Seanad Electoral (University Members) Act , 1937

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Seanad Electoral (University Members) Act, 1937.

2 Commencement.

2.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the People.

3 Definitions.

3.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “Seanad general election” means so much of a general election of members of Seanad Eireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by the said Article 18 to be elected by universities;

the expression “the first Seanad general election” means the first Seanad general election held after the commencement of this Act;

the expression “Seanad bye-election” means an election of a member of Seanad Eireann to fill the place of a member who was elected by a university and has vacated his seat by death, resignation, or disqualification;

the expression “Seanad election” includes both a Seanad general election and a Seanad bye-election;

the word “election” when used without qualification includes both a general election and a bye-election;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

4 Regulations.

4.—The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

5 Expenses.

5.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Constituencies, Franchise, and Registration.

6 Constituencies and electors.

6.—(1) At every Seanad election—

(a) the National University of Ireland shall be a constituency (in this Act referred to as the National University constituency) for the election of three members of Seanad Eireann, and

(b) the University of Dublin shall be a constituency (in this Act referred to as the Dublin University constituency) for the election of three members of Seanad Eireann, and

(c) every person who is for the time being registered as an elector in the register of electors for the National University constituency shall be entitled to vote in that constituency, and

(d) every person who is for the time being registered as an elector in the register of electors for the Dublin University constituency shall be entitled to vote in that constituency.

(2) No person shall be entitled to vote at an election in a university constituency unless he is registered as an elector in the register of electors for that constituency.

(3) Nothing in this section shall entitle any person to vote at an election in a university constituency while he is prohibited by law from so voting, nor shall anything in this section relieve any person from any penalties to which he may be liable for so voting.

(4) The National University constituency and the Dublin University constituency are in this Act referred to as university constituencies and the expression “university constituency” shall in this Act be construed accordingly.

7 Franchise.

7.—(1) Every person who is a citizen of Ireland and has received a degree (other than an honorary degree) in the National University of Ireland and has attained the age of twenty-one years shall be entitled to be registered as an elector in the register of electors for the National University constituency.

(2) Every person who is a citizen of Ireland and has received a degree (other than an honorary degree) in the University of Dublin or has obtained a foundation scholarship in that University or, if a woman, has obtained a non-foundation scholarship in the said University and (in any case) has attained the age of twenty-one years shall be entitled to be registered as an elector in the register of electors for the Dublin University constituency.

8 Registers of electors.

8.—(1) The governing body of every university which is a university constituency shall cause a register (in this Act referred to as a register of electors) to be kept in accordance with this Act of the persons who are for the time being entitled to be registered as electors in such constituency.

(2) Every register of electors kept under this Act in respect of a university constituency shall be in such form as the governing body of the university forming such constituency shall, with the sanction of the Minister, direct.

(3) The register of electors prepared and kept in pursuance of the Electoral Act, 1923 (No. 12 of 1923), which came into force on the 1st day of June, 1937, for the National University of Ireland constituency established by that Act shall, immediately upon the commencement of this Act, become and be the register of electors for the purposes of this Act of the National University constituency and shall thenceforth be kept in accordance with this Act by the governing body of the National University of Ireland.

(4) The register of electors prepared and kept in pursuance of the Electoral Act, 1923 (No. 12 of 1923), which came into force on the 1st day of June, 1937, for the Dublin University constituency established by that Act shall, immediately upon the commencement of this Act, become and be the register of electors for the purposes of this Act of the Dublin University constituency and shall thenceforth be kept in accordance with this Act by the governing body of Dublin University.

(5) No fee shall be charged by the governing body of a university in respect of the registration of any person in the register of electors for the university constituency consisting of such university.

9 Registration officers and annual revision of registers.

9.—(1) There shall be a registration officer for each of the university constituencies who shall be appointed and paid by the governing body of the university forming the constituency.

(2) It shall be the duty of every registration officer of a university constituency to revise annually. in accordance with the rules contained in the First Schedule to this Act, the register of electors for such constituency.

(3) Every annual revision, in pursuance of this section, of a register of electors shall be completed before and shall come into effect on the 1st day of June and shall be so made as to render such register of electors an accurate register, so far as may be practicable, of the persons who were qualified on the next preceding 15th day of November to be registered in such register of electors.

10 Contents of registers of electors.

10.—The register of electors for each university constituency shall contain the names of all persons who are entitled under this Act to be registered as electors in that constituency, and shall also contain, in respect of every such person, the address at which he is normally resident and also, if he so desires, another address as the address to which his ballot papers are to be sent.

11 Appeals from the registration officer.

11.—(1) An appeal shall lie to a Judge of the Circuit Court assigned to the Circuit which consists of or includes the county borough of Dublin from any decision of the registration officer for a university constituency on any claim or objection which has been considered by him under this Act.

(2) An appeal shall lie to the High Court on points of law only from a decision of a Judge of the Circuit Court on an appeal under the foregoing sub-section of this section.

(3) No appeal shall lie from a decision of the High Court on an appeal under the next preceding sub-section of this section.

(4) As soon as may be after a decision on an appeal under this section the registrar of the Court shall send to the registration officer notice of such decision, and the registration officer shall make such alterations in the register of electors as shall be necessary to give effect to such decision.

(5) On any appeal under this section, the registration officer shall be named as the respondent or one of the respondents.

PART III. Conduct of Elections.

12 Appointment of days and times at Seanad general elections.

12.—(1) Before every Seanad general election, the Minister shall by order appoint for the purposes of such election—

(a) the day (in this Act referred to as the last day for receiving nominations) which shall be the last day on which the returning officer shall receive nominations of candidates in university constituencies;

(b) the day (in this Act referred to as the day for the issue of ballot papers) on which the ballot papers are to be issued and posted to electors in university constituencies;

(c) the day and hour (in this Act referred to as the close of the poll) at which the poll in university constituencies shall be closed.

(2) In the case of the first Seanad general election, the order under this section shall be made as soon as conveniently may be after the commencement of this Act and, in the case of every subsequent Seanad general election, the order under this section shall be made within seven days after the dissolution of Dáil Eireann which occasions such general election.

(3) Every order made by the Minister under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

13 Seanad bye-election orders.

13.—(1) Whenever the Clerk of Seanad Eireann by direction of Seanad Eireann informs the Minister that a vacancy has occurred in the membership of Seanad Eireann by reason of the death, resignation, or disqualification of a member thereof who was elected thereto by a university constituency, the Minister shall, as soon as conveniently may be and, in any case, not more than six months after receiving such information, by order (in this Act referred to as a Seanad bye-election order) direct a bye-election to be held in such constituency to fill such vacancy and shall by such order appoint for the purposes of such bye-election the last day for receiving nominations, the day for the issue of ballot papers, and the day and hour for the close of the poll.

(2) Whenever the Minister makes a Seanad bye-election order, the bye-election directed by such order shall be held in accordance with such order and this Act.

14 Returning officers.

14.—(1) At every election in the National University constituency the Vice-Chancellor of the National University shall be the returning officer.

(2) At every election in the Dublin University constituency, the Provost of Trinity College, Dublin, shall be the returning officer.

(3) If at the time of an election in a university constituency the office mentioned in this section as constituting the holder thereof returning officer for such constituency is vacant, or the holder of that office is through ill-health or from any other cause incapacitated from acting as returning officer in such election, the governing body of the university forming such constituency shall appoint some other officer of that university to be returning officer for such constituency in such election.

15 Duty of returning officer to conduct elections.

15.—(1) It shall be the duty of the returning officer for a university constituency to conduct every election held in such constituency, to count the votes cast thereat, and to ascertain and declare the result thereof in accordance with this Act and the rules contained in the Second and Third Schedules to this Act and to do such other matters and things in respect of such election as he is required by this Act or the said rules to do.

(2) The Minister for Finance shall prepare a scale of maximum charges for returning officers in university constituencies, and every such returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges, in respect of his services and expenses in relation to every election in the university constituency in which he is returning officer, not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

16 Nomination of candidates.

16.—(1) Every candidate at an election in a university constituency shall be nominated in writing on a nomination paper subscribed by two registered electors of the constituency as proposer and seconder respectively and by eight other registered electors of the constituency as assenting to the nomination.

(2) No person who is for the time being disqualified from or incapable of being elected as a member of Dáil Eireann shall be a candidate at an election in a university constituency.

(3) An elector may subscribe (whether as proposer, seconder, or assenting elector) as many nomination papers as there are vacancies to be filled and no more.

(4) Every candidate shall be described in the nomination paper by his name, address, and description in such manner as, in the opinion of the returning officer, is calculated sufficiently to identify such candidate.

(5) Every nomination paper shall be in the prescribed form, and the returning officer shall supply to any registered elector of the constituency such number of forms of nomination paper as he shall reasonably require.

17 Publication of notice of times and places.

17.—(1) At every election in a university constituency the returning officer in such constituency shall, at the times mentioned in the next following sub-section of this section, give public notice in such manner as he shall think proper of the following matters, that is to say:—

(a) the times and places at which forms of nomination papers may be obtained from him;

(b) the day appointed under this Act to be the last day for receiving nominations;

(c) the place at which he will attend to receive nominations on the last day for receiving nominations;

(d) the day appointed under this Act to be the day of issue of ballot papers and the time and place at which he will issue ballot papers on that day;

(e) the day and hour appointed under this Act for the close of the poll.

(2) The notice required by the foregoing sub-section of this section to be given by the returning officer shall, in the case of a Seanad general election, be given not more than three days after the date of the order of the Minister appointing the last day for receiving nominations at such election and, in the case of a Seanad bye-election, shall be given not more than three days after the date of the Seanad bye-election order in respect of such election.

18 Receipt of nomination papers by the returning officer.

18.—(1) Every nomination paper shall be delivered to the returning officer by the candidate thereby nominated or by the person named therein as proposer or as seconder and shall be so delivered after the publication of the notice published in pursuance of the next preceding section of this Act and before twelve o'clock noon on the last day for receiving nominations and, if so delivered before ten o'clock in the forenoon on that day, shall be retained by the returning officer until the last-mentioned hour.

(2) On the last day for receiving nominations the returning officer shall attend at the place mentioned in that behalf in the said notice published in pursuance of the next preceding section of this Act during the whole of the period from ten o'clock in the forenoon until twelve o'clock noon to receive nominations, and shall, at the beginning of such period, produce all nomination papers previously received by him and shall, during the remainder of such period, receive any other nomination papers tendered to him.

(3) All objections to a nomination paper shall be made to the returning officer at the said place and during the said period for receiving nominations and shall be considered and ruled upon by the returning officer during or as soon as conveniently may be after the said period but not later than one o'clock in the afternoon on the last day for receiving nominations.

(4) If at one o'clock in the afternoon on 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 who so stand nominated to be elected and return their names to the Clerk of Dáil Eireann and (except in the case of the first Seanad general election) to the Clerk of Seanad Eireann.

(5) In the case of the first Seanad general election, a copy of the return required by the next preceding sub-section of this section to be made to the Clerk of Dáil Eireann shall be sent by the returning officer to the Clerk of Seanad Eireann as soon as may be after such Clerk has been appointed.

(6) If at one o'clock in the afternoon on the last day for receiving nominations more candidates stand nominated than thereare vacancies to be filled, the returning officer shall adjourn the election and take a poll in accordance with this Act.

(7) The ruling of the returning officer on an objection to a nomination paper or on any other question arising in relation to the nomination of the candidates shall be final and shall not he open to review by any Court.

(8) Every candidate nominated by a nomination paper and his proposer and seconder and one other person nominated by him and no other persons (except assistants employed by the returning officer) shall be entitled to attend the proceedings during the receipt of and ruling upon the nomination papers.

19 Withdrawal of candidates.

19.—(1) A candidate may, before one o'clock in the afternoon on the last day for receiving nominations but not later, withdraw from his candidature by delivering a notice to that effect, signed by him, to the returning officer.

(2) Where a candidate has been nominated while he is absent from Ireland, his proposer and seconder may, before one o'clock on the last day for receiving nominations but not later, withdraw such candidate by a written notice to that effect signed by them and delivered to the returning officer together with a written declaration of the absence of such candidate from Ireland.

(3) If, after the adjournment of an election by the returning officer for the purpose of taking a poll, one of the candidates nominated dies before the day for the issue of ballot papers, the returning officer shall, upon being satisfied of the fact of such death, countermand the poll and thereupon all the proceedings with reference to the election shall be commenced afresh and for that purpose the Minister shall by order appoint new days for receiving nominations and for the issue of ballot papers and a new day and hour for the close of the poll, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the poll.

20 Ballot papers.