Seanad Electoral (University Members) Act, 1937
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SECOND SCHEDULE. Conduct of Elections. | ||
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Issue of ballot papers. 1. On the day for the issue of ballot papers, the returning officer shall issue in the manner directed in the following rules a ballot paper to every elector registered in the register of electors for the constituency. | ||
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Attendance of candidates. 2. Every candidate and his agent shall be entitled to attend at the issue of the ballot papers and the returning officer shall on the request of any such candidate or agent inform him of the time and place at which such issue of ballot papers will be made. | ||
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Persons present at issue of ballot papers. 3. No person shall be present at the issue of ballot papers save the returning officer and his assistants, such of the candidates and their agents as choose to attend, and such other persons (if any) as the returning officer may permit to be so present. | ||
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Method of issuing ballot papers. 4. The returning officer shall issue each ballot paper by doing or causing to be done the following things in the following order, that is to say:— | ||
(a) the number, name, and description as stated in the register of electors of the elector to whom the ballot paper is to be issued shall be called out; | ||
(b) the elector's said number shall be marked on the counter-foil of the ballot paper; | ||
(c) a mark shall be placed on a copy of the register of electors opposite the elector's number thereon to denote that a ballot paper has been issued to such elector but without disclosing the identity of such ballot paper; | ||
(d) the ballot paper shall be marked on both sides with the official mark; | ||
(e) the number on the back of the ballot paper shall be marked upon a form of declaration of identity and upon a ballot paper envelope; | ||
(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at the address stated in the register of electors as the address to which his ballot papers are to be sent or, where no such address is so stated, at theaddress of his normal residence as stated in the register of electors the following documents, that is to say:— | ||
(i) the said ballot paper, and | ||
(ii) the said form of declaration of identity, and | ||
(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the returning officer, and | ||
(iv) a smaller envelope (herein referred to as the ballot paper envelope) in the prescribed form marked as hereinbefore directed with the number on the back of the said ballot paper; | ||
(g) the outer envelope shall be effectually closed; | ||
(h) when the foregoing provisions of this rule have been complied with in respect of all the ballot papers to be issued, all the said closed outer envelopes shall be collected, counted, and posted. | ||
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Posting of ballot papers. 5. The returning officer shall post the said closed outer envelopes by delivering such envelopes to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster at such office shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by registered post for delivery to the persons to whom they are addressed. | ||
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Preservation of electoral roll and counterfoils. 6. The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the candidates and their agents in attendance, shall make up in separate packets, sealed with his own seal and sealed by such of the candidates or agents as desire to affix their seals, the marked copy of the register of electors and the counterfoils of the ballot papers. | ||
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The ballot box. 7. The returning officer shall provide a ballot box for the reception of the covering envelopes when returned by the voters, and on the completion of the issue of the ballot papers the returning officer shall show such ballot box open and empty to the candidates and agents (if any) present, and shall seal such ballot box withhis seal and shall make provision for the safe custody of such ballot box. | ||
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Disposal of covering envelopes on receipt. 8. The returning officer shall forthwith place unopened in the ballot box every covering envelope received by him before the close of the poll and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered. | ||
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Notice of counting of votes. 9. Not less than three days before the close of the poll the returning officer shall send by post to the agent of every candidate notice in writing of the time and place at which he will open the ballot box and count the votes. | ||
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Opening of the ballot box. 10. As soon as conveniently may be after the close of the poll the returning officer shall open the ballot box and count the votes. | ||
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Persons present at counting of votes. 11. No person shall be present at the opening of the ballot box or the counting of the votes save the returning officer and his assistants, such of the candidates and their agents as choose to attend, and such other persons (if any) as the returning officer may permit to be present. | ||
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Procedure on opening of the ballot box. 12. When the ballot box has been opened the returning officer shall do the following things, that is to say:— | ||
(a) take all the covering envelopes out of the ballot box and count and note the number thereof; | ||
(b) open each such covering envelope and examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope; | ||
(c) if the said numbers agree and the declaration of identity is found to be duly completed and made, the returning officer shall place the declaration of identity and the ballot paper envelope in separate receptacles; | ||
(d) if the returning officer is not satisfied that the declaration of identity has been duly completed and made heshall endorse the declaration of identity “vote rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper; | ||
(e) if the returning officer finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope and, if the number on the ballot paper agrees with the number on the declaration of identity, he shall place the ballot paper in the special receptacle provided by him for ballot papers; | ||
(f) where the number on the ballot paper does not agree with the number on the declaration of identity, the returning officer shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper (as the case may be) to the declaration of identity, and endorse the declaration of identity “vote rejected”; | ||
(g) where a declaration of identity does not appear to accompany the ballot paper envelope, the returning officer shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper in accordance with the foregoing provisions of this rule; | ||
(h) he shall mark with the word “rejected” every declaration of identity which is not accompanied by a ballot paper, and every ballot paper which is not accompanied by a declaration of identity. | ||
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Ballot papers and declarations not in proper envelopes. 13. Where a ballot paper and a declaration of identity are received together and the numbers thereon agree, the ballot paper shall not be rejected solely on the ground that the ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened. | ||
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Rejection of declarations of identity. 14. The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates and agents present and, if an objection is made by any such candidate or agent to his decision, he shall add to the endorsement the words “rejection objected to.” | ||
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Separation of rejected declarations. 15. The returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents. | ||
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Opening of ballot paper envelope. 16. When all the covering envelopes in the ballot box have been opened and their contents dealt with under the preceding rules, the returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper and, if the numbers agree, he shall place the ballot paper in the special receptacle provided by him for ballot papers, but if the numbers do not agree he shall mark the ballot paper “rejected” and shall attach it to the envelope. | ||
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Preservation of declarations, ballot papers, etc. 17. As soon as the returning officer has completed the placing of the ballot papers in the said special receptacle he shall seal up in separate packets (1) the declarations of identity which accompanied any ballot papers duly accepted; (2) any rejected declarations of identity; and (3) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto. | ||
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Counting of the votes. 18. When the returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said special receptacle and shall then take the said ballot papers out of the said special receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Third Schedule to this Act, the votes recorded on the said ballot papers. | ||
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Rejection of invalid ballot papers. 19. The returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid and, if an objection be made by any candidate or agent to his decision rejecting the ballot paper, he shall add to the said endorsement “rejection objected to”. | ||
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Continuity of proceedings under this Schedule. 20. The returning officer shall so far as practicable proceed continuously with the proceedings under this Schedule subsequent to the opening of the ballot box and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time or other reasons appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting he shall take allproper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election. | ||
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Declaration of secrecy. 21. The returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate and agent attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting. | ||
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Certificate of result of the poll. 22. As soon as the counting of the votes is completed the returning officer shall prepare in duplicate a certificate in the prescribed form setting out the names of the candidates elected, the total number of votes given for each candidate (whether elected or not), every transfer of votes made under this Act and the total number of votes credited to each candidate at the end of the count at which each such transfer took place, and such other matters as shall be prescribed, and the returning officer shall then sign the said duplicate certificate and shall send one such duplicate to the Clerk of Dáil Eireann and (except in the case of the first Seanad general election) the other such duplicate to the Clerk of Seanad Eireann. | ||
In the case of every certificate prepared under this rule in relation to the first Seanad general election, the returning officer shall, after he has sent one duplicate of such certificate to the Clerk of Dáil Eireann, retain the other duplicate thereof and shall send or deliver such other duplicate to the Clerk of Seanad Eireann as soon as may be after such Clerk has been appointed. | ||
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Publication of result of election. 23. The returning officer shall also prepare and publish in the Iris Oifigiúil a statement in the prescribed form of the names of the candidates elected and of the order in which they were elected. | ||
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Preservation of ballot papers. 24. Upon the completion of the counting of the votes the returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid. | ||
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Retention of documents by the returning officer. 25. The returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the register of electors, the counterfoils of the ballot papers, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal shall have otherwise ordered. | ||
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Inspection of sealed packets. 26. No person shall be allowed to inspect any of the said sealed packets retained by the returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal. | ||
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Authority for inspection of sealed packets. 27. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require but on any such inspection care shall be taken that the mode in which any particular elector has voted shall not be discovered until lie has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid. | ||
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Compliance with orders of election tribunal. 28. The returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets. | ||
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Conclusiveness of production by the returning officer. 29. Where an order is made by an election tribunal for the production by the returning officer of any document or packet of documents in his possession relating to a specified election, the production by the returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relates to the said specified election, and the endorsement made by the returning officer in pursuance of this Schedule on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be. | ||
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Evidence of voting. 30. The production by the returning officer 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 whose number on the register of electors was the same as the number so marked on such counterfoil. | ||
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Endorsement of packets by the returning officer. 31. Whenever the returning officer is required by this Schedule to seal up any documents in a separate packet he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate. | ||
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Meaning of “election tribunal.” 32. In this Schedule the expression “election tribunal” means a court lawfully having cognizance of petitions complaining of undue return or undue election at a Seanad election. |