LegalizeElectoral Act , 1963
(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the agents of the candidates, companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors, and members of the Garda Síochána on duty.
(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person.”
50 Voting by postal voters.
50.—Notwithstanding the repeal by this Act of section 12 of the Electoral Act, 1960, the following subsections shall continue to stand substituted for subsections (2) and (3) of section 29 of the Principal Act:
“(2) Every local returning officer shall, as soon as practicable after he receives from the presidential returning officer notice of the adjournment of a presidential election for the purpose of taking a poll, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.
(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”
51 Right to vote.
51.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote in that constituency at the poll at a presidential election.
(2) For the purposes of this section—
(a) a person's name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the local returning officer or presiding officer was intended to be the person's name,
(b) the local returning officer or presiding officer may and, if so required on behalf of any candidate, shall put to any person at the time of his applying for a ballot paper, but not afterwards, the following questions, or any one or two of them:
(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of ____?
(ii) Have you already voted at this presidential election?
(iii) Had you reached the age of twenty-one years on ____ (date of coming into force of the register)?
and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote,
(c) the local returning officer or presiding officer may and, if so required on behalf of any candidate, shall administer to any person at the time of his applying for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:—
“I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I am the same person as the person whose name appears as A B on the register of electors now in force for the constituency of _ and that I have not already voted at this election, and that I had attained the age of twenty-one years on ______ (date of coming into force of the register).”
and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.
(3) Save as is provided by this section and by Rule 17 of the First Schedule to the Principal Act, no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a presidential election as to the right of any person to vote, and no objection thereto shall be made or received by any local returning officer or presiding officer.
(4) (a) A person—
(i) who is registered in the register of Dáil electors for the time being in force for a constituency but is not entitled to be so registered, or
(ii) who is not registered in that register,
shall not vote in that constituency at the poll at a presidential election.
(b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.
52 Ballot paper.
52.—(1) The following section is hereby substituted for section 27 of the Principal Act:
“27.—(1) Votes at a presidential election shall be given by ballot and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) in form 8 in the Second Schedule to this Act.
(2) The presidential returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers.”
(2) The form and directions set out in the Third Schedule to this Act are hereby substituted for form 8 in the Second Schedule to the Principal Act and the presidential returning officer shall comply with such directions.
53 Amendment of section 28 (2) of and Rule 11 of Third Schedule to Principal Act.
53.—(1) Subsection (2) of section 28 of the Principal Act is hereby amended by the addition at the end of the subsection of “but the ballot paper shall not be invalid by reference only to carrying the words ‘one’, ‘two’, ‘three’ (and so on) or a mark such as ‘X’ which, in the opinion of the local returning officer, clearly indicates a preference or preferences.”
(2) Rule 11 of the Third Schedule to the Principal Act is hereby amended by the substitution of the following definitions for the definitions of “first preference”, “second preference” and “the next available preference”:
“the expression ‘first preference’ means the figure ‘1’, the word ‘one’ or a mark such as ‘X’ which, in the opinion of the local returning officer, clearly indicates a first preference; the expression ‘second preference’ means the figure ‘2’, the word ‘two’ or a mark which, in the opinion of the local returning officer, clearly indicates a second preference, standing in succession to a first preference; the expression ‘the next available preference’ means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, preferences for candidates already excluded being ignored;”
54 Amendment of section 32 of Principal Act.
54.—(1) The application, by virtue of subsection (1) of section 32 of the Principal Act, of the following portions of the Prevention of Electoral Abuses Act, 1923, is hereby terminated: paragraph (c) of subsection (2) of section 1, section 4, subsection (3), (4) and (5) of section 6, sections 9, 10, 11 and 14, all words in section 15 from “and shall” to the end of the section, sections 20 and 45 and the definition of “committee room” in section 56.
(2) In any application, by virtue of subsection (1) of section 32 of the Principal Act, of subsection (1) or (2) of section 6 or section 15 of the Prevention of Electoral Abuses Act, 1923, the said subsection (1) or (2) or section 15 shall have effect as amended by section 90 of this Act.
(3) (a) In paragraph (b) of subsection (1) of section 32 of the Principal Act the reference to Part II of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 13A (inserted by section 90 of this Act) of the latter Act and, in any application by virtue of that paragraph of section 15 of the latter Act, the reference in the said section 15 to the foregoing sections of the latter Act shall be construed as including a reference to the said section 13A.
(b) In paragraph (d) of subsection (1) of section 32 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 55A (inserted by section 90 of this Act) of the latter Act.
(c) In subsection (2) of section 32 of the Principal Act the expression “the said portions of the Prevention of Electoral Abuses Act, 1923” shall be construed as including a reference to the said sections 13A and 55A.
55 Amendment of Rule 1 of First Schedule to Principal Act.
55.—The following Rule is hereby substituted for Rule 1 of the First Schedule to the Principal Act:
“1. (1) It shall be lawful for any local returning officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer.
(2) Where at a contested presidential election the same person is local returning officer for two or more constituencies, he shall—
(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes,
(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.
(3) A person shall not be appointed under paragraph (2) of this Rule unless the appointment has been approved of by the Minister.
(4) Subject to the provisions of the foregoing paragraphs, the local returning officer for a constituency shall conduct a presidential election in such constituency unless he is prevented from so doing by illness or other reasonable cause sufficient in the opinion of the Minister.
(5) References in the subsequent Rules of this Schedule to local returning officers shall, where appropriate, include references to deputy local returning officers.”
56 Amendment of Rule 15 of First Schedule to Principal Act.
56.—Rule 15 of the First Schedule to the Principal Act is hereby amended by the substitution of “with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper” for “on both sides with the official mark, either stamped or perforated”.
57 Voting by blind, incapacitated, and illiterate persons.
57.—(1) The following Rule is hereby substituted for Rule 17 of the First Schedule to the Principal Act:
“17. (1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is so illiterate that he is unable to vote without assistance, this Rule shall apply.
(b) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated or—that I am so illiterate—as the case may be) that I am unable to vote without assistance’
and if the elector refuses to take the oath or make the affirmation, this Rule shall not apply.
(2) (a) Where this Rule applies in the case of an elector who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the elector may request that his ballot paper shall be marked for him by a companion and, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall forthwith place it so marked in the ballot box.
(b) The presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
(i) Have you attained the age of sixteen years?
(ii) Have you marked as a companion more than one ballot paper at this election?
(iii) Are you a candidate at this election?
(iv) Are you an agent of a candidate at this election?
and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.
(3) Where this Rule applies and—
(a) the elector is illiterate, or
(b) the elector does not request that his ballot paper shall be marked for him by a companion, or
(c) the elector having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,
the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall forthwith place the ballot paper so marked in the ballot box.
(4) A request made by an elector within four hours before the hour fixed for the closing of the poll to have his ballot paper marked for him under this Rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.
(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the elector by reading out in full from the ballot paper, as respects each candidate, the particulars stated in respect of him, but he shall not act on any written instruction.”
(2) (a) Where, pursuant to paragraph (2) of Rule 17 of the First Schedule to the Principal Act, a person has marked as a companion two ballot papers, he shall not, at the same presidential election, mark as a companion any other ballot paper.
(b) A person shall not, pursuant to paragraph (2) of Rule 17 of the First Schedule to the Principal Act, mark as a companion a ballot paper at a presidential election if he is a candidate or agent of a candidate at that election,
(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
58 Alleged personation.
58.—The following Rule is hereby substituted for Rule 18 of the First Schedule to the Principal Act:
“18. If a person, representing himself to be a particular elector named on the register of electors, applies for a ballot paper after another person has been given a ballot paper as such elector, the applicant shall, upon duly answering the questions permitted by this Act to be asked of voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector, and to put the ballot paper when marked into the ballot box, but the presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the names and numbers on the register of electors of the persons to whom they were issued.”
59 Duties of presiding officer at close of poll.
59.—The following Rule is hereby substituted for Rule 21 of the First Schedule to the Principal Act:
“21. The presiding officer shall, at the time fixed for the close of the poll, take steps to ensure that no further electors are admitted to the polling station and, subject to the proviso that an elector on the premises at that time shall be entitled to receive a ballot paper and to vote, the presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the personation agents of the candidates, seal each ballot box, unopened but with the key attached, so that no further papers can be inserted therein and make up into separate packets sealed with his seal—
(a) the unused and spoilt ballot papers, placed together,
(b) the marked copies of the register of electors, and
(c) the counterfoils of the ballot papers,
and shall deliver all such ballot boxes and packets to the local returning officer.”
60 Amendment of Rules 22A, 23 and 24 of First Schedule to Principal Act.
60.—The following Rules are hereby substituted for Rules 22A, 23 and 24 of the First Schedule to the Principal Act:
Place for opening of ballot boxes, etc,
“22A. (1) The local returning officer for a constituency—
(a) shall appoint the place at which he will open the ballot boxes,
(b) shall open the ballot boxes at the place so appointed,
(c) shall, at least forty-eight hours before the hour of 9 a.m. on the day next after the close of the poll, give to every local agent of a candidate notice in writing of the place so appointed,
(d) shall give every local agent of a candidate and every agent appointed under Rule 24 of this Schedule all such reasonable facilities for overseeing the proceedings at the count (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and all such information with respect thereto, as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions,
(e) shall provide suitable accommodation and all equipment necessary for counting the votes.
(2) The place appointed under subparagraph (a) of the foregoing paragraph shall be within the constituency, but—
(a) in case the constituency consists of a part which is part of a county borough and a part which is outside that borough, it may be—
(i) within the other part of that borough, or
(ii) with the consent of the Minister, outside that borough and outside, but convenient to, the constituency, and
(b) in any other case, it may be, with the consent of the Minister, outside, but convenient to, the constituency.
Opening of ballot boxes.
At the hour of 9 a.m. on the day next after the close of the poll in a constituency and at the place appointed by him under Rule 22A of this Schedule, the local returning officer for that constituency shall begin to open the ballot boxes used at the poll in that constituency, take out the ballot papers therein, count and record the numbers thereof, and then mix them together.
Candidates' agents at opening of ballot boxes.
Every local agent of a candidate may appoint agents to attend on behalf of such candidate the opening of the ballot boxes in his constituency by the local returning officer and the proceedings consequent on such opening. Not more than five agents shall be appointed by a particular local agent unless the local returning officer otherwise permits.”
61 Amendment of Rules 27, 39 and 40 of First Schedule to Principal Act.
61.—(1) Notwithstanding the repeal by this Act of paragraph (d) of section 3 of the Presidential Elections (Amendment) Act, 1946, “eleven” shall continue to stand substituted for “seven” in Rules 27 and 39 of the First Schedule to the Principal Act.
(2) Rule 40 of the First Schedule to the Principal Act is hereby amended by the insertion of “from the date on which the poll took place” after “for six months”.
62 Amendment of Rule 8 of Third Schedule to Principal Act.
62.—The following paragraphs are hereby added to Rule 8 of the Third Schedule to the Principal Act:
“(4) The power under the foregoing paragraph to re-examine and recount extends to papers dealt with at an earlier count than the immediately preceding one.
(5) As respects each candidate, one request (and not more) may be made by him or his principal agent for a complete re-examination and recount of all parcels of papers, and upon being so requested the presidential returning officer shall re-examine and recount the parcels of papers accordingly. In the re-examination and recount, the number or order of papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this paragraph shall make it obligatory on the presidential returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered, which is, in the opinion of the presidential returning officer, a significant error likely to affect the result of the election, the presidential returning officer shall count all the papers afresh from the point at which the error occurred.
(6) Where an error is discovered, the presidential returning officer shall, where necessary, amend any results previously announced by him.”
PART V. Referenda.
63 Interpretation and construction (Part V and Fourth Schedule).
63.—(1) In this Part of this Act “the Principal Act” means the Referendum Act, 1942.
(2) The Referendum Acts, 1942 to 1960, and this Part of and the Fourth Schedule to this Act shall be construed together as one Act.
64 Polling cards.
64.—(1) At a referendum, the local returning officer for a constituency shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list a card (in this section referred to as a polling card) in the prescribed form informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote.
(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil electors and shall be sent in sufficient time to be delivered in the ordinary course of post at that address not later than the third day before the polling day.
(3) A polling card shall be dispatched by post and shall be transmitted free of charge by the earliest practicable post.
(4) Expenses incurred by a local returning officer in complying with this section shall be expenses incurred by him for the purposes of the referendum within the meaning of section 12 of the Principal Act.
(5) No referendum shall be invalidated by reason of any failure to send, non-delivery of, or error or misstatement in, a polling card.
(6) No action or other proceeding shall lie against a local returning officer in respect of any error or misstatement in a polling card.
65 Advance polling on islands.
65.—(1) This section applies where, at a referendum, a local returning officer is of opinion that, in the case of a polling station situate on an island, it is probable that, owing to stress of weather or transport difficulties, either—
(a) the poll could not be taken on the polling day appointed by the Minister, or
(b) if the poll were taken on that day, the ballot boxes could not reach the place for the opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day.
(2) Where this section applies, the local returning officer shall give public notice in the polling district stating that he will take the poll at the polling station on the island on a specified day, being a day earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in the Principal Act, have effect:
(a) the local returning officer may take the poll at the polling station on the island on the day specified in the notice or, where he is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which in his opinion transport between the island and the mainland is reasonably safe,
(b) where owing to transport difficulties the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,
(c) where, after the polling has continued for not less than four hours, the presiding officer is of opinion that, if the poll were further continued, the ballot boxes could not reach the place for the opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.
(3) No alteration shall be made in the form or contents of the notice of poll under Rule 3 of the First Schedule to the Principal Act by reason of an alteration made under this section of the day and hours of a poll.
66 Voting by persons in employment of local returning officers.
66.—Where—
(a) a person is entitled to vote at the poll at a referendum,
(b) he is employed by the local returning officer for the constituency in which he is entitled to vote, for any purpose in connection with the poll in the constituency, and
(c) the circumstances of his employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which he would otherwise be entitled to vote,
that officer may authorise him in writing to vote at a specified other polling station in that constituency, and the polling station so specified shall, for the purpose of Rule 8 of the First Schedule to the Principal Act be deemed to be the polling station allotted to him.
67 Amendment of sections 8(1), 10(1) and 11 of Principal Act.
67.—(1) Section 11 of the Principal Act is hereby amended as follows:
(i) the following paragraph shall be inserted after paragraph (a):
“(aa) the poll shall continue for such period, not being less than twelve hours, between the hours of 8.30 a.m. and 10.30 p.m. as may be appointed in that behalf under this Act;”
(ii) the following paragraph shall be substituted for paragraph (d):
“(d) the person who would be the returning officer at a Dáil election in any such constituency shall be the returning officer in that constituency for the purposes of the poll, but where that person is prevented by illness or other reasonable cause from performing all or any of his duties as such returning officer or where a vacancy occurs in the office of returning officer, the Minister shall appoint a person to act as such returning officer for the performance of those duties during the period of the prevention or vacancy, as the case may be, and any reference in this Act to a local returning officer shall be construed as including both a reference to a person who is by virtue of this paragraph the returning officer in a constituency for the purposes of the poll and a reference to a person appointed as aforesaid by the Minister;”
(2) Subsection (1) of section 8 and subsection (1) of section 10 of the Principal Act are each hereby amended by the insertion of “and the period during which” before “the polling at”.
68 Presiding officers and poll clerks.
68.—The following section is hereby substituted for section 18 of the Principal Act:
“18. (1) The local returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer.
(2) The local returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering any particular result at the referendum.
(3) The local returning officer shall, on request, permit any member of Dáil Éireann or Seanad Éireann, or any personation agent, to inspect the list of persons to whom he has offered or proposes to offer appointments as presiding officers or poll clerks.
(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the personation agents (if any) appointed for his polling station, companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors, and members of the Garda Síochána on duty.
(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person.”
69 Voting by postal voters.
69.—(1) Notwithstanding the repeal by this Act of section 15 of the Electoral Act, 1960, the following subsections shall continue to stand substituted for subsections (2) and (3) of section 20 of the Principal Act:
“(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every person who is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.
(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”
(2) Notwithstanding the said repeal, “receipts” shall continue to stand substituted for “declarations of identity” in paragraph (c) of Rule 31 of the First Schedule to the Principal Act.
70 Right to vote.
70.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote in that constituency at the poll at a referendum.
(2) For the purposes of this sections—
(a) a person's name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the local returning officer or presiding officer was intended to be the person's name,
(b) the local returning officer or presiding officer may and, if so required by a personation agent, shall put to any person at the time of his applying for a ballot paper, but not afterwards, the following questions, or any one or two of them:
(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of ____?
(ii) Have you already voted at this referendum?
(iii) Had you reached the age of twenty-one years on ____(date of coming into force of the register)?
and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote,
(c) the local returning officer or presiding officer may and, if required by a personation agent, shall administer to any person at the time of his applying for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:—
“I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I am the same person as the person whose name appears as A B on the register of electors now in force for the constituency of _and that I have not already voted at this referendum, and that I had attained the age of twenty-one years on _(date of coming into force of the register)”
and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.
(3) Save as is provided by this section and by Rule 18 of the First Schedule to the Principal Act, no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a referendum as to the right of any person to vote, and no objection thereto shall be made or received by any local returning officer or presiding officer.
(4) (a) A person—
(i) who is registered in the register of Dáil electors for the time being in force for a constituency but is not entitled to be so registered, or
(ii) who is not registered in that register,
shall not vote in that constituency at the poll at a referendum.
(b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.
71 Forms of ballot papers.
71.—(1) At a constitutional referendum—
(a) every ballot paper shall be in the form set out in Part I of the Fourth Schedule to this Act, and
(b) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.
(2) At an ordinary referendum every ballot paper shall be in the appropriate form set out in Part II of the Fourth Schedule to this Act, and—
(a) in the case of a ballot paper in respect of one referendum, it shall contain a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum, and
(b) in the case of a ballot paper in respect of two or more referenda having the same polling day, it shall contain, in respect of each referendum, a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum.
(3) In applying, in the case of a constitutional referendum, paragraph (1) of Rule 3 of the First Schedule to the Principal Act, the following subparagraph shall be substituted for subparagraph (b) of that paragraph;
“(b) the short title of the Bill containing the proposal which is the subject of such referendum, and”.
(4) Subject to the next subsection, where the same day is the polling day at two or more ordinary referenda, separate ballot papers shall not be issued, but every ballot paper shall be so framed that the voter is able to record a separate vote in respect of each referendum.
(5) Where the same day is the polling day at two or more ordinary referenda and the Minister is of opinion that it is for any reason impracticable or inexpedient to comply with the foregoing subsection—
(a) the Minister may direct that separate ballot papers shall be issued for one or more or all of the referenda, and such papers shall be issued accordingly,
(b) where the Minister directs as aforesaid and the direction does not apply to all of the referenda—
(i) if there is only one of the referenda to which the direction does not apply, separate ballot papers shall be issued for it,
(ii) if there are two or more of the referenda to which the direction does not apply, the foregoing subsection shall apply to them.
72 Amendment of section 29 of Principal Act.
72.—(1) The application, by virtue of subsection (1) of section 29 of the Principal Act, of the following portions of the Prevention of Electoral Abuses Act, 1923, is hereby terminated: paragraph (c) of subsection (2) of section 1, section 4, subsections (3), (4) and (5) of section 6, sections 9 and 10, all words in section 15 from “and shall” to the end of the section, section 45 and the definition of “committee room” in section 56.
(2) In any application, by virtue of subsection (1) of section 29 of the Principal Act, of subsection (1) or (2) of section 6 or section 15 of the Prevention of Electoral Abuses Act, 1923, the said subsection (1) or (2) or section 15 shall have effect as amended by section 90 of this Act.
(3) (a) In paragraph (b) of subsection (1) of section 29 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 13A (inserted by section 90 of this Act) of the latter Act and, in any application by virtue of that paragraph of section 15 of the latter Act, the reference in the said section 15 to the foregoing sections of the latter Act shall be construed as including a reference to the said section 13A.
(b) In paragraph (d) of subsection (1) of section 29 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923, shall be construed as including a reference to section 55A (inserted by section 90 of this Act) of the latter Act.
(c) In subsection (2) of section 29 of the Principal Act the expression “the said portions of the Prevention of Electoral Abuses Act, 1923” shall be construed as including a reference to the said sections 13A and 55A.
73 Amendment of Rule 1 of First Schedule to Principal Act.
73.—The following Rule is hereby substituted for Rule 1 of the First Schedule to the Principal Act:
“1. (1) It shall be lawful for any local returning officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer.
(2) Where at a referendum the same person is local returning officer for two or more constituencies, he shall—
(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes,
(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.
(3) A person shall not be appointed under paragraph (2) of this Rule unless the appointment has been approved of by the Minister.
(4) Subject to the provisions of the foregoing paragraphs, the local returning officer for a constituency shall conduct a referendum in such constituency unless he is prevented from so doing by illness or other reasonable cause sufficient in the opinion of the Minister.
(5) References in the subsequent Rules of this Schedule to the local returning officer shall, where appropriate, include references to deputy local returning officers.”
74 Amendment of Principal Act as to official mark on ballot papers.
74.—“with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper” is hereby substituted for “on both sides with an official mark, either stamped or perforated” in subsection (3) of section 14 of the Principal Act and for “on both sides with the official mark, either stamped or perforated” in Rule 16 of the First Schedule thereto.
75 Voting by blind, incapacitated, and illiterate persons.
75.—(1) The following Rule is hereby substituted for Rule 18 of the First Schedule to the Principal Act:
“18. (1) (a) If any voter satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is so illiterate that he is unable to vote without assistance, this Rule shall apply.
(b) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by a personation agent, shall, administer to the voter an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated or—that I am so illiterate—as the case may be) that I am unable to vote without assistance’
and if the voter refuses to take the oath or make the affirmation, this Rule shall not apply.
(2) (a) Where this Rule applies in the case of a voter who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the voter may request that his ballot paper shall be marked for him by a companion and, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the voter and shall forthwith place it so marked in the ballot box.
(b) The presiding officer may, and, if requested by a personation agent, shall, put to the companion before delivery of the ballot paper, the following questions or any one or two of them:
(i) Have you attained the age of sixteen years?
(ii) Have you marked as a companion more than one ballot paper at this referendum?
(iii) Are you a personation agent at this referendum?
and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.
(3) Where this Rule applies and—
(a) the voter is illiterate, or
(b) the voter does not request that his ballot paper shall be marked for him by a companion, or
(c) the voter having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,
the presiding officer shall, in the presence of the personation agents (if any) and no other person, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter and shall forthwith place the ballot paper so marked in the ballot box.
(4) A request made by a voter within four hours before the hour fixed for the closing of the poll to have his ballot paper marked for him under this Rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of voters then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other voters.
(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein, but he shall not act on any written instruction.”
(2) (a) Where, pursuant to paragraph (2) of Rule 18 of the First Schedule to the Principal Act, a person has marked as a companion two ballot papers, he shall not, at the same referendum, mark as a companion any other ballot paper.
(b) A person shall not, pursuant to paragraph (2) of Rule 18 of the First Schedule to the Principal Act, mark as a companion a ballot paper at a referendum if he is a personation agent at that referendum.
(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
76 Alleged personation.
76.—The following Rule is hereby substituted for Rule 19 of the First Schedule to the Principal Act:
“19. If a person representing himself to be a particular person named on the register of electors, applies for a ballot paper after another person has been given a ballot paper as such person, the applicant shall, upon duly answering the questions permitted by this Act to be asked of voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, and to put the ballot paper when marked into the ballot box, but the presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the names and numbers on the register of electors of the persons to whom they were issued.”
77 Duties of presiding officer at close of poll.
77.—The following Rule is hereby substituted for Rule 21 of the First Schedule to the Principal Act:
“21. The presiding officer shall, at the time fixed for the close of the poll, take steps to ensure that no further voters are admitted to the polling station and, subject to the proviso that a voter on the premises at that time shall be entitled to receive a ballot paper and to vote, the presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the personation agents, seal each ballot box, unopened but with the key attached, so that no further papers can be inserted therein and make up into separate packets sealed with his seal—
(a) the unused and spoilt ballot papers placed together,
(b) the marked copies of the register of electors, and
(c) the counterfoils of the ballot papers,
and shall deliver all such ballot boxes and packets to the local returning officer.”
78 Amendment of Rules 23A and 24 of First Schedule to Principal Act.
78.—The following Rules are hereby substituted for Rules 23A and 24 of the First Schedule to the Principal Act:
“23A. (1) The local returning officer for a constituency—
(a) shall appoint the place at which he will open the ballot boxes,
(b) shall open the ballot boxes at the place so appointed,
(c) shall give to every person, nominated under Rule 29 of this Schedule and of whose nomination he receives notice, notice in writing of the place so appointed,
(d) shall give such persons all such reasonable facilities for overseeing the proceedings at the count (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and all such information with respect thereto, as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions,
(e) shall provide suitable accommodation and all equipment necessary for counting the votes.
(2) The place appointed under subparagraph (a) of the foregoing paragraph shall be within the constituency, but—
(a) in case the constituency consists of a part which is part of a county borough and a part which is outside that borough, it may be—
(i) within the other part of that borough, or
(ii) with the consent of the Minister, outside that borough and outside, but convenient to, the constituency, and
(b) in any other case, it may be, with the consent of the Minister, outside, but convenient to, the constituency.
At the hour of 9 a.m. on the day next after the close of the poll in a constituency and at the place appointed by him under Rule 23A of this Schedule, the local returning officer for that constituency shall begin to open the ballot boxes used at the poll in that constituency, take out the ballot papers therein, count and record the numbers thereof, and then mix them together.”
79 Amendment of Rules 30 and 32 of First Schedule to Principal Act. 1946, No. 30.
79.—Notwithstanding the repeal by this Act of paragraphs (c), (d) and (e) of section 3 of the Referendum (Amendment) Act, 1946—
(i) “eleven” shall continue to stand substituted for “seven” in paragraph (1) of Rule 30 of the First Schedule to the Principal Act,
(ii) “President and the” shall continue to stand inserted before “Taoiseach” in paragraph (3) and in paragraph (4) of Rule 32 of that Schedule.
PART VI. Local Elections.
80 Interpretation (Part VI).
80.—(1) In this Part of this Act—
“local authority” means—
(a) the council of a county,
(b) the corporation of a county or other borough,
(c) the council of an urban district, or
(d) the commissioners of a town;
“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held.
(2) Any reference in this Part of this Act to a member or meeting of a local authority shall, where the local authority in question are a corporation of a county or other borough, be construed as a reference to a member or meeting of the council established by law in respect of such county or other borough.
81 Year of election.
81.—(1) (a) An election of members of every local authority shall be held in the year 1965 and quinquennially thereafter.
(b) Nothing in this subsection shall affect Part IV of the Local Government Act, 1941, or any order made under that Part.
(2) Elections pursuant to this section shall be known as local elections.
(3) In the Vocational Education Acts, 1930 to 1962, and in any order or regulation made thereunder, and in the Agriculture Acts, 1931 to 1958, “election year” shall, in lieu of having the meaning which it had immediately before the commencement of this section, mean any year in which local elections are held.
(4) The following subsection shall be substituted for subsection (2) of section 9 of the Harbours Act, 1946:
“(2) In addition to the first election year, every year thereafter which is a year in which elections of members of councils of counties are held pursuant to section 2 of the Local Elections Act, 1948 (No. 8 of 1948), section 2 of the Local Elections Act, 1953 (No. 15 of 1953), or section 81 of the Electoral Act, 1963, shall be an election year in respect of a harbour authority.”
(5) Notwithstanding the repeal by this Act of the Local Elections Act, 1953—
(a) “quinquennially” and “five” shall continue to stand substituted for “triennially” and “three” in subsection (3) of section 10 of the School Attendance Act, 1926,
(b) “quinquennial” shall continue to stand substituted for “triennial” wherever the latter word occurs in subsection (4) of that section,
(c) “quinquennial meeting” shall continue to stand substituted for “triennial meeting” in the Vocational Education Acts, 1930 to 1950, and in any order or regulation made thereunder,
(d) “five years” shall continue to stand substituted for “three years” in subsection (2) of section 45 of the Local Government Act, 1941.
(6) Any reference in any statute, order or regulation in force immediately before the passing of the Local Elections Act, 1953, to a triennial election of members of a board, committee or other body, all or any of the members of which are required by law to be appointed by a local authority following an election of the members of such authority shall be construed as a reference to a quinquennial election.
82 Conduct of elections.
82.—(1) Local elections shall be held in accordance with regulations made by the Minister and, if an election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote at the election.
(2) Regulations under this section, in particular and without prejudice to the generality of the foregoing subsection, may make provision for all or any of the following matters in relation to local elections:
(i) nominations,
(ii) deposits by candidates,
(iii) deaths of candidates,
(iv) duties of returning officers,
(v) staff of returning officers,
(vi) taking of polls and counting of votes,
(vii) use, free of charge, of schools and public rooms,
(viii) arrangements for postal voting,
(ix) voting by persons in the employment of returning officers,
(x) advance polling on islands,
(xi) maintenance of secrecy of voting,
(xii) removal of persons misconducting themselves in polling stations,
(xiii) procedure in cases of disorder or obstruction,
(xiv) interference with ballot boxes or ballot papers,
(xv) time of becoming a member of a local authority and of retiring from being such a member, and period of office of lord mayors, mayors, chairmen and vice-chairmen,
(xvi) the persons who are to be aldermen and their number,
(xvii) filling of casual vacancies,
(xviii) election of the same person in more than one local electoral area,
(xix) days and times of, and business to be transacted at, first meetings of local authorities after elections of their members and meetings to be held at or near the anniversaries of the days of such first meetings, and failure to hold such meetings as required,
(xx) adaptation of enactments,
and may also make provisions corresponding to the provisions specified in the next subsection subject however to any modifications in those provisions appearing to the Minister to be appropriate.
(3) The provisions referred to in the foregoing subsection are the provisions of Parts I, II, III and VIII (except section 50) of the Prevention of Electoral Abuses Act, 1923.
(4) Where a provision of regulations under this section corresponds to a provision of the Electoral Acts, 1923 to 1963, or the Prevention of Electoral Abuses Act, 1923, which provides for a penalty, it may itself provide for a penalty not exceeding that provided for in the provision to which it corresponds.
(5) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(6) No local election shall be declared invalid by reason of a non-compliance with any regulation under this section, or any mistake in the use of forms provided for by any such regulation, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and that the non-compliance or mistake did not affect the result of the election.
(7) Regulations under this section shall apply to a new election under Part IV of the Local Government Act, 1941.
83 Polling cards.
83.—(1) The Minister may by regulations provide for the issue by local authorities of polling cards, in relation to local elections.
(2) Deciding to issue, in accordance with regulations under this section, polling cards shall be, in case the local authority are the council of a county, the corporation of a borough which is not a county borough, the council of an urban district or the commissioners of a town, a reserved function for the purposes of the County Management Acts, 1940 to 1955, and, in case the local authority are the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.
(3) No local election shall be invalidated by reason of any failure to send, non-delivery of or error or misstatement in, a polling card.
(4) No action or other proceeding shall lie against a returning officer in respect of any error or misstatement in a polling card.
(5) In this section “polling card” means a card informing an elector of his number (including polling district letter) on the register of local government electors and of the place at which he will be entitled to vote.
84 Times of poll.
84.—(1) Polls at local elections shall be held on such day and shall continue for such period, not being less than twelve hours, between the hours of 8.30 a.m. and 10.30 p.m. as may be fixed by the Minister by order.
(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.
(3) Subsection (1) of section 45 of the Local Government Act, 1941, is hereby amended by the insertion at the end of the subsection of “and during the period therein specified by the Minister”.
85 Right to vote.
85.—(1) Subject to the provisions of this Part of this Act and the regulations made thereunder, every person whose name is on the register of local government electors for the time being in force for a local electoral area, and no other person, shall be entitled to vote at the poll at a local election in that area.
(2) For the purposes of this section a person's name shall be taken to be on a register of local government electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person's name.
(3) A person who has voted at a local election shall not in any legal proceeding to question the election or return be required to state for whom he has voted.
(4) (a) A person—
(i) who is registered in the register of local government electors for the time being in force for a local electoral area but is not entitled to be so registered, or
(ii) who is not registered in that register,
shall not vote at the poll at a local election in that area.
(b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(5) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or relieve him from any penalties to which he may be liable for voting.
86 Costs of elections.
86.—(1) The Minister may by regulations provide for the manner in which the costs of local elections are to be paid by local authorities.
(2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for all or any of the following matters—
(a) the way and period in which the returning officer shall present his accounts,
(b) the way and period in which persons having claims against the returning officer shall present their claims,
(c) adjudication of disputes.
87 Electoral areas in certain county and other boroughs.
87.—(1) The following subsection is hereby substituted for subsection (2) of section 7 of the Limerick City Management Act, 1934:
“(2) (a) Unless and until an order under this subsection comes into force, there shall be one electoral area consisting of the area of the city and the first four members of the Council elected at a city election shall be aldermen.
(b) The Minister may by order—
(i) make a division of the city into electoral areas, and
(ii) fix for each electoral area the number of members of the council to be elected therefor and the number of those members who are to be aldermen.
(c) The Minister may make an order under this subsection whenever and so often as he thinks proper.
(d) The division of the city into electoral areas made by an order under this subsection shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.
(e) The number of members to be elected, at every election of members of the Council held after the making of an order under this subsection, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.
(f) Those members of the Council who are not aldermen shall be councillors.
(g) Every order under this subsection shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”
(2) The following section is hereby substituted for section 6 of the Waterford City Management Act, 1939:
“6. (1) Unless and until an order under this section comes into force, there shall be one electoral area consisting of the area of the city and the first five members of the Council elected shall be aldermen.
(2) The Minister may by order—
(a) make a division of the city into electoral areas, and
(b) fix for each electoral area the number of members of the Council to be elected therefor and the number of those members who are to be aldermen.
(3) The Minister may make an order under this section whenever and so often as he thinks proper.
(4) The division of the city into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.
(5) The number of members to be elected, at every election of members of the Council held after the making of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.
(6) Those members of the Council who are not aldermen shall be councillors.
(7) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passedby either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”
(3) The following section is hereby substituted for section 4 of the Cork City Management (Amendment) Act, 1941:
“4. (1) Unless and until an order under this section comes into force, there shall be one electoral area consisting of the area of the Borough and the first six members of the Council elected shall be aldermen.
(2) The Minister may by order—
(a) make a division of the Borough into electoral areas, and
(b) fix for each electoral area the number of members of the Council to be elected therefor and the number of those members who are to be aldermen.
(3) The Minister may make an order under this section whenever and so often as he thinks proper.
(4) The division of the Borough into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.
(5) The number of members to be elected, at every election of members of the Council held after the making of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.
(6) Those members of the Council who are not aldermen shall be councillors.
(7) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”
(4) (a) Subsection (1) of section 35 of the Local Government Act, 1941, is hereby amended by the substitution of “but does include, notwithstanding section 43 of the Local Government (Dublin) Act, 1930, the borough of Dún Laoghaire, and notwithstanding section 16 of the Local Government (Galway) Act, 1937,” for “or the Borough of Dún Laoghaire or”.
(b) Subsection (2) of section 35 of the Local Government Act, 1941, is hereby amended by the insertion at the end of the subsection of “and the number of those members who are to be aldermen”.
(c) Where an order is made under subsection (2) of section 35 of the Local Government Act, 1941, in relation to the borough of Galway, section 15 of the Local Government (Galway) Act, 1937, shall, after the next election of members of the corporation of the borough, have effect subject to the substitution therein of “those who are not aldermen” for “four shall be aldermen and eight”.
88 Wards.
88.—(1) The Minister may by regulations divide the area of any county or other borough or urban district into areas to be known as wards.
(2) Where, immediately before the commencement of this section, any county or other borough or urban district stood divided into areas known as wards, then, unless and until regulations under subsection (1) of this section in relation to the borough or district come into force, those areas shall continue in force as wards, but the Minister may by regulations vary the name of any such ward.
(3) Any reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or at any time thereafter) to a ward in relation to a county or other borough or urban district shall be construed and have effect as a reference to a ward under regulations under subsection (1) of this section or a ward referred to in subsection (2) of this section (as may be appropriate).
89 District electoral divisions.
89.—(1) The Minister may by regulations divide the area of any county or county borough into areas to be known as district electoral divisions.
(2) Where, immediately before the commencement of this section, any county or county borough stood divided into areas known as district electoral divisions, then, unless and until regulationsunder subsection (1) of this section in relation to the county or borough come into force, those areas shall continue in force as district electoral divisions, but the Minister may by regulations vary the name of any such district electoral division.
(3) Any reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or at any time thereafter) to a district electoral division in relation to a county or county borough shall be construed and have effect as a reference to a district electoral division under regulations under subsection (1) of this section or a district electoral division referred to in subsection (2) of this section (as may be appropriate).
PART VII. Electoral Abuses.
90 Amendment of Prevention of Electoral Abuses Act, 1923.
90.—(1) In this section “the Act” means the Prevention of Electoral Abuses Act, 1923.
(2) Subsection (1) of section 6 of the Act is hereby amended by the addition at the end of the subsection of “or, at the discretion of the Court, to be fined an amount not exceeding one thousand pounds or both to be so imprisoned and to be so fined.”
(3) Subsection (2) of section 6 of the Act is hereby amended by the substitution of “five hundred pounds” for “one hundred pounds” in paragraph (a) and for “one hundred pounds” and for “two hundred pounds” in paragraph (b).
(4) (a) The Act is hereby amended by the insertion of the following section after section 13:
“13A. Any person who, before or during any election, makes or publishes any statement which is likely to mislead voters as to the actual process of voting shall be guilty of an illegal practice.”
(b) The reference in section 15 of the Act to the foregoing sections of the Act shall be construed as including a reference to the section inserted in the Act by paragraph (a) of this subsection.
(5) Section 15 of the Act is hereby amended by the substitution of “five hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment” for “one hundred pounds”.
(6) The following subsection is hereby substituted for subsection (1) of section 30 of the Act:
“(1) An election agent may, with respect to each polling district, appoint one deputy agent (and not more) to act within that district, and any reference in this Act to a sub-agent shall be construed as a reference to a deputy agent so appointed.”
(7) The following section is hereby inserted in the Act after section 55 :
“55A. In any civil or criminal proceedings in relation to an alleged corrupt or illegal practice or any other alleged offence at an election, the certificate of the returning officer at an election of the due holding of the election or that a particular person was a candidate thereat shall be prima facie evidence of the facts stated therein and it shall not be necessary to prove the signature of such returning officer or that he was in fact such returning officer.”
PART VIII. Miscellaneous.
91 Special provisions where two or more elections have same polling day.
91.—(1) This section applies to the following polls :
(a) the poll at an election of a person to the office of President of Ireland;
(b) the poll at a Dáil election within the meaning of the Electoral Act, 1923;
(c) the poll at a referendum within the meaning of the Referendum Act, 1942;
(d) the poll at a local election.
(2) Where two or more polls to which this section applies are to be taken on the same day, the following provisions shall, notwithstanding any other enactment, have effect:
(a) the polls shall be taken at the same time, at the same places and in the same manner,
(b) the same official mark shall be used for the ballot papers at each poll,
(c) the ballot papers at each poll shall be of a different colour (for this purpose white being deemed to be a colour),
(d) the returning officer may provide the same or different ballot boxes,
(e) if separate ballot boxes are provided, a ballot paper shall not be invalid by reason only of its being put into the wrong ballot box,
(f) an authorisation by a returning officer to a person to vote at one poll at a polling station other than the one allocated to him shall authorise the person to vote at that station at the other poll or polls in the same constituency or, in the case of a local election, in the same local electoral area.
(3) The Minister may, by direction, order or regulation, provide for such matters as he considers necessary to give effect to this section.
(4) Any direction, order or regulation given or made under subsection (3) of this section shall have effect notwithstanding anything contained in any other enactment and, in particular and without prejudice to the generality of the said subsection (3), may—
(a) define the powers and duties of returning officers and of any other persons employed in connection with the polls,
(b) make such modifications in the Acts, orders or regulations governing the taking of the polls or the arrangements for the counting of the votes as appear to the Minister to be necessary to enable the polls to be taken together or to facilitate or expedite the completion and ascertainment of the results of the elections,
(c) make provisions in relation to the form and transmission of polling cards.
(5) The Minister for Finance may by regulations prescribe for the purposes of this section—
(a) a scale of maximum charges,
(b) the time when and the manner and form in which accounts are to be rendered to him,
(c) in cases in which the expenses of taking a poll would normally be met by a local authority or local authorities within the meaning of Part VI of this Act, the manner in which the expenses of taking the poll shall be apportioned between the Central Fund and such authority or authorities.
92 Adaptation or modification where there is emergency or special difficulty.
92.—(1) The Minister may, in any case in which it appears to him that there is an emergency or special difficulty, by order make such adaptation or modification of any statute, order or regulation relating to the registration of Dáil electors or electors at local elections, or the conduct of Dáil elections, presidential elections, local elections or referenda, as may in his opinion be necessary to enable it to have effect subject to the provisions of this Act.
(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(3) In this section—
(a) “Dáil electors” and “Dáil elections” have the same meanings respectively as in the Electoral Act, 1923,
(b) “presidential elections” has the same meaning as in the Presidential Elections Act, 1937,
(c) “referenda” has the same meaning as in the Referendum Act, 1942.
FIRST SCHEDULE. Enactments Repealed.
| Session and Chapter or Number and Year. | Subject Matter or Short Title. | Extent of Repeal. |
|---|---|---|
| 3 Edw. 1. (Stat. Westm. prim., c. 5). | Freedom of Elections (1275). | The whole Act. |
| 7 Edw. 2. (Stat. Sup. Aport. Arm.). | Prohibition on coming armed to Parliament (1313). | The whole Act. |
| 5 Ric. 2. St. 2., c. 4. | Summons to Parliament (1382). | The whole Act. |
| 5 Will. & Mar., c. 7. | Restriction on member of House of Commons from being concerned in collection of revenue. | The whole Act. |
| 6 & 7 Will. & Mar., c. 2. | Times for calling Parliament. | The whole Act. |
| 7 & 8 Will. 3. c. 7. | Prevention of false and double returns of members to Parliament. | The whole Act. |
| 7 & 8 Will. 3. c. 25. | Regulation of elections of members of Parliament and prevention of irregular proceedings. | The whole Act. |
| 1 Geo. 1. Stat. 2, c. 38. | Septennial Act, 1715. | The whole Act. |
| 19 Geo. 2. c. 12. | Municipal Corporations Act, 1745. | The whole Act. |
| 24 Geo. 3. Sess. 2, c. 26. | Recess Elections Act, 1784. | The whole Act. |
| 37 Geo. 3. c. 127. | Meeting of Parliament Act, 1797. | The whole Act. |
| 39 and 40 Geo. 3. c. 14. | Meeting of Parliament Act, 1799. | The whole Act. |
| 50 Geo. 3. c. 33. | School Sites (Ireland) Act, 1810. | Section 3. |
| 53 Geo. 3. c. 89. | Parliamentary Writs Act, 1813. | The whole Act. |
| 60 Geo. 3. and 1 Geo. 4. c. 11. | Parliamentary Elections (Ireland) Act, 1820. | The whole Act. |
| 4 Geo. 4. c. 55. | Parliamentary Elections (Ireland) Act, 1823. | The whole Act. |
| 2 & 3 Will. 4. c. 69. | Corporate Property (Elections) Act, 1832. | The whole Act. |
| 2 & 3 Will. 4. c. 88. | Representation of the People (Ireland) Act, 1832. | The whole Act. |
| 2 & 3 Will. 4. c. 89. | Parliamentary Boundaries (Ireland) Act, 1832. | The whole Act. |
| 3 & 4 Vict., c. 108. | Municipal Corporations (Ireland) Act, 1840. | In section 20: the words “that every borough in the said schedule (A) shall be divided into the number of wards mentioned in such schedule in conjunction with the name of such borough, and” and the words “and of the wards into which the said boroughs named in the said schedule (A) are to be divided”; section 27; in section 28: all words from “and every such town” to the end of the section; sections 48, 53, 85, 86, 87 and 89. |
| 12 & 13 Vict., c. 85. | Dublin Corporation Act, 1849. | The whole Act. |
| 12 & 13 Vict., c. 97. | Dublin Improvement Act, 1849. | Section 57. |
| 13 & 14 Vict., c. 68. | Parliamentary Elections (Ireland) Act, 1850. | The whole Act. |
| 13 & 14 Vict., c. 69. | Representation of the People (Ireland) Act, 1850. | The whole Act. |
| 15 & 16 Vict., c. 23. | Meeting of Parliament Act, 1852. | The whole Act. |
| 17 & 18 Vict., c. 57. | Returning Officers Act, 1854. | The whole Act. |
| 17 & 18 Vict., c. 102. | Corrupt Practices Prevention Act, 1854. | The whole Act. |
| 17 & 18 Vict., c. 103. | Towns Improvement (Ireland) Act, 1854. | In section 27: all words from the beginning of the section to “as they may think fit”. |
| 20 & 21 Vict., c. 33. | Representative Peers (Ireland) Act, 1857. | The whole Act. |
| 21 & 22 Vict., c. 110. | Election of Members during Recess Act, 1858. | The whole Act. |
| 25 & 26 Vict., c. 92. | Elections (Ireland) Act, 1862. | The whole Act. |
| 26 & 27 Vict., c. 20. | Elections in Recess Act, 1863. | The whole Act. |
| 26 & 27 Vict., c. 29. | Corrupt Practices Prevention Act, 1863. | The whole Act. |
| 30 & 31 Vict., c. 81. | Prorogation Act, 1867. | The whole Act. |
| 31 & 32 Vict., c. 125. | Parliamentary Elections Act, 1868. | Section 44. |
| 33 & 34 Vict., c. 23. | Forfeiture Act, 1870. | In section 2: all words from “or of exercising” to the end of the section. |
| 33 & 34 Vict., c. 81. | Meeting of Parliament Act, 1870. | The whole Act. |
| 35 & 36 Vict., c. 33. | Ballot Act, 1872. | The whole Act. |
| 40 & 41 Vict., c. 56. | County Officers and Courts (Ireland) Act, 1877. | In section 21: all words from the beginning of the section to “in the same manner as heretofore”. |
| 41 & 42 Vict., c. 75. | Arranmore Polling District Act, 1878. | The whole Act. |
| 43 Vict., c. 17. | Town Councils and Local Boards Act, 1880. | The whole Act. |
| 46 & 47 Vict., c. 51. | Corrupt and Illegal Practices Prevention Act, 1883. | Sections 45, 46, 48, 51 and 52; subsections (1) and (3) of section 53; section 54. |
| 47 & 48 Vict., c. 70. | Municipal Elections (Corrupt and Illegal Practices) Act, 1884. | Sections 3, 24 and 31. |
| 48 & 49 Vict., c. 17. | Parliamentary Registration (Ireland) Act, 1885. | The whole Act. |
| 48 & 49 Vict., c. 23. | Redistribution of Seats Act, 1885. | The whole Act. |
| 50 & 51 Vict., c. 9. | Police Disabilities Removal Act, 1887. | The whole Act. |
| 52 & 53 Vict., c. 69. | Public Bodies Corrupt Practices Act, 1889. | Paragraphs (c) and (d) of section 2. |
| 54 & 55 Vict., c. 39. | Stamp Act, 1891. | In the First Schedule: the head of charge “Admission in England or Ireland of any person—as a burgess, or into any corporation or company, in any city, borough, or town corporate”. |
| 56 & 57 Vict., c. 6. | Police Disabilities Removal Act, 1893. | The whole Act. |
| 61 & 62 Vict., c. 37. | Local Government (Ireland) Act, 1898. | Section 2; subsection (4) of section 23; subsections (2) and (4) of section 94; subsection (3) of section 97. |
| Local Government (Application of Enactments) Order, 1898. | The following portions of the Schedule: articles 5, 6, 7, 9 and 10, sub-articles (1) to (5) of article 11; in subarticle (1) of article 26: the words “(b) the division of an urban county district into wards;” and the words “of the number of wards, or of the boundaries of any ward, or”; article 31; in rule (II) of subarticle 10 of article 36: the words “between the annual meeting and the first day of June then next following”. | |
| 8 Edw. 7. c. 13. | Polling Districts (County Councils) Act, 1908. | The whole Act. |
| 8 Edw. 7. c. 66. | Public Meeting Act, 1908. | In section 1: from the words “if the offence is committed” to the words “and in any other case”. |
| 1 & 2 Geo. 5. c. 13. | Parliament Act, 1911. | Section 7. |
| 7 & 8 Geo. 5. c. 64. | Representation of the People Act, 1918. | The whole Act. |
| 9 & 10 Geo. 5. c. 19. | Local Government (Ireland) Act, 1919. | The whole Act. |
| No. 12 of 1923. | Electoral Act, 1923. | Parts I and II; sections 18, 29, 34, 37, 42, 53, 54 and 58; in section 59: the words “bribery, personation or corrupt practices at elections or to”; section 61; subsection (1) of section 62; in section 63: the words “registration officer” and “the registration of electors or” wherever they occur; First Schedule; Rule 12 of the Fourth Schedule; in Rule 17 of Part I of the Fifth Schedule: the words “and of the mode in which electors are to vote”; Rules 19 and 20 of the said Part I; in Rule 28 of the said Part I: the words “and (d) tendered ballot papers”; in Rule 34 of the said Part I: all words from “The returning officer shall report” to the end of the Rule; in Rule 35 of the said Part I: the words “the tendered ballot papers and” and “and the tendered votes list”; in Rule 36 of the said Part I: the words “tendered votes lists,”; Rules 42, 48, 50, 52 and 54 of the said Part I: Part II of the Fifth Schedule; forms 1, 2, 3, 6, 7, 8 and 9 in Part III of the Fifth Schedule; Ninth Schedule. |
| No. 38 of 1923. | Prevention of Electoral Abuses Act, 1923. | Paragraph (c) of subsection (2) of section 1; section 4; subsections (3), (4) and (5) of section 6; sections 7, 8, 9, 10, 11 and 14; in section 15: all words from “and shall” to the end of the section; section 16; in section 17, the words “or for any expenses incurred in excess of any maximum amount allowed by this Act,” and the words “or expenses”; sections 18, 19, 20, 21, 27, 28, 32, 33, 34, 35, 36, 37, 38, 39, 40, 43, 45 and 47; in section 53: all words from “and a person” to the end of the section; in section 56: the definitions of “committee room” and “personal expenses”; First Schedule. |
| No. 7 of 1924. | Local Government Electors Registration Act, 1924. | The whole Act. |
| No. 5 of 1925. | Local Government Act, 1925. | Section 57. |
| No. 27 of 1926. | Court Officers Act, 1926. | Section 39; in subsection (7) of section 40: all words from “and in lieu thereof” to the end of the subsection. |
| No. 21 of 1927. | Electoral (Amendment) Act, 1927. | The whole Act. |
| No. 23 of 1927. | Juries Act, 1927. | Part II. |
| No. 39 of 1927. | Local Elections Act, 1927. | The whole Act. |
| No. 1 of 1929. | Cork City Management Act, 1929. | Subsections (1), (2), (3) and (4) of section 6. |
| No. 27 of 1930. | Local Government (Dublin) Act, 1930. | Section 36; subsections (1) and (2) of section 38; subsections (1) and (2) of section 46; sections 50 and 86. |
| No. 29 of 1932. | Electoral (Registration Appeals) Act, 1932. | The whole Act. |
| No. 14 of 1933. | Electoral (Amendment) Act, 1933. | Section 2. |
| No. 35 of 1934. | Limerick City Management Act, 1934. | Sections 6 and 8; subsections (1) and (2) of section 10. |
| No. 9 of 1935. | Local Government (Extension of Franchise) Act, 1935. | The whole Act. |
| No. 22 of 1936. | Electoral (University Constituencies) Act, 1936. | The whole Act. |
| No. 16 of 1937. | Plebiscite (Draft Constitution) Act, 1937. | The whole Act. |
| No. 25 of 1937. | Electoral (Chairman of Dáil Éireann) Act, 1937. | The whole Act. |
| No. 32 of 1937. | Presidential Elections Act, 1937. | Section 26; subsection (1) and paragraph (d) of subsection (2) of section 28; section 30; in Rule 8 of the First Schedule: the words “and of the mode in which electors are to vote”; Rules 11, 12, 13 and 20 of that Schedule; in Rule 22 of that Schedule: the words “and (d) tendered ballot papers,”; paragraph (2) of Rule 26 of that Schedule; paragraphs (2) and (3) of Rule 29 of that Schedule; in paragraph (1) of Rule 32 of that Schedule: the words “the tendered ballot papers and” and the words “and the tendered votes list,”; in Rule 33 of that Schedule: the words “tendered votes lists,”; paragraph (2) of Rule 38 of that Schedule. |
| No. 25 of 1939. | Waterford City Management Act, 1939. | Section 7; subsections (1) and (3) of section 9. |
| No. 21 of 1940. | Local Government (Dublin) (Amendment) Act, 1940. | Section 12. |
| No. 5 of 1941. | Cork City Management (Amendment) Act, 1941. | Section 6. |
| No. 23 of 1941. | Local Government Act, 1941. | Subsection (4) of section 34; subsection (5) of section 35; sections 36, 37, 38, 39, 40 and 42; subsection (4) of section 45; section 81; Third Schedule. |
| No. 28 of 1941. | Electoral Act, 1941, | The whole Act. |
| No. 8 of 1942. | Referendum Act, 1942. | Sections 13, 15, 21 and 28; Rules 12, 13 and 14 of the First Schedule; in Rule 23 of that Schedule; the words “and (d) tendered ballot papers,”; paragraphs (2) and (3) of Rule 27 of that Schedule; paragraph (3) of Rule 29 of that Schedule; in paragraph (d) of Rule 31 of that Schedule: the words “the tendered ballot papers,” and the words “and the tendered votes list”; in paragraph (e) of Rule 31 of that Schedule: the words “and tendered votes lists”. |
| No. 18 of 1942. | Local Elections (Amendment) Act, 1942. | The whole Act. |
| No. 6 of 1945. | Electoral (Dáil Éireann and Local Authorities) Act, 1945. | The whole Act. |
| No. 15 of 1945. | Presidential and Local Elections Act, 1945. | The whole Act. |
| No. 25 of 1945. | Court Officers Act, 1945. | Paragraph (g) of subsection (3) of section 12. |
| No. 24 of 1946. | Local Government Act, 1946. | Section 72. |
| No. 29 of 1946. | Presidential Elections (Amendment) Act, 1946. | The whole Act. |
| No. 30 of 1946. | Referendum (Amendment) Act, 1946. | The whole Act. |
| No. 31 of 1946. | Electoral (Amendment) Act, 1946. | The whole Act. |
| No. 8 of 1948. | Local Elections Act, 1948. | The whole Act. |
| No. 15 of 1953. | Local Elections Act, 1953. | The whole Act. |
| No. 5 of 1959. | Referendum (Amendment) Act, 1959. | The whole Act. |
| No. 9 of 1959. | Presidential Elections (Temporary Provisions) Act, 1959. | The whole Act. |
| No. 14 of 1960. | Elections Act, 1960. | The whole Act. |
| No. 43 of 1960. | Electoral Act, 1960. | Sections 5, 6 and 7 and sections 9 to 17. |
| No. 19 of 1961. | Electoral (Amendment) Act, 1961. | Section 7. |
SECOND SCHEDULE. Forms (Dáil Elections).
PART I.
FORM OF WRIT FOR A GENERAL ELECTION.
| Do _ an ceann comhairimh do dháilcheantar _ | To _ returning officer for the constituency of _ |
|---|---|
| DE BHRÍ go bhfuil Dáil Éireann lánscortha: | WHEREAS Dáil Éireann is dissolved: |
| ANOIS, déanaimse, _Cléireach Dháil Éireann, de réir forálacha alt 12 den Acht Toghcháin, 1963, a ordú leis seo duitse, i do cheann comhairimh do dháilcheantar _ toghchán a chur á dhéanamh sa dáilcheantar sin do ____ comhalta chun fónamh i nDáil Éireann don dáilcheantar sin: | NOW, I, _ Clerk of Dáil Éireann, in accordance with the provisions of section 12 of the Electoral Act, 1963, do hereby direct you, as the returning officer for the constituency of _ to cause an election to be held in that constituency of ____ members to serve in Dáil Éireann for the said constituency: |
| AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainmneacha na gcomhaltaí a thoghfar amhlaidh a dheimhniú dom gan mhoill i m'Oifig i ____ i mBaile Átha Cliath. | AND that when such election has been duly held, you do without delay certify to me in my Office at ____ in Dublin the names of the members so elected. |
I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.
IN WITNESS whereof I have hereunto set my hand and seal.
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.