S.I. No. 103/1994 - Údarás na Gaeltachta Elections (Amendment) Regulations, 1994.

I, MICHAEL D. HIGGINS, Minister for Arts, Culture and the Gaeltacht, in exercise of the powers conferred on me by section 33 of the Údarás na Gaeltachta Act, 1979 (No. 5 of 1979), as adapted by the Gaeltacht (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 22 of 1993 ), hereby make the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:

1 Citation.

1. (1) These Regulations may be cited as the Údarás na Gaeltachta Elections (Amendment) Regulations, 1994.

(2) The Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 ), and these Regulations shall be construed together as one and may be cited together as the Údarás na Gaeltachta Elections Regulations, 1979 and 1994.

2 Interpretation.

2. In these Regulations "the Principal Regulations" means the Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 ).

3 Amendment of certain definitions.

3. Regulation 2 (1) of the Principal Regulations is hereby amended by the addition of the following definitions:

" 'authorised person' means a person appointed by the Secretary of the Department of Foreign Affairs to be an authorised person for the purposes of Regulation 33F;

'local authority' means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

'postal voter' means a person whose name is included in the postal voters list prepared by the registration authority pursuant to section 14 of the Electoral Act, 1992 (No. 23 of 1992);

'the register of local government electors' means the register of local government electors and includes the supplement to the register, the postal voters list and the special voters list;

'registration authority' means the council of a county or the corporation of a county borough;

'special presiding officer' means a person appointed as a special presiding officer under Regulation 38A (1);

'special voter' means a person whose name is included in the special voters list prepared by the registration authority pursuant to section 17 of the Electoral Act, 1992 ;".

4 "Covering envelope" and "Excluded day".

4. Regulation 2 (1) of the Principal Regulations is hereby amended—

( a ) by the substitution of the following definition for the definition of "covering envelope":

" 'covering envelope' has the meaning assigned to it by Regulation 33 or 33A (as appropriate);" and

( b ) by the substitution of the following definition for the definition of "excluded day":

" 'excluded day' means a day which is a Sunday, a Good Friday or a day which is declared to be a public holiday by the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday;".

5 Elections.

5. Regulation 6 (1) of the Principal Regulations is hereby amended by the substitution for "8.30 a.m." of "8.00 a.m.".

6 Electors' List.

6. Regulation 7 (2) of the Principal Regulations is hereby amended by the substitution of the following subparagraph for subparagraph (a):

"(a) The name and address of each such person shall be as shown in the register of local government electors in force on the polling day. Where the person is identified on such register as—

(i) a postal voter, the letter (P) shall be set opposite his name

(ii) a special voter, the letter (S) shall be set opposite his name.".

7 Return or disposal of deposit.

7. Regulation 17 (1) (e) of the Principal Regulations is hereby amended by the substitution for "one-third of the quota" of "one quarter of the quota".

8 Ruling on validity of nomination papers.

8. Regulation 21 of the Principal Regulations is hereby amended by the substitution for paragraph (1) of the following paragraphs:

"(1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him and may rule that it is invalid if, but only if, he considers that it is not properly made out or signed.

(1A) The candidate nominated by each nomination paper and his proposer, if any, and one other person designated by the candidate or his proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(1B) The returning officer shall object to the name of a candidate in a nomination paper if such name—

( a ) is not a name by which the candidate is commonly known; or

( b ) is misleading and likely to cause confusion; or

( c ) is unduly long; or

( d ) contains a political reference;

and, where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.".

9 Obstruction of nominations.

9. Regulation 25 (1) of the Principal Regulations is hereby amended by the insertion of "to a later hour on the same day or" after "the returning officer may adjourn the proceedings".

10 Death of a candidate.

10. Regulation 27 (5) of the Principal Regulations is hereby amended by the substitution for "all postal ballot papers issued" of "all ballot papers issued to postal voters and special voters".

11 Issue of postal ballot papers.

11. Regulation 33 (4) (c) of the Principal Regulations is hereby amended by the insertion after "these Regulations" of "(other than Regulations 33A to 33D)".

12 ..

12. The following Regulations are hereby inserted after Regulation 33 of the Principal Regulations:

Ballot paper, etc., for special voters.

"33A. As soon as practicable after the adjournment of the election for the purpose of taking a poll, the returning officer shall cause to be delivered to every elector who is identified as a special voter on the electors list the following:

( a ) a ballot paper for the election;

( b ) a form of declaration of identity in Foirm UG4;

( c ) an envelope (in Regulations 33B to 33D referred to as a "covering envelope") addressed to the returning officer; and

( d ) a smaller envelope marked "Clúdach an Pháipéir Bhallóide" (in these Regulations referred to as a "ballot paper envelope").

Method of voting by special voters.

33B. (1) At an election, a special presiding officer shall, in the presence of a member of the Garda Síochána, deliver to the special voter the form of declaration of identity referred to in Regulation 33A.

(2) No person other than the special presiding officer and the member of the Garda Síochána shall be present when the special voter is voting.

(3) The special voter shall complete the declaration of identity and shall sign it or, if he is unable to write, place his mark thereon and the said signature, or as the case may be, mark, shall be witnessed by the special presiding officer.

(4) The special presiding officer shall, on being satisfied as to the identity of the special voter, mark a ballot paper with the official mark and deliver it to the special voter together with a ballot paper envelope.

(5) The special presiding officer shall, as soon as he has given the ballot paper envelope to the special voter, place a mark against the name of the special voter concerned on a copy of the electors' list to denote that a ballot paper has been issued to such voter but without showing the number of the ballot paper so issued.

(6) The special voter shall thereupon record in secret his vote upon the ballot paper and, when he has so recorded his vote, shall fold the ballot paper so that his vote is concealed and place the ballot paper, so folded, in the ballot paper envelope and seal the envelope and hand the ballot paper envelope to the special presiding officer.

(7) The special presiding officer shall, as soon as he has received the ballot paper envelope, place it together with the completed declaration of identity in a covering envelope which he shall thereupon seal and to which he shall affix a label in Foirm UG 5 signed by himself and the member of the Garda Síochána.

Duties of special presiding officer in relation to covering envelope and other documents.

33C. (1) The special presiding officer shall, before the time fixed for the close of the poll at an election, deliver to the returning officer every covering envelope referred to in paragraph (7) of Regulation 33B.

(2) On the completion of voting by special voters, each special presiding officer shall seal up, in separate packets—

( a ) the unused ballot papers and any spoilt ballot papers, placed together;

( b ) the counterfoils of the ballot papers;

( c ) the marked copy of the electors' list;

( d ) a ballot paper account in Foirm UG 6 completed by him;

( e ) the marking instrument, any unused stationery and any other documents or materials in his possession which relate to voting by special voters at the election;

and he shall deliver all such packets to the returning officer.

Duties of returning officer in relation to documents relating to special voters.

33D. (1) The returning officer shall deal with the packets delivered to him by a special presiding officer pursuant to Regulation 33C in the same manner as he would deal, in accordance with the provisions of these Regulations, with other packets containing similar documents and materials relating to an election.

(2) The returning officer shall place the covering envelopes returned to him by a special presiding officer pursuant to Regulation 33C in the postal ballot box and the covering envelopes and the documents contained therein shall thereafter be treated as if they were envelopes and documents returned to the returing officer by postal voters and the provisions of Regulations 54 to 57 shall apply to such envelopes and documents.

(3) In the application of the provisions of these Regulations relating to postal voters to special voters—

( a ) a reference to "receipt" shall, in relation to documents appropriate to special voters, be construed as a reference to "declaration of identity";

( b ) a reference to "receipt duly signed" in relation to such documents shall be construed as a reference to "declaration of identity duly signed and witnessed"; and

( c ) if the covering envelope does not have the label referred to in Regulation 33B attached thereto or if such label is not duly signed by the special presiding officer and the member of the Garda Síochána, the returning officer shall reject the covering envelope and deal with it as if it were a receipt which had not been duly signed.

Voting by special voters.

33E. An elector who is identified as a special voter on the electors' list for a constituency shall be entitled to vote in that constituency at the poll at an election in accordance with the provisions of Regulation 33B and shall not be entitled to vote in any other manner at the election.

Voting by postal voters deemed to be ordinarily resident in the State.

33F. (1) For the purpose of this Regulation "relevant postal voter" means a person who is deemed by virtue of section 12 of the Electoral Act, 1992 , to be ordinarily resident in premises in the State on the qualifying date and is included in the postal voter list prepared by the registration authority pursuant to section 14 of the above Act.

(2) The provisions of these Regulations in relation to postal voting shall apply to the issue of ballot papers to, and the return of such ballot papers by, a relevant postal voter, subject to the following modifications:

( a ) the relevant postal voter shall, in the presence of an authorised person and no other person, do the following things in the following order:

(i) produce to the authorised person a ballot paper (in relation to which the authorised person shall satisfy himself that it is unmarked) and a form of declaration of identity in Foirm UG 7;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the authorised person who shall, if he is satisfied as to the identity of the person who has signed the declaration of identity, witness the signature;

(iv) mark, in secret, his ballot paper;

(v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope.

( b ) a reference to 'receipt' shall, in relation to documents appropriate to such electors, be construed as a reference to 'declaration of identity'; and

( c ) a reference to 'receipt duly signed', in relation to such documents, shall be construed as a reference to 'declaration of identity duly signed and witnessed'.".

13 Polling information cards.

13. Regulation 35 of the Principal Regulations is hereby amended—

( a ) by the substitution for "polling card" of "polling information card" in each place where those words occur

( b ) by the insertion in paragraph (1) after "a postal voter" of "or a special voter"; and

( c ) by the substitution for "and shall be sent to the elector in sufficient time to be delivered in the ordinary course of post not later than the third day before the polling day" in paragraph (2) of "and shall be delivered at that address not later than the third day before the polling day".

14 Use of schools and public premises for taking the poll.

14. Regulation 36 (1) of the Principal Regulations is hereby amended by the substitution for "and any premises the expense of maintaining which is payable out of any rate" of "and any premises (other than a dwelling house) owned or occupied by a local authority".

15 ..

15. The following Regulation is hereby inserted after Regulation 37 of the Principal Regulations:

Authorisation of physically ill or physically disabled elector to vote at another polling station.

"37A. Where, not less than 7 days before polling day at an election, an elector, who is not identified as a special voter or as a postal voter on the electors' list, satisfies the returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote the returning officer may, if he is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station situated in the same constituency, in writing authorise the elector to vote at such polling station as may be specified in the authorisation instead of the polling station at which the elector would otherwise be entitled to vote.".

16 ..

16. The following Regulation is hereby inserted after Regulation 38 of the Principal Regulations:

Special presiding officers.

"38A. (1) The returning officer shall, as circumstances may require, appoint one, or more than one, person to be a special presiding officer to carry out the functions conferred on a special presiding officer by these Regulations.

(2) The provisions of these Regulations relating to the powers, rights and duties of a presiding officer appointed for a polling station at an election shall apply to a special presiding officer appointed under this Regulation as if he were a presiding officer so appointed and as if the place where the special voter is casting his vote were a polling station at an election.

(3) The returning officer may perform all or any of the functions of a special presiding officer appointed under this Regulation and the provisions of paragraph (2) of this Regulation shall apply to the returning officer while he is performing any of these functions.

(4) The provisions of Regulation 45 relating to the right of an elector to request that his ballot paper be marked for him by a companion shall not apply in relation to a special voter.".

17 Admission to polling stations.

17. Regulation 41 (2) of the Principal Regulations is hereby amended by the insertion of "and Regulation 37A" after "subject to Regulation 42".

18 Procedure for voting.

18. Regulation 43 (1) of the Principal Regulations is hereby amended by the substitution for "Subject to Regulations 33 and 45 to 48," of "Subject to Regulation 33, 33E, 37A, 42 and 45 to 48,".

19 Spoilt ballot papers.

19. Regulation 44 of the Principal Regulations is hereby amended by the substitution for paragraph (1) of the following paragraph:

"(1) A voter who has inadvertently spoilt his ballot paper, shall, on returning it to the presiding officer and satisfying him as to the inadvertence, be given another ballot paper.".

20 Voting by blind, incapacitated and illiterate electors.

20. Regulation 45 of the Principal Regulations is hereby amended—

( a ) by the substitution for "that he is so illiterate" in paragraph (1) of "that he is unable to read or write to such an extent";

( b ) by the substitution for "go bhfuil mé chomh neamhliteartha sin" in the affirmation in paragraph (2) of "go bhfuil mé gan a bheith in ann léamh nó scríobh chomh mór sin";

( c ) by the substitution for "the elector is illiterate" in paragraph (5) (a) of "the elector is unable to read or write"; and

( d ) by the substitution for "within four hours" in paragraph (6) of "within two hours".

21 Questions and oath to votes at election.

21. Regulation 46 of the Principal Regulations is hereby amended—

( a ) by the substitution for "an 15 Aibreán seo caite?" in paragraph (1) (c) of "an 15 Feabhra seo caite?";

( b ) by the substitution for "an 15 Aibreán seo caite" in the affirmation in paragraph (2) of "an 15 Feabhra seo caite".

22 Question and oath to voters at election.

22. Regulation 46 (3) of the Principal Regulations is hereby amended by the insertion of "and Regulations 45 and 46A" after "Regulation" and by the insertion of "and no request to that person to produce a document shall be made" after "vote".

23 Right to vote.

23. The following Regulation is hereby inserted after Regulation 46 of the Principal Regulations:

"46A (1) Notwithstanding anything contained in Regulation 46, the returning officer or the presiding officer may of his own volition or, if so required by a personation agent present in the polling station, shall request any person at the time of applying for a ballot paper, but not afterwards, to produce a document referred to in paragraph (2) of this Regulation and, if the person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote.

(2) The documents mentioned in paragraph (1) of this Regulation are: a passport; a driving licence; an employee or student identity card; a medical card issued in the State; a travel document containing the name and photograph of the holder; a social services card issued by the Department of Social Welfare; a bank or saving bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate; a marriage certificate.".

24 Alleged personation.

24. Regulation 47(1) of the Principal Regulations is hereby amended by the insertion of "and duly produces a document referred to in Regulation 46A (2) having been so required by the presiding officer under that Regulation to do so" after "that Regulation".

25 Arrest of persons committing personation.

25. Regulation 48 of the Principal Regulations is hereby amended—

( a ) by the substitution for "the presiding officer shall order a member of the Garda Síochána" in paragraph (2) of "the presiding officer may order a member of the Garda Síochána"; and

( b ) by the substitution for "he believes" in paragraph (3) of "he has reasonable cause to believe".

26 Maintenance of order in polling stations.

26. The following subparagraph is inserted after subparagraph (b) in Regulation 49 (1) of the Principal Regulations:

"(c) The presiding officer shall as far as practicable ensure that all material which advocates the candidature of a particular person or persons is removed from the polling station.".

27 Obstruction of the poll.

27. Regulation 50 (3) of the Principal Regulations is hereby amended by the substitution for "shall not declare the result of the election" of "shall not open any of the ballot boxes used in the constituency".

28 Damage to polling stations.

28. Regulation 51 of the Principal Regulations is hereby amended by the substitution for paragraph (4) of the following paragraph:

"The returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll or the continued poll has been completed.".

29 Destruction, etc. of ballot boxes or ballot papers.

29. Regulation 52 of the Principal Regulations is hereby amended by the substitution for paragraph (5) of the following paragraph:

"The returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll has been completed.".

30 Close of poll.

30. Regulation 53 (2) of the Principal Regulations is hereby amended in subparagraph (e) by the substitution for "Regulation 42" of "Regulation 37A or 42".

31 Close of poll.

31. Regulation 53 (3) of the Principal Regulations is hereby amended by the insertion of "delivered in pursuance of this Regulation" after "boxes".

32 Opening of postal ballot boxes.

32. Regulation 54 (2) of the Principal Regulations is hereby amended by the insertion of ", if any," after "agents".

33 Procedure as respects documents relating to postal voters.

33. Regulation 56(5) of the Principal Regulations is hereby amended by the insertion after "postal voters" of "and special voters".

34 Place for the counting of the votes.

34. Regulation 58 of the Principal Regulations is hereby amended by the insertion of "and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the election" after "Regulations".

35 Handling of ballot papers by candidates or agents.

35. The following Regulation is hereby inserted after Regulation 62 of the Principal Regulations:

"62A. Candidates or their agents shall not handle ballot papers during the counting of the votes.".

36 Invalid ballot papers.

36. Regulation 64 of the Principal Regulations is hereby amended—

( a ) by the insertion of ", in the opinion of the returning officer," after "on which" in paragraph 1 (d); and

( b ) by the insertion of the following paragraph after paragraph (2):

"(3) The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by an elector on the ballot paper.".

37 Transfer of surplus.

37. Regulation 67 (8) of the Principal Regulations is hereby amended by the substitution for subparagraph (a) of the following subparagraph:

"( a ) the returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

(i) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or

(ii) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.".

38 Exclusion of candidate.

38. Regulation 68 of the Principal Regulations is hereby amended by the substitution for paragraph (2) of the following paragraph:

"(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—

( a ) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

( b ) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota it is clear that the exclusion of the candidates separately in accordance with paragraph (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.".

39 Recount.

39. Regulation 71 (3) of the Principal Regulations is hereby amended—

( a ) by the insertion of the following subparagraphs after subparagraph (c):

"( d ) Nothing in the provisions of this Regulation shall make it obligatory on the returning officer to comply with a request by a candidate or his election agent which, in the opinion of the returning officer, is frivolous or vexatious.

( e ) A request under this Regulation may be made only at the conclusion of a count"; and

( b ) by the insertion of the following paragraph after paragraph (4):

"(5) Where a request made under paragraph (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or to proceed further, with the re-examination and recount.".

40 Return of persons elected.

40. Regulation 74 (3) of the Principal Regulations is hereby amended by the insertion of "and to each person elected" after "Minister".

41 Retention and disposal of documents by returning officer.

41. Regulation 75 (2) of the Principal Regulations is hereby amended by the substitution for subparagraph (e) of the following subparagraph:

"(e) the authorisations to electors to vote at other polling stations,".

42 Personation.

42. The following Regulation is hereby substituted for Regulation 78 of the Principal Regulations:

"78. (1) A person who, at an election—

( a ) applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or

( b ) having obtained a ballot paper once at an election applies at the same election for a ballot paper in his own name (otherwise than under Regulation 44)

shall be guilty of the offence of personation.

(2) For the purposes of this Regulation, a person to whom a ballot paper has been issued pursuant to Regulation 33 or 33B shall be deemed to have obtained a ballot paper.

(3) A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.".

43 Breach of secrecy.

43. Regulation 80(1) of the Principal Regulations is hereby amended by the insertion of "or at voting by special voters" after "ballot boxes" and by the insertion of "or the said voting" after "said issue" in each place where those words occur in subparagraphs (a) and (b).

44 Offences relating to ballot boxes, ballot papers, nomination papers, official marks, etc.

44. Regulation 81 of the Principal Regulations is hereby amended—

( a ) by the substitution for "fraudulently" of "without lawful authority" in subparagraph ( f ); and

( b ) by the substitution for "any certificate under Regulation 42" of "any authorisations under Regulation 37A or 42" in subparagraph (g).

45 Interference with or destruction of postal ballot papers and obstruction or interference with electors.

45. The following Regulations are hereby inserted after Regulation 87 of the Principal Regulations:

"87A. Any person who, at an election—

( a ) wilfully and without lawful authority takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter under these Regulations, or

( b ) without lawful authority knowingly supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it,

shall be guilty of an offence.

87B. (1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period of commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Regulation 50, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

( a ) loiter or congregate with other persons;

( b ) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;

( c ) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or

( d ) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this Regulation, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in paragraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.".

46 Personation agent leaving polling station without permission.

46. Regulation 88 of the Principal Regulations is hereby amended by the substitution for paragraph (2) of the following paragraph:

"(2) A personation agent who contravenes paragraph (1) shall be guilty of an offence and in addition shall not, save with the permission of the presiding officer, return to the polling station in question.".

47 Prohibition on voting by person registered as elector when not entitled to be so registered.

47. The following Regulation is hereby inserted after Regulation 88 of the Principal Regulations:

"88A. A person—

(1) ( a ) who is included in the electors' list and registered in the register of local government electors for the time being in force for a constituency but is not entitled to be so included and registered, or

( b ) who is not included in such list or is not registered in such register,

shall not vote in that constituency.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.".

48 Handling of ballot papers by candidates or agents and unauthorised inspection of documents.

48. The following Regulations are hereby inserted after Regulation 91 of the Principal Regulations:

"91A. A candidate or the agent of a candidate who handles a ballot paper during the counting of the votes at an election shall be guilty of an offence.

91B. Unauthorised inspection of any document which is a document mentioned in Regulation 75 shall be an offence.".

49 Penalties for certain offences.

49. Regulation 93(c) of the Principal Regulations is hereby amended by the substitution for "or 87" of ", 87, 87A, 87B, 88A, 91A or 91B".

50 Damages for breach of duty by officers, etc.

50. Regulation 95 of the Principal Regulations is hereby amended by the deletion of "not exceeding one hundred pounds".

51 ..

51. The following Part is hereby inserted after Regulation 96 of the Principal Regulations:

"PART VII

Miscellaneous

Secrecy.

97. A person who is—

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

( b ) present while a special voter is voting, or

( c ) present at the opening of postal ballot boxes, or

( d ) admitted to a polling station in any capacity, or

( e ) present in any capacity at the counting of the votes,

shall maintain and aid in maintaining the secrecy of the ballot.

Prohibition of disclosure of vote.

98. A person who has voted at an election shall not in any legal proceedings be required to state how or for whom he voted.".

52 Amendment of Foirm UG1.

52. The Schedule to the Principal Regulations is hereby amended by the substitution in Foirm UG1 for paragraph 4 on the back of the form of the following paragraph:

"4. Tabharfaidh an ceann comhairimh rialú ar bhailíocht an pháipéir ainmniúcháin laistigh d'uair an chloig tar éis é a sheachadadh air. Tá ceangal air cur i gcoinne ainm iarrthóra más rud é — (a) nach é an t-ainm sin an t-ainm a thugtar de ghnáth ar an iarrthóir; nó (b) go bhfuil an t-ainm sin míthreorach agus gur dóigh go gcuirfeadh sé daoine amú; nó (c) go bhfuil an t-ainm sin rófhada; nó (d) go bhfuil tagairt pholaitiúil san ainm sin. Beidh an t-iarrthóir agus a mholtóir, más ann, agus duine amháin eile a roghnóidh an t-iarrthóir (nó a mholtóir) i dteideal bheith i láthair le linn an rialú a bheith á thabhairt agus ní bheidh duine ar bith eile i láthair mura gceadóidh an ceann comhairimh é.".

53 Amendment of Foirm UG3.

53. The Schedule to the Principal Regulations is hereby amended by the substitution of the form set out in Part I of the Schedule to these Regulations for Foirm UG3.

54 ..

54. The Schedule to the Principal Regulations is hereby amended by insertion of the forms set out in Part II of the Schedule to these Regulations after Foirm UG3.

Regulations 53 and 54.

SCHEDULE

PART I

"FOIRM UG3

TOGHCHÁN D'ÚDARÁS NA GAELTACHTA

CÁRTA FAISNÉISE VÓTAÍOCHTA

(Éadan an Chárta)

Is mar eolas amháin an cárta seo: ní cárta céannachta é. Bí deimhin de cáipéis chéannachta a thabhairt leat nuair a théann tú chun vótáil — FÉACH CÚL AN CHÁRTA SEO.

(Cúl an Chárta)

FAISNÉIS CHÉANNACHTA

TÁ GACH DEALRAMH ANN GO N-IARRFAR ORT CEANN DE NA CÁIPÉISÍ SEO A THAISPEÁINT—

pas; ceadúnas tiomána; cárta céannachta fostaí nó mic léinn; cárta leighis arna eisiúint sa Stát; cáipéis taistil ar a bhfuil ainm agus grianghraf an tsealbhóra; cárta seirbhísí sóisialta arna eisiúint ag an Roinn Leasa Shóisialaigh; leabhar bainc nó bainc taisce; seicleabhar; seic-chárta; cárta creidmheasa; cárta comhaltais comhair creidmheasa; teastas beireatais; teastas pósta.

DÉAN DEIMHIN DE CEANN DE NA CÁIPÉISÍ SEO A THABHAIRT LEAT GO DTÍ AN STÁISIÚN VÓTAÍOCHTA; MURA mBÍONN CEANN ACU LEAT BEIDH SEANS ANN NACH gCEADÓFAR DUIT VÓTÁIL.".

PART II

"FOIRM UG4

FOIRM UM DHEARBHÚ CÉANNACHTA Ó VÓTÁLAÍ SPEISIALTA

DEARBHÚ CÉANNACHTA

(Cúl na Foirme)

DEARBHÚ CÉANNACHTA Ó VÓTÁLAÍ SPEISIALTA

Nótaí agus Treoracha

Tabharfaidh oifigeach ceannais speisialta páipéar ballóide chuig an vótálaí speisialta i láthair comhalta den Gharda Síochána. Caithfear an dearbhú céannachta seo a dhéanamh i bhfianaise an oifigigh cheannais speisialta. Má tá an t-oifigeach ceannais speisialta sásta le céannacht an vótálaí, tabharfaidh sé páipéar ballóide don vótálaí. Tar éis dó an páipéar ballóide a mharcáil faoi rún, cuirfidh an vótálaí é i gclúdach páipéir ballóide. Séalóidh sí/sé an clúdach agus tabharfaidh sí/sé don oifigeach ceannais speisialta é. Cuirfidh an t-oifigeach ceannais speisialta an clúdach agus an dearbhú céannachta i gclúdach ar a bhfuil seoladh an cheann chomhairimh. Tabharfaidh oifigeach ceannais speisialta an clúdach chuig an gceann comhairimh agus déileálfaidh seisean leis sa chaoi chéanna ina ndéileálfadh sé le clúdach ó phostvótálaí.

FOIRM UG5

AN LIPÉAD ATÁ LE GREAMÚ d'FHORCHLÚDACH

FOIRM UG6

CUNTAS AR PHÁIPÉIR BHALLÓIDE SPEISIALTA

FOIRM UG7

FOIRM UM DHEARBHÚ CÉANNACHTA Ó PHOSTVÓTÁLAÍ A MHEASTAR A BHEITH INA CHÓNAÍ SA STÁT

(Cúl na Foirme)

DEARBHÚ CÉANNACHTA Ó PHOSTVÓTÁLAÍ

Nótaí agus Treoracha

1. San fhoirm seo ciallaíonn "postvótálaí" duine atá cláraithe mar phostvótálaí de bharr gur státseirbhíseach í/é atá ag freastal lasmuigh den Stát mar bhall de mhisean taidhleoireachta nó de phost consalachta nó céile státseirbhísigh den sórt sin. Ciallaíonn "duine údaraithe" duine atá ceaptha ag Rúnaí na Roinne Gnóthaí Eachtracha chun a bheith i láthair le linn don phostvótálaí a bheith ag vótáil.

2. Caithfidh an postvótálaí—

( a ) an páipéar ballóide (agus é gan mharc); agus

( b ) foirm an dearbhaithe céannachta

a thabhairt ar aird don duine údaraithe.

Ansin caithfidh sí/sé an dearbhú céannachta a shíniú i láthair an duine údaraithe a bheidh mar fhinné don síniú. I láthair an duine údaraithe, marcálfaidh an postvótálaí an páipéar ballóide faoi rún, fillfidh sí/sé é agus cuirfidh sí/sé é sa chlúdach litreach ar a bhfuil "Clúdach an Pháipéir Bhallóide" marcáilte. Séalóidh sí/sé an clúdach litreach seo agus cuirfidh sí/sé é, mar aon leis an dearbhú céannachta, agus é sínithe i láthair finné mar is cuí, sa chlúdach litreach a bheidh dírithe chuig an gceann comhairimh. Caithfear an clúdach litreach seo a sheoladh sa chaoi go bhfaighfidh an ceann comhairimh é roimh an am atá socraithe le haghaidh críochnú na vótaíochta. Mura ndéantar sin ní féidir glacadh leis an bpáipéar ballóide don chomhaireamh. ".

GIVEN under my Official Seal this 27th day of April, 1994.

MICHAEL D. HIGGINS,

Minister for Arts, Culture and the

Gaeltacht.

EXPLANATORY NOTE.

These Regulations amend the Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 ). They provide for voting by electors with physical illness or physical disability and by civil servants attached to diplomatic missions and their spouses resident abroad. The Regulations also amend provisions pertaining to ruling on validity of nomination papers, nominations, death of a candidate, the poll, counting of votes, result of election, retention, inspection and disposal of documents, electoral offences and secrecy of the ballot. They also amend the form of polling card.