Electoral Act, 1960

• Permanent Page URL

Number 43 of 1960.

ELECTORAL ACT, 1960.

ARRANGEMENT OF SECTIONS

Part I

Preliminary and General

Part II

Elections to Dáil Éireann

Part III

Presidential Elections

Part IV

Referenda

Part V

Elections to Local Authorities

SCHEDULE

Number 43 of 1960.

ELECTORAL ACT, 1960.

AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS, 1923 TO 1959, THE PRESIDENTIAL ELECTIONS ACTS, 1937 AND 1946, AND THE REFERENDUM ACTS, 1942 TO 1959, TO MAKE CERTAIN AMENDMENTS IN THE ENACTMENTS RELATING TO ELECTIONS TO LOCAL AUTHORITIES AND TO CONTINUE CERTAIN ENACTMENTS. [21st December, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Part I.

Preliminary and General.

Short title and commencement.

1.—(1) This Act may be cited as the Electoral Act, 1960.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Local Government either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Continuance of certain enactments.

2.—Notwithstanding anything contained in any other Act—

(a) so much of the Parliamentary Elections Act, 1868, as is continued by the Corrupt and Illegal Practices Prevention Act, 1883, and

(b) the Corrupt Practices Commission Expenses Act, 1869,

shall continue in force until such time as they are repealed or terminated.

Repeals.

3.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Part II.

Elections to Dáil Éireann.

Interpretation, construction and collective citation (Part II).

4.—(1) In this Part of this Act “the Principal Act” means the Electoral Act, 1923 .

(2) The Electoral Acts, 1923 to 1959, and this Part of this Act shall be construed together as one Act and may be cited together as the Electoral Acts, 1923 to 1960.

Ascertainment of elector's age.

5.—The Principal Act is hereby amended by the substitution of the following section for section 7 (inserted by section 3 of the Electoral (Dáil Éireann and Local Authorities) Act, 1945) :

“7. For the purposes of this Act a person's age shall be taken to be that person's age on the 15th day of April next following the 15th day of September, being the qualifying date.”

Entry of members of Garda Síochána and Defence Forces in postal voters list and special provision for registration of members of Defence Forces.

6.—(1) The Principal Act is hereby amended by the insertion of the following section after section 8:

“8A.—(1) A Dáil elector shall be entered in the postal voters list for his constituency if he is—

(a) a member of the Garda Síochána, or

(b) a whole time member of the Defence Forces.

(2) Where, not later than the last day for making claims referred to in Rule 9 of the First Schedule to this Act, an elector who is a whole time member of the Defence Forces furnishes a statement of the place in which, but for his service, he would be ordinarily resident on the qualifying date to the registration officer for the registration area in which that place is situate, the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in the constituency in which that place is situate.

(3) (a) In this section “a whole time member of the Defence Forces” means—

(i) a member of the Permanent Defence Force, or

(ii) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954 , or

(iii) a reservist called out on permanent service.

(b) In the foregoing paragraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954 .”

Days for nominations and polls.

7.—The Principal Act is hereby amended by the substitution of the following section for section 18 (as amended by subsection (1) of section 3 of the Electoral (Amendment) Act, 1927 , and sub paragraph (1) of paragraph (3) of the Electoral Act, 1923 , Adaptation Order, 1945 ):

“18. (1) At a Dáil Election—

(a) the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following—

(i) in the case of a general election, the day of the proclamation dissolving Dáil Éireann, and

(ii) in the case of a bye-election, the day on which the writ for the election is issued, and

(b) the poll shall be taken on such day as shall be appointed by the Minister for Local Government being a day during the period which consists of the ten days (disregarding any excluded day) next following the period which consists of the six days (disregarding any excluded day) next following the last day for receiving nominations.

(2) Section 60 of this Act shall not apply in relation to this section, but ‘excluded day’ in this section means any of the days which are specified in subsection (1) of the said section 60 as days not to be reckoned.”

Voting by postal voters.

8.—(1) Section 21 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (1) to (4):

“(1) Every elector whose name is, at the time of a Dáil election, on the postal voters list for a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the returning officer for the said constituency and shall not be entitled to vote in any other manner.

(2) The returning officer shall, in the case of a contested Dáil election, as soon as practicable after the adjournment of the election, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”

(2) The Fourth Schedule to the Principal Act is hereby amended—

(a) by the substitution of “receipt” for “declaration of identity” or “declaration” wherever those words occur in Rules 1, 3, 6, 7 and 9,

(b) by the deletion of “and authenticated” in paragraph (4) and (5) of Rule 6 and in paragraph (1) of Rule 7, and

(c) by the substitution of “receipts” for “declarations” in paragraph (2) of Rule 7.

Arrangement of names in postal voters list.

9.—The First Schedule to the Principal Act is hereby amended by the substitution of the following rule for Rule 16:

“16. The names in the postal voters list shall be arranged in such manner and such order as may be directed by the Minister for Local Government.”

Voting by blind and incapacitated persons.

10.—(1) Part I of the Fifth Schedule to the Principal Act is hereby amended by the substitution of the following rule for Rule 24:

“24. (1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and he requests that his ballot paper shall be marked for him by a companion, then, subject to sub paragraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall place it so marked in the ballot box.

(b) For the purposes of subparagraph (a) of this paragraph—

(i) the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated—as the case may be) that I am unable to vote without assistance’

and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule;

(ii) the presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:

(I) Have you attained the age of sixteen years?

(II) Have you marked as a companion more than one ballot paper at this election (or bye-election, as the case may be)?

(III) Are you a candidate at this election (or bye-election, as the case may be)?

(IV) Are you an agent of a candidate at this election (or bye-election, as the case may be)?

and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper;

(iii) the presiding officer may, and, if requested by the agent of a candidate, shall, administer to the companion before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this election (or this bye-election, as the case may be) and that I am not a candidate or an agent of a candidate thereat’

and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper.

(c) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and either—

(i) he does not request that his ballot paper shall be marked for him by a companion, or

(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or (iii) of sub paragraph (b) of paragraph (I) of this rule,

the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.

(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper an oath or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the form set out in clause (i) of paragraph (b) of this paragraph, and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.

(e) If any elector satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.

(2) A request made by any elector within four hours before the hour fixed for closing the poll to have his ballot paper marked for him under this rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.

(3) Where under this rule the presiding officer marks a ballot paper, he shall observe the directions contained in Part II of this Schedule.”

(2) (a) Where, pursuant to paragraph (1) of Rule 24 of Part I of the Fifth Schedule to the Principal Act (as amended by subsection (1) of this section), a person has marked as a companion two ballot papers at an election, he shall not, at that election, mark as a companion any other ballot paper.

(b) A person shall not, pursuant to paragraph (1) of Rule 24 of Part I of the Fifth Schedule to the Principal Act (as amended by subsection (1) of this section), mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.

(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) Rule 19 of Part I of the Fifth Schedule to the Principal Act is hereby amended by the insertion after “the agents of the candidates”, of “companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors.”

Part III.

Presidential Elections.

Interpretation, construction and collective citation (Part III).

11.—(1) In this Part of this Act “the Principal Act” means the Presidential Elections Act, 1937.

(2) The Presidential Elections Acts, 1937 and 1946, and this Part of this Act shall be construed together as one Act and may be cited together as the Presidential Elections Acts, 1937 to 1960.

Voting by postal voters.

12.—Section 29 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (2) and (3):

“(2) Every local returning officer shall, as soon as practicable after he receives from the presidential returning officer notice of the adjournment of a presidential election for the purpose of taking a poll, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”

Voting by blind and incapacitated persons.

13.—(1) Rule 17 of the First Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (1):

“(1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, and he requests that his ballot paper shall be marked for him by a companion, then, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector (and paragraph (3) of this rule shall accordingly not apply) and shall place it so marked in the ballot box.

(b) For the purposes of subparagraph (a) of this paragraph—

(i) the presiding officer may, and, if requested by the agent of a candidate shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated—as the case may be) that I am unable to vote without assistance’

and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule:

(ii) the presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:

(I) Have you attained the age of sixteen years?

(II) Have you marked as a companion more than one ballot paper at this election?

(III) Are you a candidate at this election?

(IV) Are you an agent of a candidate at this election?

and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper;

(iii) the presiding officer may, and, if requested by the agent of a candidate, shall, administer to the companion before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this election and that I am not a candidate or an agent of a candidate thereat’ and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper.

(c) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and either—

(i) he does not request that his ballot paper shall be marked for him by a companion, or

(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or, (iii) of subparagraph (b) of this paragraph,

the presiding officer shall, in the presence of the agents of the candidate and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.

(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the form set out in clause (i) of subparagraph (b) of this paragraph, and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.

(e) If any elector satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.”

(2) (a) Where, pursuant to paragraph (1) of Rule 17 of the First Schedule to the Principal Act (as amended by subsection (1) of this section), a person has marked as a companion two ballot papers, he shall not, at the same presidential election, mark as a companion any other ballot paper.

(b) A person shall not, pursuant to paragraph (1) of Rule 17 of the First Schedule to the Principal Act (as amended by subsection (1) of this section), mark as a companion a ballot paper at a presidential election if he is a candidate or agent of a candidate at that election.

(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) Paragraph (2) of Rule 17 of the First Schedule to the Principal Act is hereby amended by the insertion after “under this rule” of “otherwise than by a companion”.

(4) Rule 12 of the First Schedule to the Principal Act is hereby amended by the insertion after “the personation agents of the candidates,” of “companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors,”.

Part IV.

Referenda.

Interpretation, construction and collective citation. (Part IV).

14.—(1) In this Part of this Act “the Principal Act” means the Referendum Act, 1942.

(2) The Referendum Acts, 1942 to 1959, and this Part of this Act shall be construed together as one Act and may be cited together as the Referendum Acts, 1942 to 1960.

Voting by postal voters.

15.—(1) Section 20 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (2) and (3):

“(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every person who is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”

(2) Rule 31 of the First Schedule to the Principal Act is hereby amended by the substitution of the word “receipts” for the words “declarations of identity” in paragraph (c) of the said rule.

Voting by blind and incapacitated persons.

16.—(1) Rule 18 of the First Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (1):

“24. (1) (a) If any voter satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, and he requests that his ballot paper shall be marked for him by a companion, then, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the voter (and paragraph (3) of this rule shall accordingly not apply) and shall place it so marked in the ballot box, and,

(b) For the purposes of subparagraph (a) of this paragraph—

(i) the presiding officer may, and, if requested by a personation agent shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated—as the case may be) that I am unable to vote without assistance’ and if the voter refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule;

(ii) the presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or two of them:

(I) Have you attained the age of sixteen years?

(II) Have you marked as a companion more than one ballot paper at this referendum?

(III) Are you a personation agent at this referendum?

and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper;

(iii) the presiding officer may, and, if requested by a personation agent, shall, administer to the companion before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this referendum and that I am not a personation agent thereat’ and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper;

(c) If any voter satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and either—

(i) he does not request that his ballot paper shall be marked for him by a companion, or

(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or (iii) of subparagraph (b) of this paragraph,

the presiding officer shall, in the presence of the personation agents (if any) and no other person, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter and shall place the ballot paper so marked in the ballot box.

(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by a personation agent, shall, administer to the voter before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the form set out in clause (i) of subparagraph (b) of this paragraph, and if the voter refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.

(e) If any voter satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the personation agents (if any) and no other person, cause the vote of the voter to be marked on a ballot paper in the manner directed by such voter and shall place the ballot paper so marked in the ballot box.”

(2) (a) Where, pursuant to paragraph (1) of Rule 18 of the First Schedule to the Principal Act (as amended by subsection (1) of this section) a person has marked as a companion two ballot papers, he shall not, at the same referendum, mark as a companion any other ballot paper.

(b) A person shall not, pursuant to paragraph (1) of Rule 18 of the First Schedule to the Principal Act (as amended by subsection (1) of this section), mark as a companion a ballot paper at a referendum if he is a personation agent at that referendum.

(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) Paragraph (2) of Rule 18 of the First Schedule to the Principal Act is hereby amended by the insertion after “under this rule” of “otherwise than by a companion”.

(4) Rule 13 of the First Schedule to the Principal Act is hereby amended by the insertion after “the personation agents (if any) appointed for his polling station,” of “companions of voters whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors”.

Part V.

Elections to Local Authorities.

Amendments relating to elections to local authorities.

17.—(1) Subsection (7) of section 41 of the Representation of the People Act, 1918, is hereby amended by the insertion of “the 15th day of April next following” before “the last day of the qualifying period.”

(2) Subsection (1) of section 3 of the Local Government Electors Registration Act, 1924 , is hereby amended by the substitution of “15th day of September” for “15th day of November.”

(3) Section 4 of the Local Government Electors Registration Act, 1924 , shall have effect as if—

(i) the reference to Part 11 of the Electoral Act, 1923 , were a reference to that Part inclusive of the section inserted by section 6 of this Act, and

(ii) paragraph (a) of subsection (1) were omitted.

(4) Subsection (1) of section 2 of the Local Government (Extension of Franchise) Act, 1935 , is hereby amended by the addition of the following sentence: “For the purposes of this subsection a person's age shall be taken to be that person's age on the 15th day of April next following the relevant qualifying date.”

(5) The Third Schedule to the Local Government Act, 1941 , is hereby amended by the insertion in the third column after “Parts I and II of the Fifth Schedule” of “(as amended by the Electoral Act, 1960) and also section 21 (as so amended) and the Fourth Schedule (as so amended)”.

(6) (a) Where, pursuant to paragraph (1) of Rule 24 of Part I of the Fifth Schedule to the Electoral Act, 1923 (as amended by subsection (1) of section 10 of this Act and as applied by section 39 of the Local Government Act, 1941 , and this section), a person has marked as a companion two ballot papers at an election, he shall not, at that election, mark as a companion any other ballot paper.

(b) A person shall not, pursuant to paragraph (1) of Rule 24 of Part I of the Fifth Schedule to the Electoral Act, 1923 (as amended by subsection (1) of section 10 of this Act and as applied by section 39 of the Local Government Act, 1941 , and this section), mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.

(c) A person who contravenes paragraph (a) or paragraph (b) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

SCHEDULE.

Enactments Repealed.

Section 3.