S.I. No. 83/1959 - Referendum (Prescribed Forms) Regulations, 1959.

S.I. No. 83 of 1959.

REFERENDUM (PRESCRIBED FORMS) REGULATIONS, 1959.

The Minister for Local Government in exercise of the powers conferred on him by section 3 of the Referendum Act, 1942 (No. 8 of 1942) hereby makes the following Regulations :—

1. These Regulations may be cited as the Referendum (Prescribed Forms) Regulations, 1959.

2. Each of the forms in the Schedule to these Regulations shall be the prescribed form for the purpose of the Referendum Acts, 1942 to 1959, to which such form is expressed to be applicable.

SCHEDULE.

REFERENDUM ACT, 1942.

Statement of the Number of Dáil Electors registered in the Register of Electors in force in bach Constituency or Portion of a Constituency in the Registration Area of............................

Form R.A. 1. Section 7 (2).

I certify that the above statement is correct.

Date...................... 19.....

.......................................

Registration Officer.

REFERENDUM ACT, 1942.

Ballot Paper No.

Form R.A.2. Section 20 (2).

DECLARATION OF IDENTITY.

Section 20 (2).

I hereby declare that I am the person to whom the ballot paper numbered as above and the envelope in which it was enclosed (both of which I now produce) were sent.

(Voter's Signature)............................................................ .........

The above named, who is personally known to me, has produced the ballot paper and the envelope above referred to, and has signed the above declaration in my presence.

(See instructions on back of this form).

INSTRUCTIONS TO THE VOTER.

1. Before marking the accompanying ballot paper the voter must produce :—

(i) The ballot paper showing the number thereon ;

(ii) This paper ; and

(iii) The envelope in which he has received the ballot paper ;

to some person to whom the voter is known, who will witness the declaration of identity (see other side).

2. The voter must sign the declaration of identity in the presence of the witness.

3. Before voting the voter should read carefully the instructions for marking which are printed on the ballot paper. The voter should not allow any person to see how he has voted.

4. Immediately after voting, the voter must place the marked ballot paper in the enclosed small envelope on which are printed the words "Ballot paper envelope", and fasten it up. He must then place the ballot paper envelope, together with this paper, in the other larger enclosed envelope addressed to the Local Returning Officer and despatch the same by post without delay. Unless an elector returns his ballot paper at once it may be too late to be counted.

5. If a voter receives more than one ballot paper he must remember that he can vote only once. Every person who votes more than once at a referendum is guilty of an illegal practice, and is liable to a fine not exceeding one hundred pounds.

REFERENDUM ACT, 1942.

NOTICE OF THE TAKING OF A REFERENDUM.

Form R.A. 3. First Schedule Rule 3 (1).

Pursuant to Rule 3 of the First Schedule of the Referendum Act, 1942, notice is hereby given that a Referendum will be taken on the proposal contained in the under-mentioned Bill

The Bill may be inspected free of charge or purchased at................... per copy at the following post offices, viz.:—

............................................................ ............................................................ ............................................................ ........

............................................................ ............................................................ ............................................................ ........

............................................................ ............................................................ ............................................................ ........

............................................................ ............................................................ ............................................................ ........

............................................................ ............................................................ ............................................................ ........

............................................................ ............................................................ ............................................................ ........

The poll will be held on.............................

......................................................

Local Returning Officer for the

Constituency of............................................................ ......

REFERENDUM ACT, 1942.

UNDERTAKING TO PRESERVE THE SECRECY OF THE VOTING.

Form R.A, 4. First Schedule, Rules 14 and 29 (3).

I solemnly undertake that I will not at this referendum on the proposal contained in the Bill entitled

do anything forbidden by section 22 of the Referendum Act, 1942, which I have read.

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

Address.....................................................

Date............................................................ .

Signed in the presence of :........................

Local Returning Officer (or Presiding Officer) or a Peace Commissioner for the County of...........................

Section 22 of the Referendum Act, 1942.

22.—(1) Every officer, clerk, and person employed or in attendance at a polling station at the poll at a referendum shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any voter who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk or person, and no other person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the manner in which any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the manner in which any voter in such station isabout to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.

(2) Every officer, clerk, and person employed or in attendance at the opening of the ballot boxes or the counting of the votes by a local returning officer at a referendum shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such opening or counting the number on the back of any ballot paper, or communicate any information obtained at such opening or counting as to the manner in which any vote is given in any particular ballot paper.

(3) Every officer, clerk, and person concerned in or present at the issue of ballot papers to postal voters or the receipt of ballot papers from postal voters at a referendum shall maintain, and aid in maintaining the secrecy of the voting by such voters, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any postal voter to or from whom any ballot paper has been sent or received, or as to the official mark, and no such officer, clerk, or person, and no other person whosoever shall interfere with, or attempt to interfere with, the receipt, marking, or return of his ballot paper by any postal voter at a referendum or attempt to obtain information as to the manner in which any such voter has voted, or communicate at any time to any person any information obtained in connection with the issue or receipt of ballot papers to or from postal voters at a referendum as to the manner in which any such voter has voted or as to the number on the back of the ballot paper sent to any such voter.

(4) No person shall directly or indirectly induce any voter at a referendum to display his ballot paper after he shall, have marked the same so as to make known to such person or to any other person the manner in which such voter has marked his vote.

(5) Every person who by any act or omission contravenes any of theprovisions of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.

REFERENDUM ACT, 1942.

TENDERED VOTES LIST.

Constituency of............................................................ .....

Polling District of............................................................ .....

Polling Station No............................................................ ...

Form R.A. 5. First Schedule, Rule 19.

I certify that the above List is true and accurate.

(Signed) ............................................................ ..............

Presiding Officer at Polling Station No......................

Dated this.............................day of..................19........

REFERENDUM ACT, 1942.

BALLOT PAPER ACCOUNT.

Form R.A. 6. First Schedule, Rule 23.

Constituency of............................................................ ............................

Polling District of............................................................ ..........................

Polling Station Number............................................................ ...............

I certify that the above Ballot Paper Account is true and accurate.

(Signed) ............................................................ .

Presiding Officer

Polling Station No...........................

Dated this..................day of............19........

REFERENDUM ACT, 1942.

Form R.A. 7. First Schedule, Rule 31 (a)

To the Referendum Returning Officer—

Report of Local Returning Officer on the Votes cast in the Constituency of............................................................ ............................................ in connection with the Referendum on the Proposal contained in the Bill entitled

I certify that the particulars set out in the above report are correct.

Date.................... ...................

Local Returning Officer

REFERENDUM ACT, 1942.

CONSTITUTIONAL REFERENDUM.

Form R.A. 8. First Schedule, Rule 32 (1).

Provisional Referendum Certificate stating the result of the voting in the Referendum taken on the...............day of...............19........, under the Referendum Act, 1942, prepared by the Referendum Returning Officer from the reports furnished to him by the several local returning officers in all the constituencies.

I. The number of votes recorded at the Referendum in each constituency in favour of the proposal, and against the proposal, contained in the Bill entitled

are shown respectively, for each such constituency, in columns 2 and 3 of the table set out hereunder, that is to say :—

TABLE

II. (a) The total number of votes recorded at the Referendum in favour of the proposal is....................................................

(b) The total number of votes recorded at the Referendum against the proposal is ...................

III. A majority of the votes recorded at the Referendum*.................recorded in favour of the proposal.

Date.....................................

............................................................ .......

Referendum Returning Officer

* Insert "is" or "is not" as appropriate.

REFERENDUM ACT, 1942.

ORDINARY REFERENDUM.

Form R.A. 9. First Schedule, Rule 32 (1).

Provisional Referendum Certificate stating the result of the voting in the Referendum taken on the................. day of................. 19........, under the Referendum Act, 1942, prepared by the Referendum Returning Officer from the reports furnished to him by the several local returning officers in all the constituencies.

I. The number of votes recorded at the Referendum in each constituency in favour of the proposal, and against the proposal, contained in the Bill entitled

are shown respectively, for each such constituency, in columns 2 and 3 of the table set out hereunder, that is to say :—

TABLE

II. (a) The total number of votes recorded at the Referendum in favour of the proposal is............................................................ ............................................................ ...................

(b) The total number of votes recorded at the Referendum against the proposal is............................................................ ............................................................ ...........

III. The total number of Dáil electors on the register of electors for the time being in force was............................................................ ............................................................ ................

IV. The number of votes recorded against the proposal *.......................... less than thirty-three and one-third per cent of the said number of Dáil electors.

V. The proposal*.................. vetoed at the Referendum.

Date..........................................

..................................................

Referendum Returning Officer

* Insert "is" or "is not" as appropriate.

POLLING CARD

REFERENDUM

Form. R.A. 10. Section 4 (1) of 1946 Act.

The number in the register of Dáil electors of, and the polling place appointed for, the person to whom this card is addressed are stated above.

This card does not authorise any person to vote who is prohibited from voting.

This card does not establish the identity of the person in whose possession it may be.

Only Dáil Electors may vote at a Referendum.

Keep this card carefully for reference on polling day.

Issued by the Local Returning Officer.

GIVEN under the Official Seal of the Minister for Local Government this fifteenth day of May, One Thousand Nine Hundred and Fifty-nine.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

These regulations prescribe the various forms required to be used in the conduct of a referendum under the Referendum Acts, 1942 to 1959.