S.I. No. 18/1938 -- Seanad Electoral (University Members) (Prescribed Matters) Regulations, 1938.

S.I. No. 18/1938 -- Seanad Electoral (University Members) (Prescribed Matters) Regulations, 1938. 1938 18

No. 18/1938:

SEANAD ELECTORAL (UNIVERSITY MEMBERS) (PRESCRIBED MATTERS) REGULATIONS, 1938.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT, 1937 .

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Section 4 of the Seanad Electoral (University Members) Act, 1937 , hereby makes the following regulations, that is to say :—

1. These regulations may be cited as the Seanad Electoral (University Members) (Prescribed Matters) Regulations, 1938.

2. In these regulations the expression " the Act " means the Seanad Electoral (University Members) Act, 1937 .

3. Every form set forth in the Schedule to this Order shall be the prescribed form for the purpose for which such form is expressed in the said Schedule to be applicable and for the purpose of the portion of the Act set forth in the said Schedule at the head of such form.

4. The fee to be paid under paragraph (d) of Rule 15 of the First Schedule to the Act by an applicant for a copy of the whole or part of a revised register of electors shall be five shillings if the number of names in such copy does not exceed five thousand and ten shillings if the number of such names exceeds five thousand.

5. The fee to be paid under Rule 22 of the First Schedule to the Act by an applicant for a copy of any claim or notice of objection shall be sixpence.

Given under the Official Seal of the Minister for Local Government and Public Health, this second day of February, One Thousand Nine Hundred and Thirty-eight.

(Signed) SÉAN T. O CEALLAIGH,

Minister for Local Government and Public Health.

LIST OF FORMS IN SCHEDULE.

PART I.

Forms to be used in relation to registration.

RU 1. Form of electors list.

RU 2. Form of claim to be registered as a university elector.

RU 3. List of claims.

RU 4. Notice of objection.

RU 5. Claim for correction of entry in register of electors.

RU 6. Notice to Registration Officer of Appeal against his decision.

RU 7. Notice of Appeal to the Opposite Party.

PART II.

Forms to be used in relation to the conduct of elections:

EU 1. Form of nomination.

EU 2. Form of ballot paper.

EU 3. Form of declaration of identity.

EU 4. Form of outer envelope.

EU 5. Form of covering envelope.

EU 6. Form of ballot paper envelope.

EU 7. Form of undertaking to preserve the secrecy of the voting.

EU 8. Certificate of the result of the poll.

EU 9. Notice of candidates elected.

SCHEDULE.

PART I.

Forms to be used in relation to registration.

RULE 2, FIRST SCHEDULE.

Form RU 1.

FORM OF ELECTORS LIST.

The Electors Lists shall be in the following form.

List A.—The register for the time being in force.

List B.—A list of newly qualified electors, that is to say persons who appear to be qualified to be registered and whose names are not registered in List A, showing in respect of each such person, his name in full, ordinary address and degree (or scholarship).

List C.—A list of persons registered in List A who appear no longer to be entitled to be registered as electors ; showing in respect of each such person, his name in full and number on the register in force.

RULE 3, FIRST SCHEDULE.

Form RU 2.

FORM OF CLAIM TO BE REGISTERED AS A UNIVERSITY ELECTOR.

1. Name in full, surname first	................................................
2. Date of Birth	................................................
3. Are you a citizen of Ireland ?	................................................
4. Address at which you were normally resident on the 15th day of November last	................................................
................................................
5. State the address to which you desire the ballot paper should be sent	................................................County
................................................
6. State the degree (other than an honorary degree) with the date on which it was conferred, in respect of which the franchise is claimed (or in the case of the University of Dublin particulars including date of any foundation scholarship obtained) (In the case of women a non-foundation scholarship.)	................................................
	................................................County.
................................................

(Note.—Any change in address should always be notified to the Registration Officer of the University at once, otherwise the Ballot paper may be lost, and your name removed from the Register.)

I declare that the particulars given in this form of claim are true and accurate to the best of my knowledge and belief, and I hereby claim to be registered as a university elector for the constituency of......................................................

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

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

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

Any false declaration for the purposes of this claim will render the claimant liable to a penalty.

RULE 5, FIRST SCHEDULE.

Form RU 3.

LIST OF CLAIMS.

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

Name in full (surname first) and degree (or scholarship)	Ordinary Residence

RULE 6, FIRST SCHEDULE.

Form RU 4.

NOTICE OF OBJECTION.

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

To the Registration Officer

for the above Constituency.

I, the undersigned, being a registered elector in the......................constituency, hereby give you notice that I object to the name of............................................................ ............................................................ ..............................being placed (in the electors list)¹ (in the list of claims)¹ in respect of the above constituency.

The grounds of my objection are ²............................................................ ................................................

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

My name is entered on the register of electors as follows³............................................................ ........

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

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

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

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

¹ Strike out whichever is inapplicable.

² Here state the grounds on which objection is made.

³ Here state the particulars including the number (if any) as they appear in the register of electors.

Note.—Any person who is registered in the register of electors for a university constituency may object to the registration in such register of any person whose name appears in an electors list or a list of claims in respect of such constituency ; every such objection shall be made by sending a notice of objection in the prescribed form to the registration officer not later than the 26th day of March next after the publication of the electors list or the list of claims (as the case may be) to which such objection relates.

An objection shall not be entertained unless, within the time limited for sending the notice of objection a copy of the notice of objection sent to the registration officer is sent by prepaid registered post by the person making the objection to the person whose registration is objected to at his address as stated in the electors list or the list of claims as the case may be.

RULE 12, FIRST SCHEDULE.

Form RU 5.

CLAIM FOR CORRECTION OF ENTRY IN REGISTER OF ELECTORS.

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

To the Registration Officer for the above Constituency.

I hereby claim that the following entry of my name in the Register of Electors prepared by you :— * ............................................................ ............................................................ ...........................................

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

should be altered as follows :—

* Here insert extract from Register of Electors stating the number (if any).

† ............................................................ ............................................................ .............................................

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

† Here indicate the correction that should be made.

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

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

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

Note.—This form should be sent to the Registration Officer on or before the 26th day of February of the year to which the claim relates.

RULE 16, FIRST SCHEDULE.

FORM RU 6.

NOTICE TO REGISTRATION OFFICER OF APPEAL AGAINST HIS DECISION.

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

To the Registration Officer for the above Constituency.

I hereby give notice of appeal against your decision*............................................................ ............................................................ .................................

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

* Give particulars of decision, e.g., "refusing to enter my name on the Register of Electors," etc.

on the following grounds†............................................................ ........................................................

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

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

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

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

† Here insert grounds of appeal.

RULE 16, FIRST SCHEDULE.

FORM RU 7.

NOTICE OF APPEAL TO THE OPPOSITE PARTY.

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

To......................................

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

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

I hereby give you Notice of Appeal against the decision of the Registration Officer for the above university constituency*............................................................ ............................................................ ....

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

* Give particulars of decision, e.g., "allowing your claim to be entered on the Register as a university elector," etc.

on the following grounds :—

† ............................................................ ............................................................ .............................................

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

†Here insert grounds of appeal.

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

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

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

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

SCHEDULE.

PART II.

Forms to be used in relation to the conduct of elections.

SECTION 16.

FORM EU 1.

FORM OF NOMINATION.

We, the undersigned, A.B. of..........................................in the................................of................................and C.D. of............................................................ in the................................of...............................being registered electors of the constituency of............................do hereby nominate the following person to serve in Seanad Eireann as a member for the said constituency.

Surname	Other names	Abode	Rank, Profession or Occupation

(Signed) A.B. ................................................

C.D. ................................................

We, the undersigned, being registered electors for the constituency of............................................................ do hereby assent to the nomination of the above-mentioned....................................as a proper person to serve as a member for the said constituency.

(Signed) E.F. of ............................................................ ..........................................

G.H. of ............................................................ ..........................................

I.J. of ............................................................ ..........................................

K.L. of ............................................................ ..........................................

M.N. of ............................................................ ..........................................

O.P. of ............................................................ ..........................................

Q.R. of ............................................................ ..........................................

S.T. of ............................................................ ..........................................

SECTION 20 (2).

FORM EU 2.

FORM OF BALLOT PAPER.

Form of Front of Ballot Paper.

Counterfoil No. _____

Note: The counterfoil is to have a number to correspond with that on the back of the ballot paper

Marcáil ordú do roghna sna spáis seo síos.	Ainmneacha na n-Iarrthóiri
Mark order of preference in space below.	Names of Candidates
	DE BURCA, SÉAMUS (CUNTASÓIR) :
	Seamus de Búrca, ó 10 an tSráid Árd, Cuntasóir).
	BURKE, HENRY (TEACHER) :
	(Henry Burke of 14, Green Street, Teacher).
	LODER :
	(Wilfrid Loder of Townparks, Greenfield, Gentleman).
	NÍ LOINGSIGH, SIOBHÁN EIBHLÍN (MÚINTEÓIR) :
	(Siobhán Eibhlín Ní Loingsigh, ó 7 Sráid na Faiche, Múinteóir).
	LYNCH, THOMAS (DENTIST) :
	(Thomas Lynch, of Ardnalee, the Crescent, Hilltown, Dentist).
	MAC LIAM, TOMÁS (BÓTHAR DARTRAÍ) :
	(Tomás MacLiam, ó 22, Bóthar Dartrí Chemist).
	MADDEN :
	(John Madden, of Killeen, Solicitor).
	WILSON, THOMAS (ROCK ROAD) :
	(Thomas Wilson, of 144, Rock Road, Chemist).

Form of Back of Ballot Paper.

Election to Seanad Eireann.

No............ Constituency of...................................

FORM OF DECLARATION OF IDENTITY.

Ballot Paper No.............

Declaration of Identity.

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.

Witness's Signature .........................................

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

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

See instructions on the 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. In order to vote, the voter must place the figure 1 in the space on the left-hand side of the ballot paper opposite to the name of the candidate for whom he votes, that is to say, the candidate he likes best. He may also place the figure 2 in the space on the left-hand side of the ballot paper opposite to the name of the candidate he likes second best, and may place the figure 3 similarly opposite to the name of the candidate he likes third best, and so on. If the voter does not place the figure 1 on his ballot paper or places the figure 1 opposite to more than one name, or places the figure 1 and some other figure opposite to the same name or places any mark on the paper by which he may afterwards be identified his ballot paper will be void and will not be counted. The ballot paper must not be marked with a cross. 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 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.

RULE 4, SECOND SCHEDULE.

Form EU 4.

FORM OF OUTER ENVELOPE.

É I	R E.
SEANAD ELECTION (R)
If undelivered, return immediately to:
THE RETURNING OFFICER,
Address ...................................................
...................................................

RULE 4, SECOND SCHEDULE.

Form EU 5.

FORM OF COVERING ENVELOPE.

SEANAD ELECTION
Constituency of	No Stamp required if posted in Éire
............................................................ ..............................
To the RETURNING OFFICER,
Address ............................................................ ...............................................
............................................................ .........................................

RULE 4, SECOND SCHEDULE.

Form EU 6.

FORM OF BALLOT PAPER ENVELOPE.

SEANAD ELECTION.

BALLOT PAPER ENVELOPE.

No.......................................................

Ballot Paper only to be enclosed in this Envelope.

This envelope, together with the declaration of identity, must be placed in the envelope addressed to the Returning Officer

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

RULE 21, SECOND SCHEDULE.

Form EU 7.

FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE VOTING.

I solemnly undertake that I will not at this election for ............................................................ .....................

............................................................ do anything forbidden by Section 24 of the Seanad Electoral (University Members) Act, 1937 , which I have read.

Signed in the presence of

............................................................ .......................	Signed ......................................................
Returning Officer or Peace Commissioner for the County of	Address ...................................................
............................................................ ........................	Date ..........................................................

SECTION 24 of THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT, 1937 .

24.—(1) The returning officer and every one of his assistants concerned in the issue, receipt, or counting of ballot papers at an election in a university constituency and every candidate and agent 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 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 an election in a university constituency.

(3) No person shall directly or indirectly induce any elector at an election in a university constituency 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 any 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 to imprisonment for a term not exceeding six months.

RULE 22, SECOND SCHEDULE.

Form EU 8.

CERTIFICATE OF THE RESULT OF THE POLL.

Seanad Election held in pursuance of an Order of the Minister for Local Government and Public Health dated.............................. 19....

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

I, the undersigned, being the Returning Officer for the above university constituency hereby give notice that the result of the poll and of the transfer of votes is as follows :—

Number of valid votes....................

Number of candidates to be elected.....................

Quota (number of votes sufficient to secure the election of a candidate)........

Names of Candidates	First Count	Second Count		Third Count		............. Count	Names of Candidates elected
Votes	Transfer of	Result	Transfer of	Result	Transfer of	Result






Non- transferable papers not effective.
Non- transferable papers not effective.

Total

Dated this

day of

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

Returning Officer

RULE 23, SECOND SCHEDULE.

Form EU 9.

NOTICE OF CANDIDATES ELECTED.

Seanad Election held in pursuance of an Order of the Minister for Local Government and Public Health dated.......................................19....

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

I hereby give notice, pursuant to Rule 23 in the Second Schedule to the Seanad Electoral (University Members) Act, 1937 , that at the Seanad Election for the said Constituency of............................................. the following Candidates were elected in the order in which they are set out-below :—

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

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

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

Returning Officer.

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Irish Statutory Instruments

S.I. No. 18/1938 -- Seanad Electoral (University Members) (Prescribed Matters) Regulations, 1938.