ELECTORAL ACT, 1992

• (d) the personation agents duly appointed in writing for the station by or on behalf of the candidates,

• (e) Dáil electors admitted for the purpose of voting at the polling station,

• (f) companions of Dáil 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,

• (g) members of the Garda Síochána on duty,

• (h) messengers sent by or on behalf of the returning officer, and

• (i) other persons authorised by the returning officer to be present in the station.

99 Voting by persons in the employment of returning officers.

99.—Where a Dáil elector for a constituency is employed by a returning officer for any purpose in connection with a Dáil election and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which that Dáil elector would otherwise be entitled to vote, the returning officer may authorise such Dáil elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.

100 Authorisation of physically ill or physically disabled elector to vote at another polling station.

100.—Where, not less than 7 days before polling day at a Dáil election, a Dáil elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote, the returning officer may, if he is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station situate in the same constituency, in writing authorise the elector to vote at such polling station as may be specified in the authorisation instead of the polling station at which the elector would otherwise be entitled to vote.

101 Procedure for voting.

101.—(1) Subject to the provisions of sections 38, 64, 79, 99, 100, 103, 104, 105 and 111, the presiding officer shall deliver a ballot paper to a Dáil elector who applies therefor and declares his name and address.

• (2) Immediately before a ballot paper is delivered to a Dáil 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) A Dáil elector on receiving the ballot paper shall (subject to the provisions of section 103) 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.

102 Spoilt ballot papers.

102.—A voter who has inadvertently spoiled his ballot paper shall, on returning it to the presiding officer and satisfying him as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “spoilt” on the spoilt ballot paper and on the counterfoil thereof. He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with section 110.

103 Voting by blind, incapacitated and illiterate electors.

103.—(1) Where a Dáil elector applying for a ballot paper satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance, this section shall apply.

• (2) For the purposes of subsection (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the Dáil 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 unable to read or write to such an extent — as the case may be) that I am unable to vote without assistance”

and if the Dáil elector refuses to take the oath or make the affirmation, this section shall not apply.

• (3) Where this section applies in the case of a Dáil 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 subsection (4), 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 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 questions 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 section applies and—

• (a) the Dáil elector is unable to read or write, or

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

• (c) the Dáil elector having so requested, the marking of his ballot paper by the companion would be in contravention of subsection (4),

the presiding officer shall, in the presence of the elector and 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 a Dáil elector within two hours before the hour fixed by the Minister for the close of the poll to have his ballot paper marked for him under this section otherwise than by acompanion may be refused by the presiding officer if, in his opinion, having regard to the number of Dáil 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 Dáil electors.

• (7) Where a ballot paper is to be marked pursuant to subsection (5) the presiding officer may assist the Dáil 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 section, a person has marked as a companion two ballot papers at a Dáil 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 a Dáil election if he has not reached the age of 16 years or if he is a candidate or agent of a candidate at that election.

104 Alleged personation.

104.—(1) Where, at a Dáil election, a ballot paper has been issued to a person representing himself to be a particular Dáil elector named on the register of Dáil electors and another person representing himself to be that Dáil elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under section 111 and answers such of the questions as may be put to him or takes the oath or makes the affirmation under the said section, subject to section 111, that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other Dáil elector.

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

105 Arrest of person committing personation.

105.—(1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation he may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.

• (2) If at the time a person applies for a ballot paper at a Dáil 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, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation 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 has reasonable cause to believe, is committing, or has committed, personation.

• (4) Any arrest authorised by this section 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.

106 Maintenance of order in polling station.

106.—(1) If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer for that station, he may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove him. A person so removed shall not re-enter the polling station without the permission of the presiding officer.

• (2) The presiding officer shall as far as practicable ensure that all material which advocates the candidature of a particular person or persons or of members of a political party is removed from the polling station.

• (3) For the purpose of this section 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.

107 Obstruction of the poll.

107.—(1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.

• (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 section the presiding officer shall forthwith give notice of such adjournment to the returning officer who shall not open any of the ballot boxes used in the constituency until the adjourned poll has been completed.

• (4) This section 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.

108 Damage to polling stations.

108.—Subject to sections 56, 62, 63, 85, 86, 107 and 109, where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 96 the following provisions shall have effect:

• (a) the returning officer shall—

• (i) forthwith give public notice to that effect,

• (ii) inform the Minister, and

• (iii) 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 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.

109 Destruction etc. of ballot boxes or ballot papers.

109.—If at a Dáil election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:

• (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 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.

110 Duties of presiding officer at close of poll.

110.—(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Dáil electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.

• (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 Dáil electors,

• (c) the counterfoils of the ballot papers,

• (d) a ballot paper account in such form as may be directed by the Minister made out by him and a statement prepared in accordance with section 104 (2),

• (e) any authorisations given by the returning officer under section 99 or 100 authorising persons to vote at the polling station,and any undertakings by a personation agent to prove that a person has committed personation, and

• (f) the marking instruments, unused stationery and other documents and materials relating to the Dáil election,

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

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

111 Right to vote.

111.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a Dáil election in that constituency.

• (2) For the purposes of this section—

• (a) a person's name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person's name;

• (b) (i) the returning officer or the presiding officer may of his own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;

• (ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under this section;

• (c) the returning officer or presiding officer may, and if so required by a 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 AB on the register of Dáil 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)?

and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;

• (d) the returning officer or presiding officer may, and if so required by a 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 AB on the register of Dáil electors now in force for the constitutency 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 if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

• (3) Save as is provided by this section and section 103, no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a Dáil election as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or presiding officer.

• (4) Nothing in this section 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 XVIII Arrangements for the Counting of the Votes

112 Place for the counting of the votes.

112.—The returning officer for a constituency shall appoint a place within or convenient to the constituency as the place at which he will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with Part XIX and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the Dáil election concerned.

113 Attendance at the counting of the votes.

113.—(1) Not less than 4 days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he will proceed to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.

• (2) The 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 this Act may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.

• (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 satisfyingthemselves that the ballot papers have been 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.

114 Preliminary proceedings.

114.—(1) At 9 a.m. on the day next following the polling day, and at the place appointed under section 112, the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.

• (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 Part XIX.

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

115 Time for the counting of the votes.

115.—The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, except during time for refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.

116 Conduct of the counting of the votes.

116.—The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with Part XIX, ascertain and record the number of votes given to each candidate.

117 Handling of ballot papers by candidates or agents.

117.—Candidates or their agents shall not handle ballot papers during the counting of the votes.

PART XIX Rules for the Counting of the Votes

118 Interpretation (Part XIX).

118.—(1) In this Part—

“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;

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

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

• (d) all the operations involved in the transfer of the votes of two or more candidates together;

“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 been 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, and, in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest;

“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 disregarded;

“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 which, in the opinion of the returning officer, is calculated to identify the elector;

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 section is not to be counted. The returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected by him under each of the paragraphs (a), (b), (c) and (d) of subsection (2) and shall, on request, allow any candidate or agent of a candidate to copy such statement.

• (4) The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.

119 First count.

119.—(1) After the ballot papers have been mixed in accordance with section 114 the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

• (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.

120 The quota.

120.—(1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of vacancies to be filled; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Act as “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.

121 Transfer of surplus.

121.—(1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to the provisions of this section to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

• (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 subsections (2) and (3) 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) Where—

• (a) the surplus is equal to 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,

• (b) the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in paragraph (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being, for the purposes of section 127 (1), described as non-transferable papers not effective,

and the non-transferable papers or the remaining non-transferable papers, as the case may be, 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 following provisions shall apply:

• (a) the returning officer shall transfer from each sub-parcel oftransferable 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,

• (b) 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,

• (c) a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with paragraph (b) and 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 disregarded,

• (d) where two or more fractions are of equal magnitude, and it is not possible for the purposes of paragraph (c) to reckon all of the said fractions as of the value of unity, 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) The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

• (a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or

• (b) 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 quarter of the quota.

• (9) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then,subject to subsection (8), be transferred 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.

• (11) Subject to subsections (8) and (9), where two or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.

122 Exclusion of candidate.

122.—(1) If at any time no candidate has a surplus (or when under section 121 (8) an existing surplus is not transferred) and one or more vacancies remain unfilled, the returning officer shall—

• (a) exclude the candidate credited with the lowest number of votes and examine all the papers of that candidate;

• (b) arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates and transfer each sub-parcel to the candidate for whom the preference is recorded;

• (c) make a separate sub-parcel of the non-transferable papers and set them aside as finally dealt with, such papers being, for the purposes of section 127 (1), described as non-transferable papers not effective.

• (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 shall 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 quarter 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 quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subsection (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.

• (3) If, when a candidate has to be excluded under this section, 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 lowest 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 numberof 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.

123 Transfer of votes.

123.—(1) Where a transfer of votes is made under section 121 or 122, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

• (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 section 121 before any other candidate is excluded.

124 Filling of last vacancies.

124.—(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

• (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 section no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 48 (1) (e) to make such transfer in order to establish whether such a number of votes could be credited to him.

125 Recount.

125.—(1) Any candidate or the election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this subsection shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.

• (2) The returning officer may at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count. The power under this subsection of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.

• (3)
• (a) As respects each candidate, one request (and not more) may be made by him or his election agent for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly.

• (b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.

• (c) Nothing in the provisions of this subsection 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.

• (d) Nothing in this subsection shall make it obligatory on the returning officer to comply with a request by a candidate or his election agent which, in the opinion of the returning officer, is frivolous or vexatious.

• (e) A request under this subsection may be made only at the conclusion of a count.

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

• (5) Where a request made under subsection (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or proceed further with the re-examination and recount.

126 Declaration of result of the poll.

126.—On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.

127 Notice of result of election.

127.—(1) The returning officer shall give public notice in the form directed by the Minister of the names and descriptions of the candidates elected and, 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.

• (2) The returning officer shall send a copy of the notice referred to in subsection (1) to the Minister and to each person elected and shall send a copy of the statement referred to in section 114 (2) to the Minister.

128 Decision of returning officer.

128.—The decision of the returning officer, whether expressed or implied by his acts, on any question which arises in relation to the exclusion of any candidate under section 122 or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the Dáil election.

PART XX Retention, Inspection and Disposal of Documents

129 Retention and disposal of documents.

129.—(1) On the completion of the counting of the votes, the returning officer shall place in separate sealed packets—

• (a) the counted ballot papers,

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

• (c) the unused and spoilt ballot papers, and

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

and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which they relate.

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

• (a) the marked copies of the register of Dáil electors,

• (b) the ballot paper accounts and the statement prepared in accordance with section 114,

• (c) the candidates’ nomination papers, whether valid or invalid, and the certificates of political affiliation, and

• (d) the authorisations to electors to vote at other polling stations,

and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which they relate and shall as soon as practicable forward the documents referred to in this section, in section 76 and in section 83 (2) to the Clerk of theDáil.

• (3) The documents referred to in this section including those referred to in sections 76 and 83 shall be retained by the Clerk of the Dáil for 6 months from the date of the poll at the election. At the expiration of the said period the Clerk of the Dáil shall, unless otherwise directed by an order of the High Court or he has reason to believe that the documents may be required for a purpose referred to in section 130 (3), cause the documents to be destroyed.

130 Inspection of ballot papers etc.

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

• (2) The documents referred to in subsection (1) are—

• (a) the counterfoils of the ballot papers sent to postal voters under section 68,

• (b) the counterfoils of the ballot papers delivered to special voters under section 82,

• (c) the documents referred to in subsections (2) and (3) of section 76, and

• (d) the documents referred to in subsection (1) of section 129.

• (3) An order referred to in subsection (1) 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) may be made subject to such conditions as to persons, time and 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 is made for the production by the Clerk of the Dáil of any document in his possession relating to a Dáil election, the production by or on behalf of the Clerk of the Dáil of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet so produced 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.

131 Inspection of certain other documents.

131.—All documents sent by a returning officer in pursuance of this Act to the Clerk of the Dáil, other than documents referred to in section 130, shall be open to public inspection at such time and under such conditions as may be specified by the Clerk of the Dáil. The Clerk of the Dáil shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance.

PART XXI Dáil Election Petitions

132 Questioning of Dáil elections.

132.—(1) A Dáil election may, and may only, be questioned by a petition to the High Court.

• (2) The provisions of the Third Schedule shall have effect as regards a petition.

• (3)
• (a) Subject to paragraph (b) and Rule 2 (2) of the Third Schedule a petition shall not be accepted for lodgment with the court unless the petitioner lodges with the petition security in the sum of £5,000 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) 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.

• (4) A petition may be presented by any person who is registered or entitled to be registered as a Dáil elector in the constituency but may only be presented within a period specified in Rule 3 of the Third Schedule.

• (5) A Dáil election may be questioned on the grounds of want of eligibility, the commission of an offence referred to in Part XXII, obstruction of or interference with or other hindrance to the conduct of the election or mistake or other irregularity which is likely to have affected the result of the election.

• (6) 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.

• (7) At the trial of a petition the High Court shall determine the matter at issue in the petition and, if it does not dismiss the petition, shall, where appropriate, include in its order determining the matter at issue either—

• (a) a declaration of the correct result of the election concerned, or

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

• (8) Where the court declares that the whole or any part of a Dáil 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 Dáil 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 a general election otherwise is due to be held in the State within the period of six months next following the said date.

PART XXII Electoral Offences

133 Offences in relation to registration of electors.

133.—(1) Any person who knowingly furnishes false information in a claim for correction in a draft register or, having been duly required pursuant to the provisions of the Second Schedule to give any information in his possession which a registration authority or county registrar may require for the purpose of their duties, fails or refuses to give the information or knowingly gives false information, shall be guilty of an offence.

• (2) Any person who—

• (a) in relation to a statement pursuant to section 12 or to an application pursuant to section 17 knowingly gives any information which is false or misleading, or

• (b) makes a statement pursuant to section 12 in the name of another person, or

• (c) applies in the name of another person to be entered in the special voters list,

shall be guilty of an offence.

• (3)
• (a) Any person who, without lawful authority, wilfully destroys or mutilates any notice, draft register, copy of the register of electors, electors lists or other document made available for public inspection in connection with the preparation of the register of electors shall be guilty of an offence.

• (b) An offence under this subsection may be prosecuted by the authority which caused the notice, draft register, copy of the register of electors or other document to be made available for public inspection.

134 Personation.

134.—(1) A person who—

• (a) at a Dáil election 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 obtained a ballot paper once at a Dáil election applies at the same election for a ballot paper in his own name (otherwise than under section 102), shall be guilty of the offence of personation.

• (2) For the purposes of this section, a person to whom a ballot paper has been issued pursuant to section 68 shall be deemed to have obtained a ballot paper.

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

135 Bribery.

135.—(1) A person shall not, in relation to a Dáil election—

• (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) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or

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

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

• (2) A person who contravenes subsection (1) shall be guilty of an offence.

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

• (4) In this section—

“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.

136 Undue influence.

136.—A person who, in relation to a Dáil election, directly or indirectly makes use of or threatens to make use of any force, violence or restraint against or inflicts or causes or threatens to inflict or cause any temporal or spiritual injury or loss on or to any person, or attempts by abduction, duress, or fraud—

• (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 Dáil elector,

shall be guilty of an offence.

137 Breach of secrecy.

137.—(1) A person who is present at the issue of ballot papers to postal voters or at voting by special voters or at the opening of postal ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, he—

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

• (b) attempts to ascertain at the said issue or the said voting 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 voting or the said opening.

• (2) A person admitted to a polling station in any capacity at a Dáil 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 Dáil 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 a Dáil election shall be guilty of an offence if, except for some purpose authorised by law, 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 a Dáil election, except for some purpose authorised by law, he—

• (a) interferes with or attempts to interfere with a voter when marking his ballot paper, 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.

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

138.—A person shall be guilty of an offence if—

• (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 a Dáil election, or any ballot paper account or marked copy of a register of Dáil 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) without lawful authority, he 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 authorisations under section 99 or section 100 or any official envelope or form of declaration of identity or form of receipt used in connection with special voting or 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 placing the official mark on ballot papers or makes or has in his possession any imitation or counterfeit of any such instrument.

139 Disorderly conduct at election meeting.

139.—(1) A person shall be guilty of an offence if, between the date of the issue of a writ for the election of a member or members of the Dáil for a constituency and the date on which the return is made to the Clerk of the Dáil under section 39, he acts in a disorderly manner at a lawful public meeting held in connection with the election.

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

140 Omission of name and address of printer and publisher from Dáil election documents.

140.—(1) Every notice, bill, poster or similar document having reference to a Dáil election or distributed for the purpose of furthering the candidature of any candidate at a Dáil election shall bear upon its face the name and address of the printer and of the publisher thereof.

• (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 subsections (1) and (2) shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by a returning officer.

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

141 Nominating or withdrawing a candidate without consent.

141.—(1) A person shall not—

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

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

save with the consent of that person.

• (2) A person who contravenes subsection (1) shall be guilty of an offence.

142 Forged certificate of political affiliation.

142.—A person who produces to a returning officer a certificate such as is referred to in section 46 which that person knows to be forged, shall be guilty of an offence.

143 False declaration on nomination paper.

143.—(1) In case a person who, being a candidate or the proposer of a candidate at a Dáil election, makes a declaration on a nomination paper that he has read the notes on the nomination paper and believes the candidate to be eligible for election under this Act then if the candidate is not eligible for election under this Act the person shall be guilty of an offence.

• (2) In a prosecution for an offence under subsection (1), it shall be a good defence for the defendant to show that he had reasonable grounds for believing that the candidate was eligible for election.

144 Officer acting as agent of candidate or furthering a candidature.

144.—A returning officer, an assistant, deputy or acting returning officer or any person employed by any such officer for any purpose relating to a Dáil election who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election shall be guilty of an offence.

145 Obstruction of nomination or poll.

145.—A person who at a Dáil election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.

146 Interference with or destruction of postal ballot papers.

146.—(1) Any person who, at a Dáil election—

• (a) wilfully and without lawful authority takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter under this Act, or

• (b) without lawful authority knowingly supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it,

shall be guilty of an offence.

• (2) A person who aids, abets, counsels or procures the commission of an offence under this section or who solicits or incites any other person to commit such an offence shall be guilty of an offence.

147 Obstruction of or interference with electors.

147.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

• (2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under section 107, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

• (a) loiter or congregate with other persons;

• (b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;

• (c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or

• (d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

• (3) For the purpose of this section, 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 and the distance referred to in subsection (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

• (4) A person who contravenes subsection (1) or (2) shall be guilty of an offence.

148 Personation agent leaving polling station without permission.

148.—(1) A personation agent shall not, during the hours fixed under section 96 for the holding of the poll, leave the polling station to which he is appointed without previously obtaining the permission of the presiding officer and depositing with the said presiding officer all registers, books and documents in which he has made any note, writing or mark during the poll.

• (2) A personation agent who contravenes subsection (1) 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.

149 Prohibition on voting by person registered as elector when not entitled to be so registered.

149.—(1) A person—

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

• (b) who is not registered in that register,

shall not vote in that constituency.

• (2) A person who contravenes subsection (1) shall be guilty of an offence.

150 Unlawful marking of ballot papers by persons acting as companions.

150.—A person who contravenes subsection (8) or (9) of section 103 shall be guilty of an offence.