(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 premises; (d) whether such person is qualified to be an elector in any other University Constituency, and, if so, the name of such constituency; (e) that such person elects to be registered as an elector in that University Constituency.
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Names to be entered in Electors Lists.
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4.The registration officer shall enter on the electors lists the name of every person who returns the said form of claim to the registration officer on or before the 1st day of January next after the day on which such form of claim was sent to him and states therein all the matters and things mentioned at (a) (b) (c) (d) and (e) in Rule 3 of this Schedule, and shall also enter in the electors lists the name of every 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 or occupying business premises at the address recorded by such person with the registration officer.
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Names not to be entered in Electors Lists.
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5.The registration officer shall not enter on the electors lists the name of any person who omits to return the said form of claim before the date mentioned in the preceding rule or who returns the form of claim before such date but omits therefrom any of the matters or statements mentioned at (a) (b) (c) (d) and (e) in Rule 3 of this Schedule.
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Addresses to be recorded.
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6.The addresses to be recorded on the electors lists and on the register in respect of any person whose name appears in such lists or register shall be: (a) the address at which such person was ordinarily resident on the next previous 15th day of November; and (b) the address of the business premises (if any) as defined by
\n
Section 1
\n
of this Act, occupied by such person on the next previous 15th day of November. There shall also be recorded in the electors lists and the register, opposite the name of each person thereon, the name of every other University constituency in which he is qualified to be an elector.
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Persons Registered elsewhere not to be entered.
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7.A person who in any year is qualified to be an elector in a University constituency and is not entered in the register of electors for that constituency because he has not elected to be registered in that constituency shall not be entered in the electors lists or in the register of electors for that University constituency in any subsequent year unless he makes in the prescribed manner a claim to be so registered.
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Publication of electors lists.
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8.It shall be the duty of the registration officer to publish the electors lists in the prescribed form on or before the 29th day of January.
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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.
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Copies of lists and register to be sent to other registration officers.
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9.The registration officer shall send to the registration officer of every other registration area in Saorstát Eireann a copy of so much of every electors list and of every register prepared by him as contains the names and addresses of all persons whose recorded addresses are, or either of them is, in such registration area or, in the case of the registration officer of a University constituency, of all persons who are recorded as being qualified to be electors in such constituency.
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Application of Rules in First Schedule.
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10.Rules 9 to 14, 17 to 22, 24 to 29, 31 to 33, and 35 to 39, all inclusive, of the First Schedule to this Act, so far as they relate to the registration of Dáil or Seanad Electors, shall apply to University constituencies.
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Form of Electors Lists and of Register.
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11.The electors lists and the register of electors in each University constituency shall be in such form as the registration officer, with the consent of the Minister for Local Government, shall think suitable.
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Expenses to be paid by Minister for Finance.
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12.The expenses of obtaining and printing all forms (other than the register itself) required by the registration officer, and all expenses of postage incurred by the registration officer in complying with the rules contained or incorporated in this Schedule shall be paid by the Minister for Finance.
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Publication of documents.
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13.Where by the rules contained or incorporated in this Schedule the registration officer is required to publish any document, and no specific provision is made as to the mode of publication, the registration officer shall publish such document by making copies of the document available for inspection in his office during ordinary office hours and posting a notice in some conspicuous place on the outside of his office stating the times at which such document may be inspected in his office.
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Preparation of First Register.
\n
14.For the purpose of the preparation of the First Register prepared under this Act the registration officer shall, as soon as possible after the passing of this Act, send a form of claim such as is mentioned in Rule 3 of this Schedule to every person whose name appears on the register of electors in force for the constituency at the date of the passing of this Act, and also to every other person who appears from the records of the University forming the constituency to be qualified to be an elector in the constituency. The registration officer shall then prepare the register in the manner prescribed in the foregoing rules, save that 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 THIRD SCHEDULE.
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Proportional Representation Election Rules.
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1.The election shall be conducted in accordance with the following Rules.
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2.An elector in giving his vote— (a) must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes; (b) may in addition place on his ballot paper the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of other candidates in the order of his preference.
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3.(1) After the ballot papers have been mixed in accordance with the Rules contained in the Fifth Schedule to this Act, the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged in parcels according to the first preferences recorded for each candidate.
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(2)The returning officer shall then count the number of papers in each parcel, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and he shall ascertain the full total number of all valid papers.
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4.The returning officer shall then divide the full total number of all valid papers by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate, This number is herein called the “quota.”
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5.If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.
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6.(1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with, the provisions of this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon.
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(2)(a) If the votes credited to an elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon. (b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon. (c) In either of the cases referred to in paragraphs (a) and (b) of this sub-section the returning officer shall make a separate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers.
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(3)If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference:
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Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and for the purposes of Rule 11 shall be described as non-transferable papers not effective and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.
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(4)(a) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers. (b) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. (c) If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractions shall be ignored.
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If two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates, at the first count at which they had an unequal number of votes, and thefraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest. (d) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked stamped or perforated so as to indicate the number of the count at which the transfer took place.
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(5)A surplus which arises at the end of any count shall be transferred before a surplus which may arise at a subsequent count: Provided that— (a) the returning officer need not necessarily transfer the surplus of an elected candidate when that surplus, together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates and the number of votes credited at such count to the lowest candidate is greater than one-third of the quota; (b) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference; (c) if there are two or more surpluses, each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.
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(6)When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude.
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(7)If two or more candidates have each an equal surplus arising from the same count, regard shall be had to the number of original votes obtained by each candidate, and the surplus of the candidate credited with the largest number of original votes shall be first dealt with.
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Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes, and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with.
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Where the numbers of votes credited to such candidates were equal at all counts, the returning officer shall determine by lot which surplus he will first deal with.
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7 (1) If at any time no candidate has a surplus (or when under the preceding Rule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes, and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with and shall for the purposes of Rule 43 in the Fifth Schedule to this Act be described as non-transferable papers not effective.
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(2)If the total of the votes of the two or more lowest candidates together with any surplus not transferred, is less than the number of votes credited to the next highest candidate and the number of votes credited to the lowest candidate is greater than one-third of the quota, the returning officer may in one operation exclude those candidates and transfer their votes in accordance with Rule 7 (1).
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(3)If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded, and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.
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8 (1) Whenever any transfer is made under any of the preceding Rules each sub-parcel of papers transferred shall be placed on top of the parcel if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.
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(2)If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions contained in Rule 6 before any other candidate is excluded.
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9.(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.
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(2)When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.
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(3)When the last vacancies can be filled under this Rule, no further transfer of votes need be made so long as the number of votes credited to each of the continuing candidates referred to in Rule 9 (2) who are not deemed to be elected is greater than one-third of the quota.
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10.(1) Any candidate or his agent may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count: Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.
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(2)The powers of the Court upon an election petition, shall include power to direct the whole or any part of the ballot papers to be recounted, and the result of the election to y be ascertained in accordance with these Rules.
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(3)On any such recount, subject to such modifications as may be necessary by reason of any order of the Court, each paper shall take the same course as at the original counting of the votes.
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11.(1) If any question shall arise in relation to the exclusion of any candidate under Rule 7 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final, unless an objection in writing stating the grounds thereof is made to the returning officer by any candidate or his agent before the declaration of the poll, and in that event the decision of the returning officer may be reversed upon an election petition.
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(2)If any decision of the returning officer is so reversed, the transfer in question and all operations subsequent thereto shall be void, and the court may direct what transfer is to be made in place of the transfer in question, and may cause the subsequent operations to be carried out, and the result of the election to be ascertained in accordance with these Rules.
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12.In these Rules—
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(1)The expression “continuing candidate” means any candidate not deemed to be elected and not excluded.
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(2)The expression “first preference” means the figure “1” standing alone; the expression “second preference” means the figure “2” standing alone in succession to the figure “1” and the expression “third preference” means the figure “3” standing alone in succession to the figures “1” and “2” set opposite the name of any candidate, and so on.
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(3)The expression “next available preference” means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.
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(4)The expression “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate.
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(5)The expression “non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate.
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Provided that a paper shall be deemed to have become a non-transferable paper whenever— (a) the names of two or more candidates (whether continuing or not) are marked with the same number and are next in order of, preference; or (b) the name of the candidate next in order of preference (whether continuing or not) is marked (i) by a number not following consecutively after some other number on the ballot paper; or (ii) by two or more numbers; or (c) it is void for uncertainty.
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(6)The expression “original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate.
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(7)The expression “transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.
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(8)The expression “surplus” means the number of votes by which the total number of the votes, original and transferred credited to any candidate, exceeds the quota.
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(9)The expression “count” means— (a) all the operations involved in the counting of the first preferences recorded for candidates; or (b) all the operations involved in the transfer of the surplus of an elected candidate; or (c) all the operations involved in the transfer of the votes of an excluded candidate. (10.) The expression “deemed to be elected” means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll.
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(11)The expression “determine by lot” means determine in accordance with the following direction:—The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall, in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn.
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FOURTH SCHEDULE.
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Postal Voting Rules.
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Form of ballot paper and declaration of identity.
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1.(1) The ballot papers to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other electors.
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(2)The declaration of identity sent with the ballot paper to postal voters shall be in the prescribed form and shall have printed on the back thereof the prescribed instructions to the voter.
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Presence of agents.
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2.(1) The returning officer, his assistants and clerks, the election agent of each candidate or some person, appointed by such election agent, and no other person, may be present at the proceedings on the issue of ballot papers, and on the opening of the postal voters ballot boxes and the envelopes contained therein.
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(2)Where the ballot papers are to be issued, or the envelopes contained in the postal voters ballot boxes are to be opened, simultaneously in two or more batches, the election agent of each candidate may appoint such number of persons as he may be authorised by the returning officer to appoint, not exceeding the number of such batches, to be present with him or on his behalf at such issue or opening:
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Provided that no election agent shall be authorised by the returning officer to appoint a larger number of persons than any other election agent.
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Issue of ballot papers.
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3.(1) The returning officer shall, not later than the last day for receiving nominations of candidates at an election, give the election agent of each candidate notice of the time and place at which he will issue the ballot papers, and of the number of persons each agent may appoint to attend the said issue.
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Where any subsequent issue of ballot papers is made, the returning officer shall give the election agent of each candidate, as soon as practicable, notice of the time and place at which he will make such subsequent issue and of the number of persons each agent may appoint to attend such issue.
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(2)Each ballot paper issued shall be marked on both sides with the official mark either stamped or perforated, and the number, name and description of the elector as stated in the postal voters list shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in a copy of the postal voters list opposite to the number of the elector to denote that a ballot paper has been issued to the elector, but without showing the particular ballot paper issued to him.
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(3)The returning officer shall enter or cause to be marked upon the form of declaration of identity the number of the ballot paper.
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(4)The returning officer shall place in an envelope addressed to the postal voter at the recorded address— (a) The ballot paper; (b) the form of declaration of identity; (c) an envelope addressed to the returning officer (hereinafter referred to as a “covering envelope”); (d) a smaller envelope marked “ballot paper envelope” bearing the number of the ballot paper; and shall effectually close such first mentioned envelope The above mentioned envelopes shall be in the prescribed forms
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(5)All envelopes addressed to the postal voters shall be counted, and forthwith delivered by the returning officer to the nearest Head Post Office, or such other office as may be arranged with the Head Postmaster, and the Postmaster shall stamp with the Post Office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.
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(6)Where an envelope containing a ballot paper and the other documents referred to in this rule is returned to the returning officer as not having been delivered to a postal voter, the returning officer may re-address the envelope to any address to which he could send a ballot paper for that voter if he were then sending it for the first time.
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Provisions of postal voters ballot boxes.
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4.(1) The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the voters.
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(2)Every such ballot box shall be shown open and empty to the agents present, and shall be sealed with the seal of the returning officer, and the seals of such of the agents as desire to affix their seals, and shall be marked “postal voters ballot box,” and with the name, of the constituency, and the returning officer shall make provision for the safe custody of such ballot box.
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Envelopes to be placed in postal voters ballot boxes.
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5.The returning officer shall, immediately on receipt of covering envelopes, place them unopened in a postal voters ballot box Opening of postal voters ballot boxes.
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6.(1) The postal voters ballot boxes shall be opened by the returning officer, in the presence of the agents; before the time fixed for the counting of the votes.
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(2)The returning officer shall give the election agent of each candidate at least twenty-four hours' notice in writing of the time and place at which he will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of persons such agent may appoint to be present at the opening.
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(3)When a postal voters ballot box has been opened, the returning officer shall count and note the number of envelopes, and shall then open each covering envelope separately, examine the declaration of identity and compare the number thereon with the number on the ballot paper envelope.
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(4)If the numbers agree and the declaration of identity is found to be duly signed and authenticated, he shall place the declaration of identity and the ballot paper envelope in separate receptacles.
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(5)If he is not satisfied that the declaration of identity has been duly signed and authenticated he shall endorse the declaration of identity “vote rejected,” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper.
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(6)If he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on the ballot paper agrees with the number on the declaration of identity he shall place the ballot paper in the ballot box referred to in Rule 8 (2) of this Schedule.
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(7)In every case in which the number on the ballot paper does not agree with the number on the declaration of identity, he shall replace the ballot paper in its envelope (if any), attach such envelope or ballot paper as the case may be to the declaration of identity, and endorse the declaration of identity “vote rejected.”
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(8)Where a declaration of identity does not appear to accompany the ballot paper envelope, the returning officer shall open the envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper in accordance with the rules in this Schedule.
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(9)Any declaration not accompanied by a ballot paper, and any ballot paper not accompanied by a declaration of identity, shall be marked “rejected.”
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(10)Where a ballot paper and declaration of identity are received together and the numbers thereon agree, the ballot paper shall not be rejected solely on the ground that the ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.
\n
Rejected declarations of identity.
\n
7.(1) The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly signed and authenticated to the agents, and if an objection is made by any agent to his decision shall add to the endorsement the words “rejection objected to.”
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(2)The returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents.
\n
Ballot papers to be placed in ballot boxes.
\n
8.(1) When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding rules, the returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper.
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(2)If the numbers agree he shall place the ballot paper in a ballot box previously shown and sealed in the manner provided in Rule 4 of this Schedule which shall be subsequently treated as a ballot box for the purpose of Rule 32 in Part I. of the Fifth Schedule to this Act
\n
(3)If the numbers do not agree he shall mark the ballot paper “rejected” and shall attach it to the envelope.
\n
9.(1) The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the agents, shall make up in separate packets, sealed with his own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers:
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Provided that where any subsequent issue of ballot papers is made the sealed packet containing the marked copy of the postal voters list may be opened by the returning officer for the purposes of that issue, and on completion of that issue the list and the counterfoils of the ballot papers at that issue shall be made up and sealed in accordance with the rule.
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(2)As soon as the returning officer has completed the placing of the ballot papers in the ballot box mentioned in Rule 8 (2) of this Schedule he shall seal up in separate packets (1) the declarations of identity which accompanied any ballot papers duly accepted; (2) any rejected declarations of identity; and (3) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto.
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(3)Where covering envelopes are received by the returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the returning officer shall not open such envelopes and shall (subject to any power of readdressing the same) seal them up into separate packets.
\n
(4)The returning officer shall forward to the Clerk of the Dáil at the same time as he forwards the documents mentioned in Rule 36 of Part I. of the Fifth Schedule to this Act— (a) any packets referred to in the foregoing provisions of this Rule and (b) a statement in such form as may be directed by the Minister for Local Government showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.
\n
(5)Any envelopes returned as undelivered and any covering envelopes received by the returning officer, after the said packets have been forwarded to the Clerk of the Dáil, shall be retained unopened and forwarded subsequently.
\n
Disposal of documents.
\n
10.Rules 37, 38, 39, 40 and 41 of Part I. of the Fifth Schedule to this Act shall apply to the documents sent by the Returning Officers to the Clerk of the Dáil under the preceding Rule hereof in the same manner as those Rules apply to the documents of a like nature mentioned therein.
\n
Application of Rules in Fifth Schedule.
\n
11.Rules 47, 48 and 53 of Part I. of the Fifth Schedule of this Act shall apply to the matters dealt with in this Schedule as if those Rules were here repeated, and Rules 49, 50 and 51 of Part I. of the Fifth Schedule to this Act shall apply to every agent as defined in this Schedule in the same manner as those Rules apply to the agents mentioned therein.
\n
Undertaking for Secrecy.
\n
12.Every returning officer and every officer, clerk or agent authorised to take part in or attend the issuing of ballot papers to postal voters or the opening of the envelopes containing ballot papers sent by postal voters shall before taking part in or attending such issuing or opening sign an undertaking to preserve the secrecy of the ballot in the prescribed form.
\n
Definition of agent.
\n
13.In this Schedule the expression “agent” includes the election agent of a candidate, and any person appointed by any such election agent to be present at the issue or opening of postal voters ballot papers.
\n
Voter's number.
\n
14.For the purposes of this Schedule a postal voter's number shall be his number on the postal voters list.
\n
FIFTH SCHEDULE.
\n
PART I.
\n
Rules for the conduct of Dáil Elections.
\n
Publication of Notice of Election.
\n
1.The Returning Officer shall within two days after the day on which he receives the writ, give public notice between the hours of nine in the forenoon and four in the afternoon of the last day on which he will receive nominations and of the day on which (if the election is contested) the poll will be taken and of the days, hours and place on, between, and at which forms of nomination papers may be obtained, and of the time during which and the place at which he will attend to receive nomination papers on the day appointed as the last day for receiving nominations. In every county constituency the Returning Officer shall send one copy of such public notice as aforesaid by post to the postmaster of the principal post office in each polling district in the constituency in an envelope or wrapper endorsed with the words “Notice of Election,” and such notice so endorsed shall be forwarded and delivered by the Post Office free of charge, and each Postmaster to whom a copy of such notice is sent shall upon receipt thereof forthwith publish the same in the manner in which Post Office Notices are usually published.
\n
Time for receiving nominations.
\n
2.The time during which the returning officer shall attend to receive nominations on the last day for receiving nominations shall be such two consecutive hours (which two consecutive hours are in these Rules referred to as “the time for receiving nominations”) between the hours of ten in the forenoon and three in the afternoon as the returning officer shall appoint and the returning officer shall attend during those two consecutive hours and during one hour immediately thereafter at the place appointed by him for receiving nominations. Every nomination paper delivered to the returning officer at any time permitted by this Act, but before the commencement of the two hours aforesaid, shall be so delivered to the returning officer in person at any place at which he may be found, and shall be retained by the returning officer and produced by him at the commencement of the two hours aforesaid, and shall for the purposes of these Rules and all other purposes be deemed to have been delivered to him at the beginning of those two hours.
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Separate nomination papers.
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3.Each candidate shall be nominated by a separate nomination paper, and any elector may subscribe (whether as proposer, seconder, or assenting elector) as many nomination papers as there are vacancies to be filled, but not more.
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Description of candidate.
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4.Each candidate shall be described in the nomination paper in such manner as in the opinion of the returning officer is calculated sufficiently to identify such candidate; the description shall include his names, his abode, and his rank, profession or calling, and his surname shall come first in the statement of his names.
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No objection to a nomination paper on the ground of any description of the candidate therein not being sufficient or not being in compliance with this Rule shall be allowed or deemed valid unless such objection is made by the returning officer himself or to the returning, officer by some other person during the time for receiving nominations.
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Supply of forms of nomination papers.
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5.The returning officer shall attend for the purpose of supplying forms of nomination papers at such place and during such two consecutive hours between the hours of ten in the forenoon and two in the afternoon as he shall fix in manner aforesaid on each day intervening between the day on which the public notice under Rule 1 hereof shall have been given and the day appointed as the last day for receiving nominations and shall supply one or more forms of nomination paper to any registered elector who shall apply for same either during the time and at the place aforesaid or during the time for receiving nominations but nothing in this Act shall render obligatory the use of a nomination paper supplied by the returning officer so long as the nomination paper used be in the form prescribed by this Act.
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Delivery of nomination papers.
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6.All nomination papers not delivered to the returning officer before the commencement of the time for receiving nominations shall be delivered to the returning officer, during the time for receiving nominations and at the place appointed for that purpose by the returning officer under Rule 1 hereof.
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Persons entitled to attend.
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7.The candidate nominated by each nomination paper and his proposer and seconder, and one other person selected by him, and no other person whatsoever except persons employed by the returning officer for the purpose of assisting him shall be entitled to attend the proceedings during the time for receiving nominations.
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Publication of notice of poll.
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8.If the election is contested the returning officer shall, as soon as practicable after adjourning the election, give public notice of the day on which the poll will be taken and of the names and other particulars of the candidates as described in their respective nomination papers, and of the names of the persons who subscribe the nomination paper of each candidate and of the order in which the names of the candidate will be printed in the ballot paper, and shall in the case of an election for a county constituency deliver to the postmaster of the principal post office of the town in which is situate the place for receiving nominations, a paper signed by himself, containing the names of the candidates nominated and stating the day on which the poll is to be taken, and the postmaster shall forward the information contained in such paper by telegraph, free of charge, to the several postal telegraph offices situate in the constituency for which the election is to be held, and such information shall be published forthwith at each such office in the manner in which post office notices are usually published.
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Withdrawal of candidates.
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9.If any duly nominated candidate is duly withdrawn in accordance with the provisions of this Act, the returning officer shall give public notice of the name of such candidate, and the names of the persons who subscribed the nomination paper of such candidate at the same time and in the same manner as he gives notice of the candidates who stood nominated or were elected.
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Publication of names of nominated persons.
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10.The returning officer shall, on any nomination paper being delivered to him, forthwith publish notice of the name of the person nominated therein as a candidate, and of the names of his proposer and seconder, by placarding or causing to be placarded the names of such candidate and his proposer and seconder in a conspicuous position outside the building in which the returning officer is receiving nominations.
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Necessity for nomination.
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11.A person shall not be entitled to have his name inserted in any ballot paper as a candidate unless he has been nominated in manner provided by this Act, and every person whose nomination paper has been, or is by these Rules deemed to have been, delivered to the returning officer during the time appointed for receiving nominations shall be deemed to have been nominated in manner provided by this Act, unless objection be made to his nomination paper by the returning officer or some other person before the expiration of the time appointed for receiving nominations or within one hour afterwards.
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Returning Officer to decide on objections.
\n
12.The returning officer shall decide on the validity of every objection made to a nomination paper, and his decision, if disallowing the objection, shall be final; and if allowing the same, shall be subject to reversal on petition questioning the election or return.
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Provision of polling stations.
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13.At every polling place the returning officer shall provide a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those electors in such manner as he thinks most convenient Provision of compartments.
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14.Each polling station shall be furnished with such number of compartments, in which the voters can mark their votes screened from observation, as the returning officer thinks necessary, but at least one compartment shall be provided for every one hundred and fifty electors entitled to vote at such polling station.
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Position of polling station.
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15.A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth.
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Voting at polling station.
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16.No person shall be admitted to vote at any polling station, except the one allotted to him.
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Notice of situation of polling stations.
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17.The returning officer shall give public notice of the situation of polling stations, and the description of electors entitled to vote at each station, and of the mode in which electors are to vote.
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Returning Officer to provide materials, etc.
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18.The returning officer shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of electors or such part thereof as contains the names of the electors allotted to vote at such station. He shall keep the official mark secret, and an interval of not less than seven years shall intervene between each use of the same official mark at elections for the same constituency.
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Appointment of presiding officers.
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19.The returning officer shall appoint a presiding officer to preside at each polling station, and the officer so appointed shall keep order at his station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates, and the police constables on duty.
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Form of Ballot Paper.
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20.Every ballot paper shall contain a list of the candidates described as in their respective nomination papers and arranged alphabetically in the order of their surnames, and (if there are two or more candidates with the same surname) of their other names; it shall be in the form contained in Part III. of this Schedule, or as near thereto as circumstances admit and shall be capable of being folded up.
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Ballot boxes.
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21.Every ballot box shall be so constructed that, without the box being unlocked, the ballot papers can be introduced therein, but cannot be withdrawn therefrom. The presiding officer at each polling station, immediately before the commencement of the poll, shall show the ballot box empty to such persons, if any, as may then be present in such station, so that they may see that it is empty, and shall then lock it up, and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.
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Method of voting.
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22.Immediately before a ballot paper is delivered to an elector it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and description of the elector as stated in the copy of the register of electors shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.
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Method of voting continued.
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23.The elector, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box.
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Incapacitated electors.
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24.If any elector satisfies the presiding officer that (a) his sight is so impaired; or (b) he is otherwise so physically incapacitated; or (c) he is so illiterate, that he is unable to vote without assistance; or if any elector declares that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by this Act, the presiding officer shall in the presence of the agents of the candidates, cause the vote of such elector to be marked on a ballot paper in manner directed by such elector and shall place the ballot paper so marked in the ballot box. A request made by any elector within four hours before the hour fixed for closing the poll to have his ballot paper marked for him under this Rule may be refused by the presiding officer, if in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.
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In carrying out the provisions of this rule the presiding officer shall observe the directions contained in Part II. of this Schedule.
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Alleged personation.
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25.If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath or affirmation permitted by law to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet and shall not be counted by the returning officer, and the name of such elector and his number on the register shall be entered on the tendered votes list in the prescribed form.
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Inadvertent destruction of ballot paper.
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26.A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled.
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Duty of presiding officer at close of poll.
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27.The presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the agentsof the candidates, make up into separate packets sealed with his own seal and the seals of such agents of the candidates, as desire to affix their seals—
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(1)Each ballot box in use at his station, unopened, but with the key attached; and
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(2)The unused and spoilt ballot papers, placed together; and
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(3)The tendered ballot papers; and
\n
(4)The marked copies of the register of electors, and the counterfoils of the ballot papers; and
\n
(5)The tendered votes list, and shall deliver all such packets to the returning officer Statement by presiding officer.
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28.The packets shall be accompanied by a statement in the prescribed form made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of (a) ballot papers in the ballot box; (b) unused ballot papers; (c) spoilt ballot papers, and (d) tendered ballot papers which statement is in this Act referred to as the ballot paper account.
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Candidates' agents.
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29.The candidates may respectively appoint agents to attend the counting of the votes.
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Arrangements for counting the votes.
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30.The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates, as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he will begin to count the same Persons to be present at counting.
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31.The returning officer, his assistant and clerks, and the agents of the candidates, and no other person, except with the sanction of the Returning Officer, may be present at the counting of the votes.
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Opening of ballot boxes.
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32.Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates open each ballot box and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.
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Time for counting.
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33.The returning officer shall, so far as practicable proceed continously with counting the votes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents.
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Rejected ballot papers.
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34.The returning officer shall endorse “rejected” on any ballot paper which he may reject as invalid, and shall add to the endorsement “rejection objected to,” if an objection be in fact made by any agent to his decision. The returning officer shall report to the Clerk of the Dáil the number of ballot papers rejected and not counted by him under the several heads following, that is to say:— 1. Want of official mark;
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2.Invalid under paragraphs (a), (b), (c) or (d) of subsection (4) of section 26 of the Electoral Act, 1923;
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3.Writing or mark by which voter could be identified;
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4.Unmarked or void for uncertainty Completion of counting.
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35.Upon the completion of the counting, the returning officer shall seal up in separate packets the counted ballot papers and the rejected ballot papers. He shall not open the sealed packets containing the tendered ballot papers and the marked copy of the register of electors and counterfoils, respectively, but shall proceed, in the presence of the agents of the candidates, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. The returning officer shall report to the Clerk of the Dáil the result of such verification, and shall, on request, allow the agent of any candidate, before such report is sent, to copy it.
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Packets to be sent to Clerk of Dáil.
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36.Lastly, the returning officer shall send to the Clerk of the Dáil all the packets of ballot papers in his possession, together with the said reports, the ballot paper accounts, tendered votes lists, and packets of counterfoils, and marked copies of registers sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the constituency for which such election was held Disposal of documents by Clerk of Dáil.
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37.The Clerk of the Dáil shall retain for a year all documents relating to an election sent to him in pursuance of these Rules by a returning officer and then, unless otherwise directed by an Order of the Dáil or of the High Court shall cause them to be destroyed.
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Inspection of ballot papers.
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38.No person shall be allowed to inspect any rejected ballot papers in the custody of the Clerk of the Dáil, except under an Order of the Dáil or under an Order of the High Court, to be granted by such court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return; and any such Order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the Dáil or the court making the same may think expedient, and shall be obeyed by the Clerk of the Dáil. Any power given to a court by this rule may be exercised by any judge of such court at chambers.
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Inspection of packets.
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39.No person shall, except by Order of the Dáil or of a tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been sealed up, or be allowed to inspect any counted ballot papers in the custody of the Clerk of the Dáil; any such Order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the Dáil or tribunal making the order may think expedient: Provided that on making and carrying into effect any such Order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid.
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Inspection of certain documents.
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40.All documents sent by a returning officer in pursuance of these Rules to the Clerk of the Dáil, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may be prescribed by the Clerk of the Dáil. The Clerk of the Dáil shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees and subject to such regulations as may be sanctioned by the Minister for Finance Production by Clerk of Dáil.
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41.Where an Order is made for the production by the Clerk of the Dáil of any document in his possession relating to any specified election, the production by the Clerk of the Dáil or his agent of the document ordered, in such manner as may be directed by such Order, or by a rule of the Court having power to make such Order, shall be conclusive evidence that such document relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by the Clerk of the Dáil or his agent shall be conclusive evidence of such papers being what they are stated to be on such endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima-facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of electors at such election the same number as the number written on such counterfoil.
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General Provisions.
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Return to writ.
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42.The return of a member or members elected to serve in the Dáil for any constituency shall be made by a certificate of the names of such member or members under the hand of the returning officer endorsed on the writ of election for such constituency, and the returning officer may, if he thinks fit deliver the writ with such certificate endorsed thereon to the postmaster of the principal post office of the place of election, or his deputy, and in such case he shall take a receipt from the postmaster or his deputy for the same; and such postmaster or his deputy shall then forward the same by the first post, free of charge, under cover, to the Clerk of the Dáil with the words “Election Writ and return” endorsed thereon.
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Notice of result of election.
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43.The returning officer shall, as soon as possible give public notice in the prescribed form of the names of the candidates elected, and also in the case of a contested election, of the total number of votes given for each candidate whether elected or not. The returning officer shall also give public notice of any transfer of votes made under this Act, and of the total number of votes credited to each candidate at the end of the count at which such transfer took place in accordance with the form set out in Part III. of this Schedule, or in a form to the like effect.
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Method of giving notice.
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44.Where the returning officer is required or authorised by this Act to give any public notice, he shall carry such requirement into effect by advertisements, placards, handbills, or such other means as he thinks best calculated to afford information to the electors.
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Returning officer may preside at any station.
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45.The returning officer may, if he thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or by the presiding officer to the returning officer.
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Appointment of persons to assist in counting.
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46.In the case of a contested election for any constituency the returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes.
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Persons employed by Returning Officer.
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47.No person shall be employed by a returning officer for any purpose relating to an election who has been employed by any other person in or about that election.
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Presiding officer may act by clerk.
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48.The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorised to do by this Act at a polling station except ordering the arrest, exclusion, or rejection from the polling station of any person.
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Candidate may act personally.
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49.A candidate may himself undertake the duties which any agent of his, if appointed, might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place, at which his agent may, in pursuance of this Act, attend.
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Names, etc., of agents to be furnished.
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50.The name and address of every agent of a candidate appointed to attend the counting of the votes shall be transmitted to the returning officer one clear day at the least before the opening of the poll; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been transmitted, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address.
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Death of agent.
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51.If any person appointed an agent by a candidate for the purpose of attending at a polling station, or at the counting of the votes, dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed Undertaking for secrecy.
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52.Every returning officer, and every officer, clerk, or agent authorised to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll sign an undertaking to preserve the secrecy of the ballot in the prescribed form and no returning officer, clerk, or agent as aforesaid, shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election Non-attendance of agents.
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53.Where in this Act expressions are used requiring or authorising or inferring that any act or thing is to be done in the presence of the agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as may be authorised to attend and as may in fact attend at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done.
\n
The expression “Returning Officer.”
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54.The expression ‘Returning Officer’ in this Schedule includes any deputy Returning Officer appointed by the Returning Officer with the consent of the Minister for Local Government, for the discharge of any or all of the duties of such Returning Officer.
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PART II.
\n
Directions to Presiding Officers in regard to Marking Ballot Papers pursuant to Rule 24 of Part I. of this Schedule.
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1.In an election held according to the principle of proportional representation the Presiding Officer shall ask the voter—”For which candidates do you desire to express a preference, and in what order?” and shall mark the ballot paper accordingly: Provided that where an elector fails to understand the import of such question, or does not give definite directions as to the marking of the ballot paper, the Presiding Officer— (a) shall read out the names of all the candidates in the order in which they appear on the ballot paper, and then ask the voter—”To which of the candidates do you wish to give your vote ?”
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And shall accordingly place the figure 1 on the ballot paper opposite the name of the candidate to whom the voter gives his vote; (b) shall then ask the voter—“Do you wish to express a second preference?” and if the answer is in the affirmative, shall read out the names of all the remaining candidates in the order in which they appear on the ballot paper, and then ask the voter—“For which of these candidates do you wish to express a second preference?”
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And shall accordingly place the figure 2 on the ballot paper opposite the name of the candidate for whom the voter expresses a second preference; (c) shall repeat the operation if and so often as may be required in reference to a third or any subsequent preference as long as the voter wishes to express any such preference.
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2.The Presiding Officer shall not accept, consider or act upon any paper or document purporting to show the manner, in which the voter desires to give his vote, or express a preference, and shall not mark the ballot paper of the voter otherwise than after compliance, and in accordance with the provisions of the preceding article hereof
\n
PART III.
\n
1.
\n
Form of Writ for a General Election.
\n
Saorstát Eireann to_________________Returning Officer for the County (or Borough or University) Constituency of______ WHEREAS the Governor-General of Saorstát Eireann pursuant to the provisions in that behalf of the Constitution of Saorstát Eireann has summoned an Oireachtas of Saorstát Eireann to assemble on the______day of_____________192 :
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NOW I,_________________________Clerk of Dáil Eireann in obedience to the provisions of the Electoral Act, 1923, and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you as the Returning Officer for the County (or Borough or University) Constituency of to cause an election to be held according to law in that constituency of members of the Dáil to serve in the Oireachtas aforesaid for the said constituency. AND that when such election has been duly held you do without delay certify to me in my Office at___________in Baile Atha Cliath the names of the members so elected.
\n
IN WITNESS whereof I have hereunto set my hand and seal this______day of___________192.
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Label or Direction on Writ To the Returning Officer for the County (or Borough or University) Constituency of________________ A Writ for the election of Members to serve in the Dáil for the said Constituency Endorsement.
\n
Received the within Writ on__________the_____day of____________192 (Signed) A.B.
\n
Returning Officer.
\n
Certificate Endorsed on the Writ.
\n
I hereby certify that the members elected to serve in the Dáil for the County (or Borough or University) Constituency of_________in pursuance of the above Writ are— C.D. of____________in the County of__________ E.F. of____________in the County of__________ (Signed) A.B., Returning Officer.
\n
2.
\n
Form of Writ for an Election to Fill One Vacancy Saorstát Eireann to____________Returning Officer for the County (or Borough or University) Constituency of____________ WHEREAS a vacancy has occurred in the representation of the County (or Borough or University) Constituency of______________in Dáil Eireann by the death (or disqualification or resignation) of____________who was a member of the Dáil for the said Constituency:
\n
AND WHEREAS the Ceann Comhairle of the Dáil has duly directed me to issue my writ for the election of a member of the Dáil to fill the vacancy aforesaid:
\n
NOW I,_______________________Clerk of Dáil Eireann in obedience to the provisions of the Electoral Act, 1923, and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you as the Returning Officer for the Constituency aforesaid to cause an election to be held according to law in the said constituency of a member of the Dáil to serve in the Oireachtas of Saorstát Eireann for the said constituency in the place of the said___________so deceased (or disqualified or resigned) as aforesaid. AND that when such election has been duly held you do without delay certify to me in my Office at________in Baile Atha Cliath the name of the member so elected.
\n
IN WITNESS whereof I have hereunto set my hand and seal this______day of______________192 .
\n
Label or Direction of Writ.
\n
To the Returning Officer for the County (or Borough or University Constituency of_______________ A Writ for the election of a member to serve in the Dáil for the said Constituency.
\n
Endorsement.
\n
Received the within Writ on_____________the______day of_________192 . (Signed) A.B.
\n
Returning Officer.
\n
Certificate Endorsed on the Writ.
\n
I hereby certify that the member elected to serve in the Dáil for the County (or Borough or University) Constituency of________in pursuance of the within Writ is— C.D. of__________in the County of___________ (Signed) A.B.
\n
Returning Officer.
\n
3.
\n
Form of Writ for an Election to Fill more than one Vacancy in the same Constituency.
\n
Saorstát Eireann to_____________Returning Officer for the County (or Borough or University) Constituency of_____________ WHEREAS_____________vacancies have occurred in the representation of the County (or Borough or University) Constituency of__________in Dáil Eireann by the deaths of_____________and_____________and the disqualification of_____________and_____________and the resignations of_____________and_____________who until they respectively died became disqualified and resigned were members of the Dáil for the said Constituency:
\n
AND WHEREAS the Ceann Comhairle of the Dail has duly directed me to issue my writ for the election of members of the Dáil to fill the vacancies aforesaid:
\n
NOW I,____________________Clerk of Dáil Eireann in obedience to the provisions of the Electoral Act, 1923, and in exercise of the powers thereby conferred on me, and of every and any other power me in this behalf enabling do hereby direct you as the Returning Officer for the Constituency aforesaid to cause an election to be held according to law in the said constituency of________members of the Dáil to serve in the Oireachtas of Saorstát Eireann for the said Constituency in the place of the said_____________and_____________so respectively deceased, disqualified and resigned as aforesaid. AND that when such election has been duly held you do without delay certify to me in my office at_____________in Baile Atha Cliath the name of the members so elected.
\n
IN WITNESS whereof I have hereunto set my hand and seal this_______day of_______________192.
\n
Label or Direction on Writ.
\n
To the Returning Officer for the County (or Borough or University) Constituency of______________ A Writ for the election of members to serve in the Dáil for the said Constituency.
\n
Endorsement.
\n
Received the within Writ on_____________the______day of_____________192 (Signed) A.B.
\n
Returning Officer Certificate Endorsed on the Writ.
\n
I hereby certify that the members elected to serve in the Dáil for the County (or Borough or University) Constituency of_____________in pursuance of the within written Writ are— C.D. of_____________in the County of_____________ E.F. of_____________in the County of_____________ (Signed) A.B.
\n
Returning Officer 4.
\n
Form of Notice of Dáil Election.
\n
The returning officer for the County (or Borough or University) Constituency of_____________will, on_____________, the_____day of_____________now next ensuing, between the hours of_____________and_____________, proceed to the nomination and, if there is no opposition to the election of a member (or members) for the said constituency at the _____________* Forms of nomination paper may be obtained at_____________ between the hours of_____________and_____________ on any day before the said ______day of_________________ Every nomination paper must be signed by two registered electors as proposer and seconder, and by eight other registered electors as assenting to the nomination.
\n
Every nomination paper must be delivered to the Returning Officer by the candidate proposed, or by his proposer or seconder, either at the place above appointed between the hours of______and______on the ______day of_____________or at any place at which the Returning Officer may be found at any time on any day before the said______day of_____________ Each candidate nominated, and his proposer and seconder and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room.
\n
In the event of the election being contested the poll will take place on the______day of_____________ (Signed) A.B.
\n
Returning Officer for the County (or Borough or University) Constituency of_____________ Take Notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in “The Corrupt Practices Prevention Act, 1854,” and the Acts amending that Act, as adapted by or under the Electoral Act, 1923.
\n
5 Form of Nomination Paper in Dáil Election.
\n
We, the undersigned A.B. of in the of, and CD. of in the of being electors for the County (or Borough or University) Constituency of__________do hereby nominate the following person as a proper person to serve in the Dáil as member for the said Constituency.
\n
Surname.
\n
Other Names.
\n
Abode.
\n
Rank Profession or Occupation.
\n
BROWN John 52 George Street, Booterstown. or Merchant.
\n
JONES William David High Elms, Portlaw Motor Mechanic. (Signed) A.B.
\n
C.D.
\n
We, the undersigned, being registered electors for the County (or Borough or University) Constituency of________________do hereby assent to the nomination of the above-mentioned John Brown as a proper person to serve as member for the said constituency. (Signed) E.F. of G.H. of I.J of K.L. of M.N of O.P. of Q.R. of S.T. of 6.
\n
FORM OF BALLOT PAPER. (To be used only in elections at which there are more than two candidates.) Form of Front of Ballot Paper.
\n
Mark Order of Preference in space below.
\n
Names of Candidates.
\n
DOYLE, JAMES (James Doyle, of 10 High Street, Oilman).
\n
DOYLE, WILLIAM (William Doyle, of 12 Main Street, Grocer).
\n
O'BRIEN, MATTHEW (Matthew O'Brien, of 22 Wellclose Place, Accountant).
\n
O'BRIEN, PATRICK (GENTLEMAN) (Patrick O'Brien, of 7 Green Street, Gentleman).
\n
O'BRIEN, PATRICK JOSEPH (SILVERSMITH) (Patrick Joseph O'Brien, of 14 Queen Street, Silversmith) WILSON, THOMAS (RANELAGH SQUARE) (Thomas Wilson, of 22 Ranelagh Square, Chemist).
\n
WILSON, THOMAS (DARTRY ROAD) (Thomas Wilson, of 172 Dartry Road, Dentist).
\n
Counterfoil No.
\n
Note: The Counterfoil is to have a number to correspond with that on the back of the Ballot Paper.
\n
Form of Back of Ballot Paper.
\n
Number Election for County (or Borough or University) Constituency Note.—The number on the back of the ballot paper is to correspond with that on the counterfoil.
\n
7.
\n
FORM OF BALLOT PAPER (To be used only in elections at which there are Not more than two candidates.) Form of Front of Ballot Paper.
\n
BROWN. (John Brown, of 52 George St., Booterstown, Merchant).
\n
JONES. (William David Jones, of High Elms, Portlaw, Motor Mechanic).
\n
Counterfoil No.
\n
Note: The Counterfoil is to have a number to correspond with that on the back of the Ballot Paper.
\n
Form of Back of Ballot Paper.
\n
No.
\n
Election for County or (Borough or University) Constituency of 19.
\n
Note.—The number on the back of the ballot paper is to correspond with that on the Counterfoil.
\n
Directions as to Printing Ballot Paper Nothing is to be printed on the ballot paper, except in accordance with this Schedule.
\n
The surname of each candidate, and if there are two or more candidates of the same surname, also the other names of such candidates, shall be printed in large characters, as shown in the form, and their other names (except as aforesaid) and their addresses, and descriptions, and the number on the back of the paper, shall be printed in small characters.
\n
Whenever the surnames, and the first of the other names of two or more candidates are the same there shall be also printed in large characters so much of the description of each of such candidates as appearing in their respective nomination papers, whether rank, profession, occupation or abode as will, in the opinion of the Returning Officer, effectively distinguish such candidate.
\n
8.
\n
Form of Directions for the guidance of the Voter in voting, which shall be printed in conspicuous characters and placarded outside every Polling Station and in every compartment of every Polling Station. (To be used only in elections at which there are more than two candidates.) The voter will go into one of the compartments, and, with the pencil provided there, mark his ballot paper by placing the figure 1 opposite the name of the candidate for whom he votes. He may also place the figures 2, 3, and so on, in accordance with the order of his choice or preference opposite the names of other candidates (that is to say): he must place the figure 1 opposite to the name of the candidate for whom he votes;
\n
He may also place the figure 2 opposite to the name of the candidate he likes second best, and place the figure 3 opposite to the name of the candidate he likes third best;
\n
And so on.
\n
If the voter does not place the figure 1 on his ballot paper, or places the figure 1 opposite more than one name, or places the figure 1 and some other figure opposite the same name, or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void and will not be counted.
\n
After marking the ballot paper, the voter will fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, put the paper into the ballot box, and forthwith quit the polling station.
\n
If the voter inadvertently spoils a ballot paper, he can return it to the presiding officer, who will, if satisfied of such inadvertence, give him another ballot paper.
\n
If the voter takes a ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour.
\n
The following examples show how ballot papers may be validly marked:— A.
\n
Mark Order of Preference in spaces below.
\n
Names of Candidates.
\n
3 DOYLE (James Doyle, of 10 High Street, Oilman).
\n
4 LYNCH (Jane Ellen Lynch, of 12 Main Street, Grocer).
\n
2 O'BRIEN (John O'Brien, of 22 Wellclose Place, Accountant).
\n
5 O'CONNOR (Charles O'Connor, of 7 Green Street, Gentleman).
\n
1 THOMPSON (William Henry Thompson, of 14 Queen Street, Silversmith).
\n
6 WILSON (Robert Wilson, of 22 Ranelagh Square, Chemist).
\n
B.
\n
Mark Order of Preference in spaces below.
\n
Names of Candidates.
\n
DOYLE (James Doyle, of 10 High Street, Oilman).
\n
1 LYNCH (Jane Ellen Lynch, of 12 Main Street, Grocer).
\n
O'BRIEN (John O'Brien, of 22 Wellclose Place, Accountant).
\n
O'CONNOR (Charles O'Connor, of 7 Green Street, Gentleman).
\n
THOMPSON (William Henry Thompson, 14 Queen Street, Silversmith).
\n
WILSON (Robert Wilson, of 22 Ranelagh Square, Chemist).
\n
C.
\n
Mark Order of Preference in spaces below.
\n
Names of Candidates.
\n
DOYLE (James Doyle, of 10 High Street, Oilman).
\n
3 LYNCH (Jane Ellen Lynch, of 12 Main Street, Grocer).
\n
O'BRIEN (John O'Brien, of 22 Wellclose Place, Accountant).
\n
1 O'CONNOR (Charles O'Connor, of 7 Green Street, Gentleman).
\n
THOMPSON (William Henry Thompson, of 14 Queen Street, Silversmith).
\n
2 WILSON (Robert Wilson, of 22 Ranelagh Square, Chemist).
\n
Note—If any candidate has the same surname as that of any of the fictitious candidates in the above examples some other common surname shall be substituted for such surname in the above examples, 9.
\n
Form of Directions for the guidance of the Voter in Voting, which shall be printed in conspicuous characters and placarded outside every Polling Station and in every compartment of every Polling Station. (To be used only in elections at which there are not more than two candidates.) The voter will go into one of the compartments, and with the pencil there provided mark his ballot paper by placing the figure 1 opposite the name of the candidate for whom he votes.
\n
If the voter does not place the figure 1 on his ballot paper, or places the figure 1 opposite more than one name, or places the figure 1 and some other figure opposite the same name, or places any mark on the paper by which he may afterwards be identified, his ballot paper will be void, and will not be counted.
\n
The voter need not place the figure 2 opposite the name of the candidate for whom he does not wish to vote, but the fact of his doing so will not render his ballot paper void, if it is otherwise properly marked.
\n
The voter will then fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person show the official mark on the back to the Presiding Officer, and then in presence of the Presiding Officer, put the paper into the ballot box, and forthwith quit the polling station.
\n
If the voter inadvertently spoils a ballot paper, he can return it to the Presiding Officer, who will, if satisfied of such inadvertence, give him another ballot paper.
\n
If the voter takes a ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the Officer he will be guilty of a misdemeanour and be subject to imprisonment for any term not exceeding six months with or without hard labour.
\n
Note: —These directions to be illustrated by examples of the ballot paper as in A, B, and C of Form 8.
\n
10.
\n
Public Notice of the Result of the Election and of the Transfer of Votes. (To be used only in elections at which there are more than two candidates.) Constituency of______________________________ Number of valid votes___________________________ Number of members to be elected_________________ Quota (number of votes sufficient to secure the election of a candidate)__________ Names of Candidates.
\n
First count.
\n
Second count.
\n
Third count.
\n
Fourth count. count. count.
\n
Names of candidates Elected.
\n
Votes.
\n
Transfer of Result.
\n
Transfer of Result.
\n
Transfer of Result.
\n
Transfer of Result.
\n
Transfer of Result. ................. ................. ................. ................. ................. ................. .................
\n
Non transferable papers not-effective.
\n
Total Dated this______________________day of__________19 _______________________Returning Officer.
\n
SIXTH SCHEDULE.
\n
Part I.
\n
Rules for Conduct of Seanad Elections.
\n
Panel to be sent to Seanad Returning Officer.
\n
1.Within three days after the panel of candidates for any Seanad election has been formed the Clerkof the Seanad shall send to the Seanad Returning Officer a copy of such panel so far as the same relates to candidates nominated by the Seanad and within the same period of three days the Clerk of the Dáil shall send to the Seanad Returning Officer a copy of such panel so far as the same relates to candidates nominated by the Dáil.
\n
Panel to be sent to Constituency Returning Officer.
\n
2.Immediately upon the issue of the Proclamation appointing the day on which the Seanad election is to take place the Seanad Returning Officer shall send to each Constituency Returning Officer a copy of the Proclamation and a copy of the panel of candidates for that election.
\n
Public notice of candidates and day of election.
\n
3.Each Constituency Returning Officer shall, within two days after he receives the said copy of the Proclamation and copy of the panel give public notice (in the same manner as is prescribed in Rule 1 of the Fifth Schedule to this Act for the publication of the matters therein mentioned) of the day on which the election will be held and of the names and all other particulars of the candidates as same are stated in the copy of the panel furnished to him as aforesaid. Every such public notice shall be in the prescribed form.
\n
Form of Ballot papers.
\n
4.The ballot papers at a Seanad Election shall be in the form set out in Part II. of this Schedule and the Seanad Returning Officer shall provide all the ballot papers required for the election, and shall furnish to each Constituency Returning Officer a sufficient number of ballot papers for the efficient conduct of the election in his constituency.
\n
Conduct of elections in constituencies.
\n
5.Each Constituency Returning Officer shall conduct the Seanad Election in his constituency on the appointed day in the same manner in all respects as he is required by
\n
Part III.
\n
of this Act, the Third and Fourth Schedules to this Act, and Rules Nos. 13 to 19 and 21 to 34 and 44 to 53, inclusive, of
\n
Part I
\n
., and the whole of
\n
Part II
\n
. of the Fifth Schedule to this Act to conduct a poll at a general election in his Constituency, and the Schedules and Rules aforesaid shall apply to a Seanad Election, save that the Returning Officer shall not proceed further with the counting of the votes than the arrangement of the papers in parcels according to the first preferences recorded for each candidate and the ascertainment of the number of papers in each such parcel, but shall then proceed as directed by the next following rule.
\n
Ballot papers to be sent to Seanad Returning Officer.
\n
6.Each Constituency Returning Officer immediately on the completion of the counting of the votes to the extent mentioned in the preceding Rule shall seal up in separate packets the several parcels of papers containing the first preferences recorded for each candidate, and shall endorse on each such packet a statement of the number of such papers in the packet, and of the name of the candidate for whom the first preferences are recorded on such papers, and shall send same to the Seanad Returning Officer.
\n
Reports, etc., to be sent to Seanad Returning Officer.
\n
7.Each Constituency Returning Officer shall then comply with the provisions of Rule 9 (4) of the Fourth Schedule and Rules 34, 35, and 36 in Part I. of the Fifth Schedule to this Act, with the modification that he shall report or send to the Seanad Returning Officer the things he is by those Rules required to report or send to the Clerk of the Dáil.
\n
Counting of the votes.
\n
8.As soon as the Seanad Returning Officer has received from all the Constituency Returning Officers all the packets, reports and other matters which such officers are by these Rules required to send to him the Seanad Returning Officer shall appoint the time and place at which he will proceed to count the votes, and shall at that time and place count the votes in accordance with the Rules contained in the Third Schedule to this Act.
\n
Announcement of result of election.
\n
9.As soon as the counting of the votes is completed the Seanad Returning Officer shall send to the Clerk of the Seanad and also to the Clerk of the Dáil a certificate in the form contained in Part II. of this Schedule, stating the names of the candidates elected, the total number of votes given for each candidate (whether elected or not), any transfer of votes made under this Act, and of the total number of votes credited to each candidate at the end of the count at which such transfer took place, and shall also publish a copy of such certificate in the Iris Oifigiúil.
\n
Disposal of papers, packets &c.
\n
10.The Seanad Returning Officer shall then send to the Clerk of the Seanad all such papers, packets, and things as a returning officer is by Rule 9 (4) of the Fourth Schedule, and Rule 36 in Part I. of the Fifth Schedule to this Act required to send to the Clerk of the Dáil, and Rules 37 to 41, inclusive, in Part I. of the Fifth Schedule to this Act shall apply to the papers, packets, and other things so sent to the Clerk of the Seanad with the substitution of the Seanad Returning Officer and the Clerk of the Seanad for the Returning Officer and the Clerk of the Dáil, respectively.
\n
Meaning of Constituency Returning Officer.
\n
11.The expression “Constituency Returning Officer” shall in this Schedule mean a person who is under this Act the Returning Officer for a Dáil Constituency.
\n
Part II.
\n
I.
\n
FORM OF BALLOT PAPER.
\n
Form of Front of Ballot Paper.
\n
Mark Order of Preference in spaces below.
\n
Names of Candidates.
\n
DOYLE. (James Doyle, of 10 High Street, Oilman).
\n
LYNCH. (Jane Lynch, of 12 Main Street, Grocer).
\n
O'BRIEN. (John O'Brien, of 22 Wellclose Place, Accountant).
\n
O'CONNOR. (Charles O'Connor, of 7 Green Street, Gentleman).
\n
THOMPSON. (William Henry Thompson, of 14 Queen Street, Silversmith).
\n
WILSON. (Robert Wilson, of 22 Ranelagh Square, Chemist).
\n
Counterfoil No.
\n
Form of Back of Ballot Paper.
\n
Number Election to Seanad Eireann, 19________ Note.—The number on the back of the ballot paper is to correspond with that on the counterfoil.
\n
II.
\n
Form οf Certificate of Candidates Elected.
\n
Number of valid votes__________________________ Number of members to be elected__________________ Quota (number of votes sufficient to secure the election of a candidate)___________ Names of Candidates.
\n
First count Second count.
\n
Third count.
\n
Third count. count. count.
\n
Names of candidates Elected.
\n
Votes.
\n
Transfer of Result.
\n
Transfer of Result.
\n
Transfer of Result.
\n
Transfer of Result.
\n
Transfer of Result. ................. ................. ................. ................. ................. ................. .................
\n
Non transferable papers not-effective.
\n
Total I hereby certify that the Senators elected at this election are— A.B. of___________ C.D. of___________ E.F. of___________ ________________ and that the votes given to the candidates, and the result of any transfer of votes are as hereon appearing.
\n
Signed___________________________ Seanad Returning Officer.
\n
This __________ day of __________ 19 SEVENTH SCHEDULE.
\n
Part I.
\n
RULES FOR CONDUCT OF REFERENDA.
\n
Proclamation to be sent to Returning Officers.
\n
1.The Clerk of the Dáil immediately upon the publication of the Proclamation appointing the day on which a Referendum is to be taken shall send to the Returning Officer in each constituency a copy of such Proclamation and copies of the Bill to which such Referendum relates.
\n
Public notice of day of Referendum.
\n
2.Each Returning Officer shall, within two days after he receives the said copy of the Proclamation, give public notice (in the same manner as is prescribed in Rule 1 of the Fifth Schedule to this Act for the publication of the matters therein mentioned) of the day on which the Referendum will be taken and of the times and places at which a copy of the Bill to which such Referendum relates can be inspected. Every such public notice shall be in the prescribed form.
\n
3.Any Proclamation issued before the day fixed for the coming into force of the first register prepared under this Act shall, for the purpose of taking a Referendum, be deemed to have been issued on the day fixed for the coming into force of the said Register, and any dates fixed by or under this Act or by any such Proclamation aforesaid, at or during which anything is to be done shall be postponed accordingly.
\n
Inspection of copy of Bill.
\n
4.The Returning Officer shall make a copy of the said Bill available for inspection by the public, at each of the places at which documents are made available for inspection, in accordance with Rule 30 of the First Schedule of this Act, during three hours between the hours of ten in the forenoon and four in the afternoon on every day intervening between the publication of the notice aforesaid and the day on which the Referendum is taken.
\n
5.The Ballot Papers at a Referendum shall be in the form set out in Part II. of this Schedule and in the event of Referenda in respect of two or more Bills being taken on the same day separate ballot papers of different and distinctive colours shall be provided for each Referendum.
\n
Conduct of Referendum in Constituencies.
\n
6.Each Returning Officer shall conduct the Referendum in his constituency on the appointed day in the same manner in all respects as he is required by
\n
Part III.
\n
of this Act and the Fourth Schedule and Rules Nos. 13 to 19 and 21 to 34 and 44 to 53 inclusive, of
\n
Part I
\n
., and the whole of
\n
Part II
\n
. of the Fifth Schedule to this Act with the necessary modifications to conduct a poll at a bye-election at which there are not more than two candidates.
\n
Communication of voting to Clerk of Dáil.
\n
7.When the Returning Officer has completed the counting of the votes cast in his constituency he shall not publish the result of such counting, but shall forthwith transmit by post to the Clerk of the Dáil in an envelope marked “Result of Referendum” a certificate in the prescribed form stating the number of votes cast in favour of the Bill and against the Bill respectively in his constituency and every such envelope shall be forwarded and delivered by the Post Office free of charge.
\n
Publication of result of Referendum.
\n
8.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.
\n
Disposal of documents, packets, etc.
\n
9.When the Returning Officer has transmitted the certificate of the number of votes cast in his constituency he shall comply with the provisions of Rule 9 (4) of the Fourth Schedule and Rules 34, 35 and 36 of the Fifth Schedule to this Act and thereupon Rules 37 to 41 inclusive of the said Fifth Schedule shall apply to all papers, packets and other things sent to the Clerk of the Dáil under the said Rules 9 (4), 34, 35 and 36.
\n
Part II.
\n
FORM OF BALLOT PAPER To be used at a Referendum.
\n
Form of Front of Ballot Paper Do you agree to the Bill passed by Dáil Eireann dated the_____________day of_____________ and entitled (insert the full title of the Bill).
\n
Answer.
\n
If you agree to this Bill, write in the column headed “answer” the word “Yes.”
\n
If you do not agree to this Bill, write in the column headed “answer” the word “No.”
\n
Counterfoil No.
\n
Note: The Counterfoil is to have a number to correspond with that on the back of the Ballot Paper.
\n
Form of Back of Ballot Paper Number ___________________________________ Constituency of______________________________ Referendum ________________________________ EIGHTH SCHEDULE.
\n
Constituencies.
\n
1.The names, contents, and boundaries of each borough constituency and of each county constituency, and the names and contents of each University constituency shall be as specified in this Schedule.
\n
2.The areas mentioned in the second column in Parts I. and II. of this Schedule shall be taken to be those areas as constituted on the First day of January, nineteen hundred and twenty-three, provided that any misnomer or inaccurate description of any of those areas shall not in any way prevent or abridge the operation of this Act with respect to the subject of the description, if it is so designated as to be commonly understood.
\n
3.If any doubt arises as to the constituency in which any townland, district electoral division, or other place whether larger or smaller than a townland, or district electoral division, is intended by this schedule to be included, that doubt shall be determined by the Minister for Local Government
\n
Part I
\n
BOROUGH CONSTITUENCIES.
\n
Name of Constituency.
\n
Contents or boundaries of Constituency.
\n
Total number of members for Constituency.
\n
Cork Borough The County Borough of Cork and the county Electoral area of Ballincollig Five.
\n
Dublin North The borough electoral areas of Dublin No, 1, Dublin No. 2, Dublin No. 4, Dublin No. 6 and Dublin No. 8 in the County Borough of Dublin.
\n
Eight.
\n
Dublin South The borough electoral areas of Dublin No. 3, Dublin No. 5, Dublin No. 7, Dublin No. 9, and Dublin No. 10 in the County Borough of Dublin.
\n
Seven.
\n
Part II.
\n
COUNTY CONSTITUENCIES.
\n
Name of Constituency.
\n
Contents or boundaries of Constituency.
\n
Total number of members for Constituency.
\n
Carlow-Kilkenny The administrative counties of Carlow and Kilkenny.
\n
Five.
\n
Cavan The administrative county of Cavan.
\n
Four.
\n
Clare The administrative county of Clare.
\n
Five.
\n
North Cork The county electoral areas of Kanturk and Macroom in the administrative county of Cork.
\n
Three.
\n
West Cork The county electoral areas of Bandon, Bantry and Dunmanway in the administrative county of Cork.
\n
Five.
\n
East Cork The county electoral areas of Mallow and Cóbh in the administrative county of Cork.
\n
Five.
\n
Donegal The administrative county of Donegal Eight.
\n
Dublin The administrative county of Dublin Eight.
\n
Galway The administrative county of Galway.
\n
Nine.
\n
Kerry The administrative county of Kerry.
\n
Seven.
\n
Kildare The administrative county of Kildare Three.
\n
Leitrim-Sligo The administrative counties of Leitrim and Sligo.
\n
Seven Leix-Offaly The administrative counties of Leix and Offaly.
\n
Five.
\n
Limerick The administrative county of Limerick and the county borough of Limerick.
\n
Seven.
\n
Longford–Westmeath.
\n
The administrative counties of Longford and Westmeath.
\n
Five.
\n
Louth The administrative county of Louth.
\n
Three.
\n
North Mayo The county electoral areas of Ballina, Killala and Swineford, in the administrative county of Mayo.
\n
Four.
\n
South Mayo The county electoral areas of Castlebar, Claremorris and Westport, in the administrative county of Mayo.
\n
Five.
\n
Meath The administrative county of Meath.
\n
Three.
\n
Monaghan The administrative county of Monaghan.
\n
Three.
\n
Roscommon The administrative county of Roscommon.
\n
Four.
\n
Tipperary The administrative counties of Tipperary North Riding and Tipperary South Riding.
\n
Seven.
\n
Waterford The administrative county of Waterford and the county borough of Waterford.
\n
Four.
\n
Wexford The administrative county of Wexford Five.
\n
Wicklow The administrative county of Wicklow Three.
\n
Part III.
\n
UNIVERSITIES Name of University Constituency.
\n
Number of Members.
\n
Dublin University Three.
\n
The National University of Ireland Three.
\n
NINTH SCHEDULE.
\n
Adaptation of Enactments.
\n
1.In sections thirty-nine, sixty-eight and sixty-nine of the Corrupt and Illegal Practices Prevention Act, 1883, “registration officer” shall mean the registration officer under this Act.
\n
2.In sections twelve and fourteen of the Juries Act (Ireland), 1871, a reference to the county court shall be substituted for a reference to the court at which the register of parliamentary voters is revised.
\n
3.In section sixteen of the Parliamentary Registration (Ireland) Act, 1885, the registration officer shall be substituted for the clerk of the union; “fifteenth of November” shall be substituted for “first of July” and the word “male” shall be omitted.
\n
4.The Minister for Local Government may, by Order, make such further adaptations in the provisions of any Act (including any local Act and any Act to confirm a Provisional Order), as may seem to him necessary to make those provisions conform with the provisions of this Act; and any Order so made shall operate as if enacted in this Act.
\n
TENTH SCHEDULE.
\n
Repeals.
\n
Session and Chapter.
\n
Short Title.
\n
Extent of Repeal 13 & 14 Vic. c. 68.
\n
Parliamentary Elections (Ireland) Act, 1850.
\n
Sections seventeen and eighteen.
\n
13 & 14 Vic. c. 69.
\n
Representation of the People (Ireland) Act, 1850.
\n
Sections eighty-seven, eighty-eight, eighty-nine and one hundred and three.
\n
25 & 26 Vic. c. 62.
\n
County Elections (Ireland) Act, 1862.
\n
The whole Act so far as unrepealed.
\n
31 & 32 Vic. c. 49.
\n
Representation of the People (Ireland) Act, 1868.
\n
The whole Act so far as unrepealed.
\n
35 & 36 Vic. c. 33.
\n
Ballot Act, 1872.
\n
Part I. and the First and Second Schedules so far as unrepealed except so far as they apply to elections other than Parliamentary Elections.
\n
38 & 39 Vic. c. 84.
\n
Parliamentary Elections (Returning Officers) Act, 1875.
\n
The whole Act so far as unrepealed.
\n
48 Vic. c. 10.
\n
Elections (Hours of Poll) Act, 1885.
\n
The whole Act so far as unrepealed.
\n
48 Vic. c. 17.
\n
Parliamentary Registration (Ireland) Act, 1885.
\n
Section seven.
\n
3 & 4 Geo. 5., c. 6.
\n
Extension of Polling Hours Act, 1913.
\n
The whole Act.
\n
8 Geo. 5., c. 64 Representation of the People Act, 1918.
\n
The whole Act except so much as related to Local Government franchises, the registration of Local Government electors, Local Government Electoral areas, and Local Government elections, and section three, sub-section three of section four; sub-section one, two and four of section seven, sub-section two of section eight, sections ten and seventeen, sub-section one of section twenty two, sections thirty three to thirty five, sections thirty eight and forty one, sections forty-three to forty seven and the fourth, seventh, eighth and ninth schedules.
\n
7 & 8 Geo. 5., c. 65.
\n
Redistribution of Seats (Ireland) Act, 1918.
\n
The whole Act.
\n
8 & 9 Geo. 5., c. 50.
\n
Representation of the People (Amendment) Act, 1918.
\n
The whole Act.
\n
9 Geo. 5., c. 8.
\n
Representation of the People (Returning Officers' Expenses Act, 1919.
\n
The whole Act.
\n
10 & 11 Geo. 5., c. 15.
\n
Representation of the People Act, 1920.
\n
The whole Act 10 &11 Geo. 5., c. 35.
\n
Representation of the People (No. 2) Act, 1920.
\n
The whole Act 11 & 12 Geo. 5., c. 34.
\n
Representation of the People Act, 1921.
\n
The whole Act.
\n
12 & 13 Geo. 5, c. 12.
\n
Representation of the People Act, 1922.
\n
The whole Act Note: Insert description of place or room.
\n
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