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Counting of the votes given at the plebiscite.
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9.—(1) The votes given at the plebiscite in any constituency in which a poll is taken at the general election shall be counted in the same place and, so far as may be practicable, at the same time and in the same manner as the votes given in that constituency at the general election are counted, and every person who is entitled to be present at the counting of the said votes given at the general election shall be entitled to be present at the counting of the said votes given at the plebiscite.
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(2) In every constituency in which no poll is taken at the general election owing to the number of candidates nominated not exceeding the number of vacancies to be filled, the returning officer for such constituency shall cause the votes given at the plebiscite in such constituency to be counted in the place, at the time and, as nearly as may be practicable, in the same manner as the votes given at the general election in such constituency (if a poll had been taken therein) would have been required by law to be counted, save that the persons entitled to be present at such counting of the said votes shall (subject to any instructions issued by the Minister under this Act) be determined by the returning officer in his absolute discretion.
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(3) When the returning officer for any constituency has completed the counting of the votes given at the plebiscite in such constituency he shall take the like steps and do the like things in relation to the taking of the plebiscite in such constituency as he is required by law to do in relation to the taking of a poll, save that, immediately upon the completion of the counting of the said votes, he shall transmit by post to the plebiscite returning officer in an envelope marked “Local Return to Plebiscite” a return stating the number of votes given at the plebiscite in his constituency approving of the Draft Constitution and the number of votes so given not approving of the Draft Constitution and shall publish a copy of such return in the manner in which he is required by law to publish the result of the taking of a poll.
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(4) Every envelope marked “Local Return to Plebiscite” which is sent by a returning officer by post to the plebiscite returning officer in pursuance of the next preceding sub-section of this section shall be forwarded and delivered by the Minister for Posts and Telegraphs free of charge.
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(5) When the plebiscite returning officer has received from the several returning officers returns of the voting at the plebiscite in all the constituencies, he shall tabulate such results and ascertain therefrom the result of the voting at the plebiscite, and shall publish in the Iris Oifigiúil a return declaring the result of the said voting, and stating the total number of votes given at the plebiscite approving of the Draft Constitution and the total number of votes similarly given not approving of the Draft Constitution, and also stating in respect of every constituency the number of votes given at the plebiscite in such constituency approving of the Draft Constitution and the number of votes similarly given not approving of the Draft Constitution.
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(6) The publication in the Iris Oifigiúil in pursuance of the next preceding sub-section of this section of the return required by that sub-section to be so published shall be conclusive evidence of the several matters declared or stated in such return, save in so far as such matters or any of them may be varied on or in consequence of an election petition.
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