Presidential Elections Act, 1937

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FIRST SCHEDULE.

Rules for Taking a Poll.

PART I.

Functions of the Local Returning Officers.

Deputy local returning officer.

1. It shall be lawful for any local returning, officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer, and accordingly in this Schedule the expression “local returning officer” includes, in relation to any duties for which a deputy local returning officer is so appointed, the deputy local returning officer so appointed.

Notice to local returning officers.

2. As soon as practicable after adjourning a presidential election for the purpose of taking a poll, the presidential returning officer shall send to every local returning officer notice in writing of the adjournment of such election, the names, addresses, and other particulars of the candidates, and the date of the polling day.

Publication of notice of the poll.

3. Every local returning officer shall, immediately upon receiving from the presidential returning officer the notice mentioned in the next preceding rule, give public notice of the taking of the poll, the names, addresses, and other particulars of the candidates, the date of the polling day, and the time of the opening and of the closing of the poll.

Provision of polling stations.

4. At every polling place the local returning officer shall provide a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those electors in such manner as he thinks most convenient.

Provision of compartments.

5. Each polling station shall be furnished with such number of compartments, in which the voters can mark their votes screened from observation, as the local returning officer thinks necessary, but at least one compartment shall be provided for every one hundred and fifty electors entitled to vote at such polling station.

Position of polling station.

6. A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth.

Voting at polling station.

7. No person shall be admitted to vote at any polling station, except the one allotted to him.

Notice of situation of polling stations.

8. The local returning officer shall give public notice of the situation of polling stations, and the description of electors entitled to vote at each station, and of the mode in which electors are to vote.

Local returning officer to provide materials, etc.

9. The local returning officer shall provide at each polling station materials wherewith voters may mark their ballot papers, instruments for stamping the official mark on the ballot papers, and copies of the register of electors or such part thereof as contains the names of the electors allotted to vote at such station.

Secrecy of the official mark.

10. The local returning officer shall keep the official mark secret.

Appointment of clerks to assist presiding officers.

11. (1) The local returning officer may appoint, for each polling station, such and so many clerks as he shall think proper to assist the presiding officer at such polling station.

(2) A presiding officer may do, by the clerks appointed under this rule to assist him, any act which he is required or authorised by this Act to do, except ordering the arrest of any person or the exclusion or ejection of any person from the polling station.

Duties of presiding officers during the poll.

12. Every presiding officer shall keep order at his polling station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except his clerks, the personation agents of the candidates, and the members of the Gárda Síochána on duty.

Undertaking for secrecy at the poll.

13. Every local returning officer and every officer, clerk, candidate, personation agent, and other person who is permitted to be present in a polling station (otherwise than for the purpose of voting at the poll) shall, before the opening of the poll, sign an undertaking in the prescribed form to preserve the secrecy of the ballot.

Ballot boxes.

14. (1) Every ballot box shall be so constructed that, without the box being unlocked, the ballot papers can be introduced therein, but cannot be withdrawn therefrom.

(2) The presiding officer at each polling station, immediately before the commencement of the poll, shall show the ballot boxes empty to such persons, if any, as may then be present in such station, so that they may see that they are empty, and shall then lock each ballot box and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Method of voting.

15. Immediately before a ballot paper is delivered to an elector it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and description of the elector as stated in the copy of the register of electors shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.

Method of voting continued.

16. The elector, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box.

Incapacitated electors.

17. (1) If any elector satisfies the presiding officer that his sight is so impaired or he is otherwise so physically incapacitated or he is so illiterate that he is unable to vote without assistance the presiding officer shall, in the presence of the personation agents of the candidates, cause the vote of such elector to be marked on a ballot paper in the manner directed by such elector and shall place the ballot paper so marked in the ballot box.

(2) A request made by any elector within four hours before the hour fixed for closing the poll to have his ballot paper marked for him under this rule may be refused by the presiding officer, if in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.

(3) In carrying out the provisions of this rule the presiding officer shall observe and comply with the following directions, that is to say:—

(a) the presiding officer shall ask the voter—“For which candidates do you desire to express a preference and in what order?”, and the presiding officer shall then mark the ballot paper in accordance with the answer given by the voter;

(b) where a voter fails to understand the import of the said question, the presiding officer shall do the following things, that is to say:—

(i) he shall read out the names of all the candidates in the order in which they appear on the ballot paper and then ask the voter—“To which of these candidates do you wish to give your vote?”,

(ii) the presiding officer shall then place the figure 1 on the ballot paper so as to indicate a first preference for the candidate named by the voter in his answer to the said question,

(iii) the presiding officer shall then ask the voter—“Do you wish to express a second preference?”, and if the answer is in the affirmative, he shall read out the names of all the remaining candidates in the order in which they appear on the ballot paper, and shall then ask the voter—“For which of these candidates do you wish to express a second preference?”,

(iv) the presiding officer shall then place the figure 2 on the ballot paper so as to indicate a second preference for the candidate named by the voter in his answer to the last-mentioned question,

(v) the presiding officer shall repeat the operation if and so often as may be required in reference to a third or any subsequent preference so long as the voter wishes to express any such preference;

(c) the presiding officer shall not accept, consider, or act upon any paper or document purporting to show the manner in which the voter desires to give his vote or express a preference, and shall not mark the ballot paper of the voter otherwise than after compliance and in accordance with the foregoing provisions of this rule.

Alleged personation.

18. If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath or affirmation permited by this Act to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet and shall not be counted by the returning officer, and the name of such elector and his number on the register shall be entered on the tendered votes list in the prescribed form.

Inadvertent destruction of ballot paper.

19. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled.

Sealing and disposal of ballot boxes.

20. (1) As soon as practicable after the close of the poll, the presiding officer at each polling station shall, in the presence of the personation agents of the candidates, seal up with his own seal and the seals of such personation agents as desire to affix their seals the ballot boxes used at the poll in that polling station so as to prevent the introduction of additional ballot papers.

(2) As soon as practicable after the close of the poll, the presiding officer at each polling station shall deliver the said ballot boxes, sealed up as directed by this rule, to the local returning officer who shall thereupon take charge of such ballot boxes.

Duty of presiding officer at close of poll.

21. The presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the personation agents of the candidates, make up into separate packets sealed with his own seal and the seals of such personation agents as desire to affix their seals—

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

(b) the tendered ballot papers; and

(c) the marked copies of the register of electors, and the counterfoils of the ballot papers; and

(d) the tendered votes list,

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

Statement by presiding officer.

22. The packets mentioned in the next preceding rule shall be accompanied by a statement in the prescribed form made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of (a) ballot papers in the ballot box, (b) unused ballot papers, (c) spoilt ballot papers, and (d) tendered ballot papers, which statement is in this Act referred to as the ballot paper account.

Opening of the ballot boxes.

23. As soon as practicable after the close of the poll in each constituency the local returning officer for that constituency shall open each ballot box used at the poll in that constituency, take out the ballot papers therein, count and record the number thereof, and then mix together the whole of the ballot papers contained in the said ballot boxes.

Candidates' agents at opening of the ballot boxes.

24. Every local agent of a candidate may appoint agents to attend on behalf of such candidate the opening of the ballot boxes in his constituency by the local returning officer and the proceedings consequent on such opening, and the local returning officer shall give to every agent so appointed and of whose appointment he receives notice in accordance with the next following rule notice of the time and place at which he will begin the said opening of the ballot boxes.

Communication to local returning officers of names of local agents.

25. (1) The name and address of every agent appointed to attend on behalf of a candidate the opening of the ballot boxes and proceedings consequent thereon in any constituency shall be communicated in writing by the local agent of such candidate to the local returning officer for that constituency not later than the second day before the polling day.

(2) A local returning officer may refuse to admit to the opening of the ballot boxes and the proceedings consequent thereon any agent whose name and address has not been communicated to him in accordance with this rule.

(3) Any notice required to be given to any such agent as aforesaid by the local returning officer may be delivered at or sent to the address of such agent communicated to such local returning officer in pursuance of this rule.

Persons to be present at the opening of the ballot boxes.

26. (1) The local returning officer, his assistants and clerks, and the agents on behalf of the candidates, and no other person, except with the permission of the local returning officer, may be present at the opening of the ballot boxes by the local returning officer or any of the proceedings consequent on such opening.

(2) The local returning officer and every clerk, assistant, and agent who is permitted to be present at the opening of the ballot boxes or any of the proceedings consequent thereon shall, before the commencement of such opening, sign an undertaking in the prescribed form to preserve the secrecy of the ballot.

Continuity of proceedings on opening of ballot boxes.

27. The local returning officer shall, so far as practicable, proceed continuously with the opening of the ballot boxes and the proceedings consequent thereon, allowing only time for refreshment, and excluding (except so far as he and the agents on behalf of the candidates otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the local returning officer shall place the ballot papers and other documents relating to the poll under his own seal and the seals of such of the said agents as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents.

Arrangement of ballot papers in parcels.

28. (1) When the local returning officer has mixed the ballot papers together in accordance with the preceding Rules, he shall cause the ballot papers to be arranged in parcels according to the first preferences recorded thereon for each candidate and shall, while so doing, reject any ballot papers which are invalid.

(2) The local returning officer shall then count and record the number of ballot papers in each such parcel.

(3) The local returning officer shall, if so requested by an agent of a candidate, check the allocation of ballot papers to all or any of such parcels and recount the number of ballot papers therein, but it shall not be obligatory on him so to check or recount any such parcel more than once.

(4) The decision of the local returning officer as to the validity or invalidity of any ballot paper shall be final.

Rejected ballot papers.

29. (1) The local returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid, and shall add to the endorsement “rejection objected to,” if an objection be in fact made by any agent to his decision.

(2) The local returning officer shall report to the presidential returning officer the number of ballot papers rejected and not counted by him under the several heads following, that is to say:—

(a) want of official mark,

(b) invalid under this Act on account of incorrect numbering of preferences,

(c) writing or mark by which voter could be identified,

(d) unmarked or void for uncertainty.

(3) The papers included under head (b) in the next preceding paragraph shall be divided into three sub-heads, viz., the figure 1 not placed, the figure 1 placed more than once, and the figure 1 placed along with another number.

Precautions for preservation of secrecy.

30. The local returning officer, while counting and arranging the ballot papers and recording the numbers thereof in pursuance of the preceding rules, shall keep the ballot papers with their faces upwards and shall take all proper precautions for preventing any person from seeing the numbers printed on the backs of such ballot papers.

Sending of ballot papers to the presidential returning officer.

31. (1) When the local returning officer has arranged the valid ballot papers in parcels in accordance with the preceding rules, he shall seal up in separate packets the said several parcels of valid ballot papers and shall endorse on each such packet a statement of the number of ballot papers in the packet and the name of the candidate for whom the first preferences are recorded on such ballot papers and shall send all such packets to the presidential returning officer.

(2) The local returning officer shall show the endorsement on each such packet to the agents of the candidates and shall allow any such agent to copy it.

Disposal of the rejected ballot papers and other documents.

32. (1) Upon the completion of the opening of the ballot boxes and the proceedings consequent thereon, the local returning officer shall seal up in a separate packet the rejected ballot papers; he shall not open the sealed packets containing the tendered ballot papers and the marked copy of the register of electors and counterfoils, respectively, but shall proceed, in the presence of the agents of the candidates, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination.

(2) The local returning officer shall report to the presidential returning officer the result of such verification, and shall, on request, allow the agent of any candidate, before such report is sent, to copy it.

Packets to be sent to the presidential returning officer.

33. Lastly, the local returning officer shall send to the presidential returning officer all the packets of ballot papers in his possession (other than any such packets the sending of which is provided for in the preceding Rules), together with the said reports, the ballot paper accounts, tendered votes lists, and packets of counterfoils, and marked copies of registers sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the constituency in which the poll was taken by him.

PART II.

Functions of the Presidential Returning Officer.

Time and place for counting the votes.

34. As soon as the presidential returning officer has received from all the local returning officers all the packets, reports, and other matters which such officers are required by these rules to send to him, the presidential returning officer shall appoint the time and place at which he will count the votes.

Counting of the votes by the presidential returning officer.

35. The presidential returning officer shall, at the time and place appointed by him under the next preceding rule, count the votes in accordance with the Rules contained in the Third Schedule to this Act and shall, on the completion of such counting, send to the Taoiseach a certificate in the form set forth in the Second Schedule to this Act stating the name of the candidate elected, the total number of votes given for each candidate (whether he is or is not elected), any transfer of votes made under the said Rules and the total number of votes credited to each candidate at the end of the count at which such transfer took place, and shall publish in the Iris Oifigiúil a copy of such certificate.

Candidates' agents at the counting of the votes.

36. The principal agent of a candidate may appoint agents to attend on behalf of such candidate the counting of the votes by the presidential returning officer, and the presidential returning officer shall give to every agent so appointed and of whose name and address he receives notice in accordance with the next following rule notice of the time and place at which he will begin the counting of the votes.

Communication of names of agents to the presidential returning officer.

37. (1) The name and address of every agent appointed to attend on behalf of a candidate the counting of the votes shall be communicated in writing to the presidential returning officer not later than twelve o'clock noon on the polling day.

(2) The presidential returning officer may refuse to admit to the counting of the votes any agent whose name and address has not been communicated to him in accordance with this rule.

(3) Any notice required to be given to any such agent as aforesaid by the presidential returning officer may be delivered at or sent to the address of such agent communicated to the presidential returning officer in pursuance of this rule.

Persons present at the counting of the votes.

38. (1) The presidential returning officer, his assistants and clerks, and the agents on behalf of the candidates and no other person, except with the permission of the presidential returning officer, may be present at the counting of the votes.

(2) Every officer, clerk, candidate, agent, and other person who is present at the counting of the votes shall, before he is admitted thereto, sign an undertaking in the prescribed form to preserve the secrecy of the ballot.

Continuity of proceedings for counting the votes.

39. The presidential returning officer shall, so far as practicable, proceed continuously with the counting of the votes, allowing only time for refreshment, and excluding (except in so far as he and the agents on behalf of the candidates otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning; during the excluded time the presidential returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the said agents as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents.

Disposal of documents by the presidential returning officer.

40. The presidential returning officer shall retain for six months all documents relating to an election sent to him in pursuance of these Rules by a local returning officer, and shall then destroy such documents; during the said period of six months, any such document may (save as is otherwise provided by the next following rule) be inspected by any person on a written permission given by the Minister or on an order of the High Court; no such permission shall be given and no such order shall be made unless or until the Minister or the High Court (as the case may be) is satisfied that the inspection is required for a reasonable and proper purpose.

Non-inspection of counterfoils and counted ballot papers.

41. Notwithstanding anything contained in the next preceding rule, no sealed packet of counterfoils shall at any time be opened and no counterfoil and no counted ballot paper shall at any time be inspected save under and in accordance with an order of the High Court; no such order shall be made unless or until the High Court is satisfied that such opening or such inspection (as the case may be) is necessary and proper for a reason which appears to the High Court to be sufficient; any such order may contain such conditions and restrictions in respect of the opening or inspection authorised thereby as the High Court shall think proper to insert therein.

PART III.

General.

Method of giving public notice.

42. Where the presidential returning officer or a local returning officer is required or authorised by this Act to give any public notice, he shall give such notice by such advertisements, placards, handbills, or other means as he thinks best calculated to afford information to the electors.

Non-attendance of agents.

43. Where in this Act expressions are used requiring or authorising or inferring that any act or thing is to be done in the presence of the agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as may be authorised to attend and do in fact attend at the time and place at which such act or thing is done, and the non-attendance of any agents or agent at such time and place shall not of itself invalidate the act or thing so done.

Death of agent.

44. If any person appointed under these Rules to be an agent on behalf of a candidate for any purpose dies or becomes incapable of acting (whether before or during the proceedings in relation to which he is so appointed), the principal agent or the local agent (as the case may require) of such candidate may appoint another agent in the place of the person so dying or becoming incapable and shall forthwith give to the presidential returning officer or the local returning officer (as the case may require) notice in writing of such appointment and of the name and address of the agent so appointed.

Right of candidate to act personally.

45. A candidate may himself undertake any duties which an agent appointed by him under these Rules might have performed or may assist any such agent in the performance of any such duties, and a candidate may be present at any place or proceedings at which an agent appointed by him or on his behalf under these Rules is entitled under these Rules to be present.

Restrictions on persons to be employed by returning officers.

46. No person shall be employed by the presidential returning officer or by a local returning officer who has been employed by any other person in or about the election or the taking of the poll.