Electoral Act, 1923

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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.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 th …