LegalizeTHE PREVENTION OF ELECTORAL ABUSES ACT, 1923
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
10 amending acts · 1992-11-05, ELECTORAL ACT, 1992
53.—Any person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence) and any person charged with an illegal practice may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt practice, and a person charged with illegal payment, employment, or hiring, may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.
54 Prosecution on summary conviction, and appeal to quarter sessions.
54.—(1) All offences under this Act punishable on summary conviction may be prosecuted in manner provided by the Summary Jurisdiction Acts.
- (2) A person aggrieved by a conviction by a court of summary jurisdiction for an offence under this Act may appeal to general or quarter sessions against such conviction.
55 Publication of notices.
55.—Any public notice required to be given by a returning officer under this Act shall be given in the manner in which he is directed by the Electoral Act, 1923 (No. 12 of 1923), to give a public notice under that Act.
56 Definitions.
56.—In this Act and the Schedules thereto unless the context otherwise requires—
The expression “Dáil Election” means an election of a member or members to serve in Dáil Eireann and includes a bye-election as well as a general election;
The expression “Dáil Elector” means a person entitled to vote at a Dáil election;
The expression “Seanad Election” means an election of Senators to serve in Seanad Eireann;
The expression “Seanad Elector” means a person entitled to vote at a Seanad election;
The word “Election” when used without qualification includes Dáil election, Seanad election and Referendum;
The expression “Election Court” means any court or tribunal constituted under any Act of the Oireachtas and having jurisdiction to inquire into, hear, determine or report upon allegations, charges, disputes or differences in respect of elections generally or any particular election or class of elections;
The expression “Summary Jurisdiction Acts” means the several Acts for the time being in force in Saorstát Eireann relating to courts of summary jurisdiction;
The expression “committee room” does not include any house or room occupied by a candidate at an election as a dwelling by reason only of the candidate there transacting business with his agents in relation to such election; nor shall any room or building be deemed to be a committee room for the purposes of this Act by reason only of the candidate or any agent of the candidate addressing therein electors, committeemen, or others;
The expression “personal expenses” as used with respect to the expenditure of any candidate in relation to any election includes the reasonable travelling expenses of such candidate and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to such election;
The expression “Local Authority” includes a county, county or other borough, urban district, or rural district council, a board of guardians, the town commissioners of any town, and any other public body which may be established by any County Scheme to perform any of the functions of any of the above-named bodies, and any committee or joint committee of or wholly or partly appointed by any such authority or body;
The expression “prescribed” means prescribed by order made by the Minister for Local Government;
The expression “Local Government election” means an election of a member or members of a Local Authority;
The expression “police constable” includes any member of the Dublin Metropolitan Police and any member of the Civic Guard;
The word “payment” includes any pecuniary or other reward;
The expressions “pecuniary reward” and “money” include any office, place or employment, and any valuable security or other equivalent for money, and any valuable consideration;
Every expression relating to registration, electors, or elections used in this Act which is also used in the Electoral Act, 1923 (No. 12 of 1923), shall, if not otherwise defined in this Act, have the same meaning as such expression has in the Electoral Act, 1923.
57 Repeals.
57.—(1) The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule, except so far (if at all) as they apply to elections other than Parliamentary elections.
- (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 so far as such references relate to the portion of such Act so repealed.
58 Short Title.
58.—This Act may be cited as “The Prevention of Electoral Abuses Act, 1923.”
FIRST SCHEDULE.
PART I. Persons legally employed for payment.
One election agent and no more.
In a county constituency one deputy election agent (in this Act referred to as a sub-agent) to act within each polling district, and no more.
One personation agent at each polling station and no more.
In a borough constituency, a number of clerks and messengers, not exceeding in number one clerk and one messenger for every complete five hundred electors in the constituency, and if there is a number of electors over and above any complete five hundred of electors, then one clerk and one messenger may be employed for such number, although not amounting to a complete five hundred.
In a county constituency, for the central committee room one clerk and one messenger for every complete five thousand electors in the constituency; and if there is a number of electors over and above any complete five thousands of electors, then one clerk and one messenger may be employed for such number although not amounting to a complete five thousand.
In a county constituency a number of clerks and messengers not exceeding in number one clerk and one messenger for each polling district in the constituency, or where the number of electors in a polling district exceeds five hundred, one clerk and one messenger for every complete five hundred electors in the polling district, and if there is a number of electors over and above any complete five hundred or complete five hundreds of electors, then one clerk and one messenger may be employed for such number although not amounting to a complete five hundred: Provided always that the number of clerks and messengers so allowed in any constituency may be employed in any polling district where their services may be required.
In a university constituency, one clerk for every complete thousand electors in the constituency; and if there is a number of electors over and above any complete thousand of electors, then one clerk may be employed for such number although not amounting to a complete thousand.
PART II. Legal Expenses in Addition to Expenses under Part I.
The personal expenses of the candidates.
The expenses of printing, the expenses of advertising, and the expenses of publishing, issuing, and distributing addresses and notices,
The expenses of stationery, messages, postage, and telegrams.
The expenses of holding public meetings.
In a borough constituency the expenses of one committee room for every complete five hundred electors in the constituency; and if there is a number of electors over and above any complete five hundreds of electors, then of one committee room for such number although not amounting to a complete five hundred.
In a county constituency the expenses of a central committee room, and in addition of a number of committee rooms not exceeding in number one committee room for each polling district in the constituency; and where the number of electors in a polling-district exceeds five hundred one additional committee room may be hired for every complete five hundred electors in such polling-district over and above the first five hundred.
In a university constituency the expenses of one committee room.
Expenses in respect of miscellaneous matters other than those mentioned in Part I. and in this Part of this Schedule, so nevertheless that such expenses are not incurred in respect of any matter or in any manner constituting an offence under this or any other Act, or in respect of any matter or thing, payment for which is expressly prohibited by this or any other Act.
PART III. Maximum Scale.
The expenses mentioned in Parts I. and II. of this Schedule, other than personal expenses and the fee, if any, paid to the election agent (not exceeding in the case of a county election seventy-five pounds and of a borough election fifty pounds, without reckoning for the purposes of that limit any part of the fee which may have been included in the expenses first above mentioned) shall not exceed an amount equal—
in the case of a county election to fivepence for each elector on the register;
in the case of an election for a borough to fourpence for each elector on the register.
Where there are two or more joint candidates at an election the maximum amount of expenses in Parts I., II., and III. of this Schedule shall, for each of the joint candidates, be the amount produced by multiplying a single candidate's maximum by one-and-a-half and dividing the result by the number of joint-candidates.
PART IV. General.
For the purposes of this Schedule the number of electors in a constituency or a polling district at any election shall be the number of electors whose names appear on the register of electors for the time being in force for that constituency or district as being entitled to vote at that election.
Where the same election agent is appointed by or on behalf of two or more candidates at an election, or where two or more candidates, by themselves or any agent or agents, hire or use the same committee rooms for such election, or employ or use the services of the same sub-agents, clerks, messengers, or polling agents at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed for the purpose of this enactment to be joint candidates at such election:
Provided that—
- (a) The employment and use of the same committee room, sub-agent, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates.
- (b) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates.
SECOND SCHEDULE.
| Session and Chapter | Short Title. | Extension of Repeal. |
| 13 & 14 Vic. c. 69. | Representation of the People (Ireland) Act, 1850. | Secs. 90, 91, 92, 93, 94, 95, 96, 97. |
| 17 & 18 Vic. c. 102. | Corrupt Practices Prevention Act, 1854. | Secs. 2, 3, 7, 8. |
| 35 & 36 Vic. c. 33. | The Ballot Act, 1872. | Part III. |
| 46 & 47 Vic. c. 51. | The Corrupt and Illegal Practices Prevention Act, 1883. | Sections 1 to 39 so far as unrepealed. Section 61. Schedules 1 & 2. |
| 48 & 49 Vic. c. 56. | Parliamentary Elections Corrupt Practices Act, 1885. | The whole Act. |
| 58 & 59 Vic. c. 40. | Corrupt and Illegal Practices Prevention Act, 1895. | The whole Act. |
| 8 Geo. V. c. 64. | Representation of the People Act, 1918. | The whole Act so far as unrepealed. |
Note:—The repeal of the above enactments effected by this Act does not prejudice the applications of such enactments to Local Government Elections.
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