Electoral Act, 1963

Electoral Act, 1963 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1963 Electoral Act, 1963 Electoral Act, 1963 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 19 of 1963. ELECTORAL ACT, 1963. ARRANGEMENT OF SECTIONS Section Part I. PRELIMINARY AND GENERAL 1. Short title, commencement and collective citations. 2. Interpretation generally. 3. Repeals. Part II. FRANCHISE AND REGISTRATION 4. Interpretation and construction (Parts II and III and Second Schedule). 5. Franchise. 6. Register of electors. 7. Registration duties. 8. Appeals. Part III. CONDUCT AND COSTS OF DÁIL ELECTIONS Chapter I. General 9. “General Election”, “Bye-Election” and “excluded day”. 10. Maximum duration of Dáil. 11. Returning officers and assistant, deputy and acting returning officers. 12. Issue and return of writs. 13. Register of Political Parties. 14. Re-election of outgoing Chairman of Dáil Éireann. 15. Specification by regulations of certain forms. 16. Ballot paper. 17. Destruction, etc. of ballot boxes or ballot papers. Chapter II. Nominations 18. Last day for receiving nominations. 19. Procedure after nominations. 20. Deposit by candidates. 21. Amendment of Rules 1 to 12 of Part I of Fifth Schedule to Principal Act. Chapter III. The Poll 22. Polling districts and polling places. 23. Polling cards. 24. Times of poll. 25. Presiding officers and poll clerks. 26. Right to vote. 27. Voting by blind, incapacitated, and illiterate persons. 28. Alleged personation. 29. Amendment of Principal Act as to official mark on ballot papers. 30. Duties of presiding officer at close of poll. 31. Secrecy. 32. Death of candidate. 33. Death of outgoing Chairman of Dáil Éireann. 34. Advance polling on islands. 35. Amendment of section 59 (b) of Principal Act. Chapter IV. The Count 36. Amendment of Rules 2 and 12 of Third Schedule to Principal Act. 37. Amendment of Rule 6 of Third Schedule to Principal Act. 38. Amendment of Rule 6 (5) (a) of Third Schedule to Principal Act. 39. Amendment of Rule 10 of Third Schedule to Principal Act. 40. Amendment of Rule 12 (10) of Third Schedule to Principal Act. 41. Amendment of Rules 29 to 33 of Part I of Fifth Schedule to Principal Act Candidates' agents. 42. Amendment of Rule 37 of Part I of Fifth Schedule to Principal Act. Part IV. PRESIDENTIAL ELECTIONS 43. Interpretation and construction (Part IV and Third Schedule). 44. Polling cards. 45. Advance polling on islands. 46. Notification of name of President elect to certain persons. 47. Amendment of sections 12, 13 and 14 of Principal Act. 48. Amendment of sections 6 and 20 of Principal Act. 49. Presiding officers and poll clerks. 50. Voting by postal voters. 51. Right to vote. 52. Ballot paper. 53. Amendment of section 28. (2) of and Rule 11 of Third Schedule to Principal Act. 54. Amendment of section 32 of Principal Act. 55. Amendment of Rule 1 of First Schedule to Principal Act. 56. Amendment of Rule 15 of First Schedule to Principal Act. 57. Voting by blind, incapacitated, and illiterate persons. 58. Alleged personation. 59. Duties of presiding officer at close of poll. 60. Amendment of Rules 22A, 23 and 24 of First Schedule to Principal Act. 61. Amendment of Rules 27, 39 and 40 of First Schedule to Principal Act. 62. Amendment of Rule 8 of Third Schedule to Principal Act. Part V. REFERENDA 63. Interpretation and construction (Part V and Fourth Schedule). 64. Polling cards. 65. Advance polling on islands. 66. Voting by persons in employment of local returning officers. 67. Amendment of sections 8 (1), 10 (1) and 11 of Principal Act. 68. Presiding officers and poll clerks. 69. Voting by postal voters. 70. Right to vote. 71. Forms of ballot papers. 72. Amendment of section 29. of Principal Act. 73. Amendment of Rule 1 of First Schedule to Principal Act. 74. Amendment of Principal Act as to official mark on ballot papers. 75. Voting by blind, incapacitated, and illiterate persons. 76. Alleged personation. 77. Duties of presiding officer at close of poll. 78. Amendment of Rules 23A and 24 of First Schedule to Principal Act. 79. Amendment of Rules 30 and 32 of First Schedule to Principal Act. Part VI. LOCAL ELECTIONS 80. Interpretation (Part VI). 81. Year of election. 82. Conduct of elections. 83. Polling cards. 84. Times of poll. 85. Right to vote. 86. Costs of elections. 87. Electoral areas in certain county and other boroughs. 88. Wards. 89. District electoral divisions. Part VII. ELECTORAL ABUSES 90. Amendment of Prevention of Electoral Abuses Act, 1923. Part VIII. MISCELLANEOUS 91. Special provisions where two or more elections have same polling day. 92. Adaptation or modification where there is emergency or special difficulty. FIRST SCHEDULE. Enactments Repealed. SECOND SCHEDULE. Forms (Dáil Elections). THIRD SCHEDULE. Form (Presidential Elections). FOURTH SCHEDULE. Forms of Ballot Papers at Referenda. Acts Referred to Electoral Act, 1923 1923, No. 12 Defence Act, 1954 1954, No. 18 Juries Act, 1927 1927, No. 23 Court Officers Act, 1926 1926, No. 27 Electoral (Amendment) Act, 1961 1961, No. 19 Presidential Elections Act, 1937 1937, No. 32 Electoral Act, 1960 1960, No. 43 Prevention of Electoral Abuses Act, 1923 1923, No. 38 Presidential Elections (Amendment) Act, 1946 1946, No. 29 Referendum Act, 1942 1942, No. 8 Referendum (Amendment) Act, 1946 1946, No. 30 Local Government Act, 1941 1941, No. 23 Harbours Act, 1946 1946, No. 9 Local Elections Act, 1953 1953, No. 15 School Attendance Act, 1926 1926, No. 17 Limerick City Management Act, 1934 1934, No. 35 Waterford City Management Act, 1939 1939, No. 25 Cork City Management (Amendment) Act, 1941 1941, No. 5 Local Government (Dublin) Act, 1930 1930, No. 27 Local Government (Galway) Act, 1937 1937 (Private), No. 3 Number 19 of 1963. ELECTORAL ACT, 1963. AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS, 1923 TO 1961, THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1960, THE REFERENDUM ACTS, 1942 TO 1960, THE PREVENTION OF ELECTORAL ABUSES ACT, 1923 , AND THE ACTS RELATING TO LOCAL ELECTIONS AND TO PROVIDE FOR RELATED MATTERS. [12th July, 1963.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Prelminary and General. Short title, commencement and collective citations. 1.—(1) This Act may be cited as the Electoral Act, 1963. (2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. (3) The Electoral Acts, 1923 to 1961, and Parts I , II , III and VIII of and the First and Second Schedules to this Act may be cited together as the Electoral Acts, 1923 to 1963. (4) The Presidential Elections Acts, 1937 to 1960, and Parts I , IV and VIII of and the First and Third Schedules to this Act may be cited together as the Presidential Elections Acts, 1937 to 1963. (5) The Referendum Acts, 1942 to 1960, and Parts I , V and VIII of and the First and Fourth Schedules to this Act may be cited together as the Referendum Acts, 1942 to 1963. Interpretation generally. 2.—(1) In this Act “the Minister” means the Minister for Local Government. (2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that Act as amended by or under any other enactment, including this Act. Repeals. 3.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule. PART II. Franchise and Registration. Interpretation and construction (Parts II and III and Second Schedule). 4.—(1) In this Part and Part III of this Act “the Principal Act” means the Electoral Act, 1923 . (2) The Electoral Acts, 1923 to 1961, and this Part and Part III of and the Second Schedule to this Act shall be construed together as one Act. Franchise. 5.—(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of twenty-one years and he was, on the qualifying date— (a) a citizen of Ireland, and (b) ordinarily resident in that constituency. (2) (a) A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age of twenty-one years and— (i) he was, on the qualifying date, ordinarily resident in that area, or (ii) he has, during the whole of the period of six months ending on the qualifying date, occupied, as owner or tenant, any land or premises in that area. (b) For the purposes of this subsection— (i) where two or more persons jointly occupy land or premises, each such person shall be treated as occupying the land or premises, subject to the proviso that not more than two persons shall be entitled to be registered in respect of the same land or premises, unless they are bona fide engaged as partners carrying on their profession, trade or business on the land or premises, (ii) the occupation of a dwellinghouse shall be deemed not to be interrupted by reason only of permission being given by letting or otherwise for the occupation of the dwellinghouse as a furnished dwellinghouse by some other person for part or parts of the qualifying period not exceeding four months in the whole. (c) Where, for the purpose of registration as a local government elector in a county, county borough, borough, urban district or town, a person has more than one property (that is to say, land or premises)— (i) he may, not later than the last day for making claims for registration, nominate the one for which he wishes to be registered by giving notice to the registration authority, stating the addresses of the properties and the one for which he wishes to be registered, and he shall be registered accordingly; (ii) where he does not so nominate and one of the properties is his residence situate in a county borough, borough, urban district or town, he shall be registered in respect of his residence; (iii) in any other case, he shall be registered in respect of such one of the properties as the registration authority may decide. (d) The registration authority shall make such alterations and corrections in the draft register as they think necessary— (i) in order to secure that no person is registered more than once as a local government elector in a county borough, borough, urban district or town or in an administrative county exclusive of any borough, urban district or town therein, and (ii) having regard to paragraph (c) of this subsection. (e) In this subsection— “local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held; “local government elector” means a person entitled to vote at a local election. (3) (a) Where, not later than the last day for making claims for registration, an elector who is a whole time member of the Defence Forces furnishes a statement of the premises in which, but for his service, he would be ordinarily resident on the qualifying date to the registration authority for the registration area in which those premises are situate, the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises. (b) (i) In this subsection “a whole time member of the Defence Forces” means— (I) a member of the Permanent Defence Force, or (II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954 , or (III) a reservist called out on permanent service. (ii) In the foregoing subparagraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954 . (4) For the purposes of this section— (a) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up, (b) a written statement by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be conclusive evidence of that fact. (5) Where— (i) on the qualifying date, a person is a patient or inmate in any hospital, sanatorium, county home, home for persons suffering from physical or mental disability or similar institution or is detained in any premises in legal custody, and (ii) in the case of a person who is such a patient or inmate, he is not— (I) a person in employment in the hospital, sanatorium, county home, home for persons suffering from physical or mental disability or similar institution who is resident therein for the purposes of such employment, or (II) a person who, in the opinion of the registration authority, will continue for an indefinite period to be such a patient or inmate, he shall be deemed for the purposes of this section to be resident in the place where he would have been residing but for his having been such a patient or inmate or having been so detained in legal custody. (6) (a) The qualifying date for every register of electors shall be such date as may be specified by regulations made by the Minister. (b) For the purposes of this section, a person's age shall be taken to be that person's age on such date as may be specified by regulations made by the Minister. (c) Where regulations specifying the date referred to in paragraph (a) or paragraph (b) of this subsection are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. Register of electors. 6.—(1) A register by reference to registration areas consisting of administrative counties and county boroughs shall be prepared and published in every year of persons who were entitled to be registered as electors on the qualifying date and, in so far as it relates to Dáil electors, the register shall be the register of Dáil electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors. (2) Every register of electors shall come into force on such date as may be specified by regulations made by the Minister and shall remain in force until the day before the date on which the next register comes into force. (3) Where regulations specifying the date referred to in subsection (2) of this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. Registration duties. 7.—(1) It shall be the duty of each council of a county and corporation of a county borough to prepare and publish the register of electors in accordance with regulations made by the Minister, after consultation with the Minister for Justice, and references in this Part of this Act to the registration authority shall be construed accordingly. (2) In particular and without prejudice to the generality of subsection (1) of this section, regulations under this section may provide for all or any of the following matters: (a) furnishing by the corporations of boroughs which are not county boroughs and the councils of urban districts, to the councils of the counties in which such boroughs and urban districts are situate, of lists in the form of a draft register for the boroughs and urban districts, (b) identification, in draft registers, lists of claimants and registers of electors, of persons who are jurors and specification therein of places in respect of which persons are to be indicated as jurors, (c) making to and deciding by county registrars of claims for and objections to the entry of names in draft registers, (d) appointment of deputies for such registrars, (e) notification of decisions with respect to such claims and objections to the registration authority concerned, (f) the form of draft registers and registers of electors, (g) the inquiries to be made by the registration authorities, (h) the date of publication of registers of electors, (i) failure to publish registers of electors, (j) the fees to be charged for copies of draft registers and registers of electors, (k) specification of the substituted dates referred to in subsection (6) of this section. (3) If any person, having been duly required pursuant to regulations under this section to give any information in his possession which the registration authority or county registrar may require for the purposes of their duties, fails to give the information or gives false information, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. (4) An elector shall be entered in the postal voters list if he is— (a) a member of the Garda Síochána, or (b) a whole time member of the Defence Forces (as defined in paragraph (b) of subsection (3) of section 5 of this Act). (5) The registration authority shall, within such period after publication of the register of electors as may be specified by regulations under this section, ascertain if any corrections in the register of electors are necessary because of errors of a clerical or typographical nature and, if any such corrections are ascertained to be necessary, the registration authority shall publish a list of them within the said period and the list shall be deemed to form part of the register of electors. (6) For each reference to a date contained in subsection (1) of section 13 , subsections (3) and (4) of section 15 and subsection (2) of section 16 of the Juries Act, 1927 , there shall be substituted a reference to such date as may be specified by regulations under this section as being substituted therefor. (7) In subsection (6) of section 40 of the Court Officers Act, 1926 , “under the regulations made pursuant to section 7 of the Electoral Act, 1963” shall be substituted for all words from “as registration officer” to the end of the subsection. (8) No person shall be entered more than once in a register of electors for a registration area as a juror. (9) (a) The Minister shall procure all printing required for registration purposes to be done in such manner as he considers proper. (b) The Minister shall, by arrangements made with the sanction of the Minister for Finance, secure that the total cost of preparing and publishing the register of electors, shall be borne in approximately equal proportions by the State and by registration authorities. (10) (a) Any person who, without lawful authority, wilfully destroys or mutilates any notice, draft register, copy of the register of electors or other document made available for public inspection in connection with the preparation of the register of electors shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds. (b) An offence under this subsection may be prosecuted by the authority which caused the notice, draft register, copy of the register of electors or other document to be made available for public inspection. (11) A reference in any enactment to the electors lists shall be construed as a reference to the draft register prepared for the purposes of this section. (12) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. Appeals. 8.—(1) An appeal shall lie to the Circuit Court from any decision on any claim or objection which has been considered under the regulations under section 7 of this Act. (2) Subsection (1) of this section shall be subject to the proviso that an appeal shall not lie where a claimant or objector has not availed himself of an opportunity provided in the regulations under section 7 of this Act, of having his claim or objection decided in the first instance by the authority specified in that behalf in the regulations. (3) An appeal to the Supreme Court shall lie on any point of law from a decision of the Circuit Court on any such appeal, but, save as aforesaid, there shall be no appeal from any such decision. (4) The right of voting of any person whose name is for the time being on the register of electors shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision on the appeal. (5) The qualification or liability of an appellant to serve as a juror shall not be affected by the fact that an appeal is pending under this section. (6) Notice shall be sent to the registration authority in manner provided by rules of court of the decision of the Circuit Court or the Supreme Court on any appeal under this section, and the registration authority shall make such alterations in the register of electors as may be required to give effect to the decision. PART III. Conduct and Costs of Dáil Elections. Chapter I. General. “General Election”, “Bye-Election” and “excluded day”. 9.—(1) Section 65 of the Principal Act is hereby amended by the substitution for the definitions of “General Election” and “Bye-Election” of the following definitions: “The expression ‘General Election’ shall mean a general election for members of the Dáil held in accordance with subsection 2° of section 3 of Article 16 of the Constitution; “The expression ‘Bye-Election’ shall mean an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution;”. (2) In this Part of this Act “excluded day” means any of the days which are specified in subsection (1) of section 60 of the Principal Act as days not to be reckoned. Maximum duration of Dáil. 10.—The same Dáil shall not continue for a longer period than five years from the date of its first meeting. Returning officers and assistant, deputy and acting returning officers. 11.—(1) The returning officer for a constituency shall be— (a) in case the whole of the constituency is situate in a county or county borough for which there is a sheriff—the sheriff, (b) in case part of the constituency is situate in a county borough and part in a county and there is a sheriff for the county borough and a sheriff for the county—such one of the sheriffs as the Minister appoints from time to time, (c) in any other case—the county registrar or, where part of the constituency has one county registrar and part another county registrar or parts other county registrars, such one of the county registrars as the Minister appoints from time to time. (2) (a) Where a constituency does not consist of the whole or part of a county or county borough, the returning officer may appoint the appropriate officer to be assistant returning officer for part of the constituency. (b) The exercise of the power conferred by the foregoing paragraph shall be obligatory if the appropriate officer requires its exercise. (c) In this subsection the “appropriate officer” means the county registrar for the county or county borough in which the part of the constituency is situate or if there is a sheriff for that county or county borough, such sheriff. (3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall— (a) in case those constituencies are two and not more, appoint in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes, (b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes, and he may include in any such appointment, if he so thinks proper, an appointment to receive nomination papers. (4) A person shall not be appointed under subsection (3) of this section unless the appointment has been approved of by the Minister. (5) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy. (6) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer for the performance of those duties during the period of the prevention. (7) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but if any doubt arises as to the duties of an assistant returning officer, the doubt shall be determined by the Minister. (8) Any reference in this section to a county shall be construed as a reference to an administrative county. (9) References in the Electoral Acts, 1923 to 1963, to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers. (10) An appointment which was in operation immediately before the commencement of this section under paragraph (b) or paragraph (c) of subsection (1) of section 7 of the Electoral (Amendment) Act, 1961, (repealed by this Act) shall be deemed to be an appointment under paragraph (b) or paragraph (c) (as may be appropriate) of subsection (1) of this section. Issue and return of writs. 12.—(1) Where the Dáil is dissolved, the Clerk of Dáil Éireann shall, immediately upon the issue of the Proclamation dissolving the Dáil, issue a writ to each returning officer for a constituency directing him to cause an election to be held of the full number of members of the Dáil to serve in the Dáil for that constituency. (2) Where a vacancy occurs in the membership of the Dáil by a person ceasing to be a member otherwise than in consequence of a dissolution, the Chairman of Dáil Éireann (or, where he is unable through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Dáil Éireann) shall, as soon as he is directed by the Dáil so to do, direct the Clerk of Dáil Éireann to issue a writ to the returning officer for the constituency in the representation of which the vacancy has occurred directing the returning officer to cause an election to be held of a member of the Dáil to fill the vacancy mentioned in the writ. (3) If at any time there are two or more vacancies in the representation of any constituency in the Dáil and the Clerk of Dáil Éireann is directed on the same day to issue writs for the election of members to fill all or more than one of the vacancies, the Clerk of Dáil Éireann shall issue only one writ to the returning officer for the constituency and shall by the writ direct him to hold one election to fill all the vacancies mentioned in the writ in the representation of the constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in the writ. (4) (a) The return of a member or members to serve in the Dáil shall be made by a certificate of his name or their names endorsed on the writ for the constituency concerned under the hand of the returning officer. (b) The returning officer shall as soon as possible after the ascertainment of the result of the election deliver the return to the Clerk of Dáil Éireann and may for that purpose, if he so thinks fit, dispatch it by registered post. (c) A return so dispatched shall be transmitted to the Clerk of Dáil Éireann free of charge by the earliest practicable post. (5) Where an outgoing Chairman of Dáil Éireann within the meaning of section 14 of this Act is deemed by virtue of that section to be elected at a general election as a member of the Dáil— (a) the writ issued to the returning officer for the constituency for which he is so deemed to be elected shall be so worded that it directs the returning officer to cause an election to be held of one less than the full number of members of the Dáil for the constituency; (b) at the time of issuing the writ or as soon as may be thereafter, the Clerk of Dáil Éireann shall send to the returning officer and shall publish in Iris Oifigiúil a certificate certifying that the outgoing Chairman of Dáil Éireann did not announce to the Dáil before the dissolution thereof that he did not desire to become a member of the Dáil at the general election consequent on the dissolution; (c) the returning officer shall, in the public notice given by him under Rule 43 of Part I of the Fifth Schedule to the Principal Act, include the name of the outgoing Chairman of Dáil Éireann among the names of the candidates elected for the constituency. (6) A writ issued under this section shall be in the appropriate form specified in Part I of the Second Schedule to this Act, shall be dispatched by registered post to the returning officer and shall be transmitted free of charge by the earliest practicable post, and the returning officer, immediately after receiving the writ, shall acknowledge by telegram its receipt. (7) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Dáil Éireann shall carry out the duties under this section of the Clerk of Dáil Éireann. Register of Political Parties. 13.—(1) (a) The person who for the time being holds the office of Clerk of Dáil Éireann shall be the Registrar of Political Parties for the purposes of this section. (b) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Dáil Éireann shall act as Registrar of Political Parties for the purposes of this section. (c) In the subsequent subsections of this section, “the Registrar” means the Registrar of Political Parties for the purposes of this section or the Clerk-Assistant of Dáil Éireann acting as such Registrar (as may be appropriate). (2) The Registrar shall prepare and maintain a register (to be known as the Register of Political Parties) in which, subject to the subsequent provisions of this section, he shall register any political party— (a) which applies to him for registration, and (b) which is in his opinion,— (i) a genuine political party, and (ii) is organised to contest a Dáil election or a local election. (3) The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein: (a) the name of the party, (b) the address of the party's headquarters, (c) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidature of candidates of the party at elections. (4) Immediately on setting up the Register of Political Parties, the Registrar shall register therein the parties then represented in the Dáil by the names by which they are commonly known and shall complete each such registration by inserting the particulars referred to in paragraphs (b) and (c) of subsection (3) of this section on being informed thereof. (5) A political party shall not be registered in the Register of Political Parties if its name— (a) is identical with the name of any party already registered in the Register of Political Parties or, in the opinion of the Registrar, so nearly resembles such name as to be calculated to mislead, confuse or deceive, (b) is, in the opinion of the Registrar, unnecessarily long, or (c) in the case of a party operating in relation to a particular part only of the State, does not include such reference to that part as, in the opinion of the Registrar, distinguishes the party as so operating. (6) A political party registered in the Register of Political Parties shall from time to time keep the Registrar informed as to the name or names of the officer or officers referred to in paragraph (c) of subsection (3) of this section. (7) The Registrar shall, with respect to each party registered in the Register of Political Parties, enquire at least once in each year, by letter sent by post to an officer of the party referred to in paragraph (c) of subsection (3) of this section, whether the party desires to remain registered and, unless he receives an affirmative reply to such an enquiry within twenty-one days from the date of the posting of the letter containing the enquiry, he shall cancel the registration of the party concerned. (8) (a) Any doubt, dispute or question which may arise in connection with the Register of Political Parties shall be decided by an appeal board. (b) The appeal board shall consist of a Judge of the High Court (to be nominated by the President of the High Court), who shall be chairman, the Chairman of Dáil Éireann (or, where he is unable, through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Dáil Éireann) and the Chairman of Seanad Éireann, (or, where he is unable, through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Seanad Éireann). (c) A decision of the appeal board shall be complied with by the Registrar. (9) On the third day (disregarding any excluded day) after the day of the issuing under section 12 of this Act of a writ or writs, the Registrar shall send to the returning officer or each returning officer a copy of the Register of Political Parties. (10) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this section. Re-election of outgoing Chairman of Dáil Éireann. 14.—(1) Where the Dáil is dissolved and the outgoing Chairman of Dáil Éireann has not announced to the Dáil before the dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution, he shall be deemed without any actual election to be elected at such general election as a member of the Dáil for— (a) the constituency for which he was a member of the Dáil immediately before the dissolution, or (b) if a revision of constituencies takes effect on the dissolution, the constituency declared on the revision to correspond to the constituency mentioned in the foregoing paragraph. (2) Where an outgoing Chairman of Dáil Éireann is deemed by virtue of this section to be elected at a general election as a member of the Dáil for a particular constituency, the number of members actually elected at that general election for that constituency shall be one less than would otherwise be required. (3) In this section “outgoing Chairman of Dáil Éireann” means a person who, immediately before the dissolution of the Dáil in relation to which the expression is used, was the Chairman of Dáil Éireann. Specification by regulations of certain forms. 15.—(1) The Minister may by regulations specify the forms named in subsection (2) of this section and, where any such regulations are for the time being in force, each form specified thereby shall stand substituted in the Fifth Schedule to the Principal Act for the corresponding form specified in that Schedule. (2) The forms referred to in subsection (1) of this section are the following forms in Part III of the Fifth Schedule to the Principal Act: (a) form 4 (notice of election), (b) form 5 (nomination paper), (c) form 10 (notice of result of election and of transfer of votes). (3) Regulations under this section which specify the form of nomination paper may, if the Minister so thinks proper, include in the form— (a) a note of the qualifications, disqualifications and incapacities for election to and membership of Dáil Éireann, (b) a form of declaration, to be signed by the candidate or his proposer, that he has read the note and believes himself or the candidate (as may be appropriate) to be eligible for election, and if any person makes a declaration such as aforesaid pursuant to regulations under this section in a case in which he or the candidate (as may be appropriate) is not eligible for election, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (4) In a prosecution for an offence under this section, it shall be a good defence for the defendant to show that he had reasonable grounds for believing that he or the candidate (as may be appropriate) was eligible for election. Ballot paper. 16.—(1) The following section is hereby substituted for section 26 of the Principal Act: “26. Votes at a Dáil election shall be given by ballot, and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) in form 5A in Part III of the Fifth Schedule to this Act.” (2) The form and directions set out in Part II of the Second Schedule to this Act are hereby inserted in Part III of the Fifth Schedule to the Principal Act after form 5, and the returning officer shall comply with such directions. Destruction, etc. of ballot boxes or ballot papers. 17.—If at the poll at a Dáil election any ballot boxes or ballot papers are taken out of the custody of the returning officer or a presiding officer or are in any way tampered with or are either accidentally or intentionally destroyed or (in the case of ballot papers) are maliciously torn or defaced, the following provisions shall have effect: (a) the polling at every polling place at which any of the ballot boxes or ballot papers were used shall be void; (b) the returning officer shall forthwith inform the Minister of the polling having so become void; (c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as he thinks proper for the taking of a fresh poll at every such polling place; (d) a fresh poll shall be taken at every such polling place in accordance with the directions given by the Minister; (e) the Electoral Acts, 1923 to 1963, shall apply in respect of such fresh poll in like manner as they apply to the original poll. Chapter II. Nominations. Last day for receiving nominations. 18.—At a Dáil election the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the writ or writs for the election is or are issued. Procedure after nominations. 19.—(1) The following section is hereby substituted for section 19 of the Principal Act: “19.—(1) If, at 12 noon on the day after the last day for receiving nominations, no more candidates stand nominated than there are vacancies to be filled, the returning officer shall forthwith declare the candidates standing nominated to be elected and return their names to the Clerk of Dáil Éireann; but if, at that hour, more candidates stand nominated than there are vacancies to be filled, the returning officer shall adjourn the election and shall take a poll in the manner directed by this Act. (2) If an election is adjourned for the purpose of taking a poll the returning officer shall, as soon as practicable after the adjournment, give public notice of— (a) the day on which and the hours during which the poll shall be taken, (b) the names and descriptions of the candidates as entered in their nomination papers, and of the proposers, if any, (c) the order in which the names of the candidates will appear in the ballot papers.” (2) Paragraph (1) of Rule 3 of the Fourth Schedule to the Principal Act is hereby amended by the insertion of “the day after” before “the last day”. Deposit by candidates. 20.—The following section is hereby substituted for section 20 of the Principal Act: “20.—(1) A candidate at a Dáil election, or someone on his behalf, shall deposit with the returning officer before the expiration of the time appointed for receiving nominations the sum of one hundred pounds, and, if he fails to do so, his candidature shall be deemed to be withdrawn. (2) The deposit may be made by the deposit of any legal tender or, with the consent of the returning officer, in any other manner. (3) If after a deposit is made the candidature is withdrawn or the nomination paper is deemed to be invalid, the deposit shall be returned to the person by whom the deposit was made, and if the candidate dies after the deposit is made, and before the poll is closed, the deposit, if made by him, shall be returned to his legal personal representative, or, if not made by him, shall be returned to the person by whom the deposit was made. (4) If a candidate is not elected, the deposit made by him or on his behalf shall be returned to the person by whom the deposit was made as soon as practicable after the result of the election is declared, unless the number of votes polled by the candidate does not exceed one-third of the quota as ascertained in accordance with the Rules contained in the Third Schedule to this Act, and in such case the deposit shall be forfeited to the State. For the purposes of this subsection the number of votes polled by a candidate shall be deemed to be the greatest number of votes at any time credited to him in accordance with the Rules contained in the Third Schedule to this Act. (5) If a candidate is elected, the deposit made by him or on his behalf shall be returned to the person by whom the deposit was made as soon as practicable after the result of the election is declared. (6) If a candidate is nominated at a general election in more than one constituency, he shall in no case be entitled to have more than one deposit returned to him, and if but for this subsection he would be entitled under this section to have more than one deposit returned to him, only such one as the Minister for Finance shall direct of the deposits shall be returned to him, and the other deposit or deposits shall be forfeited to the State.” Amendment of Rules 1 to 12 of Part I of Fifth Schedule to Principal Act. 21.—(1) The following Rules shall be substituted for Rules 1 to 12 of Part I of the Fifth Schedule to the Principal Act: Notice of election. “1. (1) The returning officer shall, within two days after the day on which he receives the writ, give public notice in the form specified by regulations made by the Minister of— (a) the times and place at which forms of nomination papers may be obtained; (b) the times and place at which he will attend to receive nomination papers; and (c) the day on which (if the election is contested) the poll will be taken. (2) The returning officer shall send one copy of such public notice by post to the postmaster of the principal post office for each polling district in the constituency in an envelope endorsed with the words ‘Notice of Election’, and such notice so endorsed shall be forwarded and delivered by post free of charge, and each postmaster to whom a copy of such notice is sent shall upon receipt thereof forthwith publish it in the manner in which post office notices are usually published. Necessity for nomination. 2. A person shall not be entitled to have his name inserted in a ballot paper as a candidate at a Dáil election unless he has been nominated in manner provided by these Rules and his nomination paper has been ruled as valid by the returning officer. Nominations. 3. A person may nominate himself as a candidate for election to the Dáil or may, with his consent, be nominated by another person (being a person registered as a Dáil elector in the constituency for which he proposes to nominate the candidate) as proposer. Nomination to be in writing and specified form. 4. Each nomination shall be in writing and in the form specified by regulations made by the Minister. Supply of nomination forms. 5. The returning officer shall arrange for the supply of nomination forms during the usual office hours, at such place as is named in that behalf in the Notice of Election, on each day between the publication of that notice and up to 12 noon on the last day for receiving nominations, but the use of a form supplied by the returning officer shall not be obligatory so long as the nomination paper used is in the specified form. Delivery of nomination papers. 6. (1) Nomination papers shall be delivered to the returning officer by the candidate or his proposer not earlier than the second day after the publication of the Notice of Election under Rule 1 hereof and not later than 12 noon on the last day for receiving nominations. (2) The delivery shall be made by the candidate in person but, if the candidate is proposed by another person, it may be made either as aforesaid or by the proposer. (3) The returning officer shall attend to receive nominations at the place specified in that behalf in the Notice of Election under Rule 1 hereof between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day before the last day for receiving nominations and between the hours of 10 a.m. and 12 noon on such last day. (4) The candidate nominated by each nomination paper and his proposer, if any, and one other person selected by the candidate or his proposer, as the case may be, and no other person whatsoever except with the permission of the returning officer shall be entitled to attend while a nomination paper is being ruled upon by the returning officer. Selection of nomination papers. 7. The returning officer shall number the nomination papers in the order in which they are received by him; and the first valid nomination paper nominating a candidate for election in a constituency shall be deemed to be the nomination of that candidate for that constituency. Description of candidate. 8. The names, address and occupation (if any) of each candidate shall be stated on his nomination paper and his surname shall come first in the statement of his names. Ruling on nomination papers. 9. (1) The returning officer shall rule on the validity of a nomination paper within one hour after its delivery and may rule that it is invalid if, but only if, he considers that it is not properly made out or subscribed. (2) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long; where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out. (3) (a) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties of which he is a candidate provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form specified by regulations made by the Minister authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to paragraph (c) of subsection (3) of section 13 of the Electoral Act, 1963. The returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such party, as shown in the nomination paper, to be specified in relation to the candidate on all the ballot papers and on notices. (b) Where a candidate is not the candidate of a political party registered in the Register of Political Parties, he shall be entitled to enter after his name on the nomination paper the expression ‘Non-Party’ and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices. (c) Any reference in the foregoing subparagraphs to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to subsection (9) of section 13 of the Electoral Act, 1963. (4) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision on the nomination paper, and shall sign the note. If he decides that the paper is invalid, he shall include a statement of his reasons. His decision, if it rules that the nomination paper is valid, shall be final and, if it rules that the nomination paper is invalid, shall be subject to reversal on petition questioning the election or return. (5) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of his decision to the candidate. (6) Nothing in this Rule shall prevent the nomination or election of any candidate being questioned by petition questioning the election. Publication of names of candidates. 10. The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, placard in a conspicuous position outside the place at which he is receiving nominations the name and description of the person nominated in the paper and the name and address of his proposer, if any. Withdrawal of nominations. 11. (1) A candidate may before 12 noon on the day after the last day for receiving nominations, but not afterwards, withdraw from his candidature by delivering or having his proposer deliver a notice to that effect, signed by him, to the returning officer. (2) In a case in which the returning officer is satisfied that a candidate is unable to attend and wishes to withdraw his candidature, withdrawal may be effected by furnishing, before the said hour, a notice to that effect, signed by the candidate and the person presenting the notice, to the returning officer. Publication of withdrawal. 12. The returning officer shall, immediately on the withdrawal, give public notice of a withdrawn candidate (and, in the case of a withdrawn candidate whose nomination paper was subscribed by another person, of the name of the other person).” (2) Where a person produces to a returning officer a certificate such as is referred to in paragraph (3) of Rule 9 of Part I of the Fifth Schedule to the Principal Act which that person knows to be forged, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (3) (a) A person shall not— (i) nominate another person for election to the Dáil, or (ii) withdraw the candidature of another person for election to the Dáil, save with the consent of that person. (b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. Chapter III. The Poll. Polling districts and polling places. 22.—(1) The council of a county or corporation of a county borough may, after consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections and elections of members of local authorities within the meaning of Part VI of this Act and appointing a polling place for each polling district. (2) A scheme under this section made by the council of a county or corporation of a county borough shall come into operation— (a) if, but only if, it is confirmed by order under the next subsection, and (b) on the day specified in that behalf in such order. (3) As soon as may be after they have made a scheme under this section, the council of a county or corporation of a county borough shall submit the scheme to the Minister for confirmation and the Minister shall by order confirm the scheme with or without modification or refuse to confirm it. (4) A scheme in force under this section may, and shall if the Minister so directs, be revoked or amended by a subsequent scheme under this section. (5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting. (6) Where the Minister, either of his own motion or on representation made to him, becomes satisfied that the polling districts or polling places (or any of them) named in a scheme in force under this section do not meet the reasonable requirements of the electors, the Minister may require the council of a county or corporation of a county borough concerned to amend the scheme as he considers proper and, if they do not do so within one month, the Minister may himself amend the scheme by a further scheme. (7) The making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1955, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough. (8) Until the first scheme made under this section by the council of a county or corporation of a county borough comes into operation, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue, and after the coming into operation of such first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section. (9) Rule 13 of Part I of the Fifth Schedule to the Principal Act is hereby amended by the addition thereto of “but the foregoing provisions of this Rule shall be subject to the proviso that, where by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the returning officer may provide a polling station or polling stations at any other convenient place”. (10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations. Polling cards. 23.—(1) Where a poll is to be taken at a Dáil election in a constituency, the returning officer shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list a card (in this section referred to as a polling card) in the form specified by regulations made by the Minister informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote. (2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil electors and shall be sent in sufficient time to be delivered in the ordinary course of post at that address not later than the third day before the polling day. (3) A polling card shall be dispatched by post and shall be transmitted free of charge by the earliest practicable post. (4) Expenses incurred by a returning officer in complying with this section shall be expenses incurred by him for the purposes of the election within the meaning of section 25 of the Principal Act. (5) No election shall be invalidated by reason of any failure to send, non-delivery of or error or misstatement in, a polling card. (6) No action or other proceeding shall lie against a returning officer in respect of any error or misstatement in a polling card. Times of poll. 24.—(1) A poll at a Dáil election— (a) shall be taken on such day as shall be appointed by the Minister by order, being a day during the period which consists of the nine days (disregarding any excluded day) next following the period which consists of the seven days (disregarding any excluded day) next following the last day for receiving nominations, and (b) shall continue for such period, not being less than twelve hours, between the hours of 8.30 a.m. and 10.30 p.m. as may be fixed by the Minister by order, subject to the restriction that, in the case of a general election, he shall fix the same period for all constituencies. (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made. Presiding officers and poll clerks. 25.—(1) The following section is hereby substituted for section 35 of the Principal Act: “35. (1) The returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer. (2) The returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering the candidature of any candidate at the election. (3) The returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the l …