Referendum Act, 1994

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Provisions as to agents.

26.—(1) A member of the Dáil for the constituency and any member of the Seanad may appoint agents to be present—

(a) at the issue of ballot papers to postal voters,

(b) at the opening of the postal ballot boxes, and

(c) at the counting of the votes.

(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of a member of the Dáil or the Seanad shall be fixed by the local returning officer, so, however, that the same number shall be allowed on behalf of every member.

(3) A member of the Dáil for the constituency and any member of the Seanad may appoint one person (in this Act referred to as “a personation agent”) to be present as his agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

(4) An appointment under this section may be revoked by the person by whom it was made.

(5) A member of the Dáil for the constituency and a member of the Seanad shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer for the constituency of the name and address of every agent appointed by that member to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified.

(6) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by that member together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32 ) and the documents and materials specified in that section have been placed in sealed packets.

(7) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.

(8) A member of the Dáil for the constituency and a member of the Seanad shall not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the counting of the votes and the local returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified.

(9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a referendum, another person may be appointed under this section in place of such agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to the local returning officer for the constituency concerned.

(10) A member of the Dáil for the constituency and a member of the Seanad may lawfully do or assist in the doing of any thing which may lawfully be done on the member's behalf by an agent appointed under this section and may be present (in addition to, or in substitution for any such agent) at any place at which any such agent may, pursuant to this Act, be present.

(11) Any thing required by this Act to be done in the presence of an agent shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing.

(12) Where the polling day at a constitutional referendum is also the polling day at a general election—

(a) the powers conferred by this section on a member of the Dáil shall be exercisable by any person who was a member of the Dáil for the constituency concerned immediately before the dissolution which occasioned such general election, and

(b) (i) every person appointed under section 60 of the Act of 1992 to be a personation agent for the purposes of such general election at a polling station shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum and the provisions of this Act shall apply to the person accordingly,

(ii) every person appointed under this section to be a personation agent for the purposes of the referendum at a polling station shall be deemed to have been appointed under section 60 of the Act of 1992 to be a personation agent at such polling station for the purposes of such general election and the provisions of the Act of 1992 shall apply to the person accordingly.