ELECTORAL (AMENDMENT) ACT, 1927

AN ACT TO MAKE SUCH AMENDMENTS IN THE ELECTORAL ACT 1923 AS ARE RENDERED NECESSARY BY THE RECENT ACTS AMENDING THE CONSTITUTION OR ARE OTHERWISE DESIRABLE AND TO FIX THE MAXIMUM DURATION OF THE OIREACHTAS. [22nd May, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions and interpretation.

1.—(1) In this Act—

the expression “the Principal Act” means the Electoral Act, 1923 (No. 12 of 1923);

references to Article 21 of the Constitution shall be construed as referring to that Article as amended by the Constitution (Amendment No. 2) Act, 1927 (No. 6 of 1927);

the expression “the outgoing Ceann Comhairle” means the member of Dáil Eireann who is the Chairman of Dáil Eireann immediately before a dissolution of the Oireachtas;

the word “prescribed” means prescribed by the Minister for Local Government and Public Health; and

all other words and expressions used in this Act which are also used in the Principal Act have the same meanings in this Act as they respectively have in the Principal Act.

• (2) Section 60 (which relates to the computation of time) of the Principal Act shall apply to the computation of periods of time limited or appointed by this Act in like manner as it applies to the computation of periods of time limited or appointed by the Principal Act.

2 Re-election of outgoing Ceann Comhairle.

2.—Whenever at a general election the outgoing Ceann Comhairle is by virtue of Article 21 of the Constitution to be deemed to have been elected for a constituency without any actual election the following provisions shall have effect, that is to say:—

• (a) the outgoing Ceann Comhairle shall not be deemed to be a candidate at such general election within the meaning of the Principal Act or of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923),

• (b) the writ to be issued under sub-section (1) of section 54 of the Principal Act to the returning officer in the constituency for which the outgoing Ceann Comhairle is so to be deemed to have been elected shall be so worded that it directs such returning officer to cause an election to be held of one less than the full number of members of the Dáil for such constituency,

• (c) at the time of issuing such writ to such returning officer or as soon as may be thereafter the Clerk of the Dáil shall send to such returning officer and publish in the Iris Oifigiúil a certificate in the prescribed form certifying that the outgoing Ceann Comhairle did not before the said dissolution announce to Dáil Eireann that he did not desire to continue to be a member thereof,

• (d) the public notice given by such returning officer under Rule 43 of the Fifth Schedule to the Principal Act shall include the name of the outgoing Ceann Comhairle in the names of the candidates elected,

• (e) if the outgoing Ceann Comhairle dies before the issue of such writ to such returning officer this section shall forthwith cease to apply,

• (f) if the outgoing Ceann Comhairle dies after the issue of such writ to such returning officer and before the commencement of the polling in such constituency the Clerk of the Dáil shall, upon being satisfied of the fact of such death, recall such writ and issue in lieu thereof a new writ for the election of the full number of members of the Dáil for such constituency and such returning officer, upon receiving such new writ or upon being satisfied of the fact of such death (whichever first happens), shall countermand the notice of the poll, and thereupon all the proceedings with reference to the election shall be commenced afresh, and in such fresh election the last days for receiving nominations and the day of the poll shall be fixed in the manner provided by the Principal Act for the case of a bye-election, and for that purpose the said new writ shall be deemed to be the writ for such fresh election, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of such countermand of the poll.

3 Day and hours of poll.

3.—(1) So much of sub-section (1) of section 18 of the Principal Act as enacts that at a general election the poll shall in all cases be held on the first Monday not being earlier than the seventh day after the last day for receiving nominations is hereby repealed, and in lieu thereof it is hereby enacted that at a general election the poll shall be held on such day not being earlier than the sixth nor later than the fourteenth day after the last day for receiving nominations as the Minister shall appoint, and the Minister may so appoint a different day for the holding of the poll in University constituencies from that so appointed for the holding of the poll in all other constituencies.

• (2) The words “and shall be proclaimed a public holiday” in sub-section (1) of section 41 of the Principal Act are hereby repealed.

• (3) Sub-sections (3) and (4) of section 41 of the Principal Act are hereby repealed, and in lieu thereof it is hereby enacted that the poll, if any, at a Dáil election shall commence at nine o'clock in the forenoon, and be kept open till nine o'clock in the afternoon, and no longer.

4 Commencement of register of electors in university constituencies.

4.—Notwithstanding anything to the contrary contained in section 15 of the Principal Act, in every university constituency the register of electors who were qualified on the 15th day of November, 1926 shall come into force on the 1st day of June, 1927, and the register of electors who are qualified on any subsequent 15th day of November shall come into force on the next following 1st day of June.

5 Registered electors entitled to subscribe nomination papers.

5.—Whenever the date appointed by the Principal Act or this Act for the coming into force of a new register of electors occurs after the issue of the writs for a general election or the writ for a bye-election and on or before the last day for receiving nominations for such general election or bye-election (as the case may be), the expression “registered elector” in sub-section (1) of section 19 of the Principal Act shall be construed as meaning a person who is registered as an elector either in such new register of electors or in the register of electors which was in force immediately before the coming into force of such new register, and the said sub-section shall have effect accordingly.

6 Insertion of additional particulars in ballot paper.

6.—The Principal Act shall be construed and have effect as if the Form of Ballot Paper set out in Part I of the Schedule to this Act were inserted in Part III of the Fifth Schedule to the Principal Act in lieu of Form No. 6 now contained in the said Part III of the said Fifth Schedule and the Directions as to Printing Ballot Paper set out in Part II of the Schedule to this Act were inserted at the end of Form No. 7 in the said Part III of the said Fifth Schedule to the Principal Act in lieu of the Directions as to Printing Ballot Paper now set out at the end of the said Form No. 7 in the said Part III of the said Fifth Schedule.

7 Maximum duration of the Oireachtas.

7.—The maximum duration of the Oireachtas without a dissolution shall be five years reckoned from the date of the first meeting of Dáil Eireann after the last previous dissolution, and if a dissolution of the Oireachtas does not take place before the last day of any such period of five years the Oireachtas shall be dissolved on such last day.

8 Short title and citation.

8.—(1) This Act may be cited as the Electoral (Amendment) Act, 1927.

• (2) The Principal Act, the Local Government Electors Registration Act, 1924 (No. 7 of 1924), the Electoral (Seanad Elections) Act, 1925 (No. 34 of 1925), and this Act may be cited together as the Electoral Acts, 1923 to 1927.

SCHEDULE. FORMS.

PART I.

FORM OF BALLOT PAPER.

(To be used only in elections at which there are more than two candidates.)

Form of Front of Ballot Paper.

Form of Back of Ballot Paper.

Number

Election for County (or Borough or University) Constituency

Note.—The number on the back of the ballot paper is to correspond with that on the counterfoil.

PART II.

DIRECTIONS AS TO PRINTING BALLOT PAPER.

Nothing is to be printed on the ballot paper, except in accordance with this Schedule.

The surname of each candidate shall be printed in large characters, as shown in the form, and their other names and their addresses and descriptions, and the number on the back of the paper, shall be printed in small characters.

Whenever the surnames of two or more candidates are the same there shall be also printed in large characters the other names of such candidates and so much of the description of each of such candidates as appearing in their respective nomination papers, whether rank, profession, occupation or abode, as will, in the opinion of the Returning Officer, effectively distinguish such candidate.