Electoral Act, 1923

FIFTH SCHEDULE.

PART I.

Rules for the conduct of Dáil Elections.

Publication of Notice of Election.

1. The Returning Officer shall within two days after the day on which he receives the writ, give public notice between the hours of nine in the forenoon and four in the afternoon of the last day on which he will receive nominations and of the day on which (if the election is contested) the poll will be taken and of the days, hours and place on, between, and at which forms of nomination papers may be obtained, and of the time during which and the place at which he will attend to receive nomination papers on the day appointed as the last day for receiving nominations. In every county constituency the Returning Officer shall send one copy of such public notice as aforesaid by post to the postmaster of the principal post office in each polling district in the constituency in an envelope or wrapper endorsed with the words “Notice of Election,” and such notice so endorsed shall be forwarded and delivered by the Post Office free of charge, and each Postmaster to whom a copy of such notice is sent shall upon receipt thereof forthwith publish the same in the manner in which Post Office Notices are usually published.

Time for receiving nominations.

2. The time during which the returning officer shall attend to receive nominations on the last day for receiving nominations shall be such two consecutive hours (which two consecutive hours are in these Rules referred to as “the time for receiving nominations”) between the hours of ten in the forenoon and three in the afternoon as the returning officer shall appoint and the returning officer shall attend during those two consecutive hours and during one hour immediately thereafter at the place appointed by him for receiving nominations. Every nomination paper delivered to the returning officer at any time permitted by this Act, but before the commencement of the two hours aforesaid, shall be so delivered to the returning officer in person at any place at which he may be found, and shall be retained by the returning officer and produced by him at the commencement of the two hours aforesaid, and shall for the purposes of these Rules and all other purposes be deemed to have been delivered to him at the beginning of those two hours.

Separate nomination papers.

3. Each candidate shall be nominated by a separate nomination paper, and any elector may subscribe (whether as proposer, seconder, or assenting elector) as many nomination papers as there are vacancies to be filled, but not more.

Description of candidate.

4. Each candidate shall be described in the nomination paper in such manner as in the opinion of the returning officer is calculated sufficiently to identify such candidate; the description shall include his names, his abode, and his rank, profession or calling, and his surname shall come first in the statement of his names.

No objection to a nomination paper on the ground of any description of the candidate therein not being sufficient or not being in compliance with this Rule shall be allowed or deemed valid unless such objection is made by the returning officer himself or to the returning, officer by some other person during the time for receiving nominations.

Supply of forms of nomination papers.

5. The returning officer shall attend for the purpose of supplying forms of nomination papers at such place and during such two consecutive hours between the hours of ten in the forenoon and two in the afternoon as he shall fix in manner aforesaid on each day intervening between the day on which the public notice under Rule 1 hereof shall have been given and the day appointed as the last day for receiving nominations and shall supply one or more forms of nomination paper to any registered elector who shall apply for same either during the time and at the place aforesaid or during the time for receiving nominations but nothing in this Act shall render obligatory the use of a nomination paper supplied by the returning officer so long as the nomination paper used be in the form prescribed by this Act.

Delivery of nomination papers.

6. All nomination papers not delivered to the returning officer before the commencement of the time for receiving nominations shall be delivered to the returning officer, during the time for receiving nominations and at the place appointed for that purpose by the returning officer under Rule 1 hereof.

Persons entitled to attend.

7. The candidate nominated by each nomination paper and his proposer and seconder, and one other person selected by him, and no other person whatsoever except persons employed by the returning officer for the purpose of assisting him shall be entitled to attend the proceedings during the time for receiving nominations.

Publication of notice of poll.

8. If the election is contested the returning officer shall, as soon as practicable after adjourning the election, give public notice of the day on which the poll will be taken and of the names and other particulars of the candidates as described in their respective nomination papers, and of the names of the persons who subscribe the nomination paper of each candidate and of the order in which the names of the candidate will be printed in the ballot paper, and shall in the case of an election for a county constituency deliver to the postmaster of the principal post office of the town in which is situate the place for receiving nominations, a paper signed by himself, containing the names of the candidates nominated and stating the day on which the poll is to be taken, and the postmaster shall forward the information contained in such paper by telegraph, free of charge, to the several postal telegraph offices situate in the constituency for which the election is to be held, and such information shall be published forthwith at each such office in the manner in which post office notices are usually published.

Withdrawal of candidates.

9. If any duly nominated candidate is duly withdrawn in accordance with the provisions of this Act, the returning officer shall give public notice of the name of such candidate, and the names of the persons who subscribed the nomination paper of such candidate at the same time and in the same manner as he gives notice of the candidates who stood nominated or were elected.

Publication of names of nominated persons.

10. The returning officer shall, on any nomination paper being delivered to him, forthwith publish notice of the name of the person nominated therein as a candidate, and of the names of his proposer and seconder, by placarding or causing to be placarded the names of such candidate and his proposer and seconder in a conspicuous position outside the building in which the returning officer is receiving nominations.

Necessity for nomination.

11. A person shall not be entitled to have his name inserted in any ballot paper as a candidate unless he has been nominated in manner provided by this Act, and every person whose nomination paper has been, or is by these Rules deemed to have been, delivered to the returning officer during the time appointed for receiving nominations shall be deemed to have been nominated in manner provided by this Act, unless objection be made to his nomination paper by the returning officer or some other person before the expiration of the time appointed for receiving nominations or within one hour afterwards.

Returning Officer to decide on objections.

12. The returning officer shall decide on the validity of every objection made to a nomination paper, and his decision, if disallowing the objection, shall be final; and if allowing the same, shall be subject to reversal on petition questioning the election or return.

Provision of polling stations.

13. At every polling place the 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.

14. Each polling station shall be furnished with such number of compartments, in which the voters can mark their votes screened from observation, as the 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.

15. 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.

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

Notice of situation of polling stations.

17. The 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.

Returning Officer to provide materials, etc.

18. The returning officer shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of electors or such part thereof as contains the names of the electors allotted to vote at such station. He shall keep the official mark secret, and an interval of not less than seven years shall intervene between each use of the same official mark at elections for the same constituency.

Appointment of presiding officers.

19. The returning officer shall appoint a presiding officer to preside at each polling station, and the officer so appointed shall keep order at his station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates, and the police constables on duty.

Form of Ballot Paper.

20. Every ballot paper shall contain a list of the candidates described as in their respective nomination papers and arranged alphabetically in the order of their surnames, and (if there are two or more candidates with the same surname) of their other names; it shall be in the form contained in Part III. of this Schedule, or as near thereto as circumstances admit and shall be capable of being folded up.

Ballot boxes.

21. 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. The presiding officer at each polling station, immediately before the commencement of the poll, shall show the ballot box empty to such persons, if any, as may then be present in such station, so that they may see that it is empty, and shall then lock it up, 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.

22. 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.

23. 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.

24. If any elector satisfies the presiding officer that

(a) his sight is so impaired; or

(b) he is otherwise so physically incapacitated; or

(c) he is so illiterate, that he is unable to vote without assistance;

or if any elector declares that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by this Act,

the presiding officer shall in the presence of the agents of the candidates, cause the vote of such elector to be marked on a ballot paper in manner directed by such elector and shall place the ballot paper so marked in the ballot box. 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.

In carrying out the provisions of this rule the presiding officer shall observe the directions contained in Part II. of this Schedule.

Alleged personation.

25. 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 permitted by law 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.

26. 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.

Duty of presiding officer at close of poll.

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

(1) Each ballot box in use at his station, unopened, but with the key attached; and

(2) The unused and spoilt ballot papers, placed together; and

(3) The tendered ballot papers; and

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

(5) The tendered votes list, and shall deliver all such packets to the returning officer

Statement by presiding officer.

28. The packets 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.

Candidates' agents.

29. The candidates may respectively appoint agents to attend the counting of the votes.

Arrangements for counting the votes.

30. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates, as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he will begin to count the same

Persons to be present at counting.

31. The returning officer, his assistant and clerks, and the agents of the candidates, and no other person, except with the sanction of the Returning Officer, may be present at the counting of the votes.

Opening of ballot boxes.

32. Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates open each ballot box and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.

Time for counting.

33. The returning officer shall, so far as practicable proceed continously with counting the votes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning During the excluded time the 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 agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents.

Rejected ballot papers.

34. The returning officer shall endorse “rejected” on any ballot paper which he may reject as invalid, and shall add to the endorsement “rejection objected to,” if an objection be in fact made by any agent to his decision. The returning officer shall report to the Clerk of the Dáil the number of ballot papers rejected and not counted by him under the several heads following, that is to say:—

1. Want of official mark;

2. Invalid under paragraphs (a), (b), (c) or (d) of subsection (4) of section 26 of the Electoral Act, 1923;

3. Writing or mark by which voter could be identified;

4. Unmarked or void for uncertainty

Completion of counting.

35. Upon the completion of the counting, the returning officer shall seal up in separate packets the counted ballot papers and 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. The returning officer shall report to the Clerk of the Dáil 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 Clerk of Dáil.

36. Lastly, the returning officer shall send to the Clerk of the Dáil all the packets of ballot papers in his possession, 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 for which such election was held

Disposal of documents by Clerk of Dáil.

37. The Clerk of the Dáil shall retain for a year all documents relating to an election sent to him in pursuance of these Rules by a returning officer and then, unless otherwise directed by an Order of the Dáil or of the High Court shall cause them to be destroyed.

Inspection of ballot papers.

38. No person shall be allowed to inspect any rejected ballot papers in the custody of the Clerk of the Dáil, except under an Order of the Dáil or under an Order of the High Court, to be granted by such court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return; and any such Order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the Dáil or the court making the same may think expedient, and shall be obeyed by the Clerk of the Dáil. Any power given to a court by this rule may be exercised by any judge of such court at chambers.

Inspection of packets.

39. No person shall, except by Order of the Dáil or of a tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been sealed up, or be allowed to inspect any counted ballot papers in the custody of the Clerk of the Dáil; any such Order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the Dáil or tribunal making the order may think expedient: Provided that on making and carrying into effect any such Order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid.

Inspection of certain documents.

40. All documents sent by a returning officer in pursuance of these Rules to the Clerk of the Dáil, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may be prescribed 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 and subject to such regulations as may be sanctioned by the Minister for Finance

Production by Clerk of Dáil.

41. Where an Order is made for the production by the Clerk of the Dáil of any document in his possession relating to any specified election, the production by the Clerk of the Dáil or his agent of the document ordered, in such manner as may be directed by such Order, or by a rule of the Court having power to make such Order, shall be conclusive evidence that such document relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by the Clerk of the Dáil or his agent shall be conclusive evidence of such papers being what they are stated to be on such endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima-facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of electors at such election the same number as the number written on such counterfoil.

General Provisions.

Return to writ.

42. The return of a member or members elected to serve in the Dáil for any constituency shall be made by a certificate of the names of such member or members under the hand of the returning officer endorsed on the writ of election for such constituency, and the returning officer may, if he thinks fit deliver the writ with such certificate endorsed thereon to the postmaster of the principal post office of the place of election, or his deputy, and in such case he shall take a receipt from the postmaster or his deputy for the same; and such postmaster or his deputy shall then forward the same by the first post, free of charge, under cover, to the Clerk of the Dáil with the words “Election Writ and return” endorsed thereon.

Notice of result of election.

43. The returning officer shall, as soon as possible give public notice in the prescribed form of the names of the candidates elected, and also in the case of a contested election, of the total number of votes given for each candidate whether elected or not. The returning officer shall also give public notice of any transfer of votes made under this Act, and of the total number of votes credited to each candidate at the end of the count at which such transfer took place in accordance with the form set out in Part III. of this Schedule, or in a form to the like effect.

Method of giving notice.

44. Where the returning officer is required or authorised by this Act to give any public notice, he shall carry such requirement into effect by advertisements, placards, handbills, or such other means as he thinks best calculated to afford information to the electors.

Returning officer may preside at any station.

45. The returning officer may, if he thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or by the presiding officer to the returning officer.

Appointment of persons to assist in counting.

46. In the case of a contested election for any constituency the returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes.

Persons employed by Returning Officer.

47. No person shall be employed by a returning officer for any purpose relating to an election who has been employed by any other person in or about that election.

Presiding officer may act by clerk.

48. The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorised to do by this Act at a polling station except ordering the arrest, exclusion, or rejection from the polling station of any person.

Candidate may act personally.

49. A candidate may himself undertake the duties which any agent of his, if appointed, might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place, at which his agent may, in pursuance of this Act, attend.

Names, etc., of agents to be furnished.

50. The name and address of every agent of a candidate appointed to attend the counting of the votes shall be transmitted to the returning officer one clear day at the least before the opening of the poll; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been transmitted, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address.

Death of agent.

51. If any person appointed an agent by a candidate for the purpose of attending at a polling station, or at the counting of the votes, dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed

Undertaking for secrecy.

52. Every returning officer, and every officer, clerk, or agent authorised to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll sign an undertaking to preserve the secrecy of the ballot in the prescribed form and no returning officer, clerk, or agent as aforesaid, shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election

Non-attendance of agents.

53. 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 as may in fact attend at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done.

The expression “Returning Officer.”

54. The expression ‘Returning Officer’ in this Schedule includes any deputy Returning Officer appointed by the Returning Officer with the consent of the Minister for Local Government, for the discharge of any or all of the duties of such Returning Officer.

PART II.

Directions to Presiding Officers in regard to Marking Ballot Papers pursuant to Rule 24 of Part I. of this Schedule.

1. In an election held according to the principle of proportional representation the Presiding Officer shall ask the voter—”For which candidates do you desire to express a preference, and in what order?” and shall mark the ballot paper accordingly: Provided that where an elector fails to understand the import of such question, or does not give definite directions as to the marking of the ballot paper, the Presiding Officer—

(a) 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 the candidates do you wish to give your vote ?”

And shall accordingly place the figure 1 on the ballot paper opposite the name of the candidate to whom the voter gives his vote;

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

And shall accordingly place the figure 2 on the ballot paper opposite the name of the candidate for whom the voter expresses a second preference;

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

2. 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 provisions of the preceding article hereof

PART III.

1.

Form of Writ for a General Election.

Saorstát Eireann to_________________Returning Officer for the County (or Borough or University) Constituency of______

WHEREAS the Governor-General of Saorstát Eireann pursuant to the provisions in that behalf of the Constitution of Saorstát Eireann has summoned an Oireachtas of Saorstát Eireann to assemble on the______day of_____________192 :

NOW I,_________________________Clerk of Dáil Eireann in obedience to the provisions of the Electoral Act, 1923, and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you as the Returning Officer for the County (or Borough or University) Constituency of to cause an election to be held according to law in that constituency of members of the Dáil to serve in the Oireachtas aforesaid for the said constituency. AND that when such election has been duly held you do without delay certify to me in my Office at___________in Baile Atha Cliath the names of the members so elected.

IN WITNESS whereof I have hereunto set my hand and seal this______day of___________192.

Label or Direction on Writ

To the Returning Officer for the County (or Borough or University) Constituency of________________

A Writ for the election of Members to serve in the Dáil for the said Constituency

Endorsement.

Received the within Writ on__________the_____day of____________192

(Signed) A.B.

Returning Officer.

Certificate Endorsed on the Writ.

I hereby certify that the members elected to serve in the Dáil for the County (or Borough or University) Constituency of_________in pursuance of the above Writ are—

C.D. of____________in the County of__________

E.F. of____________in the County of__________

(Signed) A.B.,

Returning Officer.

2.

Form of Writ for an Election to Fill One Vacancy

Saorstát Eireann to____________Returning Officer for the County (or Borough or University) Constituency of____________

WHEREAS a vacancy has occurred in the representation of the County (or Borough or University) Constituency of______________in Dáil Eireann by the death (or disqualification or resignation) of____________who was a member of the Dáil for the said Constituency:

AND WHEREAS the Ceann Comhairle of the Dáil has duly directed me to issue my writ for the election of a member of the Dáil to fill the vacancy aforesaid:

NOW I,_______________________Clerk of Dáil Eireann in obedience to the provisions of the Electoral Act, 1923, and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you as the Returning Officer for the Constituency aforesaid to cause an election to be held according to law in the said constituency of a member of the Dáil to serve in the Oireachtas of Saorstát Eireann for the said constituency in the place of the said___________so deceased (or disqualified or resigned) as aforesaid. AND that when such election has been duly held you do without delay certify to me in my Office at________in Baile Atha Cliath the name of the member so elected.

IN WITNESS whereof I have hereunto set my hand and seal this______day of______________192 .

Label or Direction of Writ.

To the Returning Officer for the County (or Borough or University Constituency of_______________

A Writ for the election of a member to serve in the Dáil for the said Constituency.

Endorsement.

Received the within Writ on_____________the______day of_________192 .

(Signed) A.B.

Returning Officer.

Certificate Endorsed on the Writ.

I hereby certify that the member elected to serve in the Dáil for the County (or Borough or University) Constituency of________in pursuance of the within Writ is—

C.D. of__________in the County of___________

(Signed) A.B.

Returning Officer.

3.

Form of Writ for an Election to Fill more than one Vacancy in the same Constituency.

Saorstát Eireann to_____________Returning Officer for the County (or Borough or University) Constituency of_____________

WHEREAS_____________vacancies have occurred in the representation of the County (or Borough or University) Constituency of__________in Dáil Eireann by the deaths of_____________and_____________and the disqualification of_____________and_____________and the resignations of_____________and_____________who until they respectively died became disqualified and resigned were members of the Dáil for the said Constituency:

AND WHEREAS the Ceann Comhairle of the Dail has duly directed me to issue my writ for the election of members of the Dáil to fill the vacancies aforesaid:

NOW I,____________________Clerk of Dáil Eireann in obedience to the provisions of the Electoral Act, 1923, and in exercise of the powers thereby conferred on me, and of every and any other power me in this behalf enabling do hereby direct you as the Returning Officer for the Constituency aforesaid to cause an election to be held according to law in the said constituency of________members of the Dáil to serve in the Oireachtas of Saorstát Eireann for the said Constituency in the place of the said_____________and_____________so respectively deceased, disqualified and resigned as aforesaid. AND that when such election has been duly held you do without delay certify to me in my office at_____________in Baile Atha Cliath the name of the members so elected.

IN WITNESS whereof I have hereunto set my hand and seal this_______day of_______________192.

Label or Direction on Writ.

To the Returning Officer for the County (or Borough or University) Constituency of______________

A Writ for the election of members to serve in the Dáil for the said Constituency.

Endorsement.

Received the within Writ on_____________the______day of_____________192

(Signed) A.B.

Returning Officer

Certificate Endorsed on the Writ.

I hereby certify that the members elected to serve in the Dáil for the County (or Borough or University) Constituency of_____________in pursuance of the within written Writ are—

C.D. of_____________in the County of_____________

E.F. of_____________in the County of_____________

(Signed) A.B.

Returning Officer

4.

Form of Notice of Dáil Election.

The returning officer for the County (or Borough or University) Constituency of_____________will, on_____________, the_____day of_____________now next ensuing, between the hours of_____________and_____________, proceed to the nomination and, if there is no opposition to the election of a member (or members) for the said constituency at the _____________*

Forms of nomination paper may be obtained at_____________ between the hours of_____________and_____________ on any day before the said ______day of_________________

Every nomination paper must be signed by two registered electors as proposer and seconder, and by eight other registered electors as assenting to the nomination.

Every nomination paper must be delivered to the Returning Officer by the candidate proposed, or by his proposer or seconder, either at the place above appointed between the hours of______and______on the ______day of_____________or at any place at which the Returning Officer may be found at any time on any day before the said______day of_____________

Each candidate nominated, and his proposer and seconder and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room.

In the event of the election being contested the poll will take place on the______day of_____________

(Signed) A.B.

Returning Officer for the County (or Borough or University) Constituency of_____________

Take Notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in “The Corrupt Practices Prevention Act, 1854,” and the Acts amending that Act, as adapted by or under the Electoral Act, 1923.

5

Form of Nomination Paper in Dáil Election.

We, the undersigned A.B. of in the of, and CD. of in the of being electors for the County (or Borough or University) Constituency of__________do hereby nominate the following person as a proper person to serve in the Dáil as member for the said Constituency.

Surname.

Other Names.

Abode.

Rank Profession or Occupation.

BROWN

John

52 George Street, Booterstown. or

Merchant.

JONES

William David

High Elms, Portlaw

Motor Mechanic.

(Signed)

A.B.

C.D.

We, the undersigned, being registered electors for the County (or Borough or University) Constituency of________________do hereby assent to the nomination of the above-mentioned John Brown as a proper person to serve as member for the said constituency.

(Signed)    E.F.    of

G.H.    of

I.J     of

K.L.    of

M.N    of

O.P.    of

Q.R.    of

S.T.    of

6.

FORM OF BALLOT PAPER.

(To be used only in elections at which there are more than two candidates.)

Form of Front of Ballot Paper.

Mark Order of Preference in space below.

Names of Candidates.

DOYLE, JAMES

(James Doyle, of 10 High Street, Oilman).

DOYLE, WILLIAM

(William Doyle, of 12 Main Street, Grocer).

O'BRIEN, MATTHEW

(Matthew O'Brien, of 22 Wellclose Place, Accountant).

O'BRIEN, PATRICK

(GENTLEMAN) (Patrick O'Brien, of 7 Green Street, Gentleman).

O'BRIEN, PATRICK JOSEPH (SILVERSMITH)

(Patrick Joseph O'Brien, of 14 Queen Street, Silversmith)

WILSON, THOMAS (RANELAGH SQUARE)

(Thomas Wilson, of 22 Ranelagh Square, Chemist).

WILSON, THOMAS (DARTRY ROAD)

(Thomas Wilson, of 172 Dartry Road, Dentist).

Counterfoil No.

Note: The Counterfoil is to have a number to correspond with that on the back of the Ballot Paper.

Form of Back of Ballot Paper.

Number

Election for County (or Borough or University) Constituency

Note.—The number on the back of the ballot paper is to correspond with that on the counterfoil.

7.

FORM OF BALLOT PAPER

(To be used only in elections at which there are Not more than two candidates.)

Form of Front of Ballot Paper.

BROWN.

(John Brown, of 52 George St., Booterstown, Merchant).

JONES.

(William David Jones, of High Elms, Portlaw, Motor Mechanic).

Counterfoil No.

Note: The Counterfoil is to have a number to correspond with that on the back of the Ballot Paper.

Form of Back of Ballot Paper.

No.

Election for County or (Borough or University) Constituency of 19.

Note.—The number on the back of the ballot paper is to correspond with that on the Counterfoil.

Directions as to Printing Ballot Paper

Nothing is to be printed on the ballot paper, except in accordance with this Schedule.

The surname of each candidate, and if there are two or more candidates of the same surname, also the other names of such candidates, shall be printed in large characters, as shown in the form, and their other names (except as aforesaid) and their addresses, and descriptions, and the number on the back of the paper, shall be printed in small characters.

Whenever the surnames, and the first of the other names of two or more candidates are the same there shall be also printed in large characters so much of the description of each of such candidates as appearing in their respective nomination papers, whether rank, profession, occupation or abode as will, in the opinion of the Returning Officer, effectively distinguish such candidate.

8.

Form of Directions for the guidance of the Voter in voting, which shall be printed in conspicuous characters and placarded outside every Polling Station and in every compartment of every Polling Station.

(To be used only in elections at which there are more than two candidates.)

The voter will go into one of the compartments, and, with the pencil provided there, mark his ballot paper by placing the figure 1 opposite the name of the candidate for whom he votes. He may also place the figures 2, 3, and so on, in accordance with the order of his choice or preference opposite the names of other candidates (that is to say): he must place the figure 1 opposite to the name of the candidate for whom he votes;

He may also place the figure 2 opposite to the name of the candidate he likes second best, and place the figure 3 opposite to the name of the candidate he likes third best;

And so on.

If the voter does not place the figure 1 on his ballot paper, or places the figure 1 opposite more than one name, or places the figure 1 and some other figure opposite the same name, or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void and will not be counted.

After marking the ballot paper, the voter will fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, put the paper into the ballot box, and forthwith quit the polling station.

If the voter inadvertently spoils a ballot paper, he can return it to the presiding officer, who will, if satisfied of such inadvertence, give him another ballot paper.

If the voter takes a ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour.

The following examples show how ballot papers may be validly marked:—

A.

Mark Order of Preference in spaces below.

Names of Candidates.

3

DOYLE

(James Doyle, of 10 High Street, Oilman).

4

LYNCH

(Jane Ellen Lynch, of 12 Main Street, Grocer).

2

O'BRIEN

(John O'Brien, of 22 Wellclose Place, Accountant).

5

O'CONNOR

(Charles O'Connor, of 7 Green Street, Gentleman).

1

THOMPSON

(William Henry Thompson, of 14 Queen Street, Silversmith).

6

WILSON

(Robert Wilson, of 22 Ranelagh Square, Chemist).

B.

Mark Order of Preference in spaces below.

Names of Candidates.

DOYLE

(James Doyle, of 10 High Street, Oilman).

1

LYNCH

(Jane Ellen Lynch, of 12 Main Street, Grocer).

O'BRIEN

(John O'Brien, of 22 Wellclose Place, Accountant).

O'CONNOR

(Charles O'Connor, of 7 Green Street, Gentleman).

THOMPSON

(William Henry Thompson, 14 Queen Street, Silversmith).

WILSON

(Robert Wilson, of 22 Ranelagh Square, Chemist).

C.

Mark Order of Preference in spaces below.

Names of Candidates.

DOYLE

(James Doyle, of 10 High Street, Oilman).

3

LYNCH

(Jane Ellen Lynch, of 12 Main Street, Grocer).

O'BRIEN

(John O'Brien, of 22 Wellclose Place, Accountant).

1

O'CONNOR

(Charles O'Connor, of 7 Green Street, Gentleman).

THOMPSON

(William Henry Thompson, of 14 Queen Street, Silversmith).

2

WILSON

(Robert Wilson, of 22 Ranelagh Square, Chemist).

Note—If any candidate has the same surname as that of any of the fictitious candidates in the above examples some other common surname shall be substituted for such surname in the above examples,

9.

Form of Directions for the guidance of the Voter in Voting, which shall be printed in conspicuous characters and placarded outside every Polling Station and in every compartment of every Polling Station.

(To be used only in elections at which there are not more than two candidates.)

The voter will go into one of the compartments, and with the pencil there provided mark his ballot paper by placing the figure 1 opposite the name of the candidate for whom he votes.

If the voter does not place the figure 1 on his ballot paper, or places the figure 1 opposite more than one name, or places the figure 1 and some other figure opposite the same name, or places any mark on the paper by which he may afterwards be identified, his ballot paper will be void, and will not be counted.

The voter need not place the figure 2 opposite the name of the candidate for whom he does not wish to vote, but the fact of his doing so will not render his ballot paper void, if it is otherwise properly marked.

The voter will then fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person show the official mark on the back to the Presiding Officer, and then in presence of the Presiding Officer, put the paper into the ballot box, and forthwith quit the polling station.

If the voter inadvertently spoils a ballot paper, he can return it to the Presiding Officer, who will, if satisfied of such inadvertence, give him another ballot paper.

If the voter takes a ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the Officer he will be guilty of a misdemeanour and be subject to imprisonment for any term not exceeding six months with or without hard labour.

Note: —These directions to be illustrated by examples of the ballot paper as in A, B, and C of Form 8.

10.

Public Notice of the Result of the Election and of the Transfer of Votes.

(To be used only in elections at which there are more than two candidates.)

Constituency of______________________________

Number of valid votes___________________________

Number of members to be elected_________________

Quota (number of votes sufficient to secure the election of a candidate)__________

Names of Candidates.

First count.

Second count.

Third count.

Fourth count.

count.

count.

Names of candidates Elected.

Votes.

Transfer of

Result.

Transfer of

Result.

Transfer of

Result.

Transfer of

Result.

Transfer of

Result.

.................

.................

.................

.................

.................

.................

.................

Non transferable papers not-effective.

Total

Dated this______________________day of__________19

_______________________Returning Officer.

Note: Insert description of place or room.