of such referenda.

Precautions for preservation of secrecy.

28.—The local returning officer, while counting and arranging the ballot papers and recording the numbers thereof in pursuance of the preceding rules, shall keep the ballot papers with their faces upwards and shall take all proper precautions for preventing any person from seeing the numbers printed on the backs of such ballot papers.

Persons to be present at the opening of the ballot boxes and counting of the votes.

29.—(1) Each member of Dáil Eireann for the constituency and any member of Seanad Eireann may nominate two persons to be present on his behalf at the opening of the ballot boxes and counting of the votes; any such member may nominate himself as one of the persons so nominated by him.

(2) The local returning officer, his assistants and clerks, persons nominated as aforesaid by members of Dáil Eireann or of Seanad Eireann and no other person (except with the permission of the local returning officer) may be present at the opening of the ballot boxes and counting of the votes.

(3) The local returning officer and every clerk, assistant, and person who is permitted to be present at the opening of the ballot boxes or the counting of the votes shall, before the commencement of such opening, sign an undertaking in the prescribed form to preserve the secrecy of the ballot.

(4) Where the polling day at a constitutional referendum is also the polling day at a general election, the powers conferred by the foregoing provisions of this rule on a member of Dáil Eireann shall be exercisable by any person who was a member of Dáil Eireann immediately before the dissolution which occasioned such general election.

Continuity of proceedings on the opening of the ballot boxes and counting of the votes.

30.—(1) The local returning officer shall, so far as practicable, proceed continuously with the opening of the ballot boxes and counting of the votes, allowing only time for refreshment and excluding (except in so far as he may consider expedient) the hours between seven o'clock at night and nine o'clock on the succeeding morning.

(2) During the said excluded time, the local returning officer shall place the ballot papers and other documents relating to the poll under his own seal and shall otherwise take proper precautions for the security of such papers and documents.

Sending of report and documents to the referendum returning officer.

31.—When the local returning officer has completed the counting of the votes, he shall do the following things, that is to say:—

( a ) send to the referendum returning officer a report in writing in the prescribed form stating the number of valid votes recorded in favour of the proposal, the number of valid votes recorded against the proposal, and such other matters as shall be prescribed;

( b ) where the same day is the polling day at two or more referenda, the local returning officer shall send to the referendum returning officer a separate such report as aforesaid in respect of each such referendum;

( c ) send to the referendum returning officer the following packets and statement in respect of postal voters, that is to say: the packet containing the declarations of identity which accompanied ballot papers duly accepted, and the packet containing rejected declarations of identity with the envelopes (if any) attached thereto, and the packet containing rejected ballot papers, and a statement, in the form directed by the Minister, showing the number of ballot papers sent to postal voters and giving, in regard to such ballot papers, the particulars required by the form;

( d ) seal up in separate packets the counted ballot papers and the rejected ballot papers and (without opening the sealed packets containing respectively the tendered ballot papers, the marked copy of the register of electors, and the counterfoils) proceed to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him, the unused and spoilt ballot papers, and the tendered votes list and, after resealing each examined packet, prepare a report stating the result of such verification;

( e ) send to the referendum returning officer all the packets (including sealed packets not opened), ballot paper accounts and tendered votes lists mentioned in the next preceding paragraph of this rule, and also the report prepared in pursuance of that paragraph, having previously endorsed on each such packet a description of its contents, an identification of the referendum to which they relate, and the name of his constituency.

PART II

Functions of the Referendum Returning Officer

The provisional referendum certificate.

32.—(1) As soon as the referendum returning officer has received from every local returning officer the report of the numbers of the votes recorded in his constituency, the referendum returning officer shall prepare from such reports and shall sign the provisional referendum certificate in the prescribed form stating:—

( a ) in the case of a constitutional referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against such proposal, and whether a majority of the votes recorded at the referendum was or was not recorded in favour of such proposal;

( b ) in the case of an ordinary referendum, the number or votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against such proposal, and, if the number of votes recorded against such proposal exceeds the number of votes recorded in favour of such proposal, the total number of Dáil electors on the register of electors for the time being in force, and whether the number of votes recorded against such proposal is or is not less than thirty-three and one-third per cent. of the said total number of Dáil electors, and in any case whether such proposal was or was not vetoed at such referendum;

( c ) in every case, the number of votes reported by the local returning officers to have been recorded in each constituency in favour of the proposal which is the subject of the referendum and the number of votes similarly reported to have been recorded in each constituency against such proposal.

(2) As soon as may be after he has signed the provisional referendum certificate, the referendum returning officer shall publish in the Iris Oifigiúil a copy of that certificate together with a statement that such certificate will become final and incapable of being questioned when he is informed by the Master of the High Court either that no referendum petition has been duly presented in respect thereof or that every such petition so presented has become null and void.

(3) When a provisional referendum certificate has become final otherwise than by being confirmed by the High Court, the referendum returning officer shall endorse on such certificate a statement that it has so become final and shall send a copy thereof to the Taoiseach.

(4) When a provisional referendum certificate has been confirmed or is deemed to have been confirmed by the High Court and is returned to the referendum returning officer with a statement of the fact of such confirmation endorsed thereon in accordance with this Act, the referendum returning officer shall send a copy of such certificate to the Taoiseach.

Disposal of documents.

33.—(1) Subject to the provisions of the following paragraphs of this rule, the referendum returning officer shall retain all reports, documents, and packets sent to him by a local returning officer in respect of a referendum until the expiration of six months after the provisional referendum certificate in respect of such referendum has become final and shall then destroy all such reports, packets, and documents.

(2) Where the same day is the polling day at two or more referenda, the referendum returning officer shall, notwithstanding anything contained in the next preceding paragraph of this rule and subject to the provisions of the next following paragraph of this rule, retain all the reports, documents, and packets mentioned in the said next preceding paragraph which relate to any one or more of the said referenda until six months after the several provisional referendum certificates in respect of the said referenda respectively have all become final.

(3) The obligation to retain reports, documents, and packets imposed on the referendum returning officer by the preceding paragraphs of this rule is subject and without prejudice to the obligation imposed on him by this Act to produce and deliver such reports, documents, and packets to the High Court at the hearing of a referendum petition.

Non-inspection of counterfoils and counted ballot papers.

34.—Notwithstanding anything contained in the next preceding rule, no sealed packet of counterfoils shall at any time be opened and no counterfoil and no counted ballot paper shall at any time be inspected save under and in accordance with an order of the High Court under Part III of this Act.

PART III

General

Method of giving public notice.

35.—Where the referendum returning officer or a local returning officer is required or authorised by this Act to give any public notice, he shall, unless some other method is prescribed by this Act, give such notice by such advertisements, placards, handbills, or other means as he thinks best calculated to afford information to the voters.

Restrictions on persons to be employed by returning officers.

36.—No person shall be employed by the referendum returning officer or by a local returning officer who has been employed by any other person in or about the referendum or the taking of the poll.

SECOND SCHEDULE

FORMS OF BALLOT PAPERS.

I.

FORM OF BALLOT PAPER WHERE ONE REFERENDUM ONLY IS BEING TAKEN.

FORM OF FRONT OF BALLOT PAPER.

Do you approve or do you disapprove of the Proposal stated in the first column below becoming law?

 

 

PROPOSAL I  APPROVE I  DISAPPROVE

 

 

Referendum counterfoil.

 

 

 

Number ....

 

 

 

 

 

 

 

INSTRUCTIONS FOR MARKING THIS PAPER.

If you approve of the Proposal stated in the first column above becoming law, make the mark "x" in the above column headed "I approve."

If you disapprove of that Proposal becoming law, make the mark "x" in the above column headed "I disapprove."

FORM OF BACK OF BALLOT PAPER.

Number ...................................................

Constituency of                               Referendum on Proposal that........................................

 .......................                              ...................................................................................

NOTE.—The number on the back of the ballot paper is to correspond with the number on the counterfoil.

II.

FORM OF BALLOT PAPER WHERE TWO OR MORE REFERENDA ARE BEING TAKEN ON THE SAME DAY.

FORM OF FRONT OF BALLOT PAPER.

In the case of each of the Proposals stated in the first column below, do you approve or do you disapprove of the Proposal becoming law?

 

 

PROPOSALS I  APPROVE I  DISAPPROVE

 

 

 

Referendum counterfoil. 1.

 

 

 

 

 

 

Number .... 2.

 

 

 

 

3.

 

 

 

 

 

INSTRUCTIONS FOR MARKING THIS PAPER.

You are to vote separately in regard to each of the Proposals stated in the first column above, but you are not obliged to vote on every of those Proposals.

If you approve of any of the Proposals stated in the first column above becoming law, make the mark "x" in the above column headed "I approve" opposite every Proposal of which you so approve.

If you disapprove of any one or more of those Proposals becoming law, make the mark "x" in the above column headed "I disapprove" opposite every Proposal of which you so disapprove.

FORM OF BACK OF BALLOT PAPER.

Number .................. Referenda on the following Proposals, viz:—

Constituency of

............................    1. ..........................................................................

                                2. ..........................................................................

                                3. ..........................................................................

NOTE.—The number on the back of the ballot paper is to correspond with the number on the counterfoil.

THIRD SCHEDULE

REPEALS.

 

Number and Year Short title Extent of Repeal

No. 12 of 1923. The Electoral Act, 1923. Part V, and the Seventh Schedule.

No. 38 of 1923. The Prevention of Electoral Abuses Act, 1923. Section 23.

 


Number 16 of 1937.

_____________________________

 

No. 16/1937: PLEBISCITE (DRAFT CONSTITUTION) ACT, 1937.

____________________________

AN ACT TO PROVIDE FOR THE TAKING OF A PLEBISCITE ON A DRAFT CONSTITUTION APPROVED OF BY DAIL EIREANN (WHETHER BEFORE OR AFTER THE PASSING OF THIS ACT) BEFORE THE DISSOLUTION OF THE OIREACHTAS WHICH SHALL OCCUR NEXT AFTER THE PASSING OF THIS ACT.

[2nd June, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

 

1 Definitions.

1.—In this Act—

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "the general election" means the general election of members of Dáil Eireann consequent on the dissolution of the Oireachtas which shall occur next after the passing of this Act;

the expression "the Draft Constitution" means a Draft Constitution approved of by Dáil Eireann (whether before or after the passing of this Act) before the general election;

the expression "the plebiscite" means the plebiscite required by (his Act to be held in relation to the Draft Constitution.

 

2 Obligation to submit the Draft Constitution to a plebiscite.

2.—(1) The Draft Constitution shall be submitted to a plebiscite of the people in accordance with this Act.

(2) The plebiscite shall be taken throughout Saorstát Eireann on the day which is the polling day at the general election.

(3) The votes at the plebiscite shall be given by secret ballot.

 

3 The plebiscite returning office.

3.—(1) For the purpose of the plebiscite there shall be a plebiscite returning officer who shall be appointed by the Minister not later than the last day for nominations at the general election.

(2) The plebiscite returning officer shall such duties as are imposed on him by or under this Act.

 

4 Persons entitled to vote at the plebiscite.

4.—(1) For the purpose of taking the plebiscite, Saorstát Eireann shall be deemed to be divided into the same constituencies as those into which it is divided for the purpose of the general election.

(2) Every person who is entitled to vote at the general election (and no other persons) shall be entitled to vote at the plebiscite.

(3) Every person voting at the plebiscite shall record his vote in the constituency in which he is entitled to vote at the general election.

(4) Where, by reason of the number of candidates nominated in a constituency not exceeding the number of vacancies to be filled, no poll is taken in such constituency at the general election, every person who would have been entitled to vote in such constituency at the general election if a poll had been taken therein shall be entitled to vote in such constituency at the taking of the plebiscite.

(5) No person shall be entitled to vote more than once at the plebiscite.

 

5 Method of taking the plebiscite.

5.—(1) In every in which a poll is taken at the election, shall be taken at the same time in the same places, by the same persons, and in the same manner as such poll is taken.

(2) In every constituency in which no poll is taken at the general election owing to the number of candidates nominated not exceeding the number of vacancies to be filled, the plebiscite shall be taken at the time, in the places, by the persons, and in the manner in which such poll (if one had been taken) would have been required by law to be taken.

(3) Subject to the provisions of this Act, the law relating in the taking of a poll at a general election of members of Dáil Eireann shall apply, with the necessary modifications, to the taking of the plebiscite as if the plebiscite were a poll at such general election.

(4) In any doubt, question, or dispute shall arise or, in the opinion of the Minister, be likely to arise in relation to the modifications in the law relating to the taking of the poll at a general election of members of Dáil Eireann which are necessary to enable that law to apply, in pursuance of the next preceding sub-section of this section, to the taking of the plebiscite, such doubt, question, or dispute shall be decided by the Minister or the Minister may, if he so thinks proper, make by order any modification of the said law which appears to him to be necessary to enable such law to apply as aforesaid.

 

6 Ballot papers at the plebiscite.

6.—(1) The ballot papers at the plebiscite shall be in the form set out in the Schedule to this Act.

(2) The same official mark shall be used for the ballot papers at the plebiscite as is used for the ballot papers at the general election.

(3) The following provisions shall apply and have effect in every constituency in which a poll is taken at the general election, that is to say:—

( a ) the ballot paper for the plebiscite shall be handed to each voter or, in the case of voters on the postal voters list, sent to each voter at the same time as the ballot paper for the general election is handed or sent to him;

( b ) every returning officer may, if he so thinks proper, provide separate ballot boxes for the ballot papers for the plebiscite and for the ballot papers for the general election;

( c ) where separate ballot boxes are not, provided under the next preceding paragraph of this sub-section, the ballot papers for the plebiscite and the ballot papers for the general election shall be put into the same ballot boxes.

 

7 Voting at the plebiscite.

7.—(1) Every voter at the plebiscite shall record his vote by marking, his ballot paper in accordance with the instructions for marking which are printed on the ballot paper.

(2) Any ballot paper at the plebiscite which does not bear the official mark, or on which the mark "X" is not placed at all or is not so placed as to indicate either that the voter approves or that he does not, approve, of the Draft Constitution, or on which the mark "X" is placed in the square opposite the word "Yes" and is also placed in the square opposite the word "No", or on which anything by which the voter can be identified (except the number required by law to be printed on the back of the ballot paper) is written or marked shall be invalid and shall not be counted.

 

8 Prevention of electoral abuses at the plebiscite.

8.—(1) The plebiscite shall be an election within the meaning and for the purposes of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), and the word "election" wherever it is used without qualification in that Act shall be construed as including the plebiscite and the said Act shall apply and have effect in relation to the plebiscite accordingly.

(2) In addition and without prejudice to the provisions of the next preceding sub-section of this section, every statutory provision relating to bribery, personation, or corrupt practices at elections of members of Dáil Eireann or to election petitions in respect of such elections which is in force at the passing of this Act shall apply and have effect in relation to the plebiscite, and for that purpose every reference in any such statutory provision to an election of members of Dáil Eireann shall be construed as referring to the plebiscite.

(3) For the purpose of calculating the time within which anything is required by law to 'be done in relation to a petition questioning the return to the plebiscite, the date on which the said return is published in the Iris Oifigiúil by the plebiscite returning officer in pursuance of this Act shall be substituted for the date on which the return to the writ for the election of members of Dáil Eireann is made by a returning officer to the Clerk of Dáil Eireann.

(4) It shall not be obligatory on a Court hearing a petition questioning the return to the plebiscite to cause a re-count to be made of the votes given or otherwise to investigate the voting or the counting of votes at the plebiscite in any constituency in respect of which the Court is satisfied that the voting in that constituency is not in issue on such petition.

(5) The agent of a candidate at the general election shall, so far as is not inconsistent with this Act, have the like privileges in relation to the plebiscite as he has in relation to the general election.

(6) Every personation agent appointed under section 22 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), for the purposes of the general election shall be deemed also to have been appointed as such personation agent for the purposes of the plebiscite and shall accordingly have, in relation to the plebiscite, the like powers and duties as he has in relation to the general election.

 

9 Counting of the votes given at the plebiscite.

9.—(1) The votes given at the plebiscite in any constituency in which a poll is taken at the general election shall be counted in the same place and, so far as may be practicable, at the same time and in the same manner as the votes given in that constituency at the general election are counted, and every person who is entitled to be present at the counting of the said votes given at the general election shall be entitled to be present at the counting of the said votes given at the plebiscite.

(2) In every constituency in which no poll is taken at the general election owing to the number of candidates nominated not exceeding the number of vacancies to be filled the returning officer for such constituency shall cause the votes given at the plebiscite in such constituency to be counted in the place, at the time and, as nearly as may be practicable, in the same manner as the votes given at the general election in such constituency (if a poll had been taken therein) would have been required by law to be counted, save that the persons entitled to be present at such counting of the said votes shall (subject to any instructions issued by the Minister under this Act) be determined by the returning officer in his absolute discretion.

(3) When the returning officer for any constituency has completed the counting of the votes given at the plebiscite in such constituency he shall take the like steps and do the like things in relation to the taking of the plebiscite in such constituency as he is required by law to do in relation to the taking of a poll, that, immediately upon the completion of the counting of the said votes, he shall transmit by post to the plebiscite returning officer in an envelope marked "Local Return to Plebiscite" a return stating the number of votes given at the plebiscite in his constituency approving of the Draft Constitution and the number of votes so given not approving of the Draft Constitution and shall publish a copy of such return in, the manner in which he is required by law to publish the result of the taking of a poll.

(4) Every envelope marked "Local Return to Plebiscite" which is sent by a returning officer by post to the plebiscite returning officer in pursuance of the next preceding sub-section of this section shall be forwarded and delivered by the Minister for Posts and Telegraphs free of charge.

(5) When the plebiscite returning officer has received from the several returning officers returns of the voting at the plebiscite in all the constituencies, he shall tabulate such results and ascertain therefrom the result of the voting at the plebiscite, and shall publish in the Iris Oifigiúil a return declaring the result of the said voting, and stating the total number of votes given at the plebiscite approving of the Draft Constitution and the total number of votes similarly given not approving of the Draft Constitution, and also stating in respect of every constituency the number of votes given at the plebiscite in such constituency approving of the Draft Constitution and the number of votes similarly given not approving of the Draft Constitution.

(6) The publication in the Iris Oifigiúil in pursuance of the next preceding sub-section of this section of the return required by that sub-section to be so published shall be conclusive evidence of the several matters declared or stated in such return, save in so far as such matters or any of them may be varied on or in consequence of an election petition.

 

10 Issuing of instructions by the Minister.

10.—(1) The Minister may issue to all or any returning officers such instructions in relation to the conduct of the plebiscite, and in relation, in particular, to compliance with the enactments and the use of forms relating to elections which are made applicable to the plebiscite by this Act, as the Minister shall consider necessary or desirable in order to ensure the smooth and efficient taking of the plebiscite and to secure uniformity of procedure in regard thereto in all constituencies.

(2) It shall be the duty of every returning officer to observe and comply with all instructions given to him by the Minister under the next preceding sub-section of this section.

(3) If any difficulty shall arise in the taking of the plebiscite in pursuance of this Act, the Minister may by order do any matter or thing which appears to him to be necessary for the proper taking of the plebiscite.

(4) No returning officer shall be required or authorised by an instruction given to him or an order made by the Minister under this section 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 at the plebiscite.

 

11 Returning officers' expenses.

11.—(1) The plebiscite returning officer and every returning officer for a constituency shall be entitled to his reasonable charges, not exceeding the sums, specified in the appropriate scale of maximum charges framed under this section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the plebiscite.

(2) The amount of any such charge as is mentioned in the foregoing sub-section of this section shall be paid by the Minister for Finance out of the central fund or the growing produce thereof on an account to be submitted to him in accordance with regulations made by him under this section, but the said Minister may, he thinks fit, before payment of the charges of any returning officer for a constituency apply to the Judge of the Circuit Court having, jurisdiction in such constituency for the taxation of such account and thereupon such Judge shall cause such account to be taxed and the amount payable thereunder to be determined by the county registrar.

(3) The Minister for Finance may, if he so thinks fit, on the application of the plebiscite returning officer or any returning officer for a constituency, make to such officer, on such terms as the said' Minister shall think proper, an advance on account of the charges of such officer under this section.

(4) The taxation under this section of the account of a returning officer for a constituency shall, if the Judge so directs on the application of such returning officer, include the taxation and determination of the amount of any claim made by any person against such returning officer in respect of any matter charged for in such account.

(5) The Minister for Finance shall prescribe for the purposes of this section scales of maximum charges by the plebiscite returning officer and returning officers for constituencies respectively, and shall also make regulations prescribing the time when and manner and form in which accounts are to be rendered to him for the purpose of payment of charges under this section.

 

12 Short title.

12.—This Act may be cited as the Plebiscite (Draft Constitution) Act, 1937.

SCHEDULE

FORM OF BALLOT PAPER.

FORM OF FRONT OF BALLOT PAPER.

 

 


Number 20 of 1937.

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No. 20/1937: EXECUTIVE POWERS (CONSEQUENTIAL PROVISIONS) ACT, 1937.

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AN ACT TO MAKE DIVERS AMENDMENTS OF THE LAW WHICH ARE CONSEQUENTIAL ON OR HAVE BEEN RENDERED NECESSARY OR EXPEDIENT BY THE AMENDMENTS OF THE CONSTITUTION EFFECTED BY THE CONSTITUTION (AMENDMENT No. 27) ACT, 1936, AND TO MAKE SPECIAL PROVISION IN RELATION TO THE LAST HOLDER OF THE OFFICE OF GOVERNOR-GENERAL.

[8th June, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

 

1 Definitions.

1.—In this Act—

the expression "the Principal Act" means the Constitution (Amendment No. 27) Act, 1936 (No. 57 of 1936);

the word "statute" means an Act which—

( a ) was passed by the Oireachtas before The Principal Act, or

( b ) was passed by the Parliament of the former United Kingdom of Great Britain and Ireland and has the force of law in Saorstát Eireann, or

( c ) was passed by a Parliament sitting in Ireland at any time before the coming into operation of the Union with Ireland Act, 1800;

the word "charter" means a charter, letters patent, warrant, or other like instrument granted, made, or issued by the King in exercise of a prerogative power and having the force of law in Saorstát Eireann;

the word "King" includes Queen.

 

2 Transfer of certain powers, etc, to the Executive Council.

2.—(1) Every power, function, duty, and jurisdiction which, immediately before the passing of The Principal Act, was, by any means whatsoever, capable of being exercised or required to be performed by the King or by the Representative of the Crown (whether on advice, nomination, appeal, or other communication or without any such communication) shall be and be deemed to have been, as from the passing of The Principal Act, transferred to and (as the case may be) capable of being exercised by or required to be performed by the Executive Council, save where and in so far as the exercise or performance of such power, function, duty, or jurisdiction is, by virtue of an amendment of the Constitution effected by The Principal Act or by virtue of the Executive Authority (External Relations) Act, 1936 (No. 58 of 1936), conferred or imposed on some other person.

(2) Every reference in any statute, charter, order, warrant, regulation, or other instrument having the force of law and passed, granted, or made before the passing of The Principal Act to a power, function, duty, or jurisdiction transferred by this section shall, in relation to any exercise or performance of such power, function, duty or jurisdiction after the passing of The Principal Act (whether before or after the passing of this Act) be construed and have effect as a reference to an exercise or performance (as the case may be) of such power, function, duty, or jurisdiction by the Executive Council.

 

3 Amendment of section 99 of the Courts of Justice Act, 1924.

3.—(1) So much of section 99 of the Courts of Justice Act, 1924 (No. 10 of 1924), as require the declaration prescribed by that section to be made and subscribed by the Chief Justice in the presence of the Governor-General is hereby repealed as from the passing of The Principal Act, and in lieu thereof it is hereby enacted that, from and after the passing of The Principal Act, the said declaration shall be made and subscribed and shall be deemed as from such passing to have been authorised and required to be made and subscribed by the Chief Justice in open court in the presence of two or more of the ordinary judges of the Supreme Court.

(2) The words "in the manner aforesaid" contained in the last paragraph of the said section 99 shall, in relation to the Chief Justice, be construed and have effect and be deemed to have had effect, as from the passing of The Principal Act, as referring to the manner prescribed by the foregoing sub-section of this section, to the Executive Council.

 

4 Repeal of the Governor-General's Salary and Establishment Act, 1923.

4.—(1) The Governor-General's Salary and Establishment Act, 1923 (No. 14 of 1923), is hereby repealed as on and from the date of the passing of The Principal Act and shall be deemed for all purposes to have ceased on that date to have effect.

(2) As soon as conveniently may be after the passing of this Act, there shall be paid, out of moneys provided by the Oireachtas, to Donal Buckley, being the person who held the office of Governor-General immediately before the passing of The Principal Act, the following sums in full satisfaction and discharge of all claims by him under the Governor-General's Salary and Establishment Act, 1923 (No. 14 of 1923), in respect of any period before or after or partly before and partly after the passing of The Principal Act, that is to say:—

( a ) the sum of two thousand pounds, and

( b ) such sum as shall be necessary to recoup to the said Donal Buckley all disbursements which were, in the opinion of the Minister for Finance, necessarily or properly made by him in relation to the maintenance of his official residence and the household staff thereof after the passing of The Principal Act or in relation to the closing of such residence and the discharge of such staff.

(3) The yearly sum of five hundred pounds beginning on the date of the passing of The Principal Act shall be charged upon and payable quarterly out of the Central Fund or the growing produce thereof to the said Donal Buckley during his life.

(4) It shall be lawful for the Minister for Finance to defray, out of moneys provided by the Oireachtas, such expenses incurred after the passing of The Principal Act in relation to the establishment of the Governor-General as, in the opinion of the said Minister, were necessarily or properly so incurred and are properly payable out of public moneys.

(5) Every payment made after the passing of The Principal Act and before the passing of this Act which would have been a lawful payment by virtue of this section, if this section had then been in force, shall be deemed for all purposes to have been made under this section and shall be and be deemed always to have been lawful accordingly.

 

5 Power of the Executive Council to make adaptations and transfers.

5.—(1) The Executive Council may, by order, whenever they think proper, make in any statute or charter or in any order, warrant, regulation, or other instrument made (before the passing of the Principal Act) under any statute or charter any adaptation or modification which is not inconsistent with any provision of this Act and, in the opinion of the Executive Council, is consequential on the passing of The Principal Act and has become necessary or expedient by reason of such passing.

(2) The Executive Council may by order, whenever they so think proper, transfer to and confer or impose on the Executive Council any power, function, duty or jurisdiction which, immediately before the passing of The Principal Act, was by any means capable of being exercised or required to be performed by the King or by the Representative of the Crown (whether with or without any qualification or restriction) and is not conferred or imposed on the Executive Council by this Act or on any other person by virtue of an amendment of the Constitution effected by The Principal Act or by virtue of the Executive Authority (External Relations) Act, 1936 (No. 58 of 1936).

(3) Every order made by the Executive Council under this section shall have effect according to the tenor thereof, and shall come into operation on such day (whether before, contemporary with, or after the date of such order but not prior in any case to the date of the passing of the Principal Act) as shall be appointed in that behalf by such order and, where the day so appointed is prior to the date of such order, such order shall be deemed for all purposes to have been in operation and had effect as on and from such day.

 

6 Power of the Executive Council to transfer functions, etc., to an Executive Minister.

6.—(1) It shall be lawful for the Executive Council, whenever they think proper, to transfer by order to any Executive Minister any power, function, duty, or jurisdiction which is by virtue of this Act or an order made under this Act transferred to and vested in the Executive Council.

(2) Any power, function, duty, or jurisdiction which is transferred under this section by the Executive Council to an Executive Minister may be so transferred, at the discretion of the Executive Council, in whole or in part, and with or without qualification, limitation, or restriction, and as from any date, past or future, but not prior to the date of the passing of The Principal Act.

(3) Every order made by the Executive Council under this section transferring to an Executive Minister a power, function, duty, or jurisdiction shall (subject to any amendment of such order and until such order is revoked) operate to vest in and confer or impose on such Executive Minister, in accordance in all respects with the terms of such order, the exercise or performance of such power, function, duty, or jurisdiction.

(4) The Executive Council may by order, whenever they so think proper, amend or revoke any order made by them under the first sub-section of this section, and any such amendment may be so made with effect from such date, past or future, as the Executive Council shall think proper but no such revocation shall be made as from a date prior to the date of the order making such revocation.

 

7 General validation of things heretofore done in consequence of the Principal Act.

7.—Every act or thing which was done after the passing of the Principal Act and before the passing of this Act and the validity of which depends in whole or in part on this Act or an order made under this Act shall be and be deemed always to have been as valid and effective as it would have been if this Act had been passed or such order had been duly made under this Act before such act or thing was so done.

 

8 Short title.

8.—This Act may be cited as the Executive Powers (Consequential Provisions) Act, 1937.