European Assembly Elections (No. 2) Act , 1977

(3) Where covering envelopes are received by the local returning officer after the close of the poll, or where envelopes addressed to postal voters are returned as undelivered, the local returning officer shall not open such envelopes and shall, subject to his power of re-addressing them, seal them up in separate packets.

(4) The local returning officer shall endorse on each packet mentioned in paragraphs (2) and (3) of this Rule a description of its contents, the name of the constituency, the name of the county or county borough for which he is such returning officer and the date of the Assembly election to which such contents relate.

Postal votes to be counted.

Chapter II Arrangements for the counting of the votes

Place for the counting of the votes.

Attendance at the counting of the votes.

(2) The returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates duly appointed for the purpose under this Schedule and no other person, except with the permission of the returning officer, may be present at the counting of the votes.

(3) The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (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 consistent with the orderly conduct of the proceedings and the performance of his functions.

Preliminary proceedings.

(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes and he shall, on request, allow the agent of any candidate to copy the statement.

(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes in accordance with this Schedule.

Time for the counting of the votes.

Conduct of the counting of the votes.

(2) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.

Handling of ballot papers by candidates or agents.

Chapter III Rules for the counting of the votes

Interpretation (Part III, Chapter III).

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means—

(a) all the operations involved in the counting of the first preferences recorded for candidates; or

(b) all the operations involved in the transfer of the surplus of a candidate deemed to be elected; or

(c) all the operations involved in the transfer of the votes of an excluded candidate;

“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

“determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having being folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn;

“mark” means a figure, a word or a mark such as “X”;

“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever—

(a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference, or

(b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or

(c) it is void for uncertainty;

“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be interpreted as follows—

(a) “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference;

“second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;

“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference and so on;

(b) “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, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored;

“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(2) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate, or

(c) on which the figure 1 standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate, or

(d) on which anything is written or marked by which the voter can be identified,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(3) The returning officer shall endorse “Rejected” on any ballot paper which under this Rule is not to be counted. The returning officer shall prepare a statement in the prescribed form showing the number of ballot papers rejected by him under each of the subparagraphs (a), (b), (c) and (d) of paragraph (2) of this Rule and shall, on request, allow any candidate or agent of a candidate to copy such statement.

First count.

(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid papers.

The quota.

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

Transfer of surplus.

(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(4) In either of the cases referred to in paragraphs (2) and (3) of this Rule the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

(5) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference. Where, however, the surplus is greater than such total number, a sub-parcel shall be made of a number of non-transferable papers equal to the difference between such total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and, for the purposes of Rule 68 (3) of this Schedule shall be described as non-transferable papers not effective and the remaining non-transferable papers, also arranged as a sub-parcel, shall be placed with the papers of the candidate deemed to be elected.

(6) Where the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers. The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be ignored. Where two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8) A surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count; provided that—

(a) the returning officer need not necessarily transfer the surplus of a candidate deemed to be elected when that surplus, together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

(i) the number of votes credited to the lowest candidate is greater than one-third of the quota, or

(ii) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one-third of the quota;

(b) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference;

(c) if there are two or more surpluses each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.

(9) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their descending magnitude.

(10) Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus he will first deal with.

Exclusion of candidate.

(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude such two or more lowest candidates provided that—

(a) the number of votes credited to the second lowest candidate is greater than one-third of the quota, or

(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one-third of the quota, it is clear that the exclusion of the candidates separately in accordance with paragraph (1) of this Rule and the transfer of any untransferred surplus could not result in a number of votes exceeding one-third of the quota being credited to any such candidate.

(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

Transfer of votes.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of Rule 61 of this Schedule before any other candidate is excluded.

Filling of last vacancies.

(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this Rule no further transfer of votes need be made unless any of the continuing candidates has not been credited with a number of votes exceeding one-third of the quota and it is necessary for the purposes of Rule 6 of this Schedule to make further transfers of votes to establish whether such a number of votes could be credited to him.

Recount.

(2) The power, under paragraph (1) of this Rule, of a returning officer to recount at his discretion papers in any case in which he is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3) As respects each candidate, one request (and not more) may be made by him or his agent for a complete re-examination and recount of all parcels of ballot papers, and the returning officer shall forthwith re-examine and recount the parcels of ballot papers accordingly. In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this Rule shall make it obligatory on the 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 returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.

Declaration of the result of the poll.

Decisions of returning officer.

Chapter IV Result of Assembly election etc.

Return of persons elected.

(2) The return shall be made by a certificate in the prescribed form of the names and descriptions of such persons signed by the returning officer, as soon as practicable after the result of the poll has been declared in accordance with Rule 66 of this Schedule or, where there is no poll, when such persons have been declared elected in accordance with Rule 19 (b) of this Schedule.

(3) The returning officer shall give public notice of the names and descriptions of the candidates elected and also, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and of the total number of votes credited to each candidate at the end of the count at which such transfer took place. He shall send a copy of the said notice to the Minister, the chief returning officer and each person elected. He shall also send a copy of the statement referred to in Rule 54 (2) of this Schedule to the Minister.

Retention and disposal of documents.

(a) the counted ballot papers,

(b) the ballot papers rejected at the counting of the votes,

(c) the ballot paper accounts and the statement prepared in accordance with Rule 54 (2) of this Schedule, and

(d) the candidates' nomination papers, whether valid or invalid, and any certificates of political affiliation,

and shall mark on each packet particulars of its contents, the date of the polling day at the Assembly election and the constituency to which they relate and shall as soon as practicable forward the said packets to the chief returning officer.

(2) The local returning officer shall place in separate sealed packets—

(a) the unused and spoilt ballot papers,

(b) the counterfoils of ballot papers issued at polling stations,

(c) the marked copies of the register of European Assembly electors, and

(d) any authorisations to electors employed by the local returning officer to vote at other polling stations, and shall mark on each packet particulars of its contents, the date of the polling day at the Assembly election and the constituency and county or county borough to which they relate and shall as soon as practicable forward to the chief returning officer the said packets and the packets sealed up in accordance with Rule 26 (6) of this Schedule and paragraphs (2) and (3) of Rule 50 of this Schedule.

(3) The documents referred to in this Rule shall be retained by the chief returning officer for one year from the date of the poll at the Assembly election. At the expiration of the said period the chief returning officer shall, unless otherwise directed by an order of the High Court, cause the documents to be destroyed.

Return by chief returning officer.

PART IV Electoral Offences

Prohibition on voting more than once etc.

(a) apply for a ballot paper or vote at the election, and

(b) apply for a ballot paper or vote at an election being held as regards any Member State other than the State in pursuance of any provision laid down under any or all of the treaties.

(2) A person,

(a) who is registered in the register of European Assembly electors for the time being in force but is not entitled to be so registered, or

(b) who is not registered in that register,

shall not vote at an Assembly election.

(3) A person who contravenes paragraph (1) or (2) of this Rule shall be guilty of an offence.

(4) Where a fresh Assembly election is held pursuant to section 17 (7) of this Act and such election is held in a year other than that in which the relevant Assembly election declared wholly or partly void by the court was held, then for the purposes of this Rule the fresh Assembly election and the Assembly election to which the declaration relates shall be regarded as being held in the same year.

(5) For the purposes of this Rule, a person who has marked, whether validly or not, and returned to the local returning officer a ballot paper issued pursuant to Rule 26 of this Schedule shall be deemed to have voted.

Personation.

(a) votes or applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or

(b) having already voted, applies at the same election for a ballot paper in his own name,

shall be guilty of the offence of personation.

(2) For the purposes of this Rule, a person who has marked, whether validly or not, and returned to the local returning officer a ballot paper issued pursuant to Rule 26 of this Schedule shall be deemed to have voted.

(3) A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.

Bribery.

(a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or

(b) procure, by means of or in consequence of valuable consideration, the election of any person or the vote of any voter; or

(c) induce, by means of or in consequence of valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate, or withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or

(d) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.

(2) A person who contravenes paragraph (1) of this Rule shall be guilty of an offence.

(3) A person who aids, abets, counsels or procures the commission of an offence under this Rule shall be guilty of an offence.

(4) In this Rule—

“give”, “induce”, and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly;

“valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money's worth or valuable security or any valuable consideration or any office, place or employment to or for any person;

“vote” includes voting in a particular way or refraining from voting.

Undue influence.

(a) to induce or compel any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or in a particular way, or

(b) to induce or compel any person to withdraw, or to refrain from withdrawing, from being a candidate, or

(c) to induce or compel any person to be a candidate or to impede or prevent any person from being a candidate, or

(d) to impede or prevent the free exercise of the franchise by any Assembly elector,

shall be guilty of an offence.

Breach of secrecy.

(a) communicates, before the poll is closed, to any person any information obtained at the said issue as to the official mark, or

(b) attempts to ascertain at the said issue or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained at the said issue or the said opening.

(2) A person admitted to a polling station in any capacity at an Assembly election shall be guilty of an offence if, before the poll is closed he communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the register of European Assembly electors of any voter who has or has not applied for a ballot paper or voted at a polling station, or as to the official mark.

(3) A person who is present in any capacity at the counting of the votes at an Assembly election shall be guilty of an offence if he ascertains or attempts to ascertain at such counting the number on the back of any ballot paper, or if at any time he communicates any information obtained at such count as to the candidate for whom any vote is given on any ballot paper.

(4) A person shall be guilty of an offence if, at an Assembly election, except for some purpose authorised by law, he—

(a) interferes with or attempts to interfere with a voter when marking his vote, or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or

(b) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper issued to a voter at that station, or

(c) directly or indirectly induces any voter to display his ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or

(d) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.

Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.

(a) wilfully and without lawful authority, he takes, destroys, conceals, opens or otherwise interferes with any ballot box or packet of ballot papers, or any packet of papers or documents of any kind then in use or intended to be used for the purposes of an Assembly election, or any ballot paper account or marked copy of a register of European Assembly electors prepared or used for the purposes of the election, or any unused ballot paper, or

(b) he maliciously destroys, tears, or defaces a ballot paper, or

(c) he forges or counterfeits a ballot paper or the official mark on a ballot paper, or

(d) without lawful authority, he supplies a ballot paper to any person, or

(e) he fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in it, or

(f) he fraudulently takes a ballot paper out of a polling station, or

(g) he forges or fraudulently defaces or fraudulently destroys any nomination paper or any certificate of political affiliation, or any certificate under Rule 36 of this Schedule or any official envelope or form of receipt used in connection with voting by post, or any other form or document used at an election, or

(h) he produces to the returning officer a nomination paper, knowing the same to be forged, or

(i) he counterfeits the official mark, or

(j) without lawful authority, he removes, destroys or damages any instrument for stamping the official mark on ballot papers or makes or has in his possession any imitation or counterfeit of any such instrument.

Disorderly conduct at election meeting.

(2) A person who aids, abets, counsels or procures the commission of an offence under paragraph (1) of this Rule shall be guilty of an offence.

Omission of name and address of printer and publisher from Assembly election documents.

(2) A person shall be guilty of an offence if he prints, publishes or posts, or causes to be printed, published or posted, any such notice, bill, poster or similar document as aforesaid which does not bear upon its face the name and address of the printer and of the publisher thereof.

(3) The provisions of the preceding paragraphs of this Rule shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by a returning officer or a local returning officer.

(4) For the purposes of this Rule “print” includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.

Nominating or withdrawing a candidate without consent.

(a) nominate another person for election under this Act to the Assembly, or

(b) withdraw the candidature of another person for such election to the Assembly,

save with the consent of that person.

(2) A person who contravenes paragraph (1) of this Rule shall be guilty of an offence.

Forged certificate of political affiliation.

False declaration on nomination paper.

(a) to be eligible for election under this Act, and

(b) that he, or the candidate (as may be appropriate), does not stand validly nominated in respect of any other constituency,

then if he or the candidate (as may be appropriate) either,

(c) is not eligible for election under this Act, or

(d) stands validly nominated in respect of any other constituency,

the person shall be guilty of an offence.

(2) In a prosecution for an offence under paragraph (1) of this Rule, it shall be a good defence for the defendant to show that he had reasonable grounds for believing that he or the candidate (as may be appropriate) was eligible for election or did not stand validly nominated in respect of any other constituency.

Officer acting as agent of candidate or furthering a candidature.

Obstruction of nomination or poll.

Personation agent leaving polling station without permission.

(2) A personation agent who contravenes paragraph (1) of this Rule shall be guilty of an offence and in addition shall not, save with the permission of the presiding officer, return to the polling station in question.

Unlawful marking of ballot papers by persons acting as companions.

False statement of withdrawal or death of a candidate.

Misleading statement as to process of voting.

Handling of ballot papers by candidates or agents.

Unauthorised inspection of documents.

Limitation of time for prosecution of offence.

Penalties.

(a) on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, or

(b) on conviction on indictment to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(2) Where a person is guilty of an offence under Rule 78 or 88 of this Schedule, such person shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

Compensation where certain charge is unjustly made or not prosecuted.

Damages for breach of duty by officers, etc.

Certificate of returning officer prima facie evidence.

Corrupt withdrawal of petition.

PART V Assembly Election Petitions

Questioning an Assembly election.

Security for costs.

(2) Where a petition is presented by the Director of Public Prosecutions, section 17 (2) of this Act shall not apply.

Presentation of petition.

(2) Subject to paragraph (3) of this Rule, a petition shall not be presented save within the twenty-eight days next after the result of the Assembly election is declared by the returning officer.

(3) Where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the Assembly election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight days next after the day on which the said payment or consideration is alleged to have been made or to have passed.

(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—

(a) to any person to whose election the petition relates,

(b) to the Minister,

(c) to the chief returning officer,

(d) to the returning officer for the constituency to which the petition relates, and

(e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.

Grounds for petition.

(a) the Assembly election was affected by error or was not completed or was otherwise not conducted by the returning officer or any local returning officer in accordance with law,

(b) the Assembly election was affected by electoral offences,

(c) a candidate at an Assembly election was not eligible for election under section 7 of this Act to the Assembly.

(2) Notwithstanding any other provision of this Schedule, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.

(3) No Assembly election shall be declared invalid by reason of a non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake did not affect the result of the election.

Particulars in petition.

(a) the Assembly election to which it relates,

(b) the grounds on which it is based,

(c) the remedy it seeks,

(d) the name and address of the petitioner and his solicitor or agent, if any.

Trial of petition.

(2) The following provisions shall have effect in relation to the trial of a petition:

(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible;

(b) notwithstanding the death of any person to whose election the petition relates, his resignation as a representative in the Assembly or his otherwise ceasing to be such representative, the trial shall be continued until its result is determined;

(c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;

(d) the returning officer for the relevant constituency and any local returning officer concerned shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.

Counting of votes afresh.

(a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or

(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,

and where the court so orders, the provisions of the following paragraphs shall have effect.

(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3) and (4) of this Rule and to such modifications (if any) as the court considers necessary, the provisions of Chapter III of Part III of this Schedule relating to the counting of votes at an election shall apply to such counting.

(3) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the following to be ignored:

(a) preferences recorded on ballot papers which are invalid by virtue of Rule 58 (2) of this Schedule,

(b) preferences recorded on forged or counterfeited ballot papers, and

(c) preferences recorded for any person who, with respect to the relevant Assembly election, is found by the court not to have been eligible for election under this Act to the Assembly.

(4) The court shall have power to reverse any decision of a returning officer at the original count.

(5) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 14 (6) of this Act shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Assembly election.

Withdrawal of petition.

(2) Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating:

(a) the reasons for the proposed withdrawal, and

(b) that, to the best of the petitioner's knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Assembly or for any substantial reason not stated in the affidavit.

(3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.

(4) Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (2) of this Rule together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at, and if he thinks fit, oppose the application.

(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) of this Rule shall, unless the court otherwise directs, be made by all the petitioners.

(6) The withdrawal of a petition pursuant to this Rule shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Substitution of new petitioner following withdrawal.

(2) In case the court substitutes a petitioner under paragraph (1) of this Rule and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by Rule 95 of this Schedule to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.

Substituted petitioners.

(2) In case the court substitutes a petitioner under Rule 104 of this Schedule and does not make a direction under paragraph (2) of that Rule, or in case the court substitutes a petitioner under Rule 106 of this Schedule, the security required by this Act in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Abatement of petition.

(2) The abatement of a petition by virtue of paragraph (1) of this Rule shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.

(3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this Rule the petition shall thereupon be revived.

Matters relating to final order on trial of petition.

(2) The court shall have power to make such amendments in the return of persons elected made to the chief returning officer by a returning officer as it considers necessary in consequence of its decision on a petition.

Effect of certain declarations by court.

(2) Where an order mentioned in paragraph (1) of this Rule declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election under this Act to the Assembly, a specified other person was ascertained to have been elected, that other person shall forthwith stand elected as a representative to the Assembly.

No action to be taken in certain circumstances to fill vacancy in Assembly.

Witnesses.

(2) Subject to paragraph (3) of this Rule, a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant Assembly election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege; provided that,

(a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and

(b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.

(3) Nothing in this Rule shall be construed as affecting the right of any party to a petition to call any person as a witness.

Costs of petition.

(2) Without prejudice to paragraph (1) of this Rule, where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant Assembly election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under Rule 102 of this Schedule, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.

Further provisions regarding costs.

(2) Costs awarded to a returning officer or a local returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance and such debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.

(3) Subject to paragraph (4) of this Rule, costs awarded against a returning officer or a local returning officer at the trial of a petition shall be paid out of the Central Fund.

(4) Where the court is satisfied that the returning officer or a local returning officer has been grossly negligent in the discharge of his duties, the court may order that the officer shall be liable for any costs awarded against him by the court.

(5) Where an order is made under paragraph (4) of this Rule any costs awarded against an officer which are paid out of the Central Fund shall be a debt due to the Minister for Finance by the officer, and such debt, in default of being discharged, shall be recoverable by that Minister in any court of competent jurisdiction as a simple contract debt due to him.

Statement of case to Supreme Court.

(2) Notwithstanding anything contained in this Schedule, where a case is stated under this Rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part there of until such decision is given.

(3) Costs incurred in relation to a case stated under this Rule shall for all purposes be part of the costs incurred in relation to the petition.

PART VI General

Secrecy.

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

(b) present at the opening of postal ballot boxes, or

(c) admitted to a polling station in any capacity, or

(d) present in any capacity at the counting of the votes, shall maintain, and aid in maintaining, the secrecy of the ballot.

Illness etc. of returning officer or local returning officer.

(2) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer or local returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer or local returning officer during the period of the vacancy.

Taxation of returning officer's account etc.

(2) On the request of a returning officer or local returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit, and on such terms as he thinks fit, make such an advance.

(3) The taxation under this Rule of the account of a returning officer or local returning officer shall, if the judge so directs on the application of such officer, include determination of the amount of any claim made by any person against such officer in respect of any matter charged for in such account.

Publication of notices.

Issuing of instructions.

(2) Subject to paragraph (3) of this Rule, it shall be the duty of every returning officer or local returning officer to observe and comply with all instructions given to him by the Minister.

(3) No returning officer or local returning officer shall be required or authorised by an instruction given to him by the Minister under this Rule to do any act (whether of commission or omission) which is contrary to this Act, or which would, directly or indirectly, infringe the secrecy of the ballot.

Polling districts and places.

Interpretation (First Schedule).

“ballot paper” has the meaning assigned to it by Rule 22 (1);

“certificate of political affiliation” has the meaning assigned to it by Rule 4(4);

“covering envelope” has the meaning assigned to it by Rule 26 (3);

“excluded day” means a day which is a Sunday, Christmas Day, Good Friday or a bank holiday or a day which by virtue of a statute or proclamation is a public holiday;

“Notice of Election” has the meaning assigned to it by Rule 2;

“notice of poll” has the meaning assigned to it by Rule 21;

“the official mark” has the meaning assigned to it by Rule 23(1);

“personation agent” has the meaning assigned to it by Rule 16(4);

“postal ballot box” has the meaning assigned to it by Rule 27(1);

“the quota” has the meaning assigned to it by Rule 60(1).

(2) References in this Schedule to polling districts and polling places shall be construed having regard to Rule 119.

SECOND SCHEDULE Constituencies

Name	Area	Number of Representatives
Dublin	The administrative county of Dublin and the county borough of Dublin.	Four
Connacht-Ulster	The administrative counties of: Cavan, Donegal, Galway, Leitrim, Mayo, Monaghan, Roscommon and Sligo.	Three
Leinster	The administrative counties of: Carlow, Kildare, Kilkenny, Laoighis, Longford, Louth, Meath, Offaly, Westmeath, Wexford and Wicklow.	Three
Munster	The administrative counties of: Clare, Cork, Kerry, Limerick, Tipperary North Riding, Tipperary South Riding and Waterford; and the county boroughs of: Cork, Limerick and Waterford.	Five