ELECTORAL (POLLING CARDS) ACT, 1943

AN ACT TO PROVIDE FOR THE SENDING BY RETURNING OFFICERS TO VOTERS AT GENERAL ELECTIONS OF MEMBERS OF DÁIL ÉIREANN HELD DURING THE PRESENT NATIONAL EMERGENCY OF INFORMATION AS TO THEIR NUMBER ON THE REGISTER OF ELECTORS AND THEIR PLACE OF VOTING. [18th May, 1943.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “register of Dáil electors” means a register of persons entitled to vote at an election of members or a member of Dáil Eireann;

the expression “the present national emergency” means the national emergency affecting the vital interests of the State which was declared by resolutions passed by each House of the Oireachtas on the 2nd day of September, 1939, to exist;

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

2 Sending of polling cards by returning officers.

2.—(1) Whenever, at a general election of members of Dáil Eireann held during the present national emergency, the election in any constituency is adjourned for the purpose of taking a poll, the returning officer for such constituency shall send by post in accordance with this Act to every elector whose name is on the register of Dáil electors for such constituency and is not on the postal voters' list for such constituency a card (in this Act referred to as a polling card) in the prescribed form informing such elector of his number (including polling district letter) on such register and of the situation of the polling place in which such elector will be entitled to vote at such election.

• (2) Every polling card sent under this Act to an elector in any constituency shall be addressed to such elector by the name and at the address by and in respect of which he is registered in the register of Dáil electors for that constituency and shall be sent at such time that it would be delivered in the ordinary course of post at that address not later than the third day before the polling day at the election to which it relates.

• (3) Every polling card shall be delivered by the returning officer to the nearest Head Post Office or such other post office as may be arranged with the Head Postmaster and shall immediately be forwarded free of charge by the Head Postmaster or the postmaster of such other post office (as the case may be) for delivery to the person to whom it is addressed.

3 Returning officer's expenses.

3.—The expenses incurred by a returning officer in complying with this Act at an election shall be expenses incurred by him for the purposes of such election within the meaning of section 25 of the Electoral Act, 1923 (No. 12 of 1923), and that section shall apply and have effect accordingly.

4 Validity of election notwithstanding failure to comply with this Act.

4.—(1) No election shall be invalidated by reason of the failure of the returning officer to send a polling card in accordance with this Act to any elector or by reason of the non-delivery of a polling card to any elector or of any error or mis-statement in any polling card sent in pursuance of this Act, nor shall any election be questioned on the ground of any such failure, non-delivery, error, or mis-statement.

• (2) No action or other proceeding shall lie or be brought against a returning officer in respect of any failure by him to send a polling card in accordance with this Act to any elector or in respect of any error or mis-statement in any polling card so sent by him.

5 Short title and collective citation.

5.—(1) This Act may be cited as the Electoral (Polling Cards) Act, 1943.

• (2) The collective citation “the Electoral Acts, 1923 to 1943,” shall for all purposes include this Act.