European Assembly Elections (No. 2) Act , 1977

1 Interpretation.

1.—In this Act—

“the Act of 1963” means the Electoral Act, 1963;

“the Assembly” means the Assembly of the European Communities;

“Assembly election” has the meaning assigned to it by section 2 (1);

“Assembly elector” means a person who is entitled to vote at an Assembly election;

“the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;

“local returning officer” means a person who pursuant to section 14 (2) is a local returning officer for the purpose of this Act;

“Member State” (except in Rule 47 (1) of the First Schedule) means a Member State of the European Communities;

“the Minister” means the Minister for the Environment;

“petition” means a petition presented to the High Court under this Act;

“the polling day”, except where the context otherwise requires, has the meaning assigned to it by section 6 (1);

“the postal voters list” means the list prepared pursuant to section 7 (4) of the Act of 1963;

“returning officer” means a person who is appointed by the Minister under section 14 (1) to be a returning officer for the purposes of this Act;

“the treaties” means the treaties, convention and decision mentioned in section 1 (1) of the European Communities Act, 1972, as supplemented or amended in the manner mentioned in that section.

2 Method of election.

2.—(1) Elections of representatives to the Assembly shall be held and each such election (in this Act referred to as an “Assembly election”) shall be conducted in accordance with this Act, and in case an Assembly election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.

(2) The provisions of this Act replace the law providing for the designation by the Oireachtas of delegates to the Assembly and in force immediately before the commencement of this Act, but nothing in this subsection shall be construed as preventing the designation of such delegates by the Oireachtas at any time during the period commencing on the passing of this Act and ending on the day immediately preceding the day fixed for the first sitting of the Assembly to which representatives are first elected under this Act.

(3) Voting at an Assembly election shall be by secret ballot.

(4) In this section “transferable vote” means a vote which is—

(a) capable of being given so as to indicate the voter's preference for the candidates in order, and

(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is eliminated from the list of candidates.

3 Franchise and registration.

3.—(1) A person shall be entitled to be registered as an Assembly elector in a constituency, if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either,

(a) a citizen of Ireland, or

(b) a national of a Member State other than the State.

(2) Part II of the Act of 1963 (apart from subsections (1) and (2) of section 5), as amended by section 1 of the Electoral (Amendment) Act, 1966, and section 4 of the Juries Act, 1976, shall apply as regards the registration of Assembly electors pursuant to this section and the register referred to in section 6 (1) of the Act of 1963 shall, in so far as it relates to persons entitled to vote at Assembly elections, be the register of European Assembly electors.

(3) For the purpose of giving effect to subsection (2) of this section each of the references in subsections (4), (5), (5A) (inserted by section 1 of the Electoral (Amendment) Act, 1966) or (6) of section 5 of the Act of 1963 to “the purposes of this section” shall be construed as including a reference to the purposes of this section.

(4) In this section—

“national of a Member State” has the meaning it has in the treaties;

“the qualifying date” means the date specified by the Minister under section 5 (6) of the Act of 1963.

4 Right to vote.

4.—Subject to Rule 47 of the First Schedule to this Act, every person whose name is on the register of European Assembly electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at an Assembly election in that constituency.

5 Manner of voting.

5.—(1) Subject to subsection (2) of this section, a person who is entitled to vote at an Assembly election shall be entitled to vote in person only and at the polling station allotted to him or, in case he is authorised under Rule 36 of the First Schedule to this Act by a local returning officer, at the polling station specified in the authorisation.

(2) Every Assembly elector whose name is, at the time of an Assembly election, in the postal voters list for a county or county borough contained in a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the local returning officer for that county or county borough and shall not be entitled to vote in any other manner.

6 Polling day and commencement of count.

6.—(1) The poll at an Assembly election shall—

(a) be taken on such day as shall be appointed by the Minister by order (which order shall be made not less than thirty-five days before the day thereby appointed),

(b) 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, subject to the restriction that he shall fix the same period for all constituencies,

and the day so appointed is in this Act referred to as “the polling day”.

(2) The counting of the votes at an Assembly election shall begin on the day and at the time appointed by the Minister by order.

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

7 Qualification of candidates.

7.—(1) A person who is not eligible to become a member of Dáil Éireann shall not be eligible for election under this Act to the Assembly.

(2) If while he is a representative in the Assembly by virtue of this Act a person becomes subject to any of the disqualifications applicable to membership of Dáil Éireann he shall thereupon cease to be a representative in the Assembly.

8 Register of Political Parties.

8.—(1) The Registrar of Political Parties for the purposes of section 13 of the Act of 1963 (in this section subsequently referred to as “the Registrar”) shall, subject to the subsequent provisions of this section, register in the Register of Political Parties as a party organised to contest an Assembly election, any political party which applies to him for registration and which is, in his opinion, a genuine political party and organised in the State to contest such an election.

(2) A party which was registered in the Register of Political Parties at the commencement of this Act and which either—

(a) was registered pursuant to subsection (4) of section 13 of the Act of 1963, or

(b) when registered was in the opinion of either the Registrar or the appeal board referred to in subsection (8) of the said section 13 organised to contest a Dáil election,

shall, as soon as may be after such commencement, be registered in such Register by the Registrar as a party organised to contest an Assembly election.

(3) Where a party which is registered pursuant to this section in the Register of Political Parties satisfies the Registrar that a member of the party who is a delegate or representative in the Assembly is a member of a political group formed in accordance with the rules of procedure of the Assembly, the Registrar shall note on the Register, in relation to the party, the name of the group.

(4) Subsections (3), (5), (6) and (7) of section 13 of the Act of 1963 shall apply to registration under, or to political parties registered under, this section, as may be appropriate.

(5) Subsection (10) of section 13 of the Act of 1963 shall apply in relation to the performance by the Registrar of his duties under this section as it applies in relation to the performance by him of his duties under that section.

9 Nomination of candidates.

9.—(1) At an Assembly election a person may nominate himself as a candidate or may, with his consent, be nominated by another person (being a person registered as an Assembly elector in the constituency for which he proposes to nominate the candidate) as proposer.

(2) At an Assembly election a person may not be nominated as a candidate in respect of more than one constituency.

10 Deposit by candidates.

10.—A candidate at an Assembly election, or someone on his behalf, shall, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of one thousand pounds and if he fails to do so his candidature shall be deemed to have been withdrawn.

11 Conduct of elections.

11.—The rules contained in the First Schedule to this Act, other than Part V thereof, shall have effect in relation to Assembly elections.

12 Constituencies.

12.—(1) The constituencies for which candidates shall be elected under this Act to be representatives in the Assembly shall be those specified in the Second Schedule to this Act and the number of representatives to be so elected for such a constituency shall be the number specified in respect thereof in the third column of that Schedule.

(2) The Minister shall, within the period of twelve years commencing on the passing of this Act and at least once in every twelve years thereafter, submit to the Oireachtas proposals for the revision of the constituencies for which candidates shall be elected under this Act to be representatives in the Assembly.

(3) An area specified in the Second Schedule to this Act shall be taken to be that area as constituted on the 1st day of January, 1977.

13 Chief returning officer.

13.—(1) As soon as may be after the passing of this Act, and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to be the chief returning officer for the purposes of this Act.

(2) It shall be the duty of the chief returning officer to receive the returns furnished to him in pursuance of this Act by the returning officer for each constituency, to make in the prescribed form to the Assembly a return of the persons elected pursuant to this Act and to do such other things in respect of an Assembly election as he is required by law to do.

(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the chief returning officer such sums as the Minister for the Public Service shall with the consent of the Minister for Finance sanction for that officer's services and expenses in respect of an Assembly election.

14 Returning officers and local returning officers.

14.—(1) The Minister shall for the purposes of this Act appoint a returning officer in respect of each constituency specified in the Second Schedule to this Act and the returning officer appointed under this section for such a constituency shall be one of the persons who by virtue of subsection (2) of this section is the local returning officer for a county or county borough contained in the constituency.

(2) There shall for the purposes of this Act be a local returning officer for every county or county borough contained in a constituency and the local returning officer shall be—

(a) in the case of a county or county borough for which there is a sheriff, the sheriff, and

(b) in every other case, the county registrar.

(3) It shall be the general duty of the returning officer to do all such acts and things, other than acts or things which are by this Act required to be done by a local returning officer, as may be necessary for effectually conducting an Assembly election in his constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the chief returning officer a return of the persons elected for the constituency.

(4) Subject to subsection (5) (a) of this section, it shall be the duty of a local returning officer,

(a) to take the poll at an Assembly election in the part of the constituency for which he is the local returning officer,

(b) to do such acts and things as he is otherwise by this Act required to do, and

(c) to render such assistance to the returning officer for the said constituency as that returning officer may require,

and if any doubt arises as to the duties of a local returning officer, the doubt shall be determined by the Minister.

(5) (a) Where a local returning officer is appointed under this section to be the returning officer for a constituency, it shall be lawful for him with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of his duties as local returning officer.

(b) Subsequent references in this Act to the local returning officer shall include references to deputy local returning officers.

(6) The Minister for Finance shall prepare a scale of maximum charges for returning officers and local returning officers and every returning officer and local 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 Assembly election in respect of which he is the returning officer or local returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.

(7) Any reference in this section to a county shall be construed as a reference to an administrative county.

15 Casual vacancies.

15.—(1) Where a casual vacancy occurs amongst the persons elected to the Assembly under this Act or appointed under this section, the procedure for filling the vacancy shall be as follows:

(a) subject to paragraph (b) of this subsection, the vacancy shall be filled by the appointment by Dáil Éireann of a person who is eligible for election under this Act to the Assembly,

(b) in case by reason of the last preceding Assembly election the relevant place in the Assembly was held by a person who was at that election a candidate of a political party which at the time of the said election was and for the time being is registered pursuant to this Act in the Register of Political Parties, the person appointed under this subsection to fill the vacancy shall, if, but only if, the nomination is made within three months of the day on which the vacancy occured, be a person nominated by that political party.

(2) A person appointed under subsection (1) of this section shall, unless he sooner dies, resigns, becomes disqualified for election under this Act to the Assembly, is removed from office or otherwise ceases to be a representative in the Assembly, hold office as such a representative for the residue of the term for which the representative whom he replaces would have held office had he not ceased to hold office.

(3) In this section “a casual vacancy” means,

(a) a vacancy occasioned by a person who though elected to the Assembly pursuant to this Act is, by virtue of any provision laid down under any or all of the treaties, not entitled to assume the office of representative in the Assembly,

(b) a vacancy occasioned by a person having ceased to be a representative in the Assembly otherwise than by the effluxion of time or in consequence of the making of an order under section 17 of this Act by the High Court.

16 Inspection of ballot papers, etc.

16.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) of this section except under an order of the High Court.

(2) The documents referred to in subsection (1) of this section are,

(a) the counterfoils of the ballot papers sent to postal voters under Rule 26 of the First Schedule to this Act,

(b) the documents mentioned in paragraph (2) or (3) of Rule 50 of the said Schedule,

(c) the documents mentioned in subparagraph (a) or (b) of Rule 69 (1) of the said Schedule, and

(d) the documents mentioned in subparagraph (a) or (b) of Rule 69 (2) of the said Schedule.

(3) An order referred to in subsection (1) of this section shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.

(4) An order referred to in subsection (1) of this section may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court may think expedient, and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.

(5) Where an order pursuant to this section is made for the production by the chief returning officer of any document in his possession relating to an Assembly election, the production by the chief returning officer of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet produced by the chief returning officer shall be, until the contrary is shown, sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.

17 Questioning of Assembly elections.

17.—(1) An Assembly election may, and may only, be questioned by a petition to the High Court.

(2) (a) Subject to paragraph (b) of this subsection and Rule 97 (2) of the First Schedule to this Act, a petition shall not be accepted for lodgement with the court unless the petitioner lodges with the petition security in the sum of five thousand pounds for costs which may become payable by him.

(b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) of this subsection or that to require a petitioner to lodge the said amount would cause him serious hardship, the court may require him to lodge such lesser amount as the court considers appropriate.

(3) A petition may be presented by any person who has reached the age of eighteen years but may only be presented within a period specified in the Rules contained in Part V of the First Schedule to this Act and the said Rules shall have effect as regards the petition.

(4) An Assembly election may be questioned on the grounds of want of eligibility under section 7 of this Act, obstruction of or interference with or other hindrance to the conduct of the election, or mistake or other irregularity which, if established, are likely to have affected the result of the election.

(5) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and subject to the foregoing the decision of the High Court shall be final and not appealable.

(6) At the trial of a petition which the court does not dismiss, the court shall determine the matter at issue in the petition and shall in its order determining the petition include either—

(a) a declaration of the correct result of the Assembly election, or

(b) if it considers that it is unable to determine the correct result of the Assembly election, a declaration that the whole of such election or a specified part of such election was void together with a statement of its reasons for making the declaration.

(7) Where the court declares that the whole or any part of an Assembly election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Assembly and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court's order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if an Assembly election otherwise is due to be held in the State within the period of six months next following the said date.

18 Prohibition of disclosure of vote.

18.—A person who has voted at an Assembly election shall not in any legal proceedings be required to state how or for whom he voted.

19 Regulations.

19.—(1) The Minister may make regulations for prescribing any matter or thing which is referred to in this Act as prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

20 Expenses.

20.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by reason of this Act by the Minister for Posts and Telegraphs (whether such expenses relate to the exercise by candidates of the right of free postage conferred by Rule 18 of the First Schedule to this Act or are otherwise so incurred in relation to an Assembly election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.

21 Amendment of Act of 1963.

21.—(1) Section 91 of the Act of 1963 is hereby amended by the insertion in subsection (1) of the following paragraph after paragraph (b):

“(bb) the poll at an election of representatives to the European Assembly under the European Assembly Elections Act, 1977;”.

(2) Section 92 of the Act of 1963 is hereby amended by,

(a) the insertion in subsection (1) of “, Assembly electors” and “Assembly elections,” after “Dáil electors” and “presidential elections,”, respectively, and

(b) the insertion in subsection (3), after paragraph (c), of the following paragraph:

“(d) ‘Assembly electors’ and ‘Assembly elections’ have the same meanings, respectively, as in the European Assembly Elections Act, 1977.”,

and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(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, Assembly electors or electors at local elections, or the conduct of Dáil elections, presidential elections, Assembly 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.

22 Amendment of sections 48 and 74 of Defence Act, 1954.

22.—The Defence Act, 1954, is hereby amended by the insertion of “or who assumes the office of representative in the Assembly of the European Communities” after “House of the Oireachtas” both in subsection (6) of section 48 and in section 74, and the said subsection (6) and the said section 74, as so amended, are set out in the Table to this section.

TABLE

(6) An officer who becomes a member of either House of the Oireachtas or who assumes the office of representative in the Assembly of the European Communities shall thereupon relinquish his commission.

74.—A reservist who becomes a member of either House of the Oireachtas or who assumes the office of representative in the Assembly of the European Communities shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.

23 Short title.

23.—This Act may be cited as the European Assembly Elections Act, 1977.

FIRST SCHEDULE Rules referred to in Section 11 and Section 17

PART I Nominations

Order under section 6.

Notice of election.

(a) the times for receiving nominations,

(b) the amount of the deposit,

(c) the times and place at which nomination papers may be obtained,

(d) the times and place at which he will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.

Register of Political Parties.

Nomination of candidates.

(2) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may, if the Minister so thinks proper, include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Assembly,

(b) a form of declaration, to be signed by the candidate or his proposer, that he has read the notes and believes himself or the candidate (as may be appropriate) to be eligible for election and that he or the candidate (as may be appropriate) does not stand validly nominated in respect of any other constituency.

(3) Each nomination paper shall state the names (the surname being stated first), the address and the occupation (if any) of the candidate.

(4) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties of which he is a candidate or the name of such political party together with the name of any political group noted on such Register in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the prescribed form (in this Schedule referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 13 (3) (c) of the Act of 1963 or pursuant to that section as applied by section 8 of this Act. Where such a certificate is produced, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices and where pursuant to section 8 of this Act, a candidate includes in his nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices.

(5) Where a candidate is not the candidate of a political party registered in the Register of Political Parties, he shall be entitled to enter after his name on the nomination paper the expression “Non-Party” and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(6) The returning officer shall provide nomination papers during the usual office hours at such place or places as are named in the Notice of Election on each week-day, during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations and he shall supply a nomination paper or papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this Rule shall not be obligatory at an Assembly election, provided that the nomination paper used at the election is in the prescribed form.

(7) Any reference in this Rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to Rule 3 of this Schedule.

Deposit by candidates.

Return or disposal of deposit.

(a) withdraws his candidature in accordance with Rule 12 of this Schedule,

(b) dies before the poll is closed,

(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate,

(d) is elected, or

(e) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one-third of the quota.

(2) Any deposit which is not returned under the foregoing paragraph shall be forfeited.

(3) Where a deposit is to be returned under paragraph (1) of this Rule it shall be returned to the person by whom it was made; provided that a deposit made by a candidate who dies before the poll is closed shall be returned to his personal representative.

(4) A deposit forfeited under this Rule shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.

Times for receiving nominations.

Delivery of nomination papers.

(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.

(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the Notice of Election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on the said latest date.

Selection of nomination papers.

Ruling on validity of nomination papers.

(2) The candidate nominated by each nomination paper and his proposer, if any, and one other person designated by the candidate or his proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(3) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. Where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his proposer if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include a statement of his reasons. His decision under this Rule shall be final subject only to reversal on a petition questioning the election.

(5) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of his ruling to the candidate.

(6) Every person in respect of whom a nomination paper has, under this Rule, been determined to be valid and whose candidature is not withdrawn in accordance with Rule 12 of this Schedule or is not deemed under section 10 of this Act or Rule 20 (1) of this Schedule to have been withdrawn shall stand validly nominated as a candidate.

Publication of nominations.

Withdrawal of candidature.

(2) Where the returning officer is satisfied that a candidate or his proposer is unable to attend and wishes to withdraw his candidature, withdrawal may be effected by delivering to the returning officer not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.

Publication of withdrawal.

Obstruction of nominations.

(2) Where any proceedings for or in connection with such nomination are adjourned under this Rule, the latest date for receiving nominations shall be postponed for a period equal to the period of such adjournment and the returning officer shall so inform the Minister who may, by order, appoint the day for the taking of the poll in that constituency.

Appointment of agents.

(a) one election agent to assist him generally, and

(b) one local agent for each county or county borough contained in the constituency to assist him in such county or county borough and to act as deputy in such county or county borough for the election agent of the candidate.

(2) A candidate, his election agent or his local agent may appoint with respect to any polling district in the constituency one deputy local agent to assist the candidate in the polling district and to act therein as deputy for the candidate's election agent and local agent.

(3) An appointment under this Rule may be revoked by,

(a) in case the appointment is made under paragraph (1) of this Rule, the candidate,

(b) in case the appointment is otherwise made under this Rule, the candidate, his election agent or his local agent.

(4) Where an appointment under this Rule is revoked or an agent appointed under this Rule dies, resigns or becomes incapable of acting during an Assembly election, another agent may be appointed pursuant to and in accordance with this Rule to replace him.

(5) The name and address of every agent appointed under this Rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to—

(a) in the case of the election agent, the returning officer,

(b) in the case of a local agent or a deputy local agent, the local returning officer.

General provisions as to agents.

(a) at the issue of ballot papers to postal voters,

(b) in polling stations, and

(c) at the opening of the postal ballot boxes.

(2) Each candidate or his election agent may appoint agents to be present on the candidate's behalf at the counting of the votes.

(3) Subject to the provisions of paragraph (4) of this Rule, the number of agents who may be appointed to be present on behalf of any candidate shall be fixed,

(a) in the case of agents appointed to be present at the counting of the votes, by the returning officer,

(b) in the case of any other agents appointed under this Rule, by the local returning officer,

so, however, that the same number shall be allowed on behalf of every candidate.

(4) Each candidate, his election agent or his local agent may appoint one person (in this Schedule referred to as a “personation agent”) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation and offences under Rule 71 of this Schedule.

(5) An appointment under this Rule may be revoked by,

(a) in case the appointment is made pursuant to paragraph (2) of this Rule, the candidate or his election agent,

(b) in case the appointment is otherwise made under this Rule, the candidate, his election agent or his local agent.

(6) Each candidate, his election agent or his local agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or his election or local agent to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.

(7) Each candidate, his election agent or his local agent shall, not less than two days (excluding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every personation agent appointed by the candidate or his election or local agent together with the name of the polling station for which the personation agent is appointed. Every personation agent appointed in accordance with this Rule and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the said polling station during the period commencing thirty minutes before the hour fixed by the Minister for the commencement of the poll and ending when the ballot boxes and documents have been sealed by the presiding officer as provided by Rule 46 (2) of this Schedule.

(8) Each candidate, his election agent or his local agent shall, not less than two days (excluding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or his election or local agent to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified to him.

(9) Each candidate or his election agent shall, not less than two days (excluding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to him.

(10) Where an appointment under this Rule is revoked or an agent appointed under this Rule dies, resigns or becomes incapable of acting during an Assembly election, another agent may be appointed pursuant to and in accordance with this Rule to replace him, and in case such an appointment is made the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to,

(a) in case the appointment is made under paragraph (2) of this Rule, the returning officer,

(b) in case the appointment is otherwise made under this Rule, the local returning officer.

(11) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on his behalf by an agent and may be present (in addition to any such agent) at any place at which any such agent may, pursuant to this Schedule, be present.

(12) Any thing required by this Schedule to be done in the presence of the agents of the candidates shall not be invalidated by reason only of any such agent or agents not being present at the time and place appointed for doing such thing.

Officers not to act as agents of candidates, further candidatures, etc.

(2) A returning officer or a local returning officer shall not employ in any capacity for the purposes of an Assembly election any person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of any candidate or promoting the interests of any party at the election.

Candidates entitled to free postage.

(2) A candidate shall not be entitled to exercise the right of free postage conferred by this Rule before he is validly nominated, unless he has given such security as may be required by the Minister for Posts and Telegraphs for the payment of the postage on all communications sent by him under this Rule in case he does not eventually become nominated.

(3) Where in a constituency two or more candidates at an Assembly election are candidates of the same political party then for the purposes of this Rule those candidates shall be regarded as a single candidate.

Procedure after nominations.

(a) the number of candidates standing nominated exceeds the number of representatives to be elected, the returning officer shall adjourn the Assembly election and shall take a poll in accordance with this Act, or

(b) the number of candidates standing nominated is equal to or less than the number of representatives to be elected, the returning officer shall forthwith declare the candidates standing nominated to be elected and shall return their names to the chief returning officer and give public notice in accordance with the provisions of Rule 68 (3) of this Schedule.

Death of a candidate.

(2) Where, at any time during the period beginning seventy-two hours before the latest time for the withdrawal of candidature under Rule 12 of this Schedule and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the Assembly election—

(a) the returning officer shall notify the Minister and the chief returning officer of the death of the candidate and at the same time, if notice of the poll has been given, he shall countermand the poll,

(b) the returning officer shall give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,

(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,

(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the public notice referred to in subparagraph (b) of this paragraph and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date,

(e) the polling day at the fresh election shall be fixed by the Minister,

(f) Rule 3 of this Schedule shall not apply in relation to the fresh election and references to the Register of Political Parties contained in Rule 4 of this Schedule shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the countermanded election.

(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died—

(a) all votes cast at the Assembly election in the constituency shall be disregarded and the ballot papers destroyed,

(b) the returning officer shall notify the Minister and the chief returning officer of the death of the candidate.

(c) the provisions of subparagraphs (b) to (f) of paragraph (2) of this Rule shall apply.

(4) Where a candidate at an Assembly election dies in circumstances other than those referred to in paragraph (1), (2) or (3) the following provisions shall apply:

(a) his death shall not invalidate his nomination or any preference recorded for him and, if he is elected, his election shall not be invalidated by reason of his death,

(b) he shall be deemed to have been elected to membership of the Assembly by virtue of this Act and to have resigned his office immediately after having so become such a representative, and

(c) section 15 of this Act shall apply as regards the resultant vacancy in the Assembly.

(5) Where a poll is countermanded under this Rule, all ballot papers issued to postal voters shall be disregarded and the local returning officer shall destroy, without opening, all ballot papers received by him for inclusion in the countermanded poll.

PART II The Poll

Notice of the poll.

(a) the day on which and the hours during which the poll will be taken,

(b) the names and descriptions of the candidates standing nominated as entered in their nomination papers and of the proposers, if any, and

(c) the order in which the names of the said candidates will appear on the ballot papers.

Ballot papers.

(2) Ballot papers shall be prepared in accordance with the following directions—

(a) each ballot paper shall contain the names and descriptions of the candidates standing nominated, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are two or more candidates bearing the same surname in the alphabetical order of their other names, or if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer,

(b) the surname of each candidate shall be printed in large characters and his name, address and occupation, if any, as appearing in his nomination paper shall be printed in ordinary characters,

(c) the name of each candidate's political party, if any, shall be printed in large characters and the name of his political group, if any, shall be printed in ordinary characters,

(d) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates' names and descriptions appear shall be the same for each of the candidates,

(e) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper,

(f) apart from things permitted by the prescribed form, nothing shall appear on the ballot paper except in accordance with these directions.

(3) The returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers and it shall be his duty to supply as soon as practicable to every local returning officer such number of ballot papers as that officer shall reasonably require.

The official mark.

(2) The returning officer shall ensure that the official mark is kept secret and that any particular mark is not used at two consecutive Assembly elections in the constituency.

Ballot boxes.

Use of Dáil and local elections ballot boxes etc.

Issue of postal ballot papers.

(2) Each ballot paper issued under this Rule shall be marked with the official mark. The number (including polling district letter), name and description of the Assembly elector as stated in the postal voters list shall be called out, and a mark shall be placed in a copy of the postal voters list against the number of the elector to denote that a ballot paper has been issued to him, but without showing the number of the ballot paper so issued.

(3) The local returning officer shall place in an envelope addressed to the postal voter—

(a) the ballot paper,

(b) the form of receipt,

(c) an envelope (in this Schedule referred to as a “covering envelope”) addressed to the returning officer, and

(d) a smaller envelope, marked “Ballot Paper Envelope”,

and shall effectually close the first-mentioned envelope.

(4) The local returning officer shall count all envelopes addressed to the postal voters and forthwith deliver the envelopes to the nearest head post office or such other post office as may be arranged by him with the head postmaster; and the postmaster shall stamp with the post office date stamp a statement, to be presented by the local returning officer, of the number of envelopes so delivered and shall immediately forward the envelopes for delivery to the persons to whom they are addressed.

(5) Where an envelope issued to a postal voter in accordance with this Rule is returned to the local returning officer before the polling day as not having been delivered to the postal voter, the local returning officer may re-address the envelope and send it by post to that voter.

(6) As soon as practicable after completion at an Assembly election of the issue of the postal ballot papers the local returning officer, in the presence of the agents of the candidates, shall seal up in separate packets the marked copy of the postal voters list and the counterfoils of the ballot papers, endorsing on each packet a description of its contents, the name of the constituency and of the county or county borough for which he is the local returning officer and the date of the Assembly election to which it relates.

(7) The local returning officer shall give each candidate at an Assembly election at least twenty-four hours notice in writing of the time and place at which, if the election is contested, he will issue ballot papers to postal voters and of the number of persons each candidate may appoint as agents to attend such issue.

(8) The local returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates and no other person, except with the permission of the local returning officer, may be present at the issue of postal ballot papers.

Reception and custody of postal ballot papers.

(2) The local returning officer, on the receipt by him of a covering envelope, shall immediately place it unopened in the postal ballot box.

Polling cards.

(2) A polling card shall be addressed to the Assembly elector at the address in respect of which he is registered in the register of European Assembly 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 despatched by post and shall be transmitted free of charge by the earliest practicable post.

(4) No action or other proceeding shall lie against a local returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling card.

Use of schools and public premises.

(2) The returning officer or the local returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by him at an Assembly election.

(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll and counting the votes at an Assembly election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.

(4) A person having charge of a school adjoining or adjacent to, or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer or local returning officer of an intention to use such school or any part thereof at an Assembly election, object to such use by sending a statement of such objection to the officer by whom the notice was given. Any objection made under this paragraph may, on the application of the returning officer or the local returning officer, as may be appropriate, be over-ruled by the Minister if he thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this Rule.

(5) In this Rule “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.

Polling stations.

(2) The local returning officer shall allot the Assembly electors to the polling stations in such manner as, in his opinion, will be most convenient for them.

(3) The local returning officer shall give public notice of the location of polling stations in each polling place and the description of Assembly electors allotted to vote at each such place.

(4) The local returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.

(5) The local returning officer shall provide at each polling station—

(a) such number of compartments in which the voters can mark their ballot papers screened from observation, as he considers necessary,

(b) such furniture as he considers necessary,

(c) a sufficient number of ballot boxes,

(d) such number of ballot papers as he considers necessary,

(e) instruments for placing the official mark on ballot papers,

(f) copies of the register or such part thereof as contains the names of the Assembly electors allotted to vote at the station,

(g) such materials as he considers necessary to enable voters to mark their ballot papers,

(h) such other documents, forms, stationery and other materials as he considers necessary.

(6) The local returning officer shall keep a record of the ballot papers provided by him at each polling station.

Presiding officers and poll clerks.

(2) The local returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the Assembly election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the list of persons to whom he has offered, or proposes to offer, appointments as presiding officers or poll clerks.

(3) A presiding officer shall keep order at his station, regulate the number of Assembly electors to be admitted at a time and shall exclude all other persons except those authorised by Rule 35 of this Schedule to be present in the station.

(4) The presiding officer may do by a clerk appointed to assist him any act which he is required or authorised to do by this Schedule, except ordering the arrest, exclusion or ejection from the polling station of any person.

(5) The local returning officer may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Schedule in like manner as if he had been appointed a presiding officer.

Polling on islands.

(a) the poll cannot or could not be taken on the polling day, or

(b) if the poll were taken on that day, the ballot boxes could not reach the place for the counting of the votes at or before the time appointed for the commencement of the count under section 6 of this Act.

(2) Where this Rule 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 other than the polling day but within the period during which the relevant elections to the Assembly are to be held in each Member State and the following provisions shall, notwithstanding anything contained in this 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 poll 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 counting of the votes at or before the time appointed for the commencement of the count he may then close the poll.

(3) No alteration shall be made in the form or contents of the notice of poll to be published under Rule 21 of this Schedule by reason of the alteration under this Rule of the day and hours of poll in such polling district.

Polling on islands; further provisions.

(a) 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,

(b) where, after the poll 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 counting of the votes at or before the time appointed for the commencement of the count, he may then close the poll.

Opening of the poll.

Admission to polling station.

(a) the local returning officer and any deputy of his,

(b) the presiding officer and poll clerk for the station,

(c) the personation agents duly appointed for the station by or on behalf of the candidates,

(d) Assembly electors admitted for the purpose of voting at the polling station,

(e) companions of Assembly 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,

(f) members of the Garda Síochána on duty,

(g) messengers sent by or on behalf of the local returning officer and,

(h) persons authorised by the local returning officer to be present in the station.

Voting by persons in the employment of local returning officers.

Procedure for voting.

(2) Immediately before a ballot paper is delivered to an Assembly elector—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) the ballot paper shall be marked with the official mark,

(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.

(3) An Assembly elector on receiving the ballot paper shall (subject to the provisions of Rule 39 of this Schedule) go alone into one of the compartments in the polling station and there shall secretly record his vote on the ballot paper and fold the paper so that his vote is concealed. He shall then return to the presiding officer's table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

Spoilt ballot papers.

Voting by blind, incapacitated and illiterate Assembly electors.

(2) For the purposes of paragraph (1) of this Rule the presiding officer may, and if required by any candidate or personation agent present in the polling station shall, administer to the Assembly elector before delivery of the ballot paper 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 Assembly elector refuses to take the oath or make the affirmation, this Rule shall not apply.

(3) Where this Rule applies in the case of an Assembly 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 paragraph (4) of this Rule, the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.

(4) The presiding officer may, and if required by any candidate or personation agent present in the polling station 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 such of those question as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.

(5) Where this Rule applies and—

(a) the Assembly elector is illiterate, or

(b) the Assembly elector does not request that his ballot paper shall be marked for him by a companion, or

(c) the Assembly elector having so requested, the marking of his ballot paper by the companion would be in contravention of paragraph (4) of this Rule,

the presiding officer shall, in the presence of the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.

(6) A request made by an Assembly elector within four hours before the hour fixed by the Minister for the close 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 Assembly 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 Assembly electors.

(7) Where a ballot paper is to be marked pursuant to paragraph (5) of this Rule the presiding officer may assist the Assembly elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but he shall not act on any written instruction.

(8) Where, pursuant to this Rule a person has marked as a companion two ballot papers at an Assembly election, he shall not, at that election, mark as a companion any other ballot paper.

(9) A person shall not mark as a companion a ballot paper at an Assembly election if he is a candidate or agent of a candidate at that election.

Alleged personation.

(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the name and number (including polling district letter) on the register of European Assembly electors of each of the persons to whom such papers were issued.

Arrest of person committing certain offences.

(2) If at the time a person applies for a ballot paper at an Assembly election, or after he has applied for a ballot paper and before he has left the polling station, a personation agent declares to the presiding officer that he believes and undertakes in writing to prove that the applicant has committed personation or an offence under Rule 71 of this Schedule, the presiding officer shall order a member of the Garda Síochána to arrest the applicant on the charge of having committed personation or an offence under the said Rule 71, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.

(3) Any member of the Garda Síochána may, without any warrant arrest any person who, he believes, is committing, or has committed, personation or an offence under Rule 71 of this Schedule.

(4) Any arrest authorised by this Rule may be made at any place whether in a polling station or out of such a station.

(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on his direction, without malice, of any person on a charge of having committed personation or an offence under Rule 71 of this Schedule.

Maintenance of order in polling station.

(2) The powers conferred by the foregoing paragraph on a presiding officer shall be taken as including a power to remove from the polling station all election literature which advocates the candidature of a particular person or persons or of members of a political party.

(3) For the purpose of this Rule a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.

Obstruction of the poll.

(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.

(3) Where a poll is adjourned under this Rule the presiding officer shall forthwith give notice of such adjournment to the local returning officer who shall forthwith inform the returning officer. The returning officer shall not open any of the ballot boxes used in the constituency until the adjourned poll has been completed.

(4) This Rule shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.

Damage to polling stations.

(a) the local returning officer shall forthwith give public notice to that effect and take all such steps and give all such directions as he thinks proper for the holding or completion of the poll at such polling station,

(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the local returning officer,

(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and

(d) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll or the continued poll has been completed.

Destruction etc. of ballot boxes or ballot papers.

(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,

(b) the returning officer shall forthwith inform the Minister and the chief returning officer of the polling having so become void,

(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as he thinks proper for the taking of a fresh poll at every such polling station,

(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,

(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,

(f) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll has been completed.

Duties of presiding officer at close of poll.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets—

(a) the unused and spoilt ballot papers, placed together,

(b) the marked copies of the register of European Assembly electors,

(c) the counterfoils of the ballot papers,

(d) a ballot paper account in the prescribed form made out by him and a statement prepared in accordance with Rule 40 (2) of this Schedule,

(e) any certificates given by the local returning officer under Rule 36 of this Schedule authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation or an offence under Rule 71 of this Schedule, and

(f) the marking instrument, unused stationery and other documents and materials relating to the Assembly election,

and shall deliver all such ballot boxes and packets to the local returning officer.

(3) The local returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this Rule and of all documents connected with the poll.

(4) The local returning officer shall forthwith deliver to the returning officer each ballot box and ballot paper account delivered to him in pursuance of paragraph (2) of this Rule.

Right to vote.

(a) a person's name shall be taken to be on a register of European Assembly 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 any candidate or personation agent present in the polling station shall, put to any person when he applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:

(i) Are you the same person as the person whose name appears as A B on the register of European Assembly electors now in force for the constituency of.............?

(ii) Have you already voted at this election?

(iii) Had you reached the age of eighteen years on..........(date of coming into force of the register)?

(iv) Are you either or both of the following:

(A) a citizen of Ireland,

(B) a national of a Member State of the European Communities other than Ireland?

and unless such of those questions as are put to the person are answered, in the case of the first, third and fourth 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 by any candidate or personation agent present in the polling station shall, administer to any person when he applies 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 European Assembly 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 eighteen years on.......... (date of coming into force of the register) and that I am a citizen of Ireland (or—a national of a Member State of the European Communities other than Ireland—or— both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland—as the case may be).”

and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

(2) Save as is provided by this Rule and Rule 39 of this Schedule no question, oath, affirmation or objection shall be put or permitted at the time of the poll at an Assembly 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.

(3) Nothing in this Rule shall be construed as entitling any person to vote who is not entitled to do so, or as relieving him from any penalties to which he may be liable for voting.

PART III The Counting of the Votes

Chapter I Documents relating to postal voters

Opening of postal ballot boxes.

(2) The postal ballot boxes shall be opened by the local returning officer in the presence of the agents of the candidates.

(3) The postal ballot boxes shall be opened before the time fixed by the Minister, under section 6 of this Act, for the commencement of the count.

(4) The local returning officer, his assistants and clerks, members of the Garda Síochána on duty and the agents of the candidates duly appointed for the purpose under these Rules and no other person, except with the permission of the local returning officer, may be present at the opening of the postal ballot boxes.

Examination of documents received from postal voters.

49. (1) When a postal ballot box has been opened, the local returning officer shall extract the covering envelopes therefrom and count and note the number of covering envelopes so extracted. He shall then open each covering envelope separately and examine the receipt.

(2) If the receipt is found to be duly signed, he shall place the receipt and the ballot paper envelope in separate receptacles provided by him for the purpose.

(3) If he is not satisfied that the receipt has been duly signed he shall endorse the receipt “Rejected” and shall attach thereto the ballot paper envelope (without opening such envelope) or, if there is no such envelope, the ballot paper.

(4) A separate ballot box (which shall be subsequently delivered by the local returning officer to the returning officer who shall treat it as a ballot box for the purpose of the counting of the votes at the election) shall be provided and shall be shown open and empty to the agents of the candidates present and shall be locked and sealed by the local returning officer.

(5) Where a receipt does not appear to accompany the ballot paper envelope the local returning officer shall open the envelope and if it is found to contain the receipt he shall deal with the receipt and ballot paper in accordance with this Chapter.

(6) The local returning officer shall endorse “Rejected” any receipt not accompanied by a ballot paper and any ballot paper not accompanied by a receipt.

(7) Where a ballot paper and receipt are received together the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt, or either of them, were not placed in the proper envelopes or that any such envelope was not closed.

(8) The local returning officer shall on a request being made by the agent of a candidate show to the agent any receipt which he is rejecting on the ground that it has not been properly signed.

(9) The local returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from other documents.

Procedure as respects documents relating to postal voters.

(2) When the local returning officer has placed the postal ballot papers in the ballot box in accordance with this Rule, he shall seal up in separate packets—

(a) the receipts which accompanied the ballot papers duly accepted,

(b) the rejected receipts, with the envelopes, if any, attached, and

(c) the rejected ballot papers, with the envelopes, if any, attached.