Electoral Act, 1923

I mbeagán focal

This law regulates the right to vote and how elections are conducted in Saorstát Éireann for both Dáil Éireann and Seanad Éireann, as well as referendums. It sets out who can vote, how they are registered, and the procedures for holding elections.

Cad a rialaíonn sé

The right to vote (franchise) for Dáil and Seanad elections.
The process of registering electors.
The conduct and procedures for Dáil elections.
The conduct and procedures for Seanad elections and referendums.

Cé a mbaineann sé leis

Every citizen of Saorstát Éireann who meets the age and other specified criteria for voting.
Candidates and officers involved in the administration of Dáil and Seanad elections and referendums.

Príomhphointí

**Dáil Franchise:** Citizens of Saorstát Éireann, aged 21 or over, without legal incapacity, can register once as a Dáil elector in one constituency.
**Seanad Electors:** Citizens of Saorstát Éireann, aged 30 or over, without legal incapacity, can register as a Seanad elector in the constituency where they are registered as a Dáil elector.
**Disqualifications:** Receiving poor relief or other alms does not disqualify a person from being registered or voting.
**Business Premises:** To register based on business premises, the premises must have a rateable value of not less than ten pounds. If jointly occupied, the aggregate value must be at least ten pounds multiplied by the number of joint occupiers, and generally, not more than two joint occupiers can register unless they are bona fide partners.

Legal text

Electoral Act, 1923 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1923 Electoral Act, 1923 Electoral Act, 1923 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 12. ELECTORAL ACT, 1923. ARRANGEMENT OF SECTIONS PART I Franchise Section 1. Dáil Franchise. 2. Seanad Electors. 3. Right of person registered to vote. 4. Provisions as to disqualifications. 5. Police not to be registered or vote. 6. Qualifying date. 7. Ascertainment of elector's age. PART II Registration 8. Annual register. 9. Registration officers and areas. 10. Deputy Registration Officers. 11. Registration duties. 12. Expenses of Registration. 13. Counties divided into Ridings. 14. Salaries of clerks of the Crown and Peace. 15. Register for University Constituencies. 16. Appeals. PART III Method and Costs of Elections 17. Proportional representation and constituencies. 18. Days for nominations and Polls. 19. Nomination of candidates. 20. Deposit by candidates at Dáil elections. 21. Voting by postal Voters. 22. Voting by persons in the employment of returning officers. 23. Returning Officers. 24. Conduct of Dáil elections. 25. Payment of Returning Officers expenses. 26. The poll at elections. 27. The counting of the votes. 28. Infringement of secrecy. 29. Questions and oaths at elections. 30. Use of schools and public rooms. 31. General duty of returning officer. 32. Keeping of order in polling stations. 33. Proceedings in case of riot. 34. Destruction, etc., of Ballot Boxes or Papers. 35. Appointment and powers of presiding officers and clerks. 36. Officers not to act as agents for candidates. 37. Conclusiveness of register of voters. 38. Prohibition of disclosure of vote. 39. Non-compliance with rules. 40. Use of Local Government Ballot Boxes, &c. 41. Place and hours of poll. 42. Division of constituency into polling districts and appointment of polling places. PART IV Elections to Seanad Eireann 43. Conduct of Seanad Elections. 44. Seanad Returning Officer. 45. Payment of Seanad Returning Officer's expenses. 46. Days for Seanad Elections. PART V Referendum 47. Persons entitled to vote. 48. Conduct of a Referendum. 49. Day for taking a Referendum. PART VI Dáil Constituencies 50. Dáil Constituencies. 51. Disqualification for membership of the Dáil. 52. Resignation of membership of the Dáil. 53. Filling vacancies in the Dáil. 54. Issue of Writs. 55. Persons returned for two or more constituencies. 56. Candidates at bye-elections. PART VII Membership of Seanad Eireann 57. Disqualification for membership of the Seanad. PART VIII General 58. Adaptation of Acts. 59. Application of enactments relating to bribery, etc. 60. Computation of time. 61. Confirmation of Franchise Resolutions. 62. Difficulty and Emergency Orders. 63. Officers liable to action for breach of duty. 64. Rules, Regulations, Scales of Expenses, &., to be laid before each House of the Oireachtas. 65. Definitions. 66. Repeals. 67. Short Title. FIRST SCHEDULE Registration Rules. SECOND SCHEDULE Registration Rules for University Constituencies. THIRD SCHEDULE Proportional Representation Election Rules. FOURTH SCHEDULE Postal Voting Rules. FIFTH SCHEDULE Rules for Conduct of Dáil Elections. SIXTH SCHEDULE Rules for Conduct of Seanad Elections. SEVENTH SCHEDULE Rules for Conduct of Referenda. EIGHTH SCHEDULE Constituencies. NINTH SCHEDULE Adaptation of Enactments. TENTH SCHEDULE Repeals. Number 12. ELECTORAL ACT, 1923. AN ACT TO REGULATE THE DÁIL AND SEANAD FRANCHISES IN SAORSTÁT EIREANN; TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE REGISTRATION OF ELECTORS AND THE CONDUCT OF ELECTIONS TO DÁIL EIREANN; AND TO REGULATE THE CONDUCT OF ELECTIONS TO SEANAD EIREANN AND OF A REFERENDUM AND FOR OTHER PURPOSES CONNECTED THEREWITH. [17th April, 1923.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Franchise. Dáil Franchise. 1.—

(1)Every person without distinction of sex who is a citizen of Saorstát Eireann and has attained the age of twenty-one years and is not subject to any legal incapacity imposed by this Act or otherwise shall be entitled to be registered once as a Dáil elector in one, but not more than one, constituency in Saorstát Eireann.

(2)Every such person as aforesaid may be registered as a Dáil elector in any one of the following constituencies, viz.:— (

a)the constituency in which he or she is ordinarily resident on the qualifying date; or (
b)the constituency in which he or she occupies on the qualifying date business premises; or (
c)the University constituency comprising a university in which he or she has received a degree other than an honorary degree or, in the case of the University of Dublin, has received such degree as aforesaid, or obtained a foundation scholarship, or, if a woman, obtained a non-foundation scholarship.

(3)The expression “business premises” in this section means land, buildings, or other premises occupied for the purpose of the business, profession or trade, of the person to be registered, of the rateable value of not less than ten pounds, and includes part of a house or other building. Where any such business premises are not separately valued the rateable value shall be deemed to be the amount which would, in the opinion of the registration officer, be the rateable value if they were separately valued.

(4)Where business premises are in the joint occupation of two or more persons, each of the joint occupiers shall, for the purposes of this Act, be treated as occupying the premises, subject as follows:— (

a)the aggregate value of the business premises must be not less than the amount produced by multiplying ten pounds by the number of joint occupiers, and (
b)not more than two joint occupiers shall be entitled to be registered in respect of the same business premises, unless they are bona fide engaged as partners, carrying on their profession, trade or business on the business premises.

(5)If a person would be qualified under this section to be registered as a Dáil elector in more than one constituency he or she may choose which of those constituencies he or she shall be registered in.

(6)A member of the defence force of Saorstát Eireann on full pay living in any barracks or other building or place belonging to or provided by the Government of Saorstát Eireann shall not be treated as ordinarily resident in such barracks, building or place, or as occupying the same for the purposes of his trade, profession or business within the meaning of this section, but shall for the purposes of this section be deemed to be ordinarily resident on the qualifying date in the constituency in which but for his service he would be ordinarily resident on the qualifying date.

(7)The statement of any member of the defence forces of Saorstát Eireann, made in the prescribed form and verified in the prescribed manner, that he would, but for his service, have been ordinarily resident on the qualifying date in a specified constituency shall, in the absence of evidence to the contrary, be conclusive evidence of that fact.

(8)A person employed in a house, part of a house or other premises at a salary shall not be treated as thereby occupying the same for the purpose of his trade, profession or business within the meaning of this section.

(9)A person who is an inmate or patient in any prison, lunatic asylum, workhouse, poorhouse, or any other similar institution shall not by reason thereof be treated as ordinarily resident therein or as occupying the same within the meaning of this section. Seanad Electors. 2.—Every person, without distinction of sex, who is a citizen of Saorstát Eireann and has attained the age of thirty years and is not subject to any legal incapacity, whether imposed by this Act or otherwise, shall be entitled to be registered as a Seanad elector in the constituency in which he or she is registered as a Dáil elector. Right of person registered to vote. 3.—

(1)Every person registered as a Dáil elector for any constituency shall, while so registered, be entitled to vote at every Dáil election for that constituency, and also to vote in that constituency at every Referendum.

(2)Every person registered as a Seanad elector in any constituency shall, while so registered, be entitled to vote in that constituency at every Seanad election. Provisions as to disqualifications. 4.—

(1)A person shall not be disqualified from being registered, or from voting as a Dáil or Seanad elector, or from voting at a Referendum by reason that he or she or some other per on for whose maintenance he or she is responsible has received poor relief or other alms.

(2)Nothing contained in this Act shall, except as expressly provided therein confer on any person who is subject to any legal incapacity to be registered, or to vote either as a Dáil or Seanad elector, or to vote at a Referendum any right to be so registered or to vote.

(3)A person shall not be disqualified from voting at any election as a Dáil or Seanad elector, by reason of being employed for payment by or on behalf of a candidate at such election so long as the employment is legal. Police not to be registered or vote. 5.—No member of any Police force on full pay may be registered as a Dáil or Seanad elector, or vote at any Dáil or Seanad election or at a Referendum. Qualifying date. 6.—The qualifying date for the first register prepared under this Act shall be the 15th day of October, 1922, and the qualifying date for every subsequent register shall be the 15th day of November. Ascertainment of elector's age. 7.—For the purposes of this Act a person's age shall be taken to be that person's age— (a) In the case of the first register prepared under this Act, on the 15th day of October, 1922. (b) In the case of any subsequent register, on the 15th day of November, being the qualifying date. PART II. Registration. Annual register. 8.—

(1)One register of electors shall be prepared in every year and, except in University constituencies, the first register to be prepared under this Act shall be a register of electors who were qualified on the 15th day of October, 1922, and the register to be prepared in every subsequent year shall be a register of electors who were qualified on the previous 15th day of November.

(2)The first register prepared under this Act shall come into force on the commencement of the 1st day of June, 1923, or such later date as the Minister for Local Government may fix by Order, and shall remain in force until the 1st day of June, 1924, and except in University constituencies every subsequent register shall come into force on the commencement of the 1st day of June next after the qualifying date in respect of which such register is made and shall remain in force until the next following 1st day of June.

(3)If for any reason the registration officer fails in any year to compile a fresh register for his area, or any part of his area, the register in force at the time when the fresh register should have come into force shall continue to operate as the register for the area or part of an area in respect of which default has been made. This sub-section shall apply to a failure in respect of the first register prepared under this Act as well as to a failure in respect of any subsequent register. Registration officers and areas. 9.—

(1)Each administrative county not being a county borough and each county borough and each University constituency shall be a registration area, and there shall be a registration officer for each registration area.

(2)The Clerk of the Crown and Peace for an administrative county not being a county borough shall be the registration officer for that administrative county, and the Clerk of the Crown and Peace for a county borough shall be the registration officer for that county borough.

(3)The registration officer for a University constituency shall be appointed and paid by the governing body of the University. Deputy Registration Officers. 10.—

(1)Any of the duties and powers of the registration officer may be performed and exercised by any deputy for the time being approved by the Minister for Local Government, and the provisions of this Act shall apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as it applies to the registration officer.

(2)In the event of any vacancy in the office of registration officer, or in the event of the registration officer's incapacity to act, the powers and duties of the registration officer may be exercised and performed by any person temporarily appointed in that behalf by the Minister for Local Government.

(3)This section shall not apply to University constituencies. Registration duties. 11.—

(1)It shall be the duty of the registration officer to compile the annual register, and to place, or cause to be placed, on the register in accordance with the rules contained in the First Schedule to this Act the names of those entitled to vote as Dáil electors, or Seanad electors, in his registration area, and to comply with any general or special directions which may be given by the Minister for Local Government with respect to the arrangements to be made by the registration officer for carrying out his duties as to registration.

(2)The Minister for Local Government may by Order prescribe the forms to be used for registration purposes and any fees to be taken in connection therewith, and alter the rules contained in the First Schedule to this Act for the purpose of carrying this Act into full effect, or for carrying into effect any Act for the time being in force amending or affecting this Act.

(3)This section shall not apply to University constituencies. Expenses of Registration. 12.—

(1)Any expenses properly incurred by a registration officer in the performance of his duties in relation to registration, including all proper and reasonable charges for trouble, care and attention in the performance of those duties other than duties which are performed by the registration officer in person (which expenses are in this Act referred to as “registration expenses”) shall be paid:— (a) in the case of an administrative county by the County Council of that county; (b) in the case of a county borough by the Council of that county borough.

(2)The registration expenses shall be paid in the case of the Council of an administrative county out of the Poor Rate as a county at large charge, and in the case of the Council of a county borough out of the rate or fund out of which the general expenses of the Council are paid, or out of any other rate or fund which the Minister for Local Government may on the application of the Council approve.

(3)The Minister for Finance may frame a scale of registration expenses applicable to all or any class or classes of those expenses, and may alter the scale as and when he thinks fit. Any expenses incurred by the registration officer of a class to which the scale is applicable shall be taken to be properly incurred if they do not exceed the maximum amount determined by or in accordance with the scale, and so far as they do exceed that amount shall be taken not to have been properly incurred unless the excess is specially sanctioned by the Council and the Minister for Finance either before or after the expenses have been incurred. If any question arises whether any expenses incurred by the registration officer of a class to which the scale is not applicable have been properly incurred or not, that question shall be referred to the Minister for Local Government, and the decision of the Minister on the question shall be final.

(4)Any fees or other sums received by the registration officer in respect of his duties as such officer, other than sums paid to that officer in respect of his registration expenses, shall be accounted for by that officer and paid to the credit of the fund or rate out of which the expenses of that officer are paid.

(5)There shall be paid out of moneys provided by the Oireachtas to the council of any county or borough in aid of the fund or rate out of which any registration expenses are paid by the council in accordance with this Act one-half of the amount so paid by the council.

(6)On request of the registration officer of any registration area for an advance on account of registration expenses the council by which the registration expenses for that area are payable may, if they think fit, make such an advance to such officer of such amount and subject to such conditions as the council may approve, and if such council shall refuse to make to the registration officer any advance, or any part of any advance, for which he shall have made such request as aforesaid, the Minister for Local Government may, on the application of the registration officer, direct the council to make to the registration officer such advance as the Minister aforesaid shall think right, but not exceeding the amount of the advance for which the registration officer shall have made such request as aforesaid and the council shall forthwith make to the registration officer an advance in accordance with such direction.

(7)The Minister for Local Government shall procure all printing required for registration purposes to be done by such persons and at such prices as he shall think proper, and the cost of such printing shall be part of the registration expenses of the registration area, or several registration areas, for the use of which such printing is done, and one-half of the cost of such printing shall be paid out of moneys provided by the Oireachtas, and the other half thereof shall be paid by the council by which the registration expenses of which such printing forms part are payable: Provided that any question as to the apportionment between the several registration areas of the cost of any printing which is done for the use of more than one registration area shall be fixed by the Minister for Local Government.

(8)This section shall not apply to University constituencies. Counties divided into Ridings. 13.—Where an administrative county is divided into Ridings the Minister for Local Government may, by order, divide the county into a corresponding number of registration areas, and make any adaptations of this Act which may be necessary in consequence of the division, and the Clerk of the Crown and Peace for any Riding shall be registration officer for such of those areas as may be directed by the Minister for Local Government. Salaries of clerks of the Crown and Peace. 14.—Notwithstanding the limit imposed by any statute now in force the salaries of Clerks of the Crown and Peace may be increased by orders made by the Minister for Finance to such extent as shall appear to such Minister to be proper, having regard to the additional duties imposed on those officers by this Act: Provided that the liability of a Clerk of the Crown and Peace to account for sums other than registration expenses received by him as registration officer shall not extend to any such increase in salary. Register for University Constituencies. 15.—

(1)The governing body of every University forming a University constituency shall, in accordance with the Rules contained in the Second Schedule to this Act, cause a register to be kept in such form as the Minister for Local Government shall direct of persons entitled to vote as Dáil electors or as Seanad electors in the University constituency, and shall make the register available for the purpose of such electors and shall, on the application of any person, allow that person at all reasonable times to inspect and take extracts from the register.

(2)The first register to be prepared under the Act for each University constituency shall be a register of electors who were qualified on the 15th day of October, 1922, and shall come into force on the 1st day of June, 1923, or on such later date as the Minister for Local Government may fix by Order. Each subsequent register shall be a register of electors who were qualified on the 15th day of November, and shall come into force on the next following 15th day of June.

(3)The Minister for Local Government may from time to time make such alterations in the Rules contained in the Second Schedule to this Act as may be necessary for the purpose of carrying this Act into full effect, or for carrying into effect any Act for the time being in force amending or affecting this Act.

(4)The governing body of any such University may direct that a person who, before the passing of this Act, has received a degree at the University but was not entitled to vote in respect thereof shall have no right to be registered unless he makes a claim for the purpose,

(5)No fee shall be charged by the governing body of any such University in respect of the registration of any person as an elector in the constituency comprising such University. Appeals. 16.—

(1)An appeal shall lie to the County Court having jurisdiction in the registration area from any decision of the registration officer on any claim or objection which has been considered by him under this Act, or the placing of, or refusal to place, any mark against any name on the register, and rules of court shall be made for the purpose of determining the procedure on any such appeals and for applying and adapting thereto any enactments relating to county courts and the procedure therein: Provided that except in University constituencies an appeal shall not lie where a claimant or objector has not availed himself of his opportunity, as provided in the First Schedule to this Act, of being heard by the registration officer on the claim or objection, or as to the placing of, or refusing to place, any such mark as aforesaid: Provided also that in the County Borough of Dublin and in a University constituency and in the administrative County of Dublin the appeal under this section shall not be to the County Court, but shall, in the County Borough of Dublin and in a University constituency, be to the revising barristers for the City of Dublin, and shall in the administrative County of Dublin be to the revising barrister for the County of Dublin.

(2)In any county in which the jurisdiction of the County Court is exercised for the time being by two or more County Court judges, the appeals from the registration officer shall be dealt with by such one of those judges or his assistant judge as may be directed by the Chief Justice of the Supreme Court, or shall be distributed amongst those judges and their assistant judges according as may be so directed.

(3)For the purposes of this Act County Court rules, orders, and scales of fees, costs, and charges may be made under sections seventy-nine, eighty-three, and eighty-four of the County Officers and Courts (Ireland) Act, 1877 ; but the provisions of those sections as to the concurrence of, or certification by County Court judges or the Recorder shall not apply.

(4)An appeal shall lie on any point of law from any decision of the County Court or of a Revising Barrister as the case may be on any such appeal from the registration officer in accordance with rules of the Supreme Court to the Court of Appeal, but no appeal shall lie from the decision of the Court of Appeal.

(5)The right of voting of any person whose name is for the time being on the register shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision of the appeal.

(6)Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the County Court or of a Revising Barrister or of the Court of Appeal on any appeal under this section, and the registration officer shall make such alterations in the register of electors as may be required to give effect to the decision.

(7)On any appeal under this section the registration officer shall be deemed to be a party to the proceedings.

(8)If the Chief Justice of the Supreme Court is satisfied on the representation of the judge of any County Court or the Revising Barristers or Barrister of the City or County of Dublin that the judge or Revising Barristers or Barrister is or are unable, owing to the necessity of dealing with appeals under this Act, to transact the business of the court with proper despatch, the Governor-General of Saorstát Eireann on the advice of the Executive Council may appoint a Barrister of at least seven years' standing to act as assistant judge or assistant Revising Barrister as the case may be for such time and subject to such conditions as the Governor-General of Saorstát Eireann on the advice aforesaid shall direct. Any assistant judge or assistant Revising Barrister so appointed shall have all the powers and privileges and may perform any of the duties of the judge, Revising Barristers or Barrister, whether under this Act or otherwise, to whom he has been appointed assistant. An assistant judge or assistant Revising Barrister shall be paid out of moneys provided by the Oireachtas such remuneration and travelling allowances as may be allowed by the Minister for Finance.

(9)For the purposes of this section the expressions “County Court,” “Supreme Court,” and “Court of Appeal” shall until the Oireachtas otherwise determines mean the Courts which under the enactments in force at the passing of this Act exercise in the registration area the powers and jurisdictions of a County Court or a Supreme Court or a Court of Appeal, respectively, by whatever name or names such courts may respectively be called. PART III. Method and Costs of Elections. Proportional representation and constituencies. 17.—

(1)A contested Dáil or Seanad election shall be according to the Principle of Proportional Representation, each elector having one transferable vote.

(2)The expression “transferable vote” means a vote:— (

a)capable of being given so as to indicate the voter's preference for the candidates in order; and (
b)capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is eliminated from the list of candidates. Days for nominations and Polls. 18.—

(1)At a general election the last day for receiving nominations shall in all constituencies be the eighth day after the date of the proclamation declaring the calling of the Oireachtas, and the poll shall in all cases be held on the first Monday not being earlier than the seventh day after the last day for receiving nominations.

(2)In the case of a bye-election— (

a)The last day for receiving nominations shall be fixed by the returning officer and shall be not later than the ninth day nor earlier than the seventh day after the receipt of the writ by the returning officer with an interval of not less than three clear days between the giving of the notice fixing the day and the day itself. (
b)The poll shall take place on such day as the returning officer may appoint, not being less than eight or more than ten clear days after the day fixed as the last day for receiving nominations.

(3)Official telegraphic information of the writ having been issued for a Dáil election may be given in such cases and by such persons as may be directed by the Minister for Local Government, and any steps for holding an election which may be taken on or after the receipt of the writ may be taken on or after the receipt of an official telegraphic intimation of the writ having been issued. Nomination of candidates. 19.—

(1)A candidate for election to the Dáil shall be nominated in writing and such writing shall be subscribed by two registered electors of the constituency as proposer and seconder, respectively, and by eight other registered electors of the constituency as assenting to the nomination, and shall be delivered to the returning officer by the candidate himself or his proposer or seconder— (

a)in the case of a general election at any time after the date of the proclamation declaring the calling of the Oireachtas and before the expiration of the time appointed for receiving nominations; and (
b)in the case of a bye-election at any time after the receipt of the writ by the returning officer, and before the expiration of the time appointed for receiving nominations.

(2)If at the expiration of one hour after the end of the time appointed for receiving nominations no more candidates stand nominated than there are vacancies to be filled up, the returning officer shall forthwith declare the candidates who may stand nominated to be elected and return their names to the Clerk of the Dáil; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up the returning officer shall adjourn the election and shall take a poll in the manner directed by this Act.

(3)A candidate may, before the expiration of the time appointed for receiving nominations but not afterwards, withdraw from his candidature by furnishing a notice to that effect, signed by him, to the returning officer: Provided that the proposer and seconder οf a candidate nominated in his absence out of Ireland may before the expiration of the time aforesaid, but not afterwards withdraw such candidate by a written notice, signed by them, and delivered to the returning officer, together with a written declaration of such absence of the candidate.

(4)If after the adjournment of an election by the returning officer for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand the notice of the poll, and all the proceedings with reference to the election shall be commenced afresh, and in such fresh election the last days for receiving nominations and the day for the poll shall be fixed in the manner provided by this Act for the case of a bye-election, and for that purpose the writ shall be deemed to have been received by the returning officer on the day on which proof was given to him of the death of such candidate, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the poll. Deposit by candidates at Dáil elections. 20.—

(1)A candidate at a Dáil election, or someone on his behalf, shall deposit with the returning officer before the expiration of the time appointed for receiving nominations the sum of one hundred pounds, and, if he fails to do so, he shall be deemed to be withdrawn.

(2)The deposit may be made by the deposit of any legal tender or, with the consent of the returning officer, in any other manner.

(3)If after a deposit is made the candidate is withdrawn the deposit shall be returned to the person by whom the deposit was made, and if the candidate dies after the deposit is made and before the poll is closed, the deposit, if made by him, shall be returned to his legal personal representative, or, if not made by him, shall be returned to the person by whom the deposit was made.

(4)If a candidate is not elected the deposit made by him or on his behalf shall be returned to the person by whom the deposit was made as soon as practicable after the result of the election is declared, unless the number of votes polled by the candidate does not exceed one-third of the quota as ascertained in accordance with the rules contained in the Third Schedule of this Act, and in such case the deposit shall be forfeited to Saorstát Eireann. For the purposes of this sub-section the number of votes polled by a candidate shall be deemed to be the greatest number of votes at any time credited to him in accordance with the Rules contained in the Third Schedule to this Act.

(5)If a candidate is elected the deposit made by him or on his behalf shall be dealt with as follows:— (

a)If the candidate takes the oath as a member of the Oireachtas to which he is so elected the deposit made by him or on his behalf shall be returned to him as soon as he has taken such oath. (
b)If a candidate does not take the oath as a member of the Oireachtas to which he is so elected the deposit made by him or on his behalf shall, on the dissolution of such Oireachtas, be forfeited to Saorstát Eireann unless the candidate shall, before the dissolution of such Oireachtas, have died without having taken such oath, and without having resigned his membership or become disqualified, in which case the deposit aforesaid shall, as soon as practicable after his death, be returned to his legal personal representative.

(6)If a candidate is nominated at a general election in more than one constituency he shall in no case be entitled to have more than one deposit returned to him, and if but for this sub-section such candidate would be entitled under this section to have more than one deposit returned to him, only such one as the Minister for Finance shall direct of such deposits shall be returned to him, and the other deposit or deposits shall be forfeited to Saorstát Eireann. Voting by postal Voters. 21.—

(1)Every Dáil or Seanad elector in any county or borough constituency who is a member of the defence force of Saorstát Eireann on full pay shall, if he so desires, be entered on the postal voters list of his constituency.

(2)The name of every elector in a University constituency shall be entered on the postal voters list for that constituency.

(3)Every elector whose name is on the postal voters list for any constituency shall be entitled to vote by sending his ballot paper by post to the returning officer, but shall not, so long as his name is on that list, be entitled to vote in any other manner.

(4)The returning officer shall, in the case of a contested Dáil election, as soon as practicable after the adjournment of the election, and in the case of a Seanad election or a Referendum, as soon as practicable after the issue of the proclamation appointing the day on which same is to be held or taken, send a ballot paper to each elector whose name is on the postal voters' list and who is entitled to vote at that election or Referendum to the address recorded by the registration officer, together with a declaration of identity in the prescribed form, and if such ballot paper duly marked by the postal voter and accompanied by the declaration of identity duly signed and authenticated is received by the returning officer before the close of the poll it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.

(5)The returning officer in sending out, receiving and otherwise dealing with the ballot papers of postal voters shall observe the rules contained in the Fourth Schedule to this Act and such further rules (not being inconsistent with the rules aforesaid) as shall from time to time be made by the Minister for Local Government. Voting by persons in the employment of returning officers. 22.—Where an elector for any constituency is employed by the returning officer for that constituency for any purpose in connection with an election for that constituency, and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which that elector would otherwise be entitled to vote, the returning officer may authorise such elector, by a certificate given in the prescribed form, to vote at any other polling station in the constituency, and that polling station shall, for the purpose of Rule 16 of the Fifth Schedule to this Act be deemed to be the polling station allotted to that elector. Returning Officers. 23.—

(1)The returning officer at an election in any constituency other than a University constituency shall be:— (

a)In the case of the borough constituency the under sheriff of the borough or city in which such constituency is wholly or partly situate. (
b)In the case of a county constituency which is coterminous with or wholly contained in one administrative county the under sheriff of that administrative county. (
c)In the case of a county constituency which is situate in two or more administrative counties, the under-sheriff of such one of those administrative counties as the Minister for Local Government shall from time to time appoint, but the under-sheriff of any other of those administrative counties shall, if he so desires, be appointed by the returning officer to act as assistant returning officer for the purpose of the execution, in the part of the constituency within the jurisdiction of such under-sheriff, of any powers and duties of the returning officer other than powers and duties which require to be executed by the returning officer in person, and any question as to the respective rights and obligations of any such returning officer and any such under-sheriff under this provision shall be determined by the Minister for Local Government, whose determination shall be final.

(2)The returning officers for the University constituencies shall be:— (

a)In the case of Dublin University constituency the Provost of Trinity College, Dublin. (
b)In the case of the National University constituency, the Vice-Chancellor of the National University: Provided that if at the time of an election in any University constituency the office mentioned in this sub-section as constituting the holder thereof returning officer for the constituency is vacant, or the holder of that office is through ill-health or from any other cause incapacitated from acting as returning officer in that election, the governing body of the University shall appoint some other officer of the University to be returning officer for the constituency at that election. Conduct of Dáil elections. 24.—It shall be the duty of the returning officer for each constituency to conduct every Dáil election in that constituency according to the rules contained in the Third , Fourth and Fifth Schedules to this Act, and such further rules (not being inconsistent with the rules aforesaid) as shall from time to time be made by the Minister for Local Government. Payment of Returning Officers expenses. 25.—

(1)The returning officer at a Dáil election shall be entitled to his reasonable charges, not exceeding the sums specified in the scale of maximum charges framed under this section in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the election.

(2)The amount of any such charges shall be paid by the Minister for Finance out of the central fund or the growing produce thereof on an account to be submitted to him in accordance with regulations to be made by him under this section, but the Minister for Finance may, if he thinks fit, before payment apply to any County Court having jurisdiction in the constituency to which such account relates for the taxation of the account, and such court shall have jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer.

(3)On the request of the returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit, and on such terms as he thinks fit, make such an advance.

(4)Where an application is made for the taxation of a returning officer's account, the returning officer may apply to the court aforesaid to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to, with or without costs, and the determination of the court shall be final for all purposes and as against all persons.

(5)The Minister for Finance shall prescribe a scale of maximum charges for the purposes of this section and may revise the scale as and when he thinks fit, and may also make regulations as to the time when and manner and form in which accounts are to be rendered to him for the purpose of the payment of the charges. The poll at elections. 26.—

(1)In the case of a poll at an election the votes shall be given by ballot, and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates, or, in the case of a Referendum, the title of the Bill.

(2)Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face.

(3)At the time of voting the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of electors shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper and folded it up so as to conceal his vote, shall place it in a closed box in the presence of the officer presiding at the polling station (in this Act called “The Presiding Officer”) after having shown to him the official mark at the back.

(4)At a Dáil or Seanad election any ballot paper— (

a)which does not bear the official mark; or (
b)on which the figure 1 standing alone indicating a first preference for some candidate is not placed; or (
c)on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate; or (
d)on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate; or (
e)on which anything except the said number on the back is written or marked by which the voter can be identified, shall be invalid and not counted.

(5)At a referendum any ballot paper— (

a)which does not bear the official mark; or (
b)on which votes are given both for and against the Bill; or (
c)on which anything except the said number on the back is written or marked, by which the voter can be identified. shall be invalid and not counted. The counting of the votes. 27.—

(1)After the close of the poll the ballot boxes shall be sealed up so as to prevent the introduction of additional ballot papers, and shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candidates as may be in attendance, open the ballot boxes and ascertain the result of the poll in accordance with the provisions of this Act and the Schedules hereto, and the rules and regulations made hereunder, and shall forthwith declare to be elected the candidates or candidate who are or is ascertained in manner aforesaid to be elected and return their or his names or name to the Clerk of the Dáil.

(2)The decision of the returning officer as to any question arising in respect of any ballot paper at the counting of the votes shall be final subject to reversal on petition questioning the election or return. Infringement of secrecy. 28.—

(1)Every officer, clerk and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.

(2)Every officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.

(3)Every officer, clerk and agent concerned in the issue of ballot papers to postal voters and the receipt of ballot papers from postal voters shall maintain, and aid in maintaining, the secrecy of the voting by such voters, and shall not communicate, except for some purpose authorised by law, before the poll is closed to any person any information as to the name or number on the register of electors of any postal voter to or from whom any ballot paper has been sent or received, or as to the official mark, and no such officer, clerk or agent, and no person whosoever shall interfere with, or attempt to interfere with, the receipt, marking or return of his ballot paper by any postal voter, or attempt to obtain information as to the candidate for whom any such voter has voted, or communicate at any time to any person any information obtained in connection with the issue or receipt of ballot papers to or from postal voters as to the candidates for whom any such voter has voted, or as to the number on the back of the ballot paper sent to any such voter.

(4)No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to make known to any person the name of the candidate for or against whom he has marked his vote.

(5)Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace or any magistrate having the powers or jurisdiction formerly exercisable by two justices of the peace, to imprisonment for any term not exceeding six months, with or without hard labour. Questions and oaths at elections. 29.—

(1)No questions, inquiries or objection shall be put, made or permitted at the time of the poll as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or his deputy save only that the returning officer or his deputy may, and, if so required on behalf of any candidate, shall put to any voter at the time of his tendering his vote and not afterwards the following questions, or any or either of them, viz.:— (

i)Are you the same person as the person whose name appears as A B on the Register of Electors now in force for the constituency of ____________________ . (
ii)Have you already voted at this general election (or this bye-election, or this Seanad election, or this Referendum, as the case may be)? And unless the first question is answered in the affirmative and the other question or questions as the case may be are or is answered in the negative that person shall not vote.

(2)The returning officer or his deputy may, and, if so required on behalf of any candidate, shall administer to any voter at the time of his tendering his vote and not afterwards an oath or (in the case of any person who objects to take an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:— “I swear by Almighty God (or I, A B, do solemnly, sincerely and truly declare and affirm as the case may be) that I am the same person as the person whose name appears as A B on the Register of Electors now in force for the constituency of____________, and that I have not already voted at this general election (or this bye- election, or this Seanad election, or this Referendum as the case may be).”

(3)Save as is mentioned in this section it shall not be lawful to require any voter at any election to take any oath or affirmation either in respect of his right to vote or any other matter whatsoever.

(4)It shall not be lawful to reject any vote tendered by any person whose name shall be upon the Register of Electors in force for the time being except by reason of its appearing to the returning officer or his deputy upon putting such questions as aforesaid, or any or either of them, that the person so claiming to vote is not the same person whose name appears on such register as aforesaid, or that such person has already voted at that general or bye-election, or Seanad election, or Referendum (as the case may be), or except by reason of such person refusing to answer the said questions, or any or either of them, or to take the said oath or make the said affirmation; and no scrutiny shall hereafter be allowed by or before any returning officer with regard to any vote given or tendered at any such election. Use of schools and public rooms. 30.—

(1)The returning officer at any election may use, free of charge, for the purpose of taking the poll at such election, any room in a school receiving a grant out of moneys provided by the Oireachtas, and any room the expense of maintaining which is payable out of any local rate, and may defray any expenses incurred by the person or body of persons, corporate or incorporate, having control over the same on account of its being used for the purpose of taking the poll as aforesaid.

(2)Wherever no such room as is mentioned in the foregoing sub-section is available, the returning officer shall hire a building or room for the purpose of taking the poll.

(3)A candidate at any election shall be entitled, for the purpose, of holding a public meeting in furtherance of his candidature, to the use at reasonable times between the receipt of a writ for the election and the day of the poll of a suitable room in any public elementary school situated within the constituency for which he is a candidate: Provided that this sub-section shall not authorise the use of any room used as part of a private dwellinghouse nor authorise any interference with the school hours of an elementary day or evening school: Provided also that a charge may be made to cover any actual and necessary expenses incurred by the local education authority, or by the managers of the school, in respect of the preparation of the room before the meeting for the purposes of the meeting, and after the meeting for school purposes, and for heating, lighting, and cleaning the room.

(4)If by reason of the use of any room under sub-section 1 or 3 of this section any damage is done to such room, or to the building of which it forms part, or to the furniture, fitting or apparatus in or of such room or building, the damage shall be defrayed by the returning officer or by the person by whom or on whose behalf the meeting is convened as the case may be.

(5)The use of any room in an unoccupied house for the purpose of taking a poll shall not render any person liable to be rated or to pay any rate for such house.

(6)A person having charge of a school adjoining or adjacent to, or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer or a candidate of an intention to use such school or any part thereof for the purposes of this section, object to such use by sending a statement of such objection to the returning officer. Any objection made under this sub-section may, on the application of the returning officer, be over-ruled by the Minister for Local Government if he thinks it right so to do, but unless and until such objection is so over-ruled no part of the school referred to in such objection may be used under this section by the returning officer or any candidate. General duty of returning officer. 31.—Subject to the provisions of this Act, every returning officer shall provide such nomination papers, polling stations, ballot boxes, ballot papers, stamping instruments, copies of the register of electors, and other things, appoint and pay such officers, and do such other acts and things as may be necessary for effectually conducting the election in manner provided by this Act. Keeping of order in polling stations. 32.—If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately by order of the presiding officer be removed from the polling station by any police constable in or near that station, or any other person authorised in writing by the returning officer to remove him; and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station during the day. Any person so removed as aforesaid, if charged with the commission in such station of any offence, may be kept in custody until he can be brought before a justice of the peace or a magistrate having the powers or jurisdiction formerly vested in a justice of the peace. Proceedings in case of riot. 33.—

(1)If and whenever any nomination of candidates or any poll shall be interrupted or obstructed by any riot or open violence the returning officer or any deputy returning officer shall adjourn the nomination or poll as the case may be until the following, day, and if necessary shall further adjourn such nomination or poll until such interruption or obstruction shall have ceased when the returning officer or his deputy shall again proceed with the nomination or the poll as the case may be.

(2)Whenever any nomination shall be adjourned under this section the day on which such nomination shall be completed after such adjournment shall be deemed to be the day appointed by law for such nomination, and the date for the taking of the poll shall be regulated accordingly.

(3)In the event of such interruption or obstruction of a poll as aforesaid only the polling at such polling places as are actually affected by such interruption or obstruction shall be adjourned under this section and the polling at all other polling places shall be continued without adjournment.

(4)Whenever a poll shall have been adjourned under this section by any deputy returning officer such deputy shall forthwith give notice of such adjournment to the returning officer, and whenever a poll shall have been adjourned under this section the returning officer shall not finally declare the result of the election until such adjourned poll shall have been completed and the votes cast thereat shall have been counted.

(5)In every case in which the day to which an adjournment would be made under this section shall happen to be a Sunday, Good Friday, Christmas Day or Bank Holiday, or a day declared to be a public holiday by statute or proclamation that day or days shall be passed over and the following day shall be the day to which the adjournment shall be made.

(6)This section shall apply to any interruption or obstruction caused by persons being prevented by riot or open violence from proceeding to the place for receiving nominations, or to any polling place, as the case may be, as well as to any interruption or obstruction caused in any other manner by riot or open violence. Destruction, etc., of Ballot Boxes or Papers. 34.—

(1)If at any election any ballot box or boxes or any ballot paper or papers, is or are taken out of the custody of the returning officer, or of any deputy returning officer, or is or are in any way tampered with, or is or are either accidentally or intentionally destroyed, or (in the case of a ballot paper or papers) maliciously torn or defaced, the election to which such ballot box or boxes or ballot paper or papers relate shall be void, but only in respect of the polling at the polling place or places at which such ballot box or boxes or such ballot paper or papers was or were used and no further or otherwise.

(2)Whenever the polling at any polling place or places shall become void under the foregoing sub-section the returning officer shall as soon as practicable after the act or event causing such voidance shall have come to his knowledge appoint a day (not being later than seven days after the day of the original polling) for the taking of a fresh poll in such or every such polling place, and shall not count the votes cast at such election until such fresh poll shall have been completed.

(3)In every such case as aforesaid the returning officer shall take a fresh poll in such or every such polling place as aforesaid on the day so appointed by him, and all the provisions of this Act shall apply to every such fresh poll as they apply to the original poll. Appointment and powers of presiding officers and clerks. 35.—The returning officer shall appoint a presiding officer to preside at each polling station, and for the purpose of the adjournment of the poll, and of every other enactment relating to the poll, a presiding officer shall have the powers belonging to a deputy returning officer under this Act; and any presiding officer and any clerk appointed by the returning officer to attend at a polling station shall have the power of asking the questions and administering the oaths authorised by this Act to be asked of or administered to voters, and may take and receive any declaration authorised by this Act to be taken before the returning officer or any magistrate. Officers not to act as agents for candidates. 36.—No returning officer at any election, nor his deputy, nor any partner or clerk of either of them, shall act as agent for any candidate at that election in the management or conduct of his election; and if any returning officer, his deputy, the partner or clerk of either of them, shall so act he shall be guilty of a misdemeanour. Conclusiveness of register of voters. 37.—At any election in any constituency a person shall not be entitled to vote unless his name is on the register of electors for the time being in force for such constituency, and every person whose name is on such register shall be entitled to demand and receive a ballot paper and to vote: Provided that nothing in this section shall entitle any person to vote who is prohibited from voting by any statute or relieve such person from any penalties to which he may be liable for voting. Prohibition of disclosure of vote. 38.—No person who has voted at an election shall in any legal proceeding to question the election or return be required to state for whom he has voted. Non-compliance with rules. 39.—No election shall be declared invalid by reason of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms in any Schedule to this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election. Use of Local Government Ballot Boxes, &c. 40.—Where any constituency comprises the whole or any part of any Local Government electoral area any ballot boxes, fittings for polling stations and compartments provided for Local Government elections in such electoral area may be used for any election in such constituency; and it shall be the duty of the returning officer at any election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and the court upon taxation of his accounts shall have regard to the provisions of this section and any damage other than reasonable wear and tear caused to any such ballot boxes, fittings and compartments by such user at any such election shall be paid as part of the expenses of such election. Place and hours of poll. 41.—

(1)Each General Election shall be held on one day only, and such day shall be the same throughout Saorstát Eireann, and shall be not later than thirty days after the dissolution of the Oireachtas, and shall be proclaimed a public holiday.

(2)The place of election shall be fixed for each constituency by the returning officer, and shall be:— (

a)in a borough constituency some place within the borough; and (
b)in a county constituency some place within the constituency or within a county borough adjoining the constituency. (
c)in a University constituency some University building.

(3)The poll, if any, at a general election shall commence at nine o'clock in the forenoon, and be kept open till seven o'clock in the afternoon and no longer.

(4)The poll, if any, at a bye-election shall commence at eight o'clock in the forenoon, and be kept open till eight o'clock in the afternoon and no longer. Division of constituency into polling districts, and appointment of polling places. 42.—

(1)It shall be the duty of the council by which the registration expenses of the registration officer are paid to divide the administrative county or county borough as the case may be into polling districts, and to appoint polling places for the polling districts in such manner as to give to all electors in the county or borough such reasonable facilities for voting as are practicable in the circumstances.

(2)The powers of a council under the foregoing sub-section shall be exercised in accordance with rules to be from time to time made by the Minister for Local Government, and any exercise by a council of the powers aforesaid shall be subject to confirmation by the Minister aforesaid, who may confirm the proposed division, appointment or alteration either with or without modification, or may withhold confirmation thereof.

(3)Notice of any exercise of the powers aforesaid by any council shall after the same has been confirmed either with or without modification by the Minister for Local Government be published in the county or borough by the publication of a notice showing the boundaries of all polling districts and the situation of all polling places constituted as a result of such exercise of the powers aforesaid.

(4)The Minister for Local Government shall immediately after the passing of this Act make rules for the exercise by the councils aforesaid of the powers of division and appointment aforesaid and every council in which such powers are vested shall within six weeks after the making of such rules exercise the powers aforesaid by dividing the administrative county or county borough as the case may be into such polling districts as aforesaid and appointing such polling places as aforesaid, and if any council does not make any such division and appointment as aforesaid within such six weeks, or if any such division or appointment made by any such council within such six weeks is not confirmed with or without modification by the Minister for Local Government within two weeks after the same is made the Minister aforesaid may himself make such division into polling districts and appointment of polling places in respect of such administrative county or county borough as he shall think fit.

(5)If the council of any urban or rural district wholly or partly situate in any administrative county, or not less than thirty electors in any administrative county or county borough, make a representation to the Minister for Local Government that the polling districts or polling places do not meet the reasonable requirements of the electors or any body of electors in that county or county borough the Minister for Local Government shall consider the representation, and may, if he thinks fit, direct the council whose duty it is to divide that county or borough into polling districts to make such alterations as the Minister shall think necessary in the circumstances, and if the council fail to make those alterations within a month after the direction is given may himself make the alterations, and any alterations so made shall have effect as if they had been made by the council.

(6)The Minister for Local Government may cause a local inquiry to be held as respects any question arising in connection with the provisions of this section, and the law for the time being in force in relation to the holding of inquiries by such Minister shall apply to an inquiry under this sub-section.

(7)An election shall not be questioned by reason of any non-compliance with the provisions of this section or any informality relative to polling districts or polling places. PART IV. Elections to Seanad Eireann. Conduct of Seanad Elections. 43.—

(1)Saorstát Eireann shall for the purpose of a Seanad election be deemed to be divided into the same constituencies (including University constituencies) as those into which it is for the time being divided for the purpose of a general election.

(2)Each elector at a Seanad election shall record his vote in the constituency in which he would be entitled to vote at a general election.

(3)Subject to the express provisions of this Part of this Act and of the Rules contained in Part I . of the Sixth Schedule to this Act every Seanad election shall be conducted in each constituency by the same persons and in the same manner as a poll in that constituency would be conducted under this Act at a general election, and accordingly Part III of this Act, so far as the same relates to the taking of a poll at a general election and is not inconsistent with the express provisions aforesaid shall, together with the Rules and forms contained in the Sixth Schedule to this Act, apply to and regulate the conduct of Seanad elections. Seanad Returning Officer. 44.—

(1)For the purpose of a Seanad election there shall be a Seanad Returning Officer who shall be appointed for each Seanad election by the Minister for Local Government at least one month before the date of the election.

(2)It shall be the duty of the Seanad Returning Officer to count the votes at the Seanad election (save so far as same is directed by the rules contained in the Sixth Schedule to this Act to be done by the Returning Officer in each constituency) and to ascertain and announce the result of the election, and report such result to the Clerk of the Seanad and to do such other matters and things as in the rules aforesaid are directed to be done by the Seanad Returning Officer. Payment of Seanad Returning Officer's expenses. 45.—

(1)The Seanad Returning Officer at any Seanad election shall be entitled to his reasonable charges not exceeding the sums specified in the scale of maximum charges framed under this section in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the election.

(2)The amount of any such charges shall be paid by the Minister, out of the fund and in the manner by, out of, and in which the expenses of returning officers in constituencies are payable under this Act, and all the provisions of this Act relating to the payment of returning officers' expenses shall apply to the charges and expenses of the Seanad Returning Officer. Days for Seanad Elections. 46.—

(1)Each Seanad election shall be held on one day only, and such day shall be the same throughout Saorstát Eireann.

(2)The Minister for Local Government shall within one week after the panel of candidates for a Seanad election has been formed pursuant to Article 33 of the Constitution of Saorstát Eireann appoint by proclamation the day on which such Seanad election is to take place, and the day so appointed shall be not less than seven days after the day of such proclamation and not more than one month after the formation of the panel. PART V. Referendum. Persons entitled to vote. 47.—Every person whose name appears on the register of electors for the time being in force as a person entitled to vote at a Dáil election shall be entitled to vote at a Referendum, but no person shall be entitled to vote twice at the same Referendum. Conduct of a Referendum. 48.—

(1)Saorstát Eireann shall for the purpose of the taking of a Referendum be deemed to be divided into the same constituencies (including University constituencies) as those into which it is for the time being divided for the purpose of Dáil elections, and each voter at a Referendum shall record his vote in the constituency in which he would be entitled to vote at a Dáil election.

(2)Subject to the express provisions of this Part of this Act and of the Rules contained in Part I. of the Seventh Schedule to this Act, every Referendum shall be conducted in each constituency by the same persons and in the same manner as a poll in that constituency would be conducted under this Act at a Dáil election, and accordingly Part III of this Act so far as the same relates to the taking of a poll at such Dáil election as aforesaid and is not inconsistent with the express provisions aforesaid shall, together with the Rules and forms contained in the Seventh Schedule to this Act, apply to a Referendum.

(3)When the Clerk of the Dáil shall have received from the several returning officers the results of the voting in all the constituencies he shall tabulate such results and ascertain therefrom the result of the voting on that Referendum, and shall communicate such result to the Oireachtas in such manner as shall from time to time be directed by the Dáil and shall publish same in the Iris Oifigiúil. Day for taking a Referendum. 49.—

(1)The taking of each Referendum shall be held on one day only, which day shall be the same throughout Saorstát Eireann.

(2)The Minister for Local Government shall within six weeks after a Referendum has been demanded under Article 47 of the Constitution of Saorstát Eireann appoint by proclamation the day on which such Referendum is to be taken, and the day so appointed shall be not less than seven nor more than twenty-one days after the date of such proclamation, provided that the Minister may, with the assent of both Houses of the Oireachtas, postpone the date of such Referendum for a period not exceeding nine months.

(3)For the purposes of this section a Referendum shall be deemed to be demanded on the day on which the resolution demanding same is passed by the Seanad or the day on which the petition demanding the Referendum is presented to the Oireachtas as the case may be. PART VI. Dáil Constituencies. Dáil Constituencies. 50.—

(1)The Dáil shall consist of 153 members, who shall be returned by the constituencies named in the first column in the Eighth Schedule to this Act.

(2)Each of the areas named in the second column in the First Part of the said Eighth Schedule shall be a borough constituency, and each of the counties or groups or portions of counties or counties and boroughs named in the second column in the Second Part of the said Eighth Schedule shall be a county constituency, and each of the Universities named in the first column in the Third Part of the said Eighth Schedule shall be a University constituency.

(3)Each of the constituencies named in the first column in the said Eighth Schedule shall return the number of members stated in the third column, or in the case of Part III., the second column in the said Eighth Schedule opposite the name of the constituency. Disqualification for membership of the Dáil. 51.—

(1)Every citizen of Saorstát Eireann without distinction of sex who is of full age and is not subject to any of the disqualifications mentioned in this section shall be eligible to be elected and (subject to taking the oath prescribed by the Constitution of Saorstát Eireann) to sit as a member of the Dáil.

(2)Each of the following persons shall be disqualified from being elected or sitting as a member of the Dáil, that is to say:— (

a)a person who is undergoing a sentence of imprisonment with hard labour for any period exceeding six months or of penal servitude for any term imposed by a court of competent jurisdiction in Saorstát Eireann; (
b)an imbecile and any person of unsound mind; (
c)an undischarged bankrupt under an adjudication by a court of competent jurisdiction in Saorstát Eireann; (
d)a person who is by the law for the time being in force in Saorstát Eireann in relation to corrupt practices and other offences at elections incapacitated from being a member of the Dáil by reason of his having been found guilty by a court of competent jurisdiction in Saorstát Eireann of some such practice or offence: Provided always that the disqualification effected by this sub-section on account of a sentence of imprisonment or penal servitude shall not, in the case of a person who is a member of the Dáil at the date of such disqualification, take effect until the expiration of thirty days from the date of the sentence, or in the event of an appeal, from the date of the order confirming such sentence.

(3)A person shall be incapable of being elected or sitting as a member of Dáil Eireann who is (

a)a member of the defence force of Saorstát Eireann on full pay; (
b)a member of any police force in Saorstát Eireann on full pay; (
c)a person either temporarily or permanently in the Civil Service of Saorstát Eireann unless he is by the terms of his employment expressly permitted to be a member of Dáil Eireann.

(4)If any person who has been duly elected a member of the Dáil should, while he is so a member, become subject to any of the disqualifications mentioned in this section he shall thereupon cease to be a member of the Dáil.

(5)This Section shall not come into force until immediately after the dissolution of the present Dáil. Resignation of membership of the Dáil. 52.—Any member of the Dáil may voluntarily resign his membership thereof by notice in writing to the Ceann Comhairle of the Dáil, and such resignation shall take effect immediately upon the same being announced to the Dáil by the Ceann Comhairle. Filling vacancies in the Dáil. 53.—In the case of the death, resignation or disqualification of a member of the Dáil the vacancy thereby occasioned in the Dáil shall be filled by the return of a member in the place of such deceased, resigned, or disqualified member by the electors of the constituency for which the deceased, resigned, or disqualified member had been a member. Issue of Writs. 54.—

(1)If and whenever the Oireachtas shall be dissolved the Clerk of the Dáil shall immediately upon the issue of the Proclamation summoning a new Oireachtas issue his writ to the returning officer in each constituency named in the Eighth Schedule to this Act directing such returning officer to cause an election to be held of the full number of members of the Dáil to serve in such new Oireachtas for the constituency for which he is returning officer.

(2)If and whenever any vacancy shall occur in the membership of the Dáil by death, resignation or disqualification of a member the Ceann Comhairle of the Dáil shall as soon as he is directed by the Dáil so to do, direct the Clerk of the Dáil to issue his writ for the election of a member to fill such vacancy, and upon such direction the Clerk of the Dáil shall issue his writ to the returning officer of the constituency in the representation of which the vacancy has occurred directing such returning officer to cause an election to be held of a member of the Dáil to serve in place of the member so dead, resigned or disqualified.

(3)If at any time there shall be more than one vacancy in the representation of any constituency in the Dáil and the Clerk of the Dáil shall be directed at the one time to issue his writs for the election of members to fill all or more than one of such vacancies the Clerk of the Dáil shall issue only one writ to the returning officer of that constituency and shall by such writ direct him to hold one election to fill all the vacancies mentioned in such writ in the representation of that constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in such writ.

(4)All writs issued by the Clerk of the Dáil under this section shall be in one or other of the forms contained in Part III. of the Fifth Schedule to this Act. Persons returned for two or more constituencies. 55.—

(1)If at a general election any person is returned as a member of the Dáil for two or more constituencies, such person shall, by writing under his hand delivered to the Clerk of the Dáil before taking his seat for any one of such constituencies declare which one of those constituencies he elects to represent in the Dáil, and if he does not so deliver to the Clerk of the Dáil, such declaration in writing within one month after the first day on which the Dáil sits next after such general election he shall be deemed to have elected to represent the constituency in which he received the greatest number of first preferences.

(2)So soon as a person so returned for two or more constituencies elects or is under the foregoing Sub-Section deemed to have elected which of such constituencies he will represent, he shall be deemed to have resigned his seat or seats in each of the other constituencies for which he shall have been so returned. Candidates at bye-elections. 56.—No member of the Dáil shall, while holding his seat, be eligible to be a candidate at a bye-election to the Dáil. PART VII. Membership of Seanad Eireann. Disqualification for membership of the Seanad. 57.—

(1)Every citizen of Saorstát Eireann without distinction of sex who is of the age of 35 years or upwards and is not subject to any of the disqualifications mentioned in this section shall be eligible to be elected and (subject to taking the oath prescribed by the Constitution of Saorstát Eireann) to sit as a member of the Seanad.

(2)Each of the following persons shall be disqualified from being elected or sitting as a member of the Seanad, that is to say:— (

a)a person who is undergoing a sentence of imprisonment with hard labour for any period exceeding six months, or of penal servitude for any term imposed by a court of competent jurisdiction in Saorstát Eireann; (
b)an imbecile and any person of unsound mind; (
c)an undischarged bankrupt under an adjudication by a court of competent jurisdiction in Saorstát Eireann; (
d)a person who is by the law for the time being in force in Saorstát Eireann in relation to corrupt practices and other offences at elections incapacitated from being a member of the Seanad by reason of his having been found guilty by a court of competent jurisdiction in Saorstát Eireann of some such practice or offence: Provided always that the disqualification effected by this Sub-Section on account of a sentence of imprisonment or penal servitude shall not, in the case of a person who is a member of the Seanad at the date of such disqualification take effect until the expiration of thirty days from the date of the sentence, or in the event of an appeal, from the date of the order confirming such sentence.

(3)A person shall be incapable of being elected or sitting as a member of Seanad Eireann who is (

a)member of the defence force of Saorstát Eireann on full pay; (
b)a member of any police force in Saorstát Eireann on full pay; (
c)a person either temporarily or permanently in the Civil Service of Saorstát Eireann unless he is by the terms of his employment expressly permitted to be a member of Seanad Eireann.

(4)If any person who has been duly elected a member of the Seanad should while he is so a member become subject to any of the disqualifications mentioned in this section he shall thereupon cease to be a member of the Seanad. PART VIII. General. Adaptation of Acts. 58.—The Dáil franchises enacted by this Αct shall take the place of all Parliamentary franchises existing at the time of the passing of this Act; and the provisions set out in the Ninth Schedule to this Act with respect to the adaptation of Acts shall have effect for the purpose of adapting the law to the provisions of this Act. Application of enactments relating to bribery, etc. 59.—All the provisions relating to bribery, personation or corrupt practices at elections or to election petitions (other than Local Government elections or Local Government election petitions) which are contained in any statute and were in force on the 23rd day of December, 1920, and have not been repealed by this Act shall apply to Dáil elections, Seanad elections and Referenda held under this Act, and for that purpose all references in such provisions to— (a) elections shall be construed as referring to Dáil elections, Seanad elections and Referenda held under this Act; (b) constituencies shall be construed as referring to the constituencies established by this Act; (c) returning and other officers, persons, ballot papers and other matters and things shall be construed as referring to the corresponding officers, persons, papers, matters and things acting, used, or done under this Act. Computation of time. 60.—

(1)Where any period of time not exceeding ten days is limited or appointed by or under this Act as the time before or after which any act or thing is to be done or not done Sundays, Christmas Day, Good Friday, Bank Holidays and days declared by statute or proclamation to be public holidays shall not be reckoned in counting such period of time.

(2)Where any period of time exceeding ten days is limited or appointed by or under this Act as the time before or after which any act or thing is to be done or not done Sundays, Christmas Day, Good Friday, Bank Holidays and days declared by statute or proclamation to be public holidays shall be reckoned in computing such period of time.

(3)Where the time limited or allowed by or under this Act for doing any act or thing expires on a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared by statute or proclamation to be a public holiday such act or thing shall be deemed to be duly done if it is done on the first day after the expiration of such time which is not a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared as aforesaid to be a public holiday. Confirmation of Franchise Resolutions. 61.—

(1)The Franchise Resolutions adopted by the Provisional Parliament on the 19th day of September, 1922, are hereby confirmed.

(2)All acts, matters and things done under or in pursuance of the said Franchise Resolutions shall be deemed to have been done under this Act, and accordingly this Act shall be retrospective so far as is necessary to give validity and statutory authority to the acts, matters and things aforesaid.

(3)The register now in course of preparation under the said Franchise Resolutions shall be the first register prepared under this Act, and the expression “the First Register prepared under this Act” shall where used in this Act be interpreted accordingly.

(4)The first Register prepared under this Act shall be completed in accordance with the said Franchise Resolutions, save that the following provisions of this Act shall apply to such first Register, that is to say, the provisions relating to:— (

a)The registration of and voting by members of the Defence Force of Saorstát Eireann. (
b)The non-registration of and non-voting by members of any Police Force. (
c)Voting by post.

(5)The provisions of this Act and the Schedule hereto regarding the registration of Seanad electors shall not apply to the first register prepared under this Act. Difficulty and Emergency Orders. 62.—

(1)If any difficulty shall arise in the preparation of the first register under the preceding section and the Franchise Resolutions mentioned therein or in the holding of the first elections after the commencement of this Act, the Minister for Local Government may by Order do any matter or thing which appears to him necessary for the proper preparation of such register or the proper holding of such elections.

(2)If any difficulty shall arise in the preparation of any register under this Act after the first register or in the holding of any election under this Act after the first elections and the Minister for Local Government is of opinion that such difficulty is an emergency requiring to be removed immediately, the Minister aforesaid may by Order do any matter or thing which appears to him to be necessary to be done immediately to enable the register or election in respect of which such difficulty has arisen to be properly prepared or held. Officers liable to action for breach of duty. 63.—

(1)Where any registration officer, returning officer, clerk, or other person having duties in connection with the registration of electors or the conduct of any election refuses, neglects, or fails without reasonable cause to perform his duties in that behalf, a person aggrieved by such refusal, neglect, or failure shall be entitled to recover by action at law from such person such sum not exceeding one hundred pounds by way of damages as the Court by which such action shall be tried shall consider just.

(2)Every registration officer, returning officer, presiding officer, clerk or other person having duties in connection with the registration of electors, or the conduct of any election, who is guilty of any wilful or grossly negligent misfeasance or any wilful or grossly negligent act or omission in contravention of this Act shall, in addition to any other liability to which he may be subject, be liable on prosecution by the Minister for Local Government in a Court of Summary Jurisdiction to forfeit to Saorstát Eireann such penal sum not exceeding £100, as the Court before whom such prosecution shall come shall consider just. Rules, Regulations, Scales of Expenses, &c., to be laid before each House of the Oireachtas. 64.—

(1)All rules, regulations, scales of expenses or provisions made or framed by the Minister for Finance or by the Minister for Local Government in pursuance of the powers conferred by Sections 11

(2), 12 , 14 and 25 of this Act, shall be laid before each House of the Oireachtas forthwith; and unless and until a resolution annulling such rule, regulation, scale of expenses or provision is passed by each House of the Oireachtas within the next subsequent twenty-one days in which either of such Houses has met, such rule, regulation, scale of expenses or provision shall have effect as if enacted in this Act, provided that annulment of any such rule, regulation, scale of expenses or provision shall not prejudice or invalidate anything done thereby or thereunder prior to such annulment.

(2)Any such rule, regulation, scale of expenses or provision may be revoked or varied as occasion requires. Definitions. 65.—In this Act and the Schedules thereto unless the context otherwise requires— The word “Dáil” shall mean Dáil Eireann; The word “Seanad” shall mean Seanad Eireann; The expression “Dáil Election” shall mean an election of a member or members to serve in the Dáil and shall include a bye-election as well as a general election; The expression “Dáil Elector” shall mean a person entitled to vote at a Dáil election; The expression “General Election” shall mean an election of members to serve in the Dáil of a new Oireachtas; The expression “Bye-Election” shall mean an election of a member of the Dáil to fill a vacancy occasioned by the death, resignation or disqualification of a member of the Dáil; The expression “Seanad Election” shall mean an election of Senators to serve in the Seanad; The expression “Seanad Elector” shall mean a person entitled to vote at a Seanad election; The word “Election” when used without qualification shall include Dáil election, Seanad election and Referendum; The expression “dwellinghouse” shall include any part of a house where that part is occupied separately as a dwellinghouse; The expression “prescribed” shall mean prescribed by Order made by the Minister for Local Government. Repeals. 66.—

(1)The enactments mentioned in the Tenth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2)All references in any existing statute, order, regulation or rule to any of the Acts wholly or partially repealed by this Act shall be deemed to be references to this Act, but in the case of Acts partially repealed by this Act only in so far as such references relate to the portion of such Act so repealed. Short Title. 67.—This Act may be cited as “The Electoral Act, 1923.” SCHEDULES. FIRST SCHEDULE. Registration Rules. Separate part of register for each registration unit. 1. The register shall be framed in separate parts for each registration unit in the registration area. The district electoral division as constituted under the Local Government (Ireland) Act, 1898 , shall be the registration unit, but:— (

a)where a district electoral division is divided into wards each such ward shall be treated as a separate registration unit; and (
b)where a district electoral division is situate; partly in one Dáil polling district, and partly in another, or partly within and partly without any town (within the meaning of the Local Government (Ireland) Act, 1898 ), or ward of a borough or town, each part shall be treated as a separate registration unit. General form of the Register. 2. The register shall, as respects each registration unit, contain the names of all persons who are entitled to be registered as Dáil electors or Seanad electors in that registration area, and shall show in the prescribed manner the class or classes of elector to which each such person belongs and shall generally be in such form as shall from time to time be prescribed. Postal voters list. 3. The registration officer shall prepare and add as a supplement to the register a separate list for the whole registration area, or, where the area includes more than one constituency, for each constituency in the area, of persons entitled to vote as postal voters (in this Act referred to as the postal voters list) without, however, removing the names of those voters from any other part of the register. Every such list shall be made up according to polling districts. Register to be made up in street or alphabetical order. 4. Where the registration unit is situated in a county borough, the names in the register shall be arranged in street order, unless the council of the county borough consider that having regard to the general character of the area forming the registration unit, arrangement in street order is inapplicable. Where the registration unit is situated in an administrative county, the names in the register shall be arranged alphabetically in townland order, unless the county council consider that, having regard to the general character of the area forming the registration unit, arrangement in street order is possible and convenient. Effect of register. 5. The registers for the registration units making up any constituency, so far as they relate to Dáil electors, shall together form the register of Dáil electors for that constituency, and so far as they relate to Seanad electors, shall together form the register of Seanad electors for that constituency. Duty of Registration Officer to Prepare and Publish Lists. Duty of registration officer to prepare electors lists. 6. It shall be the duty of the registration officer to cause a house to house or other sufficient inquiry to be made, and to prepare or cause to be prepared, lists (in this Schedule referred to as electors lists) for each registration unit in his registration area of all persons appearing to be entitled to be registered as Dáil or Seanad electors in the register or electors by this Act directed to be prepared in every year, and to publish or cause to be published those lists in the prescribed form, on or before the 29th day of January. The registration officer shall at the same time publish a notice specifying the mode in which, and the time within which, claims and objections are to be made under these rules. Duty of certain officers to perform duties and furnish information if required. 7. It shall be an obligation on the registration officer to require the persons or person respectively holding the offices hereinafter mentioned to perform any necessary duties in respect of registration, and the duties which may be so required to be performed shall include the duties hereinafter specified in respect of such persons or person—viz.:— (
a)any person holding the office of collector of poor rate may be required to make the house to house or other sufficient inquiry directed by these rules, and to furnish sufficient information to enable the electors lists to be prepared, and to furnish any further information required for the purposes of this Act respecting any persons resident or occupying land or premises in, or the removal of any person from the district of such collector, and to publish on behalf of the registration officer at such places as may be required, any lists or registers by this Act directed to be published, and to attend at the revision of claims and objections under these rules at such places and times as may be ordered by the registration officer. (
b)Any person holding the office of secretary of a County Council, Town Clerk of a County or other Borough, or Clerk of an Urban District Council may be required to prepare from the information furnished by the collectors of poor rate and otherwise and to furnish to the registration officer draft electors lists, and to attend and furnish such information as may be required at the revision of claims and objections under these rules at such times and places as may be ordered by the registration officer. (
c)Any person for the time being exercising the functions of a Superintendent Registrar of Births and Deaths may be required to furnish lists or other information in connection with deaths of persons within his area. (
d)It shall be the duty of the persons specified in sub-sections (a), (
b)and (
c)of this rule to perform any duties which may be required of them respectively under this rule, and if any such person refuses, neglects or fails, without reasonable cause, to perform any such duty in connection with registration he shall be liable on summary conviction to a fine not exceeding one hundred pounds. (
e)Any question which may arise as to what duties or duty any such person as aforesaid may be required to perform under this rule shall be determined by the Minister for Local Government whose decision shall be final. (
f)Each of the several persons mentioned in this rule shall be entitled to payment for all services performed and expenses incurred by him in the execution by him of all or any duties or duty, which he may be required to perform under this rule, and any sum so paid shall be treated for the purposes of this Act as part of the registration expenses of the registration officer on whose requisition the services were performed, or the expenses were incurred. Corrupt and illegal practices list. 8. The registration officer shall publish, together with the electors lists, the corrupt and illegal practices' list (if any) made by him under section thirty-nine of the Corrupt and Illegal Practices Prevention Act, 1883, or made by or sent to him under section twenty-four of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. Claims to be Registered. Claims to be sent to registration officer. 9. Any person who claims to be entitled to be registered as a Dáil or Seanad elector, and who is not entered, or is entered in an incorrect place or manner, or with incorrect particulars on the electors lists, may claim to be registered, or to be registered correctly, by sending to the registration officer a claim in the prescribed form not later than the 26th day of February. Form of claim. 10. The form of claim for a person making a claim on his own behalf shall contain a; declaration of the qualification of the claimant to be registered, including a declaration that the claimant has attained the required age, and is a citizen of Saorstát Eireann, and of the class or classes of electors in which the claimant desires to be registered—that is to say, as a Dáil elector or a Seanad elector, and where the claimant claims in respect of a non-residential qualification a declaration of residence or, in case such person has no settled residence, an address to which communications may be sent, and a statement that the name of the claimant is not included in the electors lists as appearing to be entitled to be registered for that or for any other constituency in Saorstát Eireann. A note shall be added to the form warning the claimant that any false declaration for the purpose of this provision will involve a penalty. Where a claim is made, on behalf of a claimant by another person the registration officer shall not enter the name of the claimant on the register unless the matters required to be stated in the declaration under the foregoing provision are proved to his satisfaction. Publication of lists of claimants. 11. It shall be the duty of the registration officer to prepare and publish a list of claimants in the prescribed form not later than the 12th day of March. Objections. Notice of objections. 12. Any person whose name appears on the electors lists as appearing to be entitled to be registered for a constituency, may object to the registration of any person whose name is included in the electors lists for that constituency, by sending notice of objection in the prescribed form to the registration officer not later than the 19th day of February, and may object to the registration of any person whose name is included in the list of claimants by sending notice of objection in the prescribed form to the registration officer not later than the 26th day of March. An objection under this rule shall not be entertained unless within the time limited for sending the notice of objection, a copy of the notice of objection sent to the registration officer is sent by the person objecting to the person whose registration is objected to in such objection. Such copy of the notice of objection may be sent by prepaid and registered post to the address of the person objected to as appearing on the lists or to his last known place of abode. Publication of objections to lists. 13. It shall be the duty of the registration officer to prepare and publish a list of names of persons to whose registration notice of objection has been given not later than the 5th day of March. Publication of objections to claims. 14. It shall be the duty of the registration officer to publish a list of the names of persons included in the list of claimants to whose registration notice of objection has been given as soon as practicable after the 26th day of March. Power of registration officer to appoint Town Clerk as his deputy. 15. The Clerk of the Crown and Peace for a County Borough shall, as respects any County Borough for which he is registration officer, appoint the Town Clerk of the County Borough to act as his deputy for the purposes of Rules 9 to 14, and for the purpose of publishing the lists and notices to be published under Rules 6 and 8 of this Schedule if the Town Clerk so desires, and any Town Clerk so appointed shall, for the purposes aforesaid, have the like powers and duties, and be subject to the like liabilities as if he were registration officer. Postal Voters List. Postal Voters list. 16. The names in the Postal Voters List shall be arranged in the same order as that in which those names appear in the register, and shall be numbered consecutively throughout the constituency, commencing with the number one. Any member of the defence forces of Saorstát Eireann may, not later than the 26th day of February, give notice to the registration officer that he does not desire to have his name entered on the Postal Voters List. Record of addresses to be kept. 17. The registration officer shall keep a record of any address which may be furnished to him by or in respect of any person placed on the Postal Voters List as the address which is to be for the time being the address of the voter for the purposes of the provisions relating to voting by postal voters, and, as soon as practicable, shall cause instructions to be sent to the voter as to the mode of voting under those provisions. The record of addresses shall be open to inspection under the same conditions as those that govern inspection of the register. Preparation of Register from the Lists. Consideration of objections. 18. The registration officer shall, as soon as practicable, consider all objections of which notice has been given to him in accordance with these rules, and for that purpose shall give at least five clear days notice to the objector, and to the person in respect of whose registration the notice of objection has been given, of the time and place at which the objection will be considered by him. Consideration of claims. 19. The registration officer shall also consider all claims of which notice is given to him in accordance with these rules, and in respect of which no notice of objection is given, and, if he considers that the claim may be allowed without further inquiry shall give notice to the claimant that the claim is allowed. If the registration officer is not satisfied that any such claim can be allowed without inquiry, he shall give at least five clear days notice to the claimant of the time and place at which the claim will be considered by him. Supplementary powers on consideration of claims and objections. 20. If on the consideration of any claim or objection it appears to the registration officer that the claimant or person in respect of whose registration objection is taken, is not entitled to be entered on the register in the character or characters, or in the place on the register in which he claims to be registered, or in which he is entered on the list, but is entitled to be entered on the register in another character or characters, or in another place on the register, the registration officer may decide that the name of that person shall be so entered on the register. Inquiries by Registration officer. 21. The registration officer may make such further inquiries as he may deem necessary as to the right to be registered in any character of any person whose name is included in the electors lists as appearing to be entitled to be registered, and if after such inquiry it shall appear to the registration officer that such person is not so entitled, the registration officer may himself object to the registration of such person, and any such objection may be made notwithstanding the fact that the time for sending notice of objection under Rule 12 of this Schedule may have expired. Notice of any objection under this rule in the prescribed form shall be sent by the registration officer to the person to whose registration the objection relates, and shall state the grounds of the objection. Any such objection shall be considered in the same manner, and after the same notice of time and place as is required by Rule 18 of this Schedule, but need not be otherwise published. Correction of lists. 22. The registration officer shall make such alterations and corrections in the electors lists (including the Postal Voters List) as are required in order to carry out his decisions on any objections or claims, and shall also make any such alterations or corrections in those lists by way of the removal of duplicate entries (subject to any expression of choice by the person affected as to those entries), the expunging of the names of persons who are dead or subject to any legal incapacity, or the placing of marks or the correction of marks placed against the name of an elector, or otherwise as he thinks necessary in order to secure that no person is registered more than once as a Dáil elector, or more than once as a Seanad elector, or otherwise necessary in order to make those lists complete and accurate as a register. Where an entry in respect of a person has been removed as a duplicate, the registration officer shall not be required to include in subsequent electors lists any entry which has been so removed if the elector remains qualified for registration in respect of the qualification which was retained when the duplicate entry was removed. Voting in different districts. 23. Any person whose name shall appear in the list of Dáil electors or the list of Seanad electors of any registration unit in any county constituency, and who resides outside the polling district in which he is entitled to be registered, shall be at liberty to make his claim before the registration officer to vote at any other polling place within the same constituency. The registration officer need not consider any claim under this rule received after the 26th day of March. Any such person shall be admitted to vote at such polling place accordingly. There shall be added as a supplement to that portion of the register which relates to any polling district a list, giving with respect to persons who, though not resident in that polling district, are entitled to vote at a polling place for that district under this rule, the same particulars as are contained with respect to those persons in the register, including a reference to the polling district where any such person is registered: Provided that the names shall be numbered consecutively after the other names in the register for such first-mentioned polling district. Objections to corrections. 24. Where the registration officer makes any correction in the lists (including the Postal Voters List), otherwise than in pursuance of a claim or objection, or for the purposes of correcting a clerical error, he shall give notice to the person affected by the correction, and give that person an opportunity of objecting to the correction, and, if necessary, of being heard with respect thereto. Formation of lists into register. 25. The registration officer shall make all the necessary alterations in, and corrections of, the lists (including the Postal Voters List) and do everything necessary to form those lists into a register (with a separate letter and a separate series of numbers for each polling district) in time to allow the publication of the lists so corrected as a register as required by these rules. Duty to Publish and Deliver Copies of the Register. Publication of register. 26. It shall be the duty of the registration officer to publish the register not later than the 1st day of June in each year, by publishing a notice that a copy of the register is open to inspection at his office, and that copies of the part of the register relating to any registration unit are open to inspection during business hours in the registration unit at the place mentioned in the notice. It shall be the duty of the registration officer to keep copies of the register for inspection in his office, and also to arrange for copies of the part of the register relating to any registration unit being kept for inspection in that unit either in the principal post office (if the Postmaster-General gives authority for the purpose), or at some other convenient place to which the public have access to be arranged by him. It shall be the duty of the registration officer to transmit a copy of the register, as soon as may be after it is published, to the Minister for Local Government, and also to transmit a summary of the contents of the register at such times and in such form, and giving such particulars as the said Minister may require. Delivery of copies of the register. 27. It shall be the duty of the registration officer, on the application of any person during business hours, and on payment of the prescribed fee, to furnish to the applicant copies of the register, or of so much of the register as relates to any registration unit. Appeals from Registration Officer. Notice of appeal from registration officer. 28. A person desiring to appeal against the decision of a registration officer must give notice of appeal in the prescribed form to the registration officer, and to the opposite party, if any, when the decision is given, or within five days thereafter, specifying the grounds of appeal. The registration officer shall forward any such notices to the County Court in manner directed by rules of court, together, in each case, with a statement of the material facts which, in his opinion, have been established in the case, and of his decision upon the whole case and on any point which may be specified as a ground of appeal, and shall also furnish to the court any further information which the court may require, and which he is able to furnish. Appeals relating to the same point. 29. Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the County Court of the fact for the purpose of enabling the County Court (if the court thinks fit) to consolidate the appeals, or select any one appeal as a test case. General. Publication of documents. 30. Where the registration officer by these rules is required to publish any document, and no specific provision is made as to the mode of publication, he shall publish the document by making copies of the document available for inspection by the public in his office, and in the chief post office (if the Postmaster-General gives authority for the purpose), or some other convenient place in the area forming the registration unit to which the document relates, and, if he thinks fit, in any other manner which is, in his opinion, desirable for the purpose of bringing the contents of the document to the notice of those interested. As respects any registration unit in which there is no post office or other convenient place at which copies of documents relating to the unit can be made available for inspection, it shall be sufficient compliance with the requirements of these rules if copies of the document are made available for inspection by the public at some convenient place to which the public have access outside the registration unit. Any document required to be published shall be kept published for the prescribed time. Any failure to publish a document in accordance with these rules shall not invalidate the document, but this provision shall not relieve the registration officer from any penalty for such failure. If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties, or any document or copy of a, document which has been made available for inspection in pursuance of these rules, he shall be liable on summary conviction to a fine not exceeding five pounds. Duty of registration officer to supply forms. 31. The registration officer shall, without fee, on the application of any person, supply forms of claims and of notices of objections. Supply of copies of claims, objections etc. 32. The registration officer shall on the application of any person, allow that person to inspect, and take extracts from, or on payment of the prescribed fee, supply to that person copies of the electors lists for any registration unit in his area, and any claim or notice of objection made under these rules. Mode of sending notices, etc. 33. Any claim or notice of objection which is under these rules to be sent to the registration officer may be sent to him by prepaid post addressed to him at his office. Any notice which is required to be sent by the registration officer under these rules to any person shall be sufficiently sent if sent by post to the address of that person as given by him for the purpose, or as appearing on the lists, or if there is no such address to his last, known place of abode. Information from householders. 34. The registration officer may require any householder or any person owning or occupying any land or premises within his area, or the agent of such person, to give, in the prescribed form, any information in his possession which the registration officer may require for the purpose of his duties as registration officer; and if any person fails to give the required information, or gives false information, he shall be liable, on summary conviction, to a fine not exceeding twenty pounds. Any notice requiring information under this rule may be sent by post. Declaration as to age and nationality. 35. The registration officer, before registering any person as an elector, may, if he thinks it necessary— (
a)require that person either to produce a certificate of birth, or, if that is not practicable or convenient, to make a statutory declaration that such person has attained the required age, and (
b)require that person to produce a certificate of naturalisation or to make a statutory declaration that he is a citizen of Saorstát Eireann. Where a declaration is so required, any fee payable in connection therewith shall be paid by the registration officer as part of his registration expenses, and the declaration shall be exempt from stamp duty. The registration officer shall during business hours allow any person to inspect and take a copy of any such declaration. Power to obtain a certificate of birth at reduced fee. 36. Where, for the purpose of the provisions of this Act, any person requires a certificate of birth, that person shall, on presenting a written requisition in the prescribed form, and containing the prescribed particulars, and on payment of a fee of sixpence, be entitled to obtain a certified copy of any entry of the birth of that person in the register of births, under the hand of the registrar or the superintendent registrar having the custody thereof, and forms of requisition for the purpose shall, on application, be supplied without charge by every registrar of births and deaths, and by every superintendent registrar. Hearing of claims and objections. 37. On the consideration of any claim or objection or other matter by the registration officer, any person appearing to the registration officer to be interested may appear and be heard either in person or by any other person, other than counsel, on his behalf. Power to require evidence on oath. 38. The registration officer may at the request of any person interested, or, if he thinks fit, without such request, on the consideration of any claim or objection or other matter require that the evidence tendered by any person should be given on oath and may administer an oath for the purpose. Provisions as to misnomer or inaccurate description. 39. No misnomer or inaccurate description of any person or place on any list or on the register, or in any notice shall prejudice the operation of this Act or these rules as respects that person or place provided that the person or place is so designated as to be commonly understood. Special Provision in respect of the First Register. 40. The several dates prescribed by these rules as the dates before, at or after which the several acts, matters and things required by these rules to be done or not done by the registration officer, or any other person are respectively to be done or not done shall not apply to the first register prepared under this Act, or to the several acts, matters and things to be done or not done in the preparation thereof, and in lieu of such dates the Minister for Local Government shall by order appoint the respective dates before, at, or after which the several acts matters and things aforesaid shall respectively be done or not done in respect of the first register prepared under this Act and of the preparation of that register. SECOND SCHEDULE. Registration Rules for University Constituencies. Contents of Register. 1. The register for each University Constituency shall contain the names of all persons who are entitled to be registered as Dáil or Seanad electors in that constituency and shall distinguish the persons who are entitled to be registered as Dáil electors only from those persons who are entitled to be registered as both Dáil and Seanad electors, and such register shall record the addresses of every person whose name is entered thereon. Forms of Claim to be sent out. 2.

(1)For the purposes of the preparation of the first register prepared under this Act the registration officer shall send the prescribed form of claim to each person who appears to him to be entitled to have his name entered on that register.

(2)For the purposes of the preparation of each register after the first register prepared under this Act the registration officer shall send the prescribed form of claim to each person who appears to him to be entitled to have his name entered on that register other than and except: (

a)any person whose name is entered on the register then in force, and is shown to the satisfaction of the registration officer to be ordinarily resident and occupying business premises (if any) at the addresses recorded by such person with the registration officer; and (
b)any person who has elected not to be registered in that constituency.

(3)It shall be the duty of the registration officer to record any change of address communicated to him by any elector whose name appears on the register for the time being in force.

(4)The principal Postmaster in each constituency, other than a University constituency, shall, at the request of the registration officer of a University constituency, ascertain and state to such registration officer whether any elector whose name appears on the register for that University constituency in force on the 15th day of November, is on that day ordinarily resident and occupying business premises (if any) at the addresses recorded by such elector with the registration officer. The statement of a principal Postmaster under this rule shall be prima facie evidence of the matters stated therein but the Postmaster shall not be liable to any person for or on account of any inaccuracy in such statement. Contents of Form of Claim. 3 The prescribed form of claim to be sent under the preceding rule shall be such as to enable the person filling up same to state therein (a) such particulars including date of birth as show that such person is qualified to be an elector in that University; (b) the address where such person was normally resident on the next previous 15th day of November; (c) whether such person occupied on the next previous 15th day of November any premises for the purpose of his trade, profession or business, and, if so, the address of such premi

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.