Referendum Act, 1942

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REFERENDUM ACT, 1942.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section 1 .

Short title .

2 .

Definitions .

3 .

Regulations .

4 .

Expenses .

5 .

Repeals .

6 .

The referendum returning officer .

7 .

Statement by registration officers of the number of Dáil electors .

PART II.

The Poll at a Referendum.

8.

The polling day at a constitutional referendum .

9.

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

10.

The polling day at an ordinary referendum .

11.

Method of taking the poll at a referendum .

12.

Local returning officers' expenses .

13.

Restrictions on persons entitled to vote at the poll .

14.

The ballot papers .

15.

Form of ballot papers .

16.

Method of marking a vote on a ballot paper .

17.

Personation agents .

18.

Appointment of presiding officers .

19.

Keeping of order in polling stations .

20.

Postal voters .

21.

Questions and oaths at the poll at a referendum .

22.

Infringement of secrecy .

23.

Proceedings in case of riot at the poll .

24.

Destruction, etc.. of ballot boxes or ballot papers .

25.

Use of schools and other buildings .

26.

Use of local government ballot boxes, etc .

27.

Prohibition of disclosure, etc.

28.

Special provisions where a general election and a constitutional referendum have the same polling day .

29.

Application of the Prevention of Electoral Abuses Act, 1923 .

30.

The provisional referendum certificate .

31.

Punishment of officers guilty of gross negligence .

32.

Issuing of instructions by the Minister .

Part III.

Referendum Petitions.

33.

Definitions in this Part of this Act .

34.

Referendum petitions .

35.

The respondent to a referendum petition .

36.

General provisions in respect of referendum petitions .

37.

Giving of notice to interested persons .

38.

The trial of a referendum petition .

39.

Production of documents by the referendum returning officer .

40.

Re-taking a referendum in a constituency .

41.

The final order on a referendum petition .

42.

Provisions in respect of referenda having the same polling day .

43.

Death of or delay by a petitioner .

44.

Appeal by case stated to the Supreme Court .

FIRST SCHEDULE.

Rules for taking the Poll at a Referendum.

SECOND SCHEDULE.

Forms of Ballot Papers.

THIRD SCHEDULE.

Repeals.

Acts Referred to Electoral Act, 1923 No. 12 of 1923 Prevention of Electoral Abuses Act, 1923 No. 38 of 1923 Court Officers Act, 1926 No. 27 of 1926 Courts of Justice Act, 1936 No. 48 of 1936 Electoral (Revision of Constituencies) Act, 1935 No. 5 of 1935 Number 8 of 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.

Short title.

Section 1

1.—This Act may be cited as the Referendum Act, 1942.

Definitions.

Section 2

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.

Regulations.

Section 3

3.—The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Expenses.

Section 4

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.

Repeals.

Section 5

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.

The referendum returning officer.

Section 6

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.

Statement by registration officers of the number of Dáil electors.

Section 7

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.

PART II.

The Poll at a Referendum.

The polling day at a constitutional referendum.

Section 8

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.

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

Section 9

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.

The polling day at an ordinary referendum.

Section 10

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.

Method of taking the poll at a referendum.

Section 11

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.

Local returning officers' expenses.

Section 12

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.

Restrictions on persons entitled to vote at the poll.

Section 13

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.

The ballot papers.

Section 14

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).

Form of ballot papers.

Section 15

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.

Method of marking a vote on a ballot paper.

Section 16

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.

Personation agents.

Section 17

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.

Appointment of presiding officers.

Section 18

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.

Keeping of order in polling stations.

Section 19

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 Síochana 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.

Postal voters.

Section 20

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.

Questions and oaths at the poll at a referendum.

Section 21

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.

Infringement of secrecy.

Section 22

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.

Proceedings in case of riot at the poll.

Section 23

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.

Destruction, etc.. of ballot boxes or ballot papers.

Section 24

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 forth-with 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.

Use of schools and other buildings.

Section 25

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.

Use of local government ballot boxes, etc.

Section 26

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.

Prohibition of disclosure, etc.

Section 27

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.

Special provisions where a general election and a constitutional referendum have the same polling day.

Section 28

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 separáte 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.

Application of the Prevention of Electoral Abuses Act, 1923.

Section 29

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.

The provisional referendum certificate.

Section 30

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.

Punishment of officers guilty of gross negligence.

Section 31

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.

Issuing of instructions by the Minister.

Section 32

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.

PART III.

Referendum Petitions.

Definitions in this Part of this Act.

Section 33

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.

Referendum petitions.

Section 34

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.

The respondent to a referendum petition.

Section 35

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.

General provisions in respect of referendum petitions.

Section 36

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 lodgment 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 full 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.

Giving of notice to interested persons.

Section 37

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.

The trial of a referendum petition.

Section 38

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.

Production of documents by the referendum returning officer.

Section 39

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.

Re-taking a referendum in a constituency.

Section 40

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 forth-with report such result to the High Court.

The final order on a referendum petition.

Section 41

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.

Provisions in respect of referenda having the same polling day.

Section 42

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.

Death of or delay by a petitioner.

Section 43

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.

Appeal by case stated to the Supreme Court.

Section 44

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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 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.

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.

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

.

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