Electoral Act , 1923

PART I. Franchise.

1 Dáil Franchise.

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

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

(a) the constituency in which he or she is ordinarily resident on the qualifying date; or

(b) the constituency in which he or she occupies on the qualifying date business premises; or

(c) the University constituency comprising a university in which he or she has received a degree other than an honorary degree or, in the case of the University of Dublin, has received such degree as aforesaid, or obtained a foundation scholarship, or, if a woman, obtained a non-foundation scholarship.

(3) The expression “business premises” in this section means land, buildings, or other premises occupied for the purpose of the business, profession or trade, of the person to be registered, of the rateable value of not less than ten pounds, and includes part of a house or other building.

Where any such business premises are not separately valued the rateable value shall be deemed to be the amount which would, in the opinion of the registration officer, be the rateable value if they were separately valued.

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

(a) the aggregate value of the business premises must be not less than the amount produced by multiplying ten pounds by the number of joint occupiers, and

(b) not more than two joint occupiers shall be entitled to be registered in respect of the same business premises, unless they are bona fide engaged as partners, carrying on their profession, trade or business on the business premises.

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

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

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

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

(9) A person who is an inmate or patient in any prison, lunatic asylum, workhouse, poorhouse, or any other similar institution shall not by reason thereof be treated as ordinarily resident therein or as occupying the same within the meaning of this section.

2 Seanad Electors.

2.—Every person, without distinction of sex, who is a citizen of Saorstát Eireann and has attained the age of thirty years and is not subject to any legal incapacity, whether imposed by this Act or otherwise, shall be entitled to be registered as a Seanad elector in the constituency in which he or she is registered as a Dáil elector.

3 Right of person registered to vote.

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

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

4 Provisions as to disqualifications.

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

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

(3) A person shall not be disqualified from voting at any election as a Dáil or Seanad elector, by reason of being employed for payment by or on behalf of a candidate at such election so long as the employment is legal.

5 Police not to be registered or vote.

5.—No member of any Police force on full pay may be registered as a Dáil or Seanad elector, or vote at any Dáil or Seanad election or at a Referendum.

6 Qualifying date.

6.—The qualifying date for the first register prepared under this Act shall be the 15th day of October, 1922, and the qualifying date for every subsequent register shall be the 15th day of November.

7 Ascertainment of elector's age.

7.—For the purposes of this Act a person's age shall be taken to be that person's age—

(a) In the case of the first register prepared under this Act, on the 15th day of October, 1922.

(b) In the case of any subsequent register, on the 15th day of November, being the qualifying date.

PART II. Registration.

8 Annual register.

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

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

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

9 Registration officers and areas.

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

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

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

10 Deputy Registration Officers.

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

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

(3) This section shall not apply to University constituencies.

11 Registration duties.

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

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

(3) This section shall not apply to University constituencies.

12 Expenses of Registration.

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

(a) in the case of an administrative county by the County Council of that county;

(b) in the case of a county borough by the Council of that county borough.

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

(3) The Minister for Finance may frame a scale of registration expenses applicable to all or any class or classes of those expenses, and may alter the scale as and when he thinks fit.

Any expenses incurred by the registration officer of a class to which the scale is applicable shall be taken to be properly incurred if they do not exceed the maximum amount determined by or in accordance with the scale, and so far as they do exceed that amount shall be taken not to have been properly incurred unless the excess is specially sanctioned by the Council and the Minister for Finance either before or after the expenses have been incurred.

If any question arises whether any expenses incurred by the registration officer of a class to which the scale is not applicable have been properly incurred or not, that question shall be referred to the Minister for Local Government, and the decision of the Minister on the question shall be final.

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

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

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

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

(8) This section shall not apply to University constituencies.

13 Counties divided into Ridings.

13.—Where an administrative county is divided into Ridings the Minister for Local Government may, by order, divide the county into a corresponding number of registration areas, and make any adaptations of this Act which may be necessary in consequence of the division, and the Clerk of the Crown and Peace for any Riding shall be registration officer for such of those areas as may be directed by the Minister for Local Government.

14 Salaries of clerks of the Crown and Peace.

14.—Notwithstanding the limit imposed by any statute now in force the salaries of Clerks of the Crown and Peace may be increased by orders made by the Minister for Finance to such extent as shall appear to such Minister to be proper, having regard to the additional duties imposed on those officers by this Act: Provided that the liability of a Clerk of the Crown and Peace to account for sums other than registration expenses received by him as registration officer shall not extend to any such increase in salary.

15 Register for University Constituencies.

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

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

Each subsequent register shall be a register of electors who were qualified on the 15th day of November, and shall come into force on the next following 15th day of June.

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

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

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

16 Appeals.

16.—(1) An appeal shall lie to the County Court having jurisdiction in the registration area from any decision of the registration officer on any claim or objection which has been considered by him under this Act, or the placing of, or refusal to place, any mark against any name on the register, and rules of court shall be made for the purpose of determining the procedure on any such appeals and for applying and adapting thereto any enactments relating to county courts and the procedure therein:

Provided that except in University constituencies an appeal shall not lie where a claimant or objector has not availed himself of his opportunity, as provided in the First Schedule to this Act, of being heard by the registration officer on the claim or objection, or as to the placing of, or refusing to place, any such mark as aforesaid:

Provided also that in the County Borough of Dublin and in a University constituency and in the administrative County of Dublin the appeal under this section shall not be to the County Court, but shall, in the County Borough of Dublin and in a University constituency, be to the revising barristers for the City of Dublin, and shall in the administrative County of Dublin be to the revising barrister for the County of Dublin.

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

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