ELECTORAL ACT, 1923

Provided always that the disqualification effected by this sub-section on account of a sentence of imprisonment or penal servitude shall not, in the case of a person who is a member of the Dáil at the date of such disqualification, take effect until the expiration of thirty days from the date of the sentence, or in the event of an appeal, from the date of the order confirming such sentence.

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

• (a) a member of the defence force of Saorstát Eireann on full pay;

• (b) a member of any police force in Saorstát Eireann on full pay;

• (c) a person either temporarily or permanently in the Civil Service of Saorstát Eireann unless he is by the terms of his employment expressly permitted to be a member of Dáil Eireann.

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

• (5) This Section shall not come into force until immediately after the dissolution of the present Dáil.

52 Resignation of membership of the Dáil.

52.—Any member of the Dáil may voluntarily resign his membership thereof by notice in writing to the Ceann Comhairle of the Dáil, and such resignation shall take effect immediately upon the same being announced to the Dáil by the Ceann Comhairle.

53 Filling vacancies in the Dáil.

53.—In the case of the death, resignation or disqualification of a member of the Dáil the vacancy thereby occasioned in the Dáil shall be filled by the return of a member in the place of such deceased, resigned, or disqualified member by the electors of the constituency for which the deceased, resigned, or disqualified member had been a member.

54 Issue of Writs.

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

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

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

• (4) All writs issued by the Clerk of the Dáil under this section shall be in one or other of the forms contained in Part III. of the Fifth Schedule to this Act.

55 Persons returned for two or more constituencies.

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

• (2) So soon as a person so returned for two or more constituencies elects or is under the foregoing Sub-Section deemed to have elected which of such constituencies he will represent, he shall be deemed to have resigned his seat or seats in each of the other constituencies for which he shall have been so returned.

56 Candidates at bye-elections.

56.—No member of the Dáil shall, while holding his seat, be eligible to be a candidate at a bye-election to the Dáil.

PART VII. Membership of Seanad Eireann.

57 Disqualification for membership of the Seanad.

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

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

• (a) a person who is undergoing a sentence of imprisonment with hard labour for any period exceeding six months, or of penal servitude for any term imposed by a court of competent jurisdiction in Saorstát Eireann;

• (b) an imbecile and any person of unsound mind;

• (c) an undischarged bankrupt under an adjudication by a court of competent jurisdiction in Saorstát Eireann;

• (d) a person who is by the law for the time being in force in Saorstát Eireann in relation to corrupt practices and other offences at elections incapacitated from being a member of the Seanad by reason of his having been found guilty by a court of competent jurisdiction in Saorstát Eireann of some such practice or offence:

Provided always that the disqualification effected by this Sub-Section on account of a sentence of imprisonment or penal servitude shall not, in the case of a person who is a member of the Seanad at the date of such disqualification take effect until the expiration of thirty days from the date of the sentence, or in the event of an appeal, from the date of the order confirming such sentence.

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

• (a) member of the defence force of Saorstát Eireann on full pay;

• (b) a member of any police force in Saorstát Eireann on full pay;

• (c) a person either temporarily or permanently in the Civil Service of Saorstát Eireann unless he is by the terms of his employment expressly permitted to be a member of Seanad Eireann.

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

PART VIII. General.

58 Adaptation of Acts.

58.—The Dáil franchises enacted by this Αct shall take the place of all Parliamentary franchises existing at the time of the passing of this Act; and the provisions set out in the Ninth Schedule to this Act with respect to the adaptation of Acts shall have effect for the purpose of adapting the law to the provisions of this Act.

59 Application of enactments relating to bribery, etc.

59.—All the provisions relating to bribery, personation or corrupt practices at elections or to election petitions (other than Local Government elections or Local Government election petitions) which are contained in any statute and were in force on the 23rd day of December, 1920, and have not been repealed by this Act shall apply to Dáil elections, Seanad elections and Referenda held under this Act, and for that purpose all references in such provisions to—

• (a) elections shall be construed as referring to Dáil elections, Seanad elections and Referenda held under this Act;

• (b) constituencies shall be construed as referring to the constituencies established by this Act;

• (c) returning and other officers, persons, ballot papers and other matters and things shall be construed as referring to the corresponding officers, persons, papers, matters and things acting, used, or done under this Act.

60 Computation of time.

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

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

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

61 Confirmation of Franchise Resolutions.

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

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

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

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

• (a) The registration of and voting by members of the Defence Force of Saorstát Eireann.

• (b) The non-registration of and non-voting by members of any Police Force.

• (c) Voting by post.

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

62 Difficulty and Emergency Orders.

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

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

63 Officers liable to action for breach of duty.

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

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

64 Rules, Regulations, Scales of Expenses, &c., to be laid before each House of the Oireachtas.

64.—(1) All rules, regulations, scales of expenses or provisions made or framed by the Minister for Finance or by the Minister for Local Government in pursuance of the powers conferred by Sections 11 (2), 12, 14 and 25 of this Act, shall be laid before each House of the Oireachtas forthwith; and unless and until a resolution annulling such rule, regulation, scale of expenses or provision is passed by each House of the Oireachtas within the next subsequent twenty-one days in which either of such Houses has met, such rule, regulation, scale of expenses or provision shall have effect as if enacted in this Act, provided that annulment of any such rule, regulation, scale of expenses or provision shall not prejudice or invalidate anything done thereby or thereunder prior to such annulment.

• (2) Any such rule, regulation, scale of expenses or provision may be revoked or varied as occasion requires.

65 Definitions.

65.—In this Act and the Schedules thereto unless the context otherwise requires—

The word “Dáil” shall mean Dáil Eireann;

The word “Seanad” shall mean Seanad Eireann;

The expression “Dáil Election” shall mean an election of a member or members to serve in the Dáil and shall include a bye-election as well as a general election;

The expression “Dáil Elector” shall mean a person entitled to vote at a Dáil election;

The expression “General Election” shall mean an election of members to serve in the Dáil of a new Oireachtas;

The expression “Bye-Election” shall mean an election of a member of the Dáil to fill a vacancy occasioned by the death, resignation or disqualification of a member of the Dáil;

The expression “Seanad Election” shall mean an election of Senators to serve in the Seanad;

The expression “Seanad Elector” shall mean a person entitled to vote at a Seanad election;

The word “Election” when used without qualification shall include Dáil election, Seanad election and Referendum;

The expression “dwellinghouse” shall include any part of a house where that part is occupied separately as a dwellinghouse;

The expression “prescribed” shall mean prescribed by Order made by the Minister for Local Government.

66 Repeals.

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

• (2) All references in any existing statute, order, regulation or rule to any of the Acts wholly or partially repealed by this Act shall be deemed to be references to this Act, but in the case of Acts partially repealed by this Act only in so far as such references relate to the portion of such Act so repealed.

67 Short Title.

67.—This Act may be cited as “The Electoral Act, 1923.”

SCHEDULES. FIRST SCHEDULE. Registration Rules.

Separate part of register for each registration unit.

The district electoral division as constituted under the Local Government (Ireland) Act, 1898, shall be the registration unit, but:—

• (a) where a district electoral division is divided into wards each such ward shall be treated as a separate registration unit; and

• (b) where a district electoral division is situate; partly in one Dáil polling district, and partly in another, or partly within and partly without any town (within the meaning of the Local Government (Ireland) Act, 1898), or ward of a borough or town, each part shall be treated as a separate registration unit.

General form of the Register.

Postal voters list.

Register to be made up in street or alphabetical order.

Where the registration unit is situated in an administrative county, the names in the register shall be arranged alphabetically in townland order, unless the county council consider that, having regard to the general character of the area forming the registration unit, arrangement in street order is possible and convenient.

Effect of register.

Duty of Registration Officer to Prepare and Publish Lists.

Duty of registration officer to prepare electors lists.

The registration officer shall at the same time publish a notice specifying the mode in which, and the time within which, claims and objections are to be made under these rules.

Duty of certain officers to perform duties and furnish information if required.

• (a) any person holding the office of collector of poor rate may be required to make the house to house or other sufficient inquiry directed by these rules, and to furnish sufficient information to enable the electors lists to be prepared, and to furnish any further information required for the purposes of this Act respecting any persons resident or occupying land or premises in, or the removal of any person from the district of such collector, and to publish on behalf of the registration officer at such places as may be required, any lists or registers by this Act directed to be published, and to attend at the revision of claims and objections under these rules at such places and times as may be ordered by the registration officer.

• (b) Any person holding the office of secretary of a County Council, Town Clerk of a County or other Borough, or Clerk of an Urban District Council may be required to prepare from the information furnished by the collectors of poor rate and otherwise and to furnish to the registration officer draft electors lists, and to attend and furnish such information as may be required at the revision of claims and objections under these rules at such times and places as may be ordered by the registration officer.

• (c) Any person for the time being exercising the functions of a Superintendent Registrar of Births and Deaths may be required to furnish lists or other information in connection with deaths of persons within his area.

• (d) It shall be the duty of the persons specified in sub-sections (a), (b) and (c) of this rule to perform any duties which may be required of them respectively under this rule, and if any such person refuses, neglects or fails, without reasonable cause, to perform any such duty in connection with registration he shall be liable on summary conviction to a fine not exceeding one hundred pounds.

• (e) Any question which may arise as to what duties or duty any such person as aforesaid may be required to perform under this rule shall be determined by the Minister for Local Government whose decision shall be final.

• (f) Each of the several persons mentioned in this rule shall be entitled to payment for all services performed and expenses incurred by him in the execution by him of all or any duties or duty, which he may be required to perform under this rule, and any sum so paid shall be treated for the purposes of this Act as part of the registration expenses of the registration officer on whose requisition the services were performed, or the expenses were incurred.

Corrupt and illegal practices list.

Claims to be Registered.

Claims to be sent to registration officer.

Form of claim.

Where a claim is made, on behalf of a claimant by another person the registration officer shall not enter the name of the claimant on the register unless the matters required to be stated in the declaration under the foregoing provision are proved to his satisfaction.

Publication of lists of claimants.

Objections.

Notice of objections.

An objection under this rule shall not be entertained unless within the time limited for sending the notice of objection, a copy of the notice of objection sent to the registration officer is sent by the person objecting to the person whose registration is objected to in such objection. Such copy of the notice of objection may be sent by prepaid and registered post to the address of the person objected to as appearing on the lists or to his last known place of abode.

Publication of objections to lists.

Publication of objections to claims.

Power of registration officer to appoint Town Clerk as his deputy.

Postal Voters List.

Postal Voters list.

Any member of the defence forces of Saorstát Eireann may, not later than the 26th day of February, give notice to the registration officer that he does not desire to have his name entered on the Postal Voters List.

Record of addresses to be kept.

The record of addresses shall be open to inspection under the same conditions as those that govern inspection of the register.

Preparation of Register from the Lists.

Consideration of objections.

Consideration of claims.

If the registration officer is not satisfied that any such claim can be allowed without inquiry, he shall give at least five clear days notice to the claimant of the time and place at which the claim will be considered by him.

Supplementary powers on consideration of claims and objections.

Inquiries by Registration officer.

Any such objection shall be considered in the same manner, and after the same notice of time and place as is required by Rule 18 of this Schedule, but need not be otherwise published.

Correction of lists.

Where an entry in respect of a person has been removed as a duplicate, the registration officer shall not be required to include in subsequent electors lists any entry which has been so removed if the elector remains qualified for registration in respect of the qualification which was retained when the duplicate entry was removed.

Voting in different districts.

Any such person shall be admitted to vote at such polling place accordingly.

There shall be added as a supplement to that portion of the register which relates to any polling district a list, giving with respect to persons who, though not resident in that polling district, are entitled to vote at a polling place for that district under this rule, the same particulars as are contained with respect to those persons in the register, including a reference to the polling district where any such person is registered: Provided that the names shall be numbered consecutively after the other names in the register for such first-mentioned polling district.

Objections to corrections.

Formation of lists into register.

Duty to Publish and Deliver Copies of the Register.

Publication of register.

It shall be the duty of the registration officer to keep copies of the register for inspection in his office, and also to arrange for copies of the part of the register relating to any registration unit being kept for inspection in that unit either in the principal post office (if the Postmaster-General gives authority for the purpose), or at some other convenient place to which the public have access to be arranged by him.

It shall be the duty of the registration officer to transmit a copy of the register, as soon as may be after it is published, to the Minister for Local Government, and also to transmit a summary of the contents of the register at such times and in such form, and giving such particulars as the said Minister may require.

Delivery of copies of the register.

Appeals from Registration Officer.

Notice of appeal from registration officer.

The registration officer shall forward any such notices to the County Court in manner directed by rules of court, together, in each case, with a statement of the material facts which, in his opinion, have been established in the case, and of his decision upon the whole case and on any point which may be specified as a ground of appeal, and shall also furnish to the court any further information which the court may require, and which he is able to furnish.

Appeals relating to the same point.

General.

Publication of documents.

As respects any registration unit in which there is no post office or other convenient place at which copies of documents relating to the unit can be made available for inspection, it shall be sufficient compliance with the requirements of these rules if copies of the document are made available for inspection by the public at some convenient place to which the public have access outside the registration unit.

Any document required to be published shall be kept published for the prescribed time.

Any failure to publish a document in accordance with these rules shall not invalidate the document, but this provision shall not relieve the registration officer from any penalty for such failure.

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties, or any document or copy of a, document which has been made available for inspection in pursuance of these rules, he shall be liable on summary conviction to a fine not exceeding five pounds.

Duty of registration officer to supply forms.

Supply of copies of claims, objections etc.

Mode of sending notices, etc.

Any notice which is required to be sent by the registration officer under these rules to any person shall be sufficiently sent if sent by post to the address of that person as given by him for the purpose, or as appearing on the lists, or if there is no such address to his last, known place of abode.

Information from householders.

Declaration as to age and nationality.

• (a) require that person either to produce a certificate of birth, or, if that is not practicable or convenient, to make a statutory declaration that such person has attained the required age, and

• (b) require that person to produce a certificate of naturalisation or to make a statutory declaration that he is a citizen of Saorstát Eireann.

Where a declaration is so required, any fee payable in connection therewith shall be paid by the registration officer as part of his registration expenses, and the declaration shall be exempt from stamp duty.

The registration officer shall during business hours allow any person to inspect and take a copy of any such declaration.

Power to obtain a certificate of birth at reduced fee.

Hearing of claims and objections.

Power to require evidence on oath.

Provisions as to misnomer or inaccurate description.

Special Provision in respect of the First Register.

SECOND SCHEDULE. Registration Rules for University Constituencies.

Contents of Register.

Forms of Claim to be sent out.

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

• (a) any person whose name is entered on the register then in force, and is shown to the satisfaction of the registration officer to be ordinarily resident and occupying business premises (if any) at the addresses recorded by such person with the registration officer; and

• (b) any person who has elected not to be registered in that constituency.

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

• (4) The principal Postmaster in each constituency, other than a University constituency, shall, at the request of the registration officer of a University constituency, ascertain and state to such registration officer whether any elector whose name appears on the register for that University constituency in force on the 15th day of November, is on that day ordinarily resident and occupying business premises (if any) at the addresses recorded by such elector with the registration officer. The statement of a principal Postmaster under this rule shall be prima facie evidence of the matters stated therein but the Postmaster shall not be liable to any person for or on account of any inaccuracy in such statement.

Contents of Form of Claim.

3 The prescribed form of claim to be sent under the preceding rule shall be such as to enable the person filling up same to state therein

• (a) such particulars including date of birth as show that such person is qualified to be an elector in that University;

• (b) the address where such person was normally resident on the next previous 15th day of November;

• (c) whether such person occupied on the next previous 15th day of November any premises for the purpose of his trade, profession or business, and, if so, the address of such 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.

Names to be entered in Electors Lists.

Names not to be entered in Electors Lists.

Addresses to be recorded.

• (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 Section 1 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.

Persons Registered elsewhere not to be entered.

Publication of electors lists.

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.

Copies of lists and register to be sent to other registration officers.

Application of Rules in First Schedule.

Form of Electors Lists and of Register.

Expenses to be paid by Minister for Finance.

Publication of documents.

Preparation of First Register.

THIRD SCHEDULE. Proportional Representation Election Rules.

• (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.

• (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.

• (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.

• (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:

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.

• (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.

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.

• (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.

• (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.

• (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.

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.

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.

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.

• (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).

• (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.

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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (1) The expression “continuing candidate” means any candidate not deemed to be elected and not excluded.

• (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.

• (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.

• (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.

• (5) The expression “non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate.

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.

• (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.

• (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.

• (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.

• (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.

• (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.

FOURTH SCHEDULE. Postal Voting Rules.

Form of ballot paper and declaration of identity.

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.

• (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.

Presence of agents.

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.

• (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: