51.(1) A ballot paper shall at the time of issue be marked with an official mark (in this Schedule referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper, and the local returning officer shall provide a sufficient number of marking instruments for this purpose.
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(2)The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that an interval of not less than 10 years shall intervene between each use of the same official mark at a European election in the constituency.
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Ballot boxes.
\n
52.Every ballot box shall be so constructed that it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the box and the aperture for the insertion of ballot papers can be sealed.
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Use of Dáil and local elections ballot boxes etc.
\n
53.Where any constituency comprises the whole or any part of any Dáil constituency or local electoral area any ballot boxes, fittings for polling stations and compartments provided for Dáil or local elections in such Dáil constituency or local electoral area may be used for any European election in such constituency; and it shall be the duty of the local returning officer at any European election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and upon taxation of the accounts of the local returning officer regard shall be had to the provisions of this rule, and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a European election shall be paid as part of the expenses of the election.
\n
Polling information cards.
\n
54.(1) Where a poll is to be taken at a European election in a constituency, the local returning officer shall send to every elector whose name is on the register of European electors for the county or county borough, for which he or she is the local returning officer, and is not on the postal voters list or the special voters list a card (in this rule referred to as a “polling information card”) in such form as may be directed by the Minister informing the elector of his or her number (including polling district letter) on the register of European electors and of the place at which the elector will be entitled to vote and containing a statement in relation to the specified documents referred to in rule 72.
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(2)A polling information card shall be addressed to the elector at the address in respect of which the elector is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.
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(3)Where a polling information card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.
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(4)No action or other proceedings shall lie against a local returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling information card.
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Use of schools and public premises.
\n
55.(1) The local returning officer may, for the purpose of taking the poll or the verification of ballot paper accounts at a European election, and the returning officer may, for the purpose of counting the votes at such an election use, free of charge, any school or any room in a school and any premises (other than a dwelling house) owned or occupied by a local authority.
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(2)The returning officer or the local returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by the said officer at a European election.
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(3)The use of any unoccupied premises or any part thereof for the purpose of taking the poll, verifying the ballot paper accounts or counting the votes at a European election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.
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(4)A person having charge of a school adjoining or forming part of a church or other place of worship or a religious establishment may, within twenty-four hours after receiving notice from the returning officer or local returning officer of an intention to use such school or any part thereof at a European election, object to such use by sending a statement of such objection to the officer by whom the notice was given. Any objection made under this paragraph may, on the application of the returning officer or the local returning officer, as may be appropriate, be over-ruled by the Minister if the Minister thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this rule.
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(5)In this rule “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.
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Polling stations.
\n
56.(1) At every polling place the local returning officer shall provide a sufficient number of polling stations, conveniently distributed for the accommodation of the European electors entitled to vote there. Where, by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the local returning officer may provide a polling station or polling stations at any other convenient place.
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(2)The local returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users.
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(3)The local returning officer shall allot the European electors to the polling stations in such manner as, in the local returning officer’s opinion, will be most convenient for them.
\n
(4)The local returning officer shall give public notice of the location of polling stations in each polling place and the description of the European electors allotted to vote at each such place.
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(5)The local returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.
\n
(6)The local returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.
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(7)The local returning officer shall provide at each polling station— (a) such number of compartments in which the voters can mark their ballot papers screened from observation, as the local returning officer considers necessary, (b) such furniture as the local returning officer considers necessary, (c) a sufficient number of ballot boxes, (d) such number of ballot papers as the local returning officer considers necessary, (e) instruments for placing the official mark on ballot papers, (f) copies of the register or such part thereof as contains the names of the European electors allotted to vote at the station, (g) such materials as the local returning officer considers necessary to enable voters to mark their ballot papers, (h) such other documents, forms, stationery and other materials as the local returning officer considers necessary, (i) such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who are wheelchair users, (j) such arrangements as may be provided for by regulations under section 94 (5) (j) of the Act of 1992 for the time being in force as may serve to facilitate voters with visual impairments to mark their ballot papers without assistance.
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(8)The local returning officer shall keep a record of the numbers on the ballot papers provided at each polling station.
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Presiding officers and poll clerks.
\n
57.(1) The local returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a poll clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the local returning officer and where the appointment revoked is the appointment of a presiding officer, the local returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.
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(2)The local returning officer shall, on request, permit a person in respect of whom the officer is satisfied that the person has a bona fide interest in the European election either as a candidate or as a prospective candidate, or the agent of such a person, to inspect the list of persons to whom the local returning officer has offered, or proposes to offer, appointments as presiding officers or poll clerks.
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(3)A presiding officer shall keep order at the station, regulate the number of European electors to be admitted at a time and shall exclude all other persons except those authorised by rule 59 to be present in the station.
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(4)The presiding officer may do by a clerk appointed to assist him or her any act which the presiding officer is required or authorised to do by this Schedule, except ordering the arrest, exclusion or ejection from the polling station of any person.
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(5)The local returning officer or a person appointed by the local returning officer under paragraph (6) may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Schedule in like manner as if the officer or person had been appointed a presiding officer.
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(6)The local returning officer may appoint a person to act as his or her representative in a polling place to carry out such duties as the local returning officer may assign to that person.
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PART VIII
\n
The Poll Opening of the poll.
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58.Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his or her charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his or her view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.
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Admission to polling station.
\n
59.No person shall be admitted to a polling station other than— (a) the returning officer, the local returning officer and any deputy of either such officer, (b) the presiding officer and poll clerk for the station, (c) a candidate, the election agent or the local agent of the candidate and the deputy local agent of the candidate for the polling district concerned, (d) the personation agents duly appointed in writing for the station by or on behalf of the candidates, (e) European electors admitted for the purpose of voting at the polling station, (f) companions of European 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, (g) members of the Garda Síochána on duty, (h) messengers sent by or on behalf of the local returning officer, and (i) other persons authorised by the local returning officer to be present in the station.
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Voting by persons in the employment of local returning officer.
\n
60.Where a European elector for a constituency is employed by a local returning officer for any purpose in connection with a European election for that constituency, and the circumstances of that elector’s employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which that 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 other polling station in the constituency as may be specified in the authorisation.
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Authorisation of physically ill or physically disabled elector to vote at another polling station.
\n
61.Where, not less than 7 days before polling day at a European election, a European 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 his or her 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.
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Procedure for voting.
\n
62.(1) Subject to the provisions of section 9
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(2)and (3) and rules 28, 42, 60, 61, 64, 65, 66 and 72, the presiding officer shall deliver a ballot paper to a European elector who applies therefor and declares his or her name and address.
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(2)Immediately before a ballot paper is delivered to a European elector— (a) the number (including polling district letter) and name of the elector as stated in the register shall be called out, (b) the ballot paper shall be marked with the official mark, (c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.
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(3)A European elector on receiving the ballot paper shall (subject to the provisions of rule 64) go alone into one of the compartments in the polling station and there shall secretly record his or her vote on the ballot paper and fold the paper so that the vote is concealed. The elector shall then return to the presiding officer’s table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. The elector shall vote without undue delay and shall leave the polling station as soon as he or she has put the ballot paper into the ballot box.
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Spoilt ballot papers.
\n
63.A voter who has inadvertently spoilt his or her ballot paper shall, on returning it to the presiding officer and satisfying the presiding officer as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “Spoilt” on the spoilt ballot paper and on the counterfoil thereof. The presiding officer shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with rule 71.
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Voting by incapacitated persons.
\n
64.(1) Where a European elector applying for a ballot paper satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated or is unable to read or write to such an extent that he or she is unable to vote without assistance, this rule shall apply.
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(2)For the purposes of paragraph (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the European elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to the person’s 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 unable to read or write to such an extent— 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.
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(3)Where this rule applies in the case of a European elector who satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated that he or she is unable to vote without assistance, the elector may request that the ballot paper shall be marked by a companion and, subject to paragraph (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.
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(4)The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them: (i) Have you attained the age of sixteen years? (ii) Have you marked as a companion more than one ballot paper at this election? (iii) Are you a candidate at this election? (iv) Are you an agent of a candidate at this election? and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.
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(5)Where this rule applies and— (a) the European elector is unable to read or write, or (b) the European elector does not request that the ballot paper shall be marked by a companion, or (c) the European elector having so requested, the marking of the ballot paper by the companion would be in contravention of paragraph (4), the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.
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(6)A request made by a European elector within two hours before the hour fixed by the Minister for the close of the poll to have the ballot paper marked for the elector under this rule otherwise than by a companion may be refused by the presiding officer if, in the presiding officer’s opinion, having regard to the number of European electors then coming in to vote or likely to come in to vote before the close of the poll, acceding to such request would interfere with the proper discharge of the presiding officer’s duties or would unduly obstruct the voting of other European electors.
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(7)Where a ballot paper is to be marked pursuant to paragraph (5) the presiding officer may assist the European elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but the presiding officer shall not act on any written instruction.
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(8)Where, pursuant to this rule, a person has marked as a companion two ballot papers at a European election, that person shall not, at that election, mark as a companion any other ballot paper.
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(9)A person shall not mark as a companion a ballot paper at a European election if that person has not reached the age of 16 years or is a candidate or an agent of a candidate at that election.
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Alleged personation.
\n
65.(1) Where, at a European election, a ballot paper has been issued to a person representing himself or herself to be a particular European elector named on the register of European electors and another person representing himself or herself to be that European elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under rule 72 and answers such of the questions as may be put to the person or takes the oath or makes the affirmation under the said rule, subject to rule 72, that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other European elector.
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(2)The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this rule and the name and number (including polling district letter) on the register of European electors of each of the persons to whom such papers were issued.
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Arrest of person committing certain offences.
\n
66.(1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation or an offence under rule 102 the presiding officer may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation or an offence under the said rule 102, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.
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(2)If at the time a person applies for a ballot paper at a European election, or after the person has applied for a ballot paper and before that person has left the polling station, a personation agent declares to the presiding officer that the agent believes and undertakes in writing to prove that the applicant has committed personation or an offence under rule 102, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation or an offence under the said rule 102, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.
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(3)Any member of the Garda Síochána may, without any warrant, arrest any person who, the said member has reasonable cause to believe, is committing, or has committed, personation or an offence under rule 102.
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(4)Any arrest authorised by this rule may be made at any place whether in a polling station or out of such a station.
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(5)No action or other proceeding shall lie against a presiding officer in respect of the arrest on the officer’s direction, without malice, of any person on a charge of having committed personation or an offence under rule 102.
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Maintenance of order in polling station.
\n
67.(1) If any person misconducts himself or herself at a polling station or fails to obey the lawful orders of the presiding officer for that station, that person may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove the first-mentioned person. A person so removed shall not re-enter the polling station without the permission of the presiding officer.
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(2)The presiding officer shall, as far as practicable, ensure that all material which advocates or opposes the candidature of a particular person or persons or of members of a political party is removed from the polling station.
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(3)For the purpose of this rule a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.
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Obstruction of the poll.
\n
68.(1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.
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(2)In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.
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(3)Where a poll is adjourned under this rule the presiding officer shall forthwith give notice of such adjournment to the local returning officer who shall forthwith inform the returning officer. The returning officer shall not commence to count the votes in the constituency until the adjourned poll has been completed.
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(4)This rule shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.
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Damage to polling stations.
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69.Subject to rules 21, 27, 48, 68 and 70 where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 10 the following provisions shall have effect: (a) the local returning officer shall— (i) forthwith give public notice to that effect, (ii) inform the Minister and the returning officer, and (iii) take all such steps and give all such directions as the local returning officer thinks proper for the holding or completion of the poll at such polling station, (b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the local returning officer, (c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and (d) the returning officer shall not commence to count the votes in the constituency until the fresh poll or the continued poll has been completed.
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Destruction etc. of ballot boxes or ballot papers.
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70.If at a European election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer, a local returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect: (a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void, (b) the returning officer shall forthwith inform the Minister and the Clerk of the Dáil 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 the Minister thinks proper for the taking of a fresh poll at every such polling station, (d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister, (e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll, (f) the returning officer shall not commence to count the votes in the constituency until the fresh poll has been completed.
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Duties of presiding officer at close of poll.
\n
71.(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further European electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.
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(2)As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his or her charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets— (a) the unused and spoilt ballot papers, placed together, (b) the marked copies of the register of European electors, (c) the counterfoils of the ballot papers, (d) a ballot paper account in such form as may be directed by the Minister made out by the presiding officer and a statement prepared in accordance with rule 65(2), (e) any authorisations given by the local returning officer under rule 60 or 61 authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation, or an offence under rule 102, and (f) the marking instruments, unused stationery and other documents and materials relating to the European election, and shall deliver all such ballot boxes and packets to the local returning officer.
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(3)The local returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this rule and of all documents connected with the poll.
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Right to vote.
\n
72.(1) For the purposes of section 8 — (a) a person’s name shall be taken to be on a register of European 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) (i) the local returning officer or the presiding officer may of the officer’s own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the local returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote; (ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under section 111(2) of the Act of 1992 and in force for the time being; (c) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when that person applies for a ballot paper, but not afterwards, the following questions, or any one or more of them: (i) Are you the same person as the person whose name appears as AB on the register of European electors now in force for the constituency of ....? (ii) Have you already voted at this election? (iii) Had you reached the age of eighteen years on …. (date of coming into force of register)? (iv) Are you either or both of the following: (A) a citizen of Ireland, (B) a national of a Member State of the European Communities other than Ireland? and unless such of those questions as are put to the person are answered, in the case of the first, third and fourth of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote; (d) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when that person applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to that person’s 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 AB on the register of European electors now in force for the constituency of …. and that I have not already voted at this election, and that I had attained the age of eighteen years on …. (date of coming into force of the register) and that I am a citizen of Ireland (or— a national of a Member State of the European Communities other than Ireland— or— both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland— as the case may be)”;
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and if such person refuses to take the oath or make the affirmation the person shall not be permitted to vote.
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(2)Save as is provided by this rule and rule 64, no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a European 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.
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(3)Nothing in this rule shall be construed as entitling any person to vote who is not entitled to do so, or as relieving such person from any penalties to which that person may be liable for voting.
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PART IX
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Verification of Ballot Paper Accounts Time and place for verification of ballot paper accounts.
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73.(1) The local returning officer for a county or county borough shall appoint a time which shall not be later than 9 a.m. on the day next following the polling day, at which the officer will open the ballot boxes and verify the ballot paper accounts in accordance with this Part.
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(2)The local returning officer shall appoint a place within or convenient to the county or county borough for which he or she is the local returning officer at which the said officer will open the ballot boxes pursuant to rule 75 and shall, at the place so appointed, provide suitable accommodation and all necessary furniture and equipment for the verification of ballot paper accounts under this Part and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the European election. The local returning officer shall, where practicable, ensure that the appointed place is accessible to wheelchair users.
\n
Attendance at verification of ballot paper accounts.
\n
74.(1) Not less than 4 days before the polling day, the local returning officer shall give each candidate notice in writing of the day, time and place at which the officer will open the ballot boxes pursuant to rule 75 and of the number of agents each candidate may appoint to be present at the opening.
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(2)The local returning officer, the assistants and clerks of the local returning officer, members of the Garda Síochána on duty and the agents of the candidates duly appointed for this purpose and no other person, except with the permission of the local returning officer, may be present at the proceedings referred to in this Part.
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(3)The local returning officer shall give the agents of the candidates such reasonable facilities for overseeing the proceedings at the opening of the boxes and the verification of the ballot paper accounts and all information with respect thereto which the officer can give them consistent with the orderly conduct of the proceedings and the performance of his or her functions.
\n
Verification of ballot paper accounts.
\n
75.(1) At the time appointed under rule 73 the local returning officer shall— (a) open each ballot box and count the number of ballot papers found therein and compare the total number of papers ascertained with the number shown in the appropriate ballot paper account, (b) prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer, (c) open the ballot box in which the postal and special voters ballot papers were placed pursuant to rule 38 and count and record the number of such ballot papers, (d) make up in separate packets the ballot papers found in each ballot box (including postal voters ballot papers), endorse on each such packet the number of ballot papers contained therein and particulars of the polling station to which they relate (or, where appropriate, that they are postal and special voters ballot papers) and place the packets in boxes which the local returning officer shall seal and on each of which the said officer shall endorse the number of packets contained therein and the name of the county or county borough for which he or she is the local returning officer, and (e) forthwith deliver to the returning officer for the constituency all such boxes together with— (i) the statement referred to in subparagraph (b), and (ii) a statement of the number of postal and special voters ballot papers recorded under subparagraph (c).
\n
(2)The local returning officer, while counting and recording the number of ballot papers pursuant to this rule, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.
\n
Handling of ballot papers by candidates or agents.
\n
76.Candidates or agents shall not handle ballot papers during the verification of the ballot paper accounts or the counting of the votes.
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PART X
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Arrangements for the Counting of the Votes Place for the counting of the votes.
\n
77.The returning officer for a constituency shall appoint a place within or convenient to the constituency as the place at which the officer will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with
\n
Part XI
\n
and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the European election. The returning officer shall ensure that the place appointed under this rule at which he or she will count the votes is accessible to wheelchair users.
\n
Attendance at the counting of the votes.
\n
78.(1) Not less than 4 days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he or she will proceed to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.
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(2)The returning officer, the assistants and clerks of the returning officer, members of the Garda Síochána on duty, the agents of the candidates duly appointed for the purpose under this Schedule may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.
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(3)The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (including, in particular, facilities for satisfying themselves that the ballot papers have been correctly sorted) and all such information with respect thereto as the returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the functions of the returning officer.
\n
Preliminary proceedings.
\n
79.(1) On the day and commencing at the time appointed by the Minister under section 10 and at the place appointed under rule 77, the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and the packets contained therein and extract the ballot papers therefrom.
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(2)The returning officer shall mix together the whole of the ballot papers and shall proceed to count the votes in accordance with this Schedule.
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Time for the counting of the votes.
\n
80.The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, except during the time for necessary rest and refreshment.
\n
Conduct of the counting of the votes.
\n
81.(1) The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with
\n
Part XI
\n
, ascertain and record the number of votes given to each candidate.
\n
(2)The returning officer, while counting the ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.
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PART XI
\n
Rules for the Counting of the Votes Interpretation (Part XI).
\n
82.(1) In this Part— “continuing candidate” means any candidate not deemed to be elected and not excluded; “count” means— (a) all the operations involved in the counting of the first preferences recorded for candidates; (b) all the operations involved in the transfer of the surplus of a candidate deemed to be elected; (c) all the operations involved in the transfer of the votes of an excluded candidate; or (d) all the operations involved in the transfer of the votes of two or more candidates excluded together; “deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll; “determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn, and, in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest; “non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever— (a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference; or (b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or (c) it is void for uncertainty; “original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate; “preference” shall be interpreted as follows— (a) “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference; “second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;
\n
“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference and so on; (b) “next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being disregarded; “surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota; “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate; “transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.
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(2)Any ballot paper— (a) which does not bear the official mark; or (b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate; or (c) on which the figure 1 standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate; or (d) on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector; shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.
\n
(3)The returning officer shall endorse “rejected” on any ballot paper which under this rule is not to be counted. The returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected under each of the subparagraphs (a), (b), (c) and (d) of paragraph (2) and shall, on request, allow any candidate or agent of a candidate to copy such statement.
\n
(4)The returning officer may endorse on any ballot paper which the officer does not reject as invalid an indication of the officer’s decision on it without, however, interfering with any mark placed by the elector on the ballot paper.
\n
First count.
\n
83.(1) After the ballot papers have been mixed in accordance with rule 79, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.
\n
(2)The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and the returning officer shall ascertain the number of all valid papers.
\n
The quota.
\n
84.(1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of representatives to be elected; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Schedule as “the quota”.
\n
(2)Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.
\n
Transfer of surplus.
\n
85.(1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to the provisions of this rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.
\n
(2)Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.
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(3)Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.
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(4)In either of the cases referred to in paragraphs (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.
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(5)Where— (a) the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference, (b) the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in paragraph (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being, for the purposes of rule 92(3), described as non-transferable papers not effective, and the non-transferable papers or the remaining non-transferable papers, as the case may be, also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.
\n
(6)Where the surplus is less than the total number of transferable papers the following provisions shall apply: (a) the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers, (b) the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers, (c) a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with subparagraph (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded, (d) where two or more fractions are of equal magnitude, and it is not possible for the purposes of subparagraph (c) to reckon all of the said fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.
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(7)The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.
\n
(8)The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either— (a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or (b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.
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(9)Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to paragraph (8), be transferred in the order of their descending magnitude.
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(10)Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus shall be first dealt with.
\n
(11)Subject to paragraphs (8) and (9), where two or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.
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Exclusion of candidate.
\n
86.(1) If at any time no candidate has a surplus (or when under rule 85 an existing surplus is not transferred) and one or more vacancies remain unfilled, the returning officer shall— (a) exclude the candidate credited with the lowest number of votes and examine all the papers of that candidate; (b) arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates and transfer each sub-parcel to the candidate for whom the preference is recorded; (c) make a separate sub-parcel of the non-transferable papers and set them aside as finally dealt with, such papers being, for the purposes of rule 92(3), described as non-transferable papers not effective.
\n
(2)Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that— (a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or (b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with paragraph (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.
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(3)If, when a candidate has to be excluded under this rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.
\n
Transfer of votes.
\n
87.(1) Where a transfer of votes is made under rule 85 or 86, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to the said candidate.
\n
(2)If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of rule 85 before any other candidate is excluded.
\n
Filling of last vacancies.
\n
88.(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.
\n
(2)When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.
\n
(3)When the last vacancies can be filled under this rule no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of rule 9(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.
\n
Recount.
\n
89.(1) Any candidate or the election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.
\n
(2)The returning officer may at his or her discretion recount papers either once or more often in any case in which the officer is not satisfied as to the accuracy of any count. The power under this paragraph of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.
\n
(3)(a) One request (and not more) may be made by each candidate or the election agent of the candidate for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly. (b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed. (c) Nothing in 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. (d) Nothing in this paragraph shall make it obligatory on the returning officer to comply with a request by a candidate or the election agent of a candidate which, in the opinion of the returning officer, is frivolous or vexatious. (e) A request under this paragraph may be made only at the conclusion of a count.
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(4)Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him or her.
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(5)Where a request made under paragraph (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or to proceed further with the re-examination and recount.
\n
Declaration of result of the poll.
\n
90.On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.
\n
Decision of returning officer.
\n
91.The decision of the returning officer, whether expressed or implied by his or her acts, on any question which arises in relation to the exclusion of any candidate under rule 86 or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the European election.
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PART XII
\n
Result of Election, Disposal of Documents etc.
\n
Return of persons elected.
\n
92.(1) The returning officer for a constituency shall make a return to the Clerk of the Dáil of the candidates elected in the constituency to be representatives in the Parliament.
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(2)The return shall be made by a certificate in the form directed by the Minister of the names and descriptions of such candidates signed by the returning officer, as soon as possible after the result of the poll has been declared in accordance with rule 90 or, where there is no poll, when such persons have been declared elected in accordance with rule 23(1)(b).
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(3)The returning officer shall give public notice of the names and descriptions of the candidates elected and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and the total number of votes credited to each candidate at the end of the count at which such transfer took place. The returning officer shall send a copy of the said notice to the Minister, the Clerk of the Dáil and each person elected. The returning officer shall also send to the Minister a copy of each replacement candidates list of which public notice was given pursuant to rule 49.
\n
Retention and disposal of documents.
\n
93.(1) On the completion of the counting of the votes the returning officer shall place in separate sealed packets— (a) the counted ballot papers, (b) the ballot papers rejected at the counting of the votes, (c) the statements prepared in accordance with rule 75(1), and (d) the candidates’ nomination papers, whether valid or invalid, any certificates of political affiliation or of European political affiliation, any replacement candidates lists, whether valid or invalid (other than those delivered to the Clerk of the Dáil pursuant to rule 19(7)) and any declarations or attestations delivered to the returning officer pursuant to rules 6 and 19(2), and shall mark on each packet particulars of its contents, the date of the polling day at the European election and the constituency to which they relate and shall as soon as practicable forward the said packets to the Clerk of the Dáil.
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(2)On the expiry of the seventh day after the results of the election have been declared the returning officer shall place in a sealed packet any statutory declarations transmitted to the returning officer in accordance with rule 7(2) and shall mark on the packet particulars of its contents, the date of the polling day at the European election and the constituency to which it relates, and shall as soon as practicable send the packet to the Clerk of the Dáil.
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(3)The local returning officer shall place in separate sealed packets— (a) the unused and spoilt ballot papers, (b) the ballot paper accounts, (c) the counterfoils of ballot papers issued at polling stations, (d) the marked copies of the register of European electors, and (e) any authorisations to electors to vote at other polling stations, and shall mark on each packet particulars of its contents, the date of the polling day at the European election and the constituency and county or county borough to which they relate and shall as soon as practicable forward to the Clerk of the Dáil the said packets and the packets sealed up in accordance with rules 39 and 46(2).
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(4)The documents referred to in this rule including those referred to in rules 39 and 46 shall be retained by the Clerk of the Dáil for 6 months from the date of the poll at the election. At the expiration of the said period the Clerk of the Dáil shall, unless otherwise directed by an order of the High Court, or the Clerk of the Dáil has reason to believe that the documents may be required for a purpose referred to in section 20
\n
(3), cause the documents to be destroyed.
\n
Return by Clerk of Dáil.
\n
94.The Clerk of the Dáil shall, as soon as may be after receipt of the return referred to in rule 92 from each returning officer, make a return, in the form directed by the Minister, to the Parliament of the persons elected in the State to be representatives in the Parliament.
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Absence, incapacity or vacancy in office of Clerk of Dáil.
\n
95.If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of Clerk of the Dáil, the functions conferred on the said Clerk by this Part shall be performed by the Clerk-Assistant of the Dáil.
\n
PART XIII
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Casual Vacancies Filling of vacancy from replacement candidates list.
\n
96.(1) Where a casual vacancy occurs amongst the persons who by virtue of this Act are representatives in the Parliament and the relevant representative elected under this Act at the last preceding European election was at that election a candidate of a registered political party which, or a non-party candidate who, as regards that election, presented a replacement candidates list, being a list of which public notice was given pursuant to rule 49, the Clerk of the Dáil, shall, as soon as may be after the casual vacancy occurs, by letter request the person (if any) whose name stands first or, as may be appropriate, alone on that list to make and deliver to the said Clerk, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may direct, that— (a) the person is the person whose name stands (whether alone or otherwise) on the list, (b) the person is eligible and willing to assume the office of representative in the Parliament, and (c) in case the relevant representative so elected was at such election a candidate of a registered political party, the person is a member of the registered political party concerned.
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(2)If the person of whom a request was made under paragraph (1) fails or refuses to comply with the request, the Clerk of the Dáil, shall, as soon as may be after the refusal or failure concerned, by letter request the person (if any) whose name stands next on the relevant list to make and deliver to the said Clerk a statutory declaration in accordance with the said paragraph (1) and if such person fails or refuses to comply with the request, the Clerk of the Dáil shall, as soon as may be after the refusal or failure concerned, make such a request by letter, in turn, of each of the other persons (if any) whose names appear on the relevant list, in the order in which they so appear, until— (a) one such person complies with the request, or (b) the list is exhausted, whichever is the sooner.
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(3)Where, pursuant to a request under paragraph (1), the Clerk of the Dáil receives a statutory declaration in compliance with the said paragraph, the Clerk shall, as soon as may be, cause a statement of the declarant's name and address together with a copy of the statutory declaration to be— (a) laid before each House of the Oireachtas, (b) published in Iris Oifigiúil, (c) delivered to— (i) each person on the relevant replacement candidates list, and (ii) in case the list was presented by a registered political party, that party.
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(4)Where a statement of the declarant’s name and address and a copy of the statutory declaration are laid, published and delivered in accordance with paragraph (3) the person named therein shall, upon the expiration of the period of 7 days beginning on the day on which the statement and copy of the statutory declaration are so published in Iris Oifigiúil, be regarded as having been elected under this Act to the Parliament.
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Dáil to select person in certain cases.
\n
97.(1) In case— (a) the relevant representative elected under this Act at the last preceding European election was not a candidate described in rule 96(1), (b) the persons of whom a request was made under the said rule fail or refuse to comply with the request, or (c) the relevant replacement candidates list is exhausted, the Clerk of the Dáil shall cause a statement to the effect set out in subparagraph (a), (b) or (c), as may be appropriate, to be laid before each House of the Oireachtas, and the Dáil may select a person whose name is on any replacement candidates list in respect of the constituency concerned, being a list of which public notice was given pursuant to the said rule 49 or, as may be appropriate, the sole such list presented at the last preceding European election in respect of the constituency and, in case the Dáil makes a selection under this rule, it shall by resolution specify the person so selected.
\n
(2)Where, pursuant to paragraph (1) a resolution is passed by the Dáil, the person specified in the resolution shall thereupon be regarded as having been so elected under this Act to the Parliament.
\n
Notification to Parliament of person regarded as having been elected.
\n
98.As soon as may be after a person is, by virtue of this Part, regarded as having been elected under this Act to the Parliament, the Clerk of the Dáil shall notify the Parliament of the name and address of the person together with the date on which the person’s election took effect.
\n
Term of office of person regarded as having been elected.
\n
99.Where, pursuant to rule 96 or 97 a person is regarded as having been elected under this Act to the Parliament the person shall, unless he or she sooner dies, resigns, becomes disqualified for election under this Act to the Parliament, is removed from office or otherwise ceases to be a representative in the Parliament, hold office as such a representative for the residue of the term for which the representative whom the person replaces would have held office had the representative not ceased to hold office.
\n
Certain person not to be regarded as having been elected.
\n
100.A person shall not be regarded as having been elected to the Parliament pursuant to this Part if the person is, for the time being— (a) a representative in the Parliament, (b) not eligible for election under this Act to the Parliament, (c) a person who, by virtue of any provision laid down under the treaties, is not entitled to assume the office of representative in the Parliament, (d) not willing to assume such office, or (e) in case— (i) the vacancy concerned is not one to which rule 97 applies, and (ii) the relevant representative elected under this Act to the Parliament at the last preceding European election was at that election a candidate of a registered political party, a person who is not a member of that party.
\n
Absence, incapacity or vacancy in office of Clerk of Dáil.
\n
101.If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of Clerk of the Dáil, the functions conferred on the said Clerk by this Part shall be performed by the Clerk-Assistant of the Dáil.
\n
PART XIV
\n
Electoral Offences Prohibition on voting more than once etc.
\n
102.(1) A person shall not in any year in which a European election is held both— (a) apply for a ballot paper or vote at the election, and (b) apply for a ballot paper or vote at an election being held as regards any Member State other than the State in pursuance of any provision laid down under any or all of the treaties.
\n
(2)A person— (a) who is registered in the register of European electors for the time being in force but is not entitled to be so registered, or (b) who is not registered in that register, shall not vote at a European election.
\n
(3)A person who contravenes paragraph (1) or (2) shall be guilty of an offence.
\n
(4)Where a fresh European election is held pursuant to section 21
\n
(11)and such election is held in a year other than that in which the relevant European election declared wholly or partly void by the court was held, then for the purposes of this rule the fresh European election and the election to which the declaration relates shall be regarded as being held in the same year.
\n
(5)For the purposes of this rule, a person to whom a ballot paper has been issued pursuant to rule 32 shall be deemed to have obtained a ballot paper.
\n
Personation.
\n
103.(1) A person who— (a) at a European election applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or (b) having obtained a ballot paper once at a European election applies at the same election for a ballot paper in his or her own name (otherwise than under rule 63), shall be guilty of the offence of personation.
\n
(2)For the purposes of this rule, a person to whom a ballot paper has been issued pursuant to rule 32 shall be deemed to have obtained a ballot paper.
\n
(3)A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.
\n
Bribery.
\n
104.(1) A person shall not, in relation to a European election— (a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or (b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter; or (c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or (d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or (e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.
\n
(2)A person who contravenes paragraph (1) shall be guilty of an offence.
\n
(3)A person who aids, abets, counsels or procures the commission of an offence under this rule shall be guilty of an offence.
\n
(4)In this rule— “give”, “induce” and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly; “valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money’s worth or valuable security or any office, place or employment to or for any person; “vote” includes voting in a particular way or refraining from voting.
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Undue influence.
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105.A person who, in relation to a European election, directly or indirectly makes use of or threatens to make use of any force, violence or restraint against or inflicts or causes or threatens to inflict or cause any temporal or spiritual injury or loss on or to any person, or attempts by abduction, duress, or fraud— (a) to induce or compel any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or in a particular way, or (b) to induce or compel any person to withdraw, or to refrain from withdrawing, from being a candidate, or (c) to induce or compel any person to be a candidate or to impede or prevent any person from being a candidate, or (d) to impede or prevent the free exercise of the franchise by any European elector, shall be guilty of an offence.
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Breach of secrecy.
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106.(1) A person who is present at the issue of ballot papers to postal voters or at voting by special voters or at the opening of postal voters ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, the person— (a) communicates, before the poll is closed, to any person any information obtained at the said issue or the said voting as to the official mark, or (b) attempts to ascertain at the said issue or the said voting or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained at the said issue or the said voting or the said opening.
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(2)A person admitted to a polling station in any capacity at a European election shall be guilty of an offence if, before the poll is closed, the person communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the register of European electors of any voter who has or has not applied for a ballot paper or voted at a polling station, or as to the official mark.
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(3)A person who is present in any capacity at the verification of ballot paper accounts or the counting of the votes at a European election shall be guilty of an offence if, except for some purpose authorised by law, the person ascertains or attempts to ascertain at such verification or such counting the number on the back of any ballot paper, or if at any time the person communicates any information obtained at such verification or such count as to the candidate for whom any vote is given on any ballot paper.
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(4)A person shall be guilty of an offence if, at a European election, except for some purpose authorised by law, the person— (a) interferes with or attempts to interfere with a voter when marking a ballot paper, or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or (b) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper issued to a voter at that station, or (c) directly or indirectly induces any voter to display a ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or (d) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.
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Offences relating to ballot boxes, election documents, official marks etc.
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107.A person shall be guilty of an offence if the person— (a) wilfully and without lawful authority, takes, destroys, conceals, opens or otherwise interferes with any ballot box or packet of ballot papers, or any packet of papers or documents of any kind then in use or intended to be used for the purposes of a European election, or any ballot paper account or marked copy of a register of European electors prepared or used for the purposes of the election, or any unused ballot paper, or (b) maliciously destroys, tears, or defaces a ballot paper, or (c) forges or counterfeits a ballot paper or the official mark on a ballot paper, or (d) without lawful authority, supplies a ballot paper to any person, or (e) fraudulently puts into a ballot box any paper other than the ballot paper which the person is authorised by law to put in it, or (f) without lawful authority takes a ballot paper out of a polling station, or (g) forges or fraudulently defaces or fraudulently destroys any nomination paper or any replacement candidates list or any attestation referred to in rule 6 or 19(2) or any certificate of political affiliation or of European political affiliation, or any authorisation under rule 60 or 61 or any official envelope or form of declaration of identity or form of receipt used in connection with special voting or voting by post, or any other form or document used at an election, or (h) produces to the returning officer a nomination paper or replacement candidates list, knowing the same to be forged, or (i) counterfeits the official mark, or (j) without lawful authority, removes, destroys or damages any instrument for stamping the official mark on ballot papers or makes or is in possession of any imitation or counterfeit of any such instrument.
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Disorderly conduct at election meeting.
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108.(1) A person shall be guilty of an offence if, between the date of publication of the notice of election and the date on which the return is made by the returning officer under rule 92 of persons elected to be representatives in the Parliament for a constituency, the person acts in a disorderly manner at a lawful public meeting held in connection with the election.
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(2)A person who aids, abets, counsels or procures the commission of an offence under paragraph (1) shall be guilty of an offence.
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Omission of name and address of printer and publisher from European election documents.
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109.(1) Every notice, bill, poster or similar document having reference to a European election or distributed for the purpose of furthering the candidature of any candidate or the interests of a political party at a European election shall bear upon its face the name and address of the printer and of the publisher thereof.
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(2)A person shall be guilty of an offence if the person prints, publishes or posts, or causes to be printed, published or posted, any such notice, bill, poster or similar document as aforesaid which does not bear upon its face the name and address of the printer and of the publisher thereof.
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(3)The provisions of paragraphs (1) and (2) shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by a returning officer or a local returning officer.
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(4)For the purposes of this rule “print” includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.
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Nominating or withdrawing a candidate without consent.
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110.(1) A person shall not— (a) nominate another person for election under this Act to be a representative in the Parliament, or (b) withdraw the candidature of another person for such election, or (c) nominate a person as a replacement candidate, save with the consent of that person.
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(2)A person who contravenes paragraph (1) shall be guilty of an offence.
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Forged certificate of political affiliation.
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111.A person who produces to a returning officer a certificate such as is referred to in rule 5(3) or (5) which that person knows to be forged, shall be guilty of an offence.
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False declaration on nomination paper.
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112.(1) In case a person who, being a candidate or the proposer of a candidate at a European election, makes a declaration on a nomination paper that the person has read the notes on the nomination paper and believes that the candidate— (a) is eligible for election under this Act, (b) has consented to the nomination, (c) does not stand validly nominated in respect of any other constituency, and (d) is not a candidate at the election in any other Member State, then if the candidate— (i) is not eligible for election under this Act, or (ii) has not consented to the nomination, or (iii) stands validly nominated in respect of any other constituency, or (iv) is a candidate at the elections in any other Member State, the person shall be guilty of an offence.
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(2)In a prosecution for an offence under paragraph (1), it shall be a good defence for the defendant to show that he or she had reasonable grounds for believing that the candidate was eligible for election, had consented to the nomination, did not stand validly nominated in respect of any other constituency or was not a candidate at the election in any other Member State.
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False declaration on replacement candidates list.
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113.(1) In case a person by whom a replacement candidates list is signed makes a declaration on such list that he or she has read the notes on the list and believes that each of the persons whose names appear on the list as being replacement candidates— (a) is eligible for nomination under this Act as a replacement candidate and has consented to such nomination, and (b) none of such persons stands validly nominated as a replacement candidate in respect of any other constituency, or is a candidate at the election in any other Member State, then if any person whose name so appears, (i) is not eligible for nomination or has not consented to such nomination, or (ii) stands validly so nominated in respect of any other constituency or is a candidate at the election in any other Member State, the person by whom the declaration is made shall be guilty of an offence.
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(2)In a prosecution for an offence under paragraph (1), it shall be a good defence for the defendant to show that he or she had reasonable grounds for believing that the relevant person or, as may be appropriate, a relevant person was eligible for nomination under this Act as a replacement candidate and had consented to such nomination, did not stand validly nominated as a replacement candidate in respect of any other constituency and was not a candidate at the election in any other Member State.
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Forged attestation.
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114.A person who produces to a returning officer an attestation referred to in rule 6 or 19(2) which the person knows to be forged shall be guilty of an offence.
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Officer acting as agent of candidate or furthering a candidature.
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115.A returning officer, a local returning officer or any person employed by any such officer for any purpose relating to a European election who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election shall be guilty of an offence.
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Obstruction of nomination or poll.
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116.A person who at a European election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.
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Interference with or destruction of postal ballot papers.
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117.(1) Any person who, at a European election— (a) wilfully and without lawful authority takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter under this Act, or (b) without lawful authority knowingly supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it, shall be guilty of an offence.
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(2)A person who aids, abets, counsels or procures the commission of an offence under this rule or who solicits or incites any other person to commit such an offence shall be guilty of an offence.
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Obstruction of or interference with electors.
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118.(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.
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(2)During the period commencing 30 minutes before the time appointed for the opening of a poll at a European election, including a poll which has been adjourned under rule 68, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things: (a) loiter or congregate with other persons; (b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting; (c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer or local returning officer) or card, circular or other document relating to the election; or (d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.
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(3)For the purpose of this rule, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in paragraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.
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(4)A person who contravenes paragraph (1) or (2) shall be guilty of an offence.
\n
Personation agent leaving polling station without permission.
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119.(1) A personation agent shall not, during the hours fixed under section 10 for the holding of the poll, leave the polling station to which the said agent is appointed without previously obtaining the permission of the presiding officer and depositing with the presiding officer all registers, books and documents in which the personation agent has made any note, writing or mark during the poll.
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(2)A personation agent who contravenes paragraph (1) shall be guilty of an offence and in addition shall not, save with the permission of the presiding officer, return to the polling station in question.
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Unlawful marking of ballot papers by persons acting as companions.
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120.A person who contravenes paragraph (8) or (9) of rule 64 shall be guilty of an offence.
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False statement of withdrawal or death of a candidate.
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121.A person who, between the date of publication of the notice of election and the date on which the return is made by the returning officer to the Clerk of the Dáil under rule 92 of persons elected to be representatives in the Parliament, knowingly publishes a false statement of the withdrawal or death of a candidate at the European election shall be guilty of an offence.
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Misleading statement as to process of voting.
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122.Any person who, before or during a European election, makes or publishes any statement which is likely to mislead voters as to the actual process of voting shall be guilty of an offence.
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Handling of ballot papers by candidates or agents.
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123.A candidate or the agent of a candidate who handles a ballot paper during the verification of the ballot paper accounts or the counting of the votes at a European election shall be guilty of an offence.
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Unauthorised inspection of documents.
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124.Unauthorised inspection of any document which is a document mentioned in section 20
\n
(2)shall be an offence.
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Corrupt withdrawal of petition.
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125.A person who makes any agreement or enters into any undertaking in relation to the withdrawal of a petition in consideration of any payment or the cesser of membership of the Parliament or for any substantial reason not stated in the affidavit referred to in rule 135(2) shall be guilty of an offence.
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Limitation of time for prosecution of offence.
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126.Notwithstanding section 10
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(4)of the Petty Sessions (Ireland) Act, 1851 , proceedings for an offence under this Act may be instituted within twelve months from the date of the offence or, if the offence was committed in relation to a European election as respects which proceedings questioning the election are held before the High Court, may be commenced within twelve months from the date of the offence or within three months from the decision of the court, whichever period last expires, but proceedings for an offence under this Act shall not be commenced after the expiration of the period of two years beginning on the date of the offence.
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Penalties.
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127.(1) Where a person is guilty of an offence under this Act, other than an offence mentioned in paragraph (2), such person shall be liable— (a) on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, or (b) on conviction on indictment to a fine not exceeding £2,500 or, at the discretion of the court, to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
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(2)Where a person is guilty of an offence under rule 109, 119 or 123, such person shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
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Compensation where certain charge is unjustly made or not prosecuted.
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128.Where any person is arrested under rule 66 on a charge made by a personation agent that such person has committed the offence of personation or an offence under rule 102 and either such personation agent (or someone on the agent’s behalf) fails to appear before the court and support the charge, or the court acquits the person of having committed the offence and finds that the charge was made by the personation agent without reasonable or just cause, the court may, at the request of the person so charged but not otherwise, order the personation agent to pay to the person such sum not exceeding £500 as the court shall think proper by way of damages, and such sum when duly paid shall be accepted by the person so charged in full satisfaction of all claims by that person in respect of damages arising from the said charge and arrest and detention thereon.
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Certificate of returning officer prima facie evidence.
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129.In any civil or criminal proceedings in relation to an alleged offence at a European election, the certificate of the returning officer for the constituency concerned of the due holding of the election or that a particular person was a candidate thereat shall be prima facie evidence of the facts stated therein and it shall not be necessary to prove the signature of the returning officer or that the person was in fact such returning officer.
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PART XV
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European Election Petitions Questioning a European election.
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130.Without prejudice to section 21
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(2)(c), where it appears to the Director of Public Prosecutions that a European election may have been affected by the commission of electoral offences, the Director may question the election pursuant to this Act.
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Security for costs.
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131.(1) The security required to be given by section 21 shall be given either by recognisances entered into by any number of sureties satisfactory to the court not exceeding four or by a deposit of money, or partly in one way and partly in the other.
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(2)Where a petition is presented by the Director of Public Prosecutions, section 21
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(5)shall not apply.
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Particulars in petition.
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132.A petition shall be signed and dated by the petitioner and shall specify— (a) the European election to which it relates, (b) the grounds on which it is based, (c) the remedy it seeks, (d) the name and address of the petitioner and of the petitioner’s solicitor or agent, if any.
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Trial of petition.
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133.(1) A petition shall be tried by the High Court and references to the court in this Part shall be construed as references to the High Court.
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(2)The following provisions shall have effect in relation to the trial of a petition: (a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible; (b) notwithstanding the death of any person to whose election the petition relates, the resignation of a person as a representative in the Parliament or a person otherwise ceasing to be such representative, the court shall have power to continue the trial if it considers it to be in the interests of justice to do so; (c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether on the Director’s own motion or at the request of the court; (d) the returning officer for the relevant constituency and any local returning officer concerned shall, at the request of the court, attend the trial and give such assistance as shall be requested of such officer by the court, but without prejudice to the officer being a party to the proceedings or being called as a witness by any such party.
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Counting of votes afresh.
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134.(1) The court may, for the purposes of the trial of a petition questioning a European election, if it thinks fit, order— (a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or (b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted, and where the court so orders, the provisions of the following paragraphs shall have effect.
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(2)Votes to which an order under this rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3) and (4) and to such modifications (if any) as the court considers necessary, the provisions of
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Part XI
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relating to the counting of votes at an election shall apply to such counting.
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(3)Where votes are counted afresh pursuant to an order under this rule, the court shall cause the following to be disregarded: (a) preferences recorded on ballot papers which are invalid by virtue of rule 82(2), (b) preferences recorded on forged or counterfeited ballot papers, and (c) preferences recorded for any person who, with respect to the relevant European election, is found by the court not to have been eligible for election under this Act to the Parliament.
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(4)The court shall have power to reverse any decision of the returning officer at the original count.
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(5)The costs of giving effect to an order under this rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 18 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant European election.
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Withdrawal of petition.
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135.(1) A petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to paragraphs (3) and (4) was reasonable, and in addition to the foregoing, where a petition ispresented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.
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(2)Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating— (a) the reasons for the proposed withdrawal, and (b) that, to the best of the petitioner’s knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Parliament or for any substantial reason not stated in the affidavit.
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(3)Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.
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(4)Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (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.
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(5)Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) shall, unless the court otherwise directs, be made by all the petitioners.
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(6)The withdrawal of a petition pursuant to this rule shall not affect the liability of any person (or of the estate of such person) for the payment of costs previously incurred.
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Substitution of new petitioner following withdrawal.
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136.(1) On the hearing of an application for leave to withdraw a petition, any person who, under section 21 , would be eligible to apply for leave to present a petition, may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute that person accordingly.
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(2)In case the court substitutes a petitioner under paragraph (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 which or the entering into which is declared by rule 125 to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his or her sureties, if any, shall be liable to pay the costs of the substituted petitioner.
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Substituted petitioners.
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137.(1) Subject to rule 136(2), 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.
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(2)In case the court substitutes a petitioner under rule 136 and does not make a direction under paragraph (2) of that rule, or in case the court substitutes a petitioner under rule 136, the security required by section 21 in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given, no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of the estate of such person) for the payment of costs previously incurred.
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Abatement of petition.
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138.(1) A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.
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(2)The abatement of a petition by virtue of paragraph (1) shall not affect the liability of the petitioner or any other person (or of the estate of such person) for the payment of costs previously incurred.
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(3)At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute that person accordingly, and in case the court makes an order under this rule the petition shall thereupon be revived.
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Matters relating to final order on trial of petition.
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139.(1) A copy of the order determining the petition in accordance with section 21 shall be given forthwith by the court to each of the following, namely, any person to whose election the order relates, the Minister, the returning officer concerned, the Clerk of the Dáil and the Director of Public Prosecutions.
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(2)The court shall have power to make such amendments in the return of persons elected made to the Clerk of the Dáil by a returning officer as it considers necessary in consequence of its decision on a petition.
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Effect of certain declarations by court.
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140.(1) Where the order of the court determining the trial of a petition declares that a person was not duly elected as a representative to the Parliament, or was not qualified for election under this Act as a representative in the Parliament, or that the whole or part of a European election was void, the person to whom the declaration relates, or any person declared to be elected at such void election or void part of such election (as the case may be) shall, as and from the date of the said order, cease to be a representative in the Parliament.
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(2)Where an order mentioned in paragraph (1) declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election under this Act to the Parliament, a specified other person was ascertained to have been elected, that other person shall, as and from the date of the said order, stand elected as a representative to the Parliament.
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No action to be taken in certain circumstances to fill vacancy in Parliament.
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141.Except by an election of all the representatives to the Parliament, no action shall be taken to fill a vacancy in the representation in the Parliament caused by the death or cesser as such representative of a person who has died or resigned or otherwise ceased to be a representative in the Parliament while the trial of the petition relating to that person is pending or proceeding.
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Witnesses.
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142.(1) The court shall be entitled of its own volition, at any time during the trial of a petition, to direct that a particular person shall be brought before the court and shall give evidence at the trial, and where the court so directs the cost of bringing the person before the court (including any moneys payable to the person as witness’s expenses) shall be regarded as part of the costs of the petition.
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(2)Subject to paragraph (3), a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant European election on the ground that the answer thereto may incriminate or tend to incriminate that person or on grounds of privilege: provided that— (a) a witness who satisfies the court that he or she has answered truly all the questions which the witness is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and (b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against the witness.
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(3)Nothing in this rule shall be construed as affecting the right of any party to a petition to call any person as a witness.
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Costs of petition.
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143.(1) All costs, other than the costs of counting votes afresh under rule 134, of and incidental to a petition shall be in the discretion of the court which shall have power to order such costs or any part of such costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make 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.
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(2)Without prejudice to paragraph (1), where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant European election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under rule 134, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.
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Further provisions regarding costs.
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144.(1) Subject to paragraph (4), the costs and other expenses incurred on behalf of a returning officer or a local returning officer at the trial of a petition shall be paid out of the Central Fund.
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(2)Costs awarded to the returning officer or a local returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance and such debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.
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(3)Subject to paragraphs (4) and (5), costs awarded against the returning officer or a local returning officer at the trial of a petition shall be paid out of the Central Fund.
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(4)Where the court is satisfied that the returning officer or a 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 awarded against the officer by the court.
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(5)Where an order is made under paragraph (4) any costs awarded against the returning officer or local returning officer concerned 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.
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Statement of case to Supreme Court.
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145.(1) At any stage of the trial of a petition the court may, if it so thinks proper, on its own motion or on the application of any party to the petition, state a case for the opinion of the Supreme Court on any question of law arising at the trial.
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(2)Notwithstanding anything contained in this Schedule, where a case is stated under this rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.
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(3)Costs incurred in relation to a case stated under this rule shall for all purposes be part of the costs incurred in relation to the petition.
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Service of documents.
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146.Where a copy of an order, petition or other document is required by this Part 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.
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PART XVI
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General Secrecy.
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147.A person who is— (a) present at the issue of ballot papers to postal voters, or (b) present while a special voter is voting, or (c) present at the opening of postal voter ballot boxes, or (d) admitted to a polling station in any capacity, or (e) present in any capacity at the verification of ballot paper accounts or the counting of the votes, shall maintain, and aid in maintaining, the secrecy of the ballot.
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Publication of notices.
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148.Any public notice required by this Act to be given, may be given by any method which the returning officer or local returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.
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Polling districts and polling places.
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149.Each constituency specified in the Third Schedule shall be deemed to be divided for the purpose of the taking of the poll at a European election into the same polling districts as those into which the area specified in the second column of the said Schedule in respect of each such constituency is for the time being divided for the purpose of a Dáil election and the places which are for the time being appointed as polling places in each such polling district for the purpose of a Dáil election shall be the polling places for the purpose of taking the poll at a European election. Any references in this Schedule to polling districts and polling places shall be construed accordingly.
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Interpretation ( Second Schedule ).
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150.(1) In this Schedule— “attestation” means a document issued by a competent administrative authority pursuant to Article 10(2) of the Directive; “ballot paper” has the meaning assigned to it by rule 50(1); “certificate of European political affiliation” has the meaning assigned to it by rule 5(5); “certificate of political affiliation” has the meaning assigned to it by rule 5(3); “covering envelope” has the meaning assigned to it by rule 32(3)(c); “excluded day” means a day which is a Sunday, Good Friday or a day which is a public holiday by the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday; “notice of election” has the meaning assigned to it by rule 2; “notice of poll” has the meaning assigned to it by rule 49; “the official mark” has the meaning assigned to it by rule 51(1); “personation agent” has the meaning assigned to it by rule 25(4); “postal voters ballot box” has the meaning assigned to it by rule 33; “the quota” has the meaning assigned to it by rule 84(1); “registrar of political parties” and “register of political parties” mean the registrar of political parties and the register of political parties for the purposes of Part III of the Act of 1992;
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(2)References in this Schedule to polling districts and polling places shall be construed having regard to rule 149.
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THIRD SCHEDULE Constituencies
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Section 15
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.
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Constituency Area Number of Representatives Connacht-Ulster The administrative counties of:
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3 Cavan, Donegal, Galway, Leitrim, Mayo, Monaghan, Roscommon and Sligo; and the county borough of Galway.
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Dublin The administrative counties of:
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4 Dún Laoghaire-Rathdown, Fingal and South Dublin; and the county borough of Dublin.
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Leinster The administrative counties of:
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4 Carlow, Kildare, Kilkenny, Laoighis, Longford, Louth, Meath, Offaly, Westmeath, Wexford and Wicklow.
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Munster The administrative counties of:
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4 Clare, Cork, Kerry, Limerick, Tipperary North Riding, Tipperary South Riding and Waterford; and the county boroughs of: Cork, Limerick and Waterford.
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FOURTH SCHEDULE Second Schedule .
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Form of ballot paper (Front of Paper) Rule 50.
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Toghchán do Pharlaimint na hEorpa European Parliament Election Marcáil ord do rogha sna spáis seo síos Mark order of preference in spaces below DOYLE— URBAN PARTY (European Radical Group) (MARY DOYLE of 10 High Street, Knockmore; Nurse) Liosta Ionaid UP Replacement List LYNCH (JANE ELLEN LYNCH of 12 Main Street, Ardstown; Shopkeeper) Liosta Ionaid JEL Replacement List MURPHY— DEMOCRATS (Group of European Democrats) (PATRICK MURPHY of 12 Main Street, Ballyduff; Carpenter) Liosta Ionaid DEM Replacement List O’BRIAIN— CUMANN NA SAORÁNACH (SEAMUS O’BRIAIN as 10 An tSráid Ard, Carnmore; Oide Scoile) Liosta Ionaid CS Replacement List O’BRIEN— NON-PARTY (EAMON O’BRIEN of 22 Wellclose Place, Knockbeg; Butcher) Liosta Ionaid EOB Replacement List O’BRIEN— YOUNG IRELAND (Liberal Group) (ORLA O’BRIEN of 102 Eaton Brae, Cahermore; Solicitor) Liosta Ionaid YI Replacement List O’CONNOR— NATIONAL LEAGUE (CAROLINE O’CONNOR of 7 Green Street, Carnmore; Engineer) Liosta Ionaid NL Replacement List THOMPSON— FARMERS PARTY (WILLIAM HENRY THOMPSON of Dereen, Ballyglass; Farmer) Liosta Ionaid FP Replacement List TREORACHA INSTRUCTIONS I. 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.
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I. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.
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II. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.
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II. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.
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