S.I. No. 32/1938 - Department of Local Government and Public Health. Seanad Electorate (Councils) No. 2 Regulations, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 32.No. 32/1938:

SEANAD ELECTORATE (COUNCILS) No. 2 REGULATIONS, 1938.

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by Section 37 of the Seanad Electoral (Panel Members) Act, 1937 , hereby makes in relation to the first Seanad election the following regulations for the carrying into execution of the said Section 37, that is to say :—

1. These regulations may be cited as the Seanad Electorate (Councils) No. 2 Regulations, 1938, and shall be read as one with the Seanad Electorate (Councils) No. 1 Regulations, 1938.

2. In these regulations the expression " the first regulations " means the Seanad Electorate (Councils) No. 1 Regulations, 1938.

3. At an election held in pursuance of Section 37 of the Act, of electors for the purposes of the first Seanad election by a council or by the former members of the council the Seanad Returning Officer shall cause the votes to be counted and the result of such election ascertained in accordance with the rules set forth in the Schedule to these regulations.

Given under the Official Seal of the Minister for Local Government and Public Health, this 19th day of January, One Thousand Nine Hundred and Thirty-eight.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

SCHEDULE

(PART I).

1. Immediately before the count is begun, the Seanad Returning Officer shall open the envelope with the ballot papers therein mentioned in Article 8 of the first regulations.

2. In examining, counting and arranging the ballot papers and recording the values thereof in pursuance of these Rules the ballot papers shall be kept with their faces upwards and all proper precautions shall be taken to prevent the numbers printed on the backs of the ballot papers from being seen.

3. A ballot paper shall be invalid and not counted—

(a) which is not marked with the official mark ; or

(b) on which the figure 1 standing alone, indicating a first preference for some one candidate, is not placed ; or

(c) on which the figure 1 standing alone, indicating a first preference, is set opposite the name of more than one candidate ; or

(d) on which the figure 1 standing alone, indicating a first preference and some other number, is set opposite the name of the same candidate ; or

(e) which is unmarked or void for uncertainty ; or

(f) on which any mark or writing appears by which the voter could be identified.

4.—(1) The Seanad Returning Officer shall reject any ballot papers that are invalid. The Seanad Returning Officer shall then ascertain the number of first preferences recorded on the ballot papers for each candidate, and shall then arrange the candidates on a list (hereinafter called " the order of preferences ") in the order of the number of first preferences recorded for each candidate, beginning with the candidate for whom the greatest number of first preferences are recorded. If the number of first preferences recorded for any two or more candidates (hereinafter called " equal candidates ") is equal, the Seanad Returning Officer shall ascertain the number of second preferences recorded on all the ballot papers for each of the equal candidates, and shall arrange the equal candidates as amongst themselves on the order of preferences in the order of the second preferences recorded for each such candidate, beginning with the candidate for whom the greatest number of second preferences is recorded. If the number of first and second preferences recorded for any two or more equal candidates is equal, the Seanad Returning Officer shall, in like manner, ascertain the number of third preferences recorded on all the ballot papers for each of such equal candidates, and arrange such candidates on the order of preferences accordingly, and so on until all the candidates are arranged in order on the order of preferences. If the number of first, second, third, and all other preferences recorded for any two or more equal candidates is equal, the Seanad Returning Officer shall determine by lot the order in which such candidates are to be arranged on the order of preferences.

The Seanad Returning Officer shall then cause the valid ballot papers to be arranged in parcels, according to the first preferences recorded for each candidate.

(2) For the purpose of faciltating the processes prescribed by these Rules, each valid ballot paper shall be deemed to be of the value of one thousand.

(3) The Seanad Returning Officer shall count the number of ballot papers in each parcel, and in accordance with paragraph (2) of this Rule credit each candidate with the value of the valid ballot papers on which a first preference has been recorded for such candidate.

5. The Seanad Returning Officer shall then add together the values in all the parcels and divide the full total value by a number exceeding by one the number of vacancies to be filled. The result, increased by one, any fractional remainder being disregarded, shall be the value sufficient to secure the return of the candidate. This value is herein called the " quota."

6. If at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate the value credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

7.—(1) If at the end of any count the value credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon, and the following provisions shall apply to the making of such transfer, that is to say—

(2) (a) If the value credited to the elected candidate arises out of original votes only, the Seanad Returning Officer shall examine all the ballot papers in the parcel of the elected candidate, whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon, and shall make a separate sub-parcel of the non-transferable papers.

(b) If the value credited to the elected candidate arises out of original and transferred votes, or of transferred votes only, the Seanad Returning Officer shall examine the ballot papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parecels according to the next available preferences recorded thereon and shall make a separate sub-parcel of the non-transferable papers.

(c) In either of the cases referred to in paragraphs (a) and (b) in this sub-section, the Seanad Returning Officer shall ascertain the number of ballot papers and their total value in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

(3) If the surplus is equal to or greater than the total value of the papers in the sub-parcels of transferable papers, the Seanad Returning Officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, each paper being transferred at the value at which it was received by the candidate whose surplus is being transferred.

When the surplus is greater than the total value of the sub-parcels of transferable papers, the non-transferable papers shall be set aside as not effective, at a value which is equal to the difference between the surplus and the value of the sub-parcels of transferable papers.

(4) If the surplus is less than the total value of the transferable papers, the Seanad Returning Officer shall transfer each paper in such sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of transferable papers, fractional remainders being disregarded, except that the consequential loss of value shall be noted on the Result Sheet.

(5) A surplus which arises on the completion of any count shall be dealt with before a surplus which may arise at a subsequent count.

When two or more surpluses arise out of the same count, the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude.

If two or more candidates have an equal surplus arising out of the same count, the surplus of the caididate credited with the greatest value at the earliest count at which the values credited to these candidates were unequal shall be first dealt with.

Where the values credited to such candidates were equal at all counts, the Seanad Returning Officer shall deal first with the surplus of the candidate recorded in the order of preferences as having received the greatest number of first preferences.

8.—(1) If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the Seanad Returning Officer shall exclude the candidate credited with the lowest value and shall transfer his papers to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcels of the excluded candidate as the voter's next available preference, and shall credit the continuing candidate or candidates with the value of the papers transferred, and the following Rules shall apply to the making of such transfer, that is to say—

(2) (a) The parcel containing original votes shall first be transferred, the transfer value of each paper being one thousand.

(b) The sub-parcels containing transferred votes shall then be transferred in the order in which and at the value of which the excluded candidate obtained them.

(c) For the purpose of determining whether a candidate is a continuing candidate, the transfer of each parcel or sub-parcel shall be regarded as a separate count.

(3) In the transfer of each parcel or sub-parcel a separate sub-parcel shall be made of the non-transferable papers which shall be set aside at the value at which the excluded candidate obtained them.

(4) If, when a candidate has to be excluded under this Rule, two or more candidates are each credited with the same value and are lowest, regard shall be had to the total value of original votes credited to each of those candidates, and the candidate with the smallest total value shall be excluded, and where the total values are equal, regard shall be had to the total value credited to those candidates at the earliest count at which they had unequal values, and the candidate with the smallest value at that count shall be excluded.

If two or more candidates are lowest and are each credited with the same value at all counts, the Seanad Returning Officer shall exclude the candidate recorded on the order of preferences as having received the smallest number of first preferences.

9. Whenever any transfer is made under any of these preceding Rules, each sub-parcel of papers transferred shall be placed on top of the parcel or sub-parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with the value ascertained in pursuance of these Rules.

10.—(1) If at the end of any count the number of elected candidates is equal to the number of vacancies to be filled, no further transfers shall be made.

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

(b) When only one vacancy remains unfilled and the value credited to some one continuing candidate exceeds the total of the values credited to the other continuing candidates, together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this Rule, no further transfer shall be made.

11. The Seanad Returning Officer shall record the total of the values credited to each candidate at the end of every count. Such record shall include—

(i) the value of the non-transferable papers not effective; and

(ii) the loss of value owing to disregard of fractions; and may be in accordance with the form set out in Part II of this Schedule, or in a form to the like effect.

12. The candidates shall be deemed to have been elected in the order in which their surpluses were transferred.

A candidate credited at the end of a count with a value exactly equal to the quota shall be regarded as having the smallest surplus at that count for the purposes of this Rule.

When two or more candidates are deemed to have been elected under Rule 10 (2) (a), such candidates shall be deemed to have been elected in the order of values credited to them respectively at that stage, the candidate credited at that stage with the greatest value being deemed to have been the first elected of such candidates, and so on, and if two or more candidates are credited with equal values at that stage, the order of election of such equal candidates shall be ascertained in the same way as the order of exclusion of such candidates would be ascertained under Rule 8 (4), with the difference that the candidates who would be the last to be excluded under that Rule shall be deemed to have been the first elected of such equal candidates, and the candidate who would have been the first to be excluded shall be deemed to have been the last elected.

13.—In these Rules—

(1) The expression " continuing candidate " means any candidate not deemed to be elected and not excluded.

(2) The expression " first preference " means the figure " 1 " standing alone; the expression " second preference " means the figure " 2 " standing alone in succession to the figure " 1, " and the expression " third preference " means the figure " 3 " standing alone in success ion to the figures " 1 " and " 2 " set opposite the name of any candidate, and so on.

(3) The expression " next available preference " means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.

(4) The expression " transferable paper " means a ballot paper on which following a first preference a second or subsequent preference is recorded in numerical order for a continuing candidate.

(5) The expression " non-transferable paper " means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate :

Provided that a paper shall be deemed to have become a non-transferable paper, whenever—

(a) the names of two or more candidates (whether continuing or not) are marked with the same number; and are next in order of preference ; or

(b) the name of the candidate next in order of preference (whether continuing or not) is marked—

(i) by a number not following consecutively after some other number on the ballot paper ; or

(ii) by two or more numbers ; or

(6) The expression " original vote " in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate.

(7) The expression " transferred vote " in regard to any candidate means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(8) The expression " surplus " means the number by which the total value of the votes, original and transferred, credited to any candidate exceeds the quota.

(9) The expression " count " means—

(a) all the operations involved in the counting of the first preferences recorded for candidates ; or

(b) all the operations involved in the transfer of the surplus of an elected candidate ; or

(10) The expression " deemed to be elected " means deemed to be elected for the purpose of counting, but without prejudice to the declaration of the result of the election.

(11) The expression " determined by lot " in Rule 4 means determined in accordance with the following directions—

The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidates concerned shall as amongst themselves be arranged on the order of preferences in the order in which the slips containing their names are drawn, beginning with the candidate whose name is on the slip drawn first.

SCHEDULE.

PART II.

FORM OF RESULT SHEET.

RESULT SHEET.

Number of valid votes............................................................ .................

Full total value of valid votes............................................................ .....

Number of members to be elected............................................................ ..

Quota (value sufficient to secure the election of a candidate)............................................................ ............................................................ ............

Names of Candidates	First Count	Second Count					Names of Candidates elected
Value of Votes	Transfer of	Result	Transfer of	Result	Transfer of	Result








Value of non-transferable papers not effective.	}
Loss of value owing to disregard of fractions.	}
Totals

Signed............................................................ ........

Seanad Returning Officer.