No. 29/1928:

SEANAD ELECTORAL ACT, 1928

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Seanad returning officer and expenses.

3 Period for holding of Seanad elections.

4 Formation of panel of candidates.

5 Nominations to panel of candidates.

6 Preparation of panel of candidate.

7 Finality of panel of candidates.

8 Preparation of electoral roll.

9 Method of voting.

10 Method of marking votes on ballot papers.

11 Sending of ballot papers to electors.

12 Ascertainment of the result of a poll.

13 Preservation of the secrecy of the voting.

14 Election petitions in relation to Seanad elections.

15 Non-compliance with rules.

16 Free Postal Services.

17 Amendment of the Electoral Act, 1923.

18 Regulations.

19 Repeals.

20 Short title.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

AN ACT TO REGULATE THE CONDUCT OF ELECTIONS OF MEMBERS OF SEANAD EIREANN AND TO PRESCRIBE THE MANNER IN WHICH PANELS OF CANDIDATES FOR SUCH ELECTIONS SHALL BE FORMED.

[25th October, 1928.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Local Government and Public Health,

the expression "Seanad election" means an election of members of Seanad Eireann held in pursuance of Article 32 of the Constitution,

the word "prescribed" means prescribed by the Minister by regulations made under this Act.

2.—(1) For the purpose of every Seanad election there shall be a Seanad returning officer who shall be appointed for each such election by the Minister not later than the 13th day of November preceding such election.

(2) It shall be the duty of the Seanad returning officer to conduct the election in respect of which he is appointed, to count the votes cast thereat and to ascertain and declare the result thereof in accordance with this Act and to do such other matters and things in respect of such election as he is required by this Act to do.

(3) The Minister for Finance shall prepare a scale of maximum charges for Seanad returning officers and every Seanad returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges in respect of his services and expenses in relation to the election in respect of which he was appointed but not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

3.—(1) Every Seanad election shall be held during the period commencing on the 16th day of November preceding the expiration of the term of office of the members retiring at such election and ending on the day of such expiration.

(2) Within fourteen days before the 15th day of November preceding a Seanad election the Minister shall by order appoint—

( a ) the day (in this Act referred to as the day of issue of ballot papers) on which the ballot papers for that election are to be issued and posted to electors, and

( b ) the day and hour (in this Act referred to as the close of the poll) at which the poll at that election is to be closed.

(3) Every order made by the Minister under this sub-section shall be published in the Iris Oifigiúil as soon as may be after it is made.

4.—(1) Before every Seanad election a panel of candidates for such election shall be formed in accordance with this Act.

(2) For the purposes of Article 32A of the Constitution the day appointed by law for the completion of the formation of a panel of candidates for a Seanad election shall be the 13th day of November preceding such election or, when that day falls on a Sunday or is a bank holiday, the next day after such 13th day of November which is neither a Sunday nor a bank holiday.

5.—(1) On or before the 13th day of November preceding a Seanad election or, when that day falls on a Sunday or is a bank holiday, on or before the next day after such 13th day of November which is neither a Sunday nor a bank holiday as many qualified persons as there are members to be elected at such election shall be nominated by Dáil Eireann voting on principles of proportional representation for inclusion in the panel of candidates for such election.

(2) On or before the 13th day of November preceding a Seanad election or, when that day falls on a Sunday or is a bank holiday, on or before the next day after such 13th day of November which is neither a Sunday nor a bank holiday as many qualified persons as there are members to be elected at such election shall be nominated by Seanad Eireann voting on principles of proportional representation for inclusion in the panel of candidates for such election.

(3) The method of proposal and selection of persons for nomination under this section by Dáil Eireann and Seanad Eireann respectively for inclusion in a panel of candidates for a Seanad election shall be decided by Dáil Eireann and Seanad Eireann respectively.

6.— (1) Not later than the 16th day of November preceding a Seanad election the Clerk of the Dáil and the Clerk of the Seanad shall each deliver to the Seanad returning officer a statement of the names, addresses, descriptions, and qualifications of the persons nominated by Dáil Eireann and Seanad Eireann respectively for inclusion in the panel of candidates for such election.

(2) As soon as he has received the said statements the Seanad returning officer shall prepare therefrom the panel of candidates for such election and shall publish the same in the Iris Oifigiúil and shall send a copy thereof by registered post to every member of Dáil Eireann and every member of Seanad Eireann.

(3) When preparing a panel of candidates under this section the Seanad returning officer shall include in such panel the names of all persons who are named in the said statements sent to him under this section notwithstanding that any of such persons have died or are not qualified for or are or have become disqualified for membership of Seanad Eireann.

(4) A panel of candidates prepared by a Seanad returning officer under this section shall show in respect of every candidate his name, address, description, and qualifications as stated in the relevant statement furnished to the Seanad returning officer under this section but where any such statement of qualifications exceeds forty words in length the excess over such forty words shall not be inserted in the panel.

(5) Where the day which under this section is the last day for the doing of any thing falls on a Sunday or is a bank holiday such thing may be done on the next following day which is neither a Sunday nor a bank holiday.

(6) In this section the word "qualifications" means qualifications for membership of Seanad Eireann under Article 30 of the Constitution.

7.—(1) A panel of candidates for a Seanad election prepared under this Act by the Seanad returning officer shall be conclusive as to the persons who are candidates at such election notwithstanding that any of such persons are dead or are not qualified for or are or have become disqualified for membership of Seanad Eireann and notwithstanding any informality or irregularity in their nomination.

(2) In the counting of the votes cast at a Seanad election all the preferences recorded for a candidate of whose death (whether before or after the formation of the panel of candidates) the Seanad returning officer receives notice before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(3) The following candidates at a Seanad election if elected at such election shall be returned as having been so elected and shall (without prejudice to the power of a court of competent jurisdiction to declare their election void) be deemed to have been duly so elected and to vacate their seats immediately after the commencement of their term of office, that is to say:—

( a ) every elected candidate who dies before the commencement of his term of office whether he so dies before, during, or after the election,

( b ) every elected candidate who at the close of the poll is not qualified to be a member of Seanad Eireann whether he does or does not become so qualified before the commencement of his term of office,

( c ) every elected candidate who is at the commencement of his term of office disqualified for being a member of Seanad Eireann whether he became so disqualified before, during, or after the election.

8.—(1) Not less than three days before the day appointed for the issue of ballot papers at a Seanad election the Clerk of the Dáil shall furnish to the Seanad returning officer a statement of the names and addresses of the members of Dáil Eireann and the Clerk of the Seanad shall furnish to the Seanad returning officer a statement of the names and addresses of the members of Seanad Eireann.

(2) The addresses of members of Dáil Eireann and of members of Seanad Eireann to be given in the said statements shall be their ordinary addresses save that if any such member gives to the Clerk of the Dáil or the Clerk of the Seanad (as the case may require) a special address for the purpose of such statement such special address shall be given in such statement in lieu of the ordinary address of such member.

(3) Upon receipt of the said statements of the names and addresses of the members of Dáil Eireann and Seanad Eireann, the Seanad returning officer shall prepare an electoral roll and shall set out thereon in alphabetical order of surnames and in cases of identity of surnames in alphabetical order of other names all the names and addresses contained in the said statements and shall number the said names consecutively on the said electoral roll.

(4) Every electoral roll prepared under this section shall be kept open to inspection without charge in the office of the Seanad returning officer by any member of Dáil Eireann or of Seanad Eireann until the close of the poll at the election to which the roll relates.

(5) Every electoral roll prepared under this section shall be final and conclusive and not open to review by any Court and the persons whose names are set out in an electoral roll and no other persons shall be entitled to vote at the election to which the roll relates.

9.—(1) The voting at a Seanad election shall be on the principle of proportional representation and each elector shall have one transferable vote which shall be given by ballot.

(2) At a Seanad Election the ballot of each voter shall consist of a paper (in this Act called a ballot paper) containing a list of the candidates described by their names, addresses, and descriptions as stated in the panel of candidates for that election and arranged alphabetically in the order of their surnames and, in the case of identity of surnames, of their other names and either in one continuous column or in such other manner (without departing from the said alphabetical order) as in the opinion of the Minister is best calculated to facilitate marking and counting.

(3) The ballot papers shall be in the prescribed form and each ballot paper shall have a number printed on the back and shall have attached a counterfoil with the same number printed on the face and every (ballot paper shall at the time of issue thereof be marked on both sides with an official mark either stamped or perforated.

(4) The surname of each candidate shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters save that whenever the surnames of two or more candidates are the same there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or of both the address and the description of each such candidate as will, in the opinion of the Seanad returning officer, effectively distinguish such candidate.

10.—(1) An elector in giving his vote must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his ballot paper the figures 2 and 3, or 2, 3, and 4 and so on opposite the names of other candidates in the order of his preference.

(2) Any ballot paper—

( a ) which does not bear the official mark, or

( b ) on which the figure 1 standing alone indicating a first preference for some 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 ) on which anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted.

11.—(1) On the day appointed for the issue of ballot papers at a Seanad election the Seanad returning officer shall send by registered post to each person whose name is on the electoral roll for that election at the address stated on such roll a ballot paper together with a form of declaration of identity.

(2) Whenever a person to whom a ballot paper for a Seanad election should be sent under the foregoing sub-section states in writing to the Seanad returning officer that more than twenty four hours have elapsed since such ballot paper should have been delivered to him in the ordinary course of post and that he has not received such ballot paper and that he desires a duplicate ballot paper and declaration of identity to be issued to him, the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at the address mentioned in the foregoing sub-section a ballot paper and form of declaration of identity which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(3) Every declaration of identity shall be in the prescribed form and shall be exempt from stamp duty and shall be a statutory declaration under the Statutory Declarations Act, 1835, and if made in Saorstát Eireann shall be made before a peace commissioner, commissioner for oaths, or notary public to whom he is personally known, and if made outside Saorstát Eireann shall be made before a person to whom he is personally known and who is authorised by the law of the place in which it is made to administer oaths.

(4) Every person entitled to vote at a Seanad election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking and returning by registered or ordinary post to the Seanad returning officer a ballot paper sent to him under this section together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(5) Whenever a person entitled to vote at a Seanad election states in writing to the Seanad returning officer that he duly returned by registered post to the Seanad returning officer a ballot paper and form of declaration of identity sent to him under this section and that the same do not appear to have been delivered to the Seanad returning officer and that he desires a duplicate ballot paper and declaration of identity to be issued to him the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at the address mentioned in the first sub-section of this section a ballot paper and form of declaration of identity which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(6) The Seanad returning officer in sending out, receiving, and otherwise dealing with the ballot papers at a Seanad election shall observe the rules contained in the First Schedule to this Act.

12.—(1) As soon as conveniently may be after the close of the poll the Seanad returning officer shall, in the presence of such candidates as may be in attendance, ascertain the result of the election in accordance with this Act and in particular the Rules contained in the First and Second Schedules to this Act and shall declare to be elected the candidates who are so ascertained to be elected and shall return their names to the Clerk of the Dáil and to the Clerk of the Seanad.

(2) The decision of the Seanad returning officer as to any question arising on the ballot papers, the declarations of identity, or the envelopes containing the same or any other matter arising on the issue, receipt, or counting of the votes shall be final subject to reversal by a Court trying an election petition in relation to the election.

13.—(1) The Seanad returning officer and every officer and clerk concerned in the issue, receipt, or counting of ballot papers at a Seanad election and every candidate present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not before the completion of the election communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of the ballot paper sent to any elector.

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of his ballot paper by any elector at a Seanad election.

(3) No person shall directly or indirectly induce any elector at a Seanad election 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 name of the candidate for whom he has marked his vote on such ballot paper.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment, with or without hard labour, for any term not exceeding six months.

14.—(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Eireann shall apply to Seanad elections with the following modifications, that is to say:—

( a ) the court trying an election petition in relation to a Seanad election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require,

( b ) where the said court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected,

( c ) the said court shall have power to determine and declare the order in which the candidates elected at the election (whether returned as so elected or determined by the court to have been so elected) were elected,

( d ) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election,

( e ) references to the House of Commons shall be construed as references to Seanad Eireann and references to the Speaker of the House of Commons shall be construed as references to the Cathaoirleach of Seanad Eireann.

(2) No person who has voted at a Seanad election shall in any legal proceedings to question the election or return of any candidate at such election be required to state for whom he has voted.

15.—No election of a candidate at a Seanad election shall be declared void by reason only of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms prescribed under this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election.

16.—All postal services (including all registration services) wholly within Saorstát Eireann in relation to the issue and return of ballot papers at a Seanad election shall be performed by the Minister for Posts and Telegraphs without prepayment of the charges therefor and all such charges shall be deemed to be part of the Seanad returning officer's expenses and shall be defrayed accordingly.

17.—(1) So much of section 11 of the Electoral Act, 1923 (No. 12 of 1923), and the First Schedule to that Act as enacts that the annual register to be compiled under that section and schedule shall contain the names of those entitled to vote as or to be registered as Seanad electors shall cease to have effect.

(2) Sub-section (1) of section 57 of the Electoral Act, 1923 , shall be construed and have effect as if the words "the age of thirty years or upwards" were inserted therein in lieu of the words and figures "the age of 35 years or upwards" now contained therein.

(3) In the Electoral Act, 1923 , the word "election" and cognate words when used without qualification shall not (save in Part VII (which relates to membership of Seanad Eireann) of the said Act) include or be construed as referring to a Seanad election.

18.—(1) The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within twenty one days on which such House has sat after such regulation is laid before it, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done, thereunder.

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

20.—This Act may be cited as the Seanad Electoral Act, 1928 .

FIRST SCHEDULE

CONDUCT OF ELECTION.

Issue of ballot papers

1. On the day of issue of ballot papers at a Seanad election the Seanad returning officer shall issue in the manner directed in the following rules a ballot paper to every elector named on the electoral roll for that election.

Attendance of candidates

2. Every candidate at a Seanad election shall be entitled to attend at the issue of ballot papers for that election and the Seanad returning officer shall on the request of any such candidate inform such candidate of the time and place at which such issue of ballot papers will be made.

Persons present at issue of ballot papers

3. No person shall be present at the issue of ballot papers save the Seanad returning officer and his assistants such of the candidates as choose to attend, and such other persons (if any) as the Seanad returning officer may permit to be so present.

Method of issuing ballot papers

4. The Seanad returning officer shall issue each ballot paper by doing or causing to be done the following things in the following order, that is to say:—

( a ) the number, name, and description as stated in the electoral roll of the elector to whom the ballot paper is to be issued shall be called out,

( b ) the elector's said number shall be marked on the counterfoil of the ballot paper,

( c ) a mark shall be placed on the electoral roll opposite the elector's number thereon to denote that a ballot paper has been issued to such elector but without disclosing the identity of such ballot paper,

( d ) the ballot paper shall be marked on both sides with the official mark,

( e ) the number on the back of the ballot paper shall be marked upon a form of declaration of identity and upon a ballot paper envelope,

( f ) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the electoral roll the following documents, that is to say:—

(i) the said ballot paper, and

(ii) the said form of declaration of identity, and

(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the Seanad returning officer, and

(iv) a smaller envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form marked as hereinbefore directed with the number on the back of the said ballot paper.

( g ) the outer envelope shall be effectually closed,

( h ) when the foregoing provisions of this rule have been complied with in respect of all the ballot papers to be issued, all the said closed outer envelopes shall be collected, counted, and posted.

Issue of duplicate ballot paper

5. Every request for the issue of a duplicate ballot paper shall, when received by the Seanad returning officer, be endorsed by him with the day and hour of the receipt thereof by him and with a consecutive number, and every duplicate ballot paper issued in pursuance of any such request shall be issued in accordance with the provisions of the foregoing rule so far as the same are applicable save that, in lieu of the number on the electoral roll, there shall be marked on the counterfoil of such ballot paper the consecutive number endorsed on the request in pursuance of which such ballot paper is issued and that when such ballot paper has been issued the said request shall be disposed of in like manner as the marked copy of the electoral roll is required by those rules to be disposed of.

Posting of ballot papers

6. The Seanad returning officer shall post the said closed outer envelopes by delivering such envelopes to the nearest head post office, or such other office as may be arranged with the head post master, and the postmaster at such office shall stamp with the post office date stamp a form of receipt to be presented by the Seanad returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by registered post for delivery to the persons to whom they are addressed.

Preservation of electoral roll and counterfoils

7. The Seanad returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the candidates in attendance shall make up in separate packets, sealed with his own seal and sealed by such of the candidates as desire to affix their seals, the marked copy of the electoral roll and the counterfoils of the ballot papers.

Seanad ballot box

8. The Seanad returning officer shall provide a ballot box marked "Seanad ballot box" for the reception of the covering envelopes when returned by the voters, and on the completion of the issue of the ballot papers the Seanad returning officer shall show such ballot box open and empty to the candidates (if any) present, and shall seal such ballot box with his seal and shall make provision for the safe custody of such ballot box.

Disposal of covering envelopes on receipt

9. The Seanad returning officer shall forthwith place unopened in the Seanad ballot box every covering envelope received by him before the close of the poll and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll and shall also seal tip unopened in a separate package all outer envelopes returned to him as undelivered.

Notice of counting of votes

10. Not less than three days before the close of the poll the Seanad returning officer shall send by post to every candidate at his address as stated in the panel of candidates notice in writing of the time and place at which he will open the Seanad ballot box and count the votes.

Opening of Seanad ballot box

11. As soon as conveniently may be after the close of the poll the Seanad returning officer shall open the Seanad ballot box and count the votes.

Persons present at counting of votes

12. No person shall be present at the opening of the Seanad ballot box or the counting of the votes save the Seanad returning officer and his assistants, such of the candidates as choose to attend, and such other persons (if any) as the Seanad returning officer may permit to be so present.

Procedure on opening of Seanad ballot box

13. When the Seanad ballot box has been opened the Seanad returning officer shall do the following things, that is to say:—

( a ) take all the covering envelopes out of the Seanad ballot box and count and note the number thereof,

( b ) open each such covering envelope and segregate any of those envelopes containing a declaration of identity issued as a duplicate form of declaration of identity,

( c ) take up separately each of the said covering envelopes not so segregated, examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope,

( d ) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles,

( c ) if he is not satisfied that the declaration of identity has been duly completed and made he shall endorse the declaration of identity "vote rejected," and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper,

( f ) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on the ballot paper agrees with the number on the declaration of identity he shall place the ballot paper in the special receptacle provided by him for ballot papers,

( g ) where the number on the ballot paper does not agree with the number on the declaration of identity, he shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper (as the case may be) to the declaration of identity, and endorse the declaration of identity "vote rejected,"

( h ) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper in accordance with the foregoing provisions of this rule,

(i) he shall mark with the word "rejected" every declaration which is not accompanied by a ballot paper, and every ballot paper which is not accompanied by a declaration of identity,

( j ) when all the said covering envelopes not so segregated have been dealt with under the foregoing provisions of this rule, he shall take up separately each of the said covering envelopes segregated as containing a declaration of identity issued as a duplicate form of declaration of identity, examine the declaration of identity therein (hereinafter referred to as the duplicate declaration) and ascertain whether a declaration of identity in respect of the same person has or has not been previously examined under this rule,

( k ) if a declaration of identity in respect of the same person has been previously examined under this rule he shall mark the duplicate declaration "vote rejected" and shall attach thereto the ballot paper envelope without opening such envelope, or, if there is no such envelope, the ballot paper,

( l ) if a declaration of identity in respect of the same person has not been previously examined under this rule he shall deal with the duplicate declaration and the ballot paper envelope and ballot paper accompanying the same in accordance with the foregoing provisions of this rule other than the two last preceding paragraphs thereof.

Ballot papers and declarations not in proper envelopes

14. Where a ballot paper and a declaration of identity are received together and the numbers thereon agree, the ballot paper shall not be rejected solely on the ground that the ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.

Rejection of declarations of identity

15. The Seanad returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates present, and if an objection is made by any such candidate to his decision shall add to the endorsement the words "rejection objected to".

Separation of rejected declarations

16. The Seanad returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents.

Opening of ballot paper envelopes

17. When all the covering envelopes in the Seanad ballot box have been opened and their contents dealt with under the preceding rules, the Seanad returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper and, if the numbers agree, he shall place the ballot paper in the special receptacle provided by him for ballot papers but if the numbers do not agree he shall mark the ballot paper "rejected" and shall attach it to the envelope.

Preservation of declarations, ballot papers, etc

18. As soon as the Seanad returning officer has completed the placing of the ballot papers in the said special receptacle he shall seal up in separate packets (1) the declarations of identity which accompanied any ballot papers duly accepted; (2) any rejected declarations of identity; and (3) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto.

Counting of the votes

19. When the Seanad returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said special receptacle and shall then take the said ballot papers out of the said special receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Second Schedule to this Act, the votes recorded on the said ballot papers.

Rejection of invalid ballot papers

20. The Seanad returning officer shall endorse "rejected" on any ballot paper which he rejects as invalid and if an objection be made by any candidate to his decision rejecting the ballot paper he shall add to the said endorsement "rejection objected to".

Continuity of proceedings under this Schedule

21. The Seanad returning officer shall so far as practicable proceed continuously with the proceedings under this Schedule subsequent to the opening of the Seanad ballot box and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time or other reason appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting he shall take all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy

22. The Seanad returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting.

Certificate of result of the poll

23. As soon as the counting of the votes is completed the Seanad returning officer shall prepare in duplicate a certificate in the prescribed form setting out the names of the candidates elected, the order in which they were elected, the total number of votes given for each candidate (whether elected or not), every transfer of votes made under this Act and the total number of votes credited to each candidate at the end of the count at which each such transfer took place, and such other matters as shall be prescribed, and the Seanad returning officer shall then sign the said duplicate certificate and shall send one such duplicate to the Clerk of the Dáil and the other such duplicate to the Clerk of the Seanad.

Publication of result of election

24. The Seanad returning officer shall also prepare and publish in the Iris Oifigiúil a statement in the prescribed form of the names of the candidates elected and of the order in which they were elected.

Preservation of ballot papers

25. Upon the completion of the counting of the votes the Seanad returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.

Retention of documents by Seanad returning officer

26. The Seanad returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the electoral roll, the counterfoils of the ballot papers, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal shall have otherwise ordered.

Inspection of sealed packets

27. No person shall be allowed to inspect any of the said sealed packets retained by the Seanad returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal.

Authority for inspection of sealed packets

28. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require but on any such inspection care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid.

Compliance with orders of election tribunal

29. The Seanad returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets.

Conclusiveness of production by Seanad returning officer

30. Where an order is made by an election tribunal for the production by the Seanad returning officer of any document or packet of documents in his possession relating to a specified election, the production by the Seanad returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relates to the said specified election and the endorsement made by the Seanad returning officer in pursuance of this Schedule on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be.

Evidence of voting

31. The production by the Seanad returning officer of a ballot paper purporting to have been used at any election and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by such ballot paper was the person whose number on the electoral roll relating to such election was the same as the number so marked on such counterfoil.

Endorsement of packets by Seanad returning officer

32. Whenever the Seanad returning officer is required by this Schedule to seal up any documents in a separate packet he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.

33. In this Schedule the expression "election tribunal" means a court lawfully having cognisance of petitions complaining of undue return or undue election at a Seanad election.

SECOND SCHEDULE

THE COUNTING OF THE VOTES.

Rejection of invalid ballot papers

1. The Seanad returning officer shall reject any ballot papers that are invalid.

The order of preferences

2. 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 is 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 last-mentioned 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.

Arrangement of ballot papers in parcels

3. The Seanad returning officer shall then arrange the valid ballot papers in parcels, according to the first preferences recorded for each candidate.

Value of each ballot paper

4. For the purpose of facilitating the processes prescribed by these Rules, each valid ballot paper shall be deemed to be of the value of one thousand.

Crediting values of first preferences

5. The Seanad returning officer shall then count the number of ballot papers in each parcel, and in accordance with the preceding Rule credit each candidate with the value of the valid ballot papers on which a first preference has been recorded for such candidate.

Ascertainment of quota

6. 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 a candidate. This value is in this Schedule called the "quota."

Candidates with quota deemed elected

7. 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.

Transfer of surplus

8. If at the end of any count the value credited to a candidate (in this Rule referred to as the elected candidate) is greater than the quota, the surplus shall be transferred to the continuing candidate or candidates indicated on the voting 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:—

( 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 and shall arrange the transferable papers therein 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 party out of original and partly out of transferred votes or out 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-parcels 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 the foregoing paragraphs (a) and (b)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;

( d ) if the total value of the papers in all the sub-parcels of transferable papers is equal to or less than the said surplus 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 elected candidate, and (where the said total value is less than the said surplus) the non-transferable papers shall be set aside as not effective, at a value which is equal to the difference between the said surplus and the said total value;

( e ) if the total value of the papers in all the sub-parcels of transferable papers is greater than the said surplus 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;

( f ) a surplus which arises on the completion of any count shall be dealt with before a surplus which arises at a subsequent count;

( g ) 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.

( h ) if two or more candidates have an equal surplus arising out of the same count, the surplus of the candidate credited with the greatest value at the earliest count at which the values credited to those candidates were unequal shall be first dealt with, and 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 who is highest in the order of preferences.

Exclusion of candidates

9. 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 (in this Rule referred to as the excluded candidate) then credited with the lowest value and shall transfer his papers to the continuing candidates respectively 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 such continuing candidates with the value of the papers so transferred, and the following rules shall apply to the making of such transfer, that is to say:—

( 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;

( d ) 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;

( e ) if, when a candidate has to be excluded under this Rule, two or more candidates are each then 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 such total value shall be excluded, and where such total values are equal regard shall be had to the total value of votes credited to each of those candidates at the earliest count at which they had unequal values, and the candidate with the smallest such total value at that count shall be excluded, and if those candidates were each credited with the same total value of votes at all counts that one of those candidates who is lowest in the order of preferences shall be excluded.

Disposal of papers on transfer

10. On every transfer made under these 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 accordance with these Rules of the papers so transferred to him.

Filling the last vacancies

11. (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 transfer shall be made.

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

(3) 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.

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

Result sheet

12. At the end of every count the Seanad returning officer shall record on a result sheet in the prescribed form the total of the values credited to each candidate at the end of that count and also the value of the non-transferable papers not effective on that count and the loss of value on that count owing to disregard of fractions.

Order of election

13. (1) The candidates shall be deemed to have been elected in the order in which their surpluses were transferred.

(2) 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.

(3) Where two or more candidates are deemed to have been elected by reason of the number of continuing candidates being equal to the number of vacancies remaining unfilled, the order of election of such candidates shall be, ascertained as follows, that is to say:—

( a ) regard shall first be had to the values credited to such candidates respectively when they were so deemed to have been elected, the candidate then credited with the greatest value being deemed to have been first elected of such candidates, and so on.

( b ) if two or more such candidates were credited with equal values when they were so deemed to have been elected, regard shall be had to the total value of original votes credited to each of such equal candidates, the candidate with the largest such total value being deemed to have been first elected of such equal candidates, and so on;

( c ) if two or more of such equal candidates were so credited with the same total value of original votes, regard shall be had to the total value of votes credited to such last-mentioned candidates at the earliest count at which they were credited with unequal total values of votes, the candidate credited at such count with the greatest such total value being deemed to be first elected of such last-mentioned candidates, and so on;

( d ) if two or more of such last-mentioned candidates were credited with the same value of votes at all counts regard shall be had to the order of preferences, the candidate who is highest in the order of preferences being deemed to have been first elected of such last mentioned equal candidates, and so on.

Precautions for preservation of secrecy

14. While the votes are being counted the ballot papers shall so far as is practicable be kept face upwards and all proper precautions shall be taken by the Seanad returning officer for preventing the numbers on the backs of the ballot papers being seen.

Definition

15. 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 succession 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—

( a ) on which no second or subsequent preference is recorded for a continuing candidate, or

( b ) on which 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

( c ) on which the name of the candidate next in order of preference (whether continuing or not) is marked by a number not following consecutively after some other number on the voting paper or by two or more numbers, or

( d ) which is void for uncertainty;

(6) the expression "original vote" in regard to any candidate means a vote derived from a ballot paper on which 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 (as the context may require) either—

( 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

( c ) all the operations involved in the transfer of the votes of an excluded candidate;

(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 "determine by lot" means determine in accordance with the following directions, that is to say:—

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.

THIRD SCHEDULE

EXACTMENTS REPEALED.