09/04/1938:

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Rules 23 and 24 of the First Schedule to the Seanad Electoral (Panel Members) Act, 1937 , and by section 7 of the said Act, hereby prescribes the forms set forth in the Schedule to this Order for the purposes specified in the said forms.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Ninth day of April, One Thousand Nine Hundred and Thirty-eight.

(Signed) SEAN T. O CEALLAIGH,

Minister for Local Government and Public Health.

SCHEDULE.

FORM OF CERTIFICATE OF THE RESULT OF THE POLL.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

IN pursuance of Rule 23 of the First Schedule to the above-mentioned Act, the Seanad Returning Officer hereby certifies in respect of the Seanad Election held on the days and at the times appointed in that behalf by an Order made by the Minister for Local Government and Public Health on the day of , 19 , under section 6 of the above-mentioned Act and entitled the that the names of the candidates duly elected from the several panels are set out hereunder.

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and that the total number of votes given for each candidate (whether elected or not), every transfer of values made under the said Act and the total value credited to each candidate at the end of the count at which such transfer took place are set out for each panel in the result sheet annexed to this certificate and signed by the Seanad Returning Officer.

Dated this day of 

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

Seanad Returning Officer.

RESULT SHEET.

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

Full total value of valid votes.......................................

Number of members to be elected................................

Quota............................................................ ......

SIGNED...................................................

Seanad Returning Officer.

Note.—The candidates should be divided into their respective panels by means of cross headings.

FORM OF STATEMENT FOR PUBLICATION OF RESULT OF ELECTION.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

In pursuance of Rule 24 of the First Schedule to the above-mentioned Act, the Seanad Returning Officer hereby certifies in respect of the Seanad Election held on the days and at the times appointed in that behalf by an Order made by the Minister for Local Government and Public Health on the day of , 19 , under section 6 of the above-mentioned Act and entitled the that the names of the candidates duly elected from the several panels are set out hereunder.

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Dated this day of 

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

Seanad Returning Officer.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE SEANAD ELECTORATE (VOTING BY COUNCILS) REGULATIONS, 1938.

ARRANGEMENT OF ARTICLES.

1. Citation.

2. Definitions.

3. Preliminary duties of presiding officer.

4. Nominations.

5. Withdrawal of candidate.

6. Procedure on completion of nominations.

7. The voters' roll.

8. Procedure at the election meeting.

9. Procedure after the election meeting.

10. Maintenance of secrecy.

SCHEDULE.

FORMS TO BE USED.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by section 37 of the Seanad Electoral (Panel Members) Act, 1937 , hereby makes the following regulations for the carrying into execution of the said section 37, that is to say :

Citation.

1. These regulations may be cited as the Seanad Electorate (Voting by Councils) Regulations, 1938.

Definitions.

2. In these regulations the following words and expressions shall Definitions, have the meanings assigned to them by this Article, that is to say :—

the expression " the Act " means the Seanad Electoral (Panel Members) Act, 1937 ;

the word " council " means the council of a county or county borough ;

the expression " former members " when used in relation to a dissolved council has the meaning assigned to the said expression by paragraph (a) of sub-section (3) of section 37 of the act ;

the expression " Council election " means an election in pursuance of section 37 of the act by a council or by the former members of a dissolved council of electors for a Seanad election ;

the expression " Seanad election " means the Seanad election for the purposes of which a Council election is to be held ;

the expression " the presiding officer " means in relation to a council election by the council or a county or by the former members of a dissolved council of a county the county secretary of such county, and, in relation to a council election by the council of a county borough or by the former members of a dissolved council of a county borough, the town clerk of such county borough ;

the expression " the chairman " means, in relation to a council election by the council of a county, the chairman of such council, and, in relation to a council election by the council of a county borough, the lord mayor or mayor of such county borough (as the case may be) ;

the expression " the election meeting " means the meeting of a council, or of the former members of a dissolved council, at which, in the case of a contested council election, candidates are elected ; the word " voter " means a member or former member of a council entitled to vote at the council election in relation to which the expression is used by virtue of section 37 of the act ;

the expression " the last day for receiving nominations " means the day fixed for that purpose by the presiding officer under these regulations.

Preliminary duties of presiding officer.

3. (1) The presiding officer for the purposes of any council election shall, in the order specified in this Article, comply with the following provisions, that is to say :—

(i) He shall fix a day, not being later than one month after the dissolution of Dáil Eireann which has occasioned the Seanad election, and an hour, and also, in the case of a council election by the former members of a dissolved council, a place for the holding of the election meeting if the council election shall be contested.

(ii) He shall fix a day, not being earlier than five clear days nor later than three clear days before the day so fixed for the holding of the election meeting, to be the last day for receiving nominations.

(iii) He shall leave or deliver by post at the usual place of abode of every voter a notice (in these regulations referred to as " the notice of election") in the form (Form A1 or A2) set forth in the schedule to these regulations.

(2) The presiding officer for the purposes of a council election by a council which is not dissolved shall consult with the chairman before fixing in pursuance of this Article the day and hour for the election meeting.

Nominations.

4. (1) Every nomination shall be made by means of a nomination paper in the form (Form B) set forth in the schedule to these regulations, duly completed and signed by two voters.

(2) Every nomination paper shall, before one o'clock in the afternoon of the last day for receiving nominations be delivered to the presiding officer in person or be sent by post to and received by the presiding officer at the place specified in the notice of election.

(3) The presiding officer shall provide a supply of nomination papers and shall furnish a nomination paper to every voter who shall make application therefor.

(4) The presiding officer shall attend at the place specified in the notice of election during the period from eleven o'clock in the forenoon to one o'clock in the afternoon of the last day for receiving nominations, for the purpose of receiving nominations and accepting or rejecting nominations received by him.

(5) Subject to the provisions of the next following article the presiding officer shall accept every nomination which complies with all the provisions of section 37 of the act and with all the provisions of this Article, but any nomination which contravenes any such provision shall be invalid and shall be rejected.

Withdrawal by candidate.

5. (1) A candidate for election as an elector may withdraw from his candidature by personally delivering or causing to be delivered by one of the persons by whom he was nominated, to the presiding officer not later than one o'clock on the day fixed by the presiding officer as the last day for receiving nominations, a notice in writing of such withdrawal, signed by him.

(2) The nomination paper of any candidate for election as an elector who has duly withdrawn his candidature as aforesaid shall not be accepted by the presiding officer.

Procedure on completion of nomination.

6. (1) If at one o'clock in the afternoon of the last day for receiving nominations the number of candidates for whom nominations have been accepted does not exceed seven the following provisions shall have effect, that is to say :—

(a) The election meeting shall not be held.

(b) The presiding officer shall send to the Seanad returning officer a return showing the names, addresses, and description of the candidates whose nominations were so accepted, which return shall be in the form (Form C) set forth in the schedule to these regulations and shall be accompanied by the declaration appended to the said form duly completed and signed by the presiding officer.

(c) The presiding officer shall leave or deliver by post at the usual place of abode of every voter a notice in the form (Form D) set forth in the schedule to these regulations.

(2) If at one o'clock in the afternoon of the last day for receiving nominations the number of candidates for whom nominations have been accepted exceeds seven the election meeting shall be held on the day and at the hour fixed by the presiding officer under these regulations.

(3) Where the Council election is by the former members of a dissolved council, the election meeting shall be held at the place fixed by the presiding officer under these regulations.

The voters' roll.

7. Before the election meeting is held the presiding officer shall prepare and sign a list of the voters (in these regulations referred to as " the voters' roll ") which shall be produced at the election meeting, and shall number such list consecutively.

Procedure at the election meeting.

8. At an election meeting the following provisions shall apply, that is to say :—

(1) Every voter present at the meeting shall have one transferable vote.

(2) The presiding officer shall deliver to every voter present at the meeting a ballot paper containing a list of the candidates whose nominations have been accepted described as in their respective nomination papers and arranged alphabetically in the order of their surnames and (if there are two or more such candidates with the same surname) in the order of their other name or names.

(3) The ballot paper shall be in the same form as is prescribed for the ballot paper used in the election of members of a council save that the words " Election to Seanad Electorate " and the name of the appropriate county or county borough shall be substituted for the words on the back of the said prescribed form.

(4) The ballot paper shall have a number printed on its back and, immediately before it is issued to the voter, shall be detached from a counterfoil with the same number printed on the face.

(5) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer obtain another ballot paper in the place of the ballot paper so delivered up (in these regulations called " a spoilt ballot paper ") and the spoilt ballot paper shall be immediately cancelled.

(6) Immediately before delivery to the voter the ballot paper shall be marked on both sides with the official mark, either stamped or perforated, and the number of the voter on the voters' roll shall be written on the counterfoil.

(7) The presiding officer shall provide an envelope (in this Article referred to as " the envelope") for the reception of the ballot papers and shall at the commencement of the meeting, show the envelope empty to such voters as may be present so that they may see that it is empty and shall then place it in view of the meeting for the receipt of the ballot papers.

(8) The voter on receiving the ballot paper shall sign the voters' roll and shall forthwith record his vote secretly on the ballot paper, fold up the ballot paper so as to conceal such vote, show the official mark on the back to the presiding officer, and put the ballot paper so folded up into the envelope in the presence of the presiding officer.

(9) A voter in recording his vote—

(a) must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes, and

(b) may in addition place on his ballot paper the figure 2, or the figures 2 and 3, or 2, 3, and 4, and so on opposite the name of other candidates in the order of his preference.

(10) A copy of the next preceding paragraph shall be exhibited in a prominent position at the meeting.

(11) The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in the manner provided by these regulations, shall assist such voter in the manner in which the presiding officer at a local government election assists such a voter in pursuance of Article 39 and the sixth Schedule of the Local Elections Order, 1928, and for that purpose the said Article and Schedule shall apply with the necessary modifications.

(12) At the conclusion of the election meeting or at the expiration of two hours after the commencement of the election meeting (whichever is the earlier) the presiding officer shall close and seal the envelope with the ballot papers therein in the presence of the voters then present at the meeting, and the envelope shall not be opened after being so closed and sealed before being sent to the Seanad returning officer.

(13) As soon as the voting has closed the presiding officer shall make up into separate packets sealed with his seal, and retain for a period six months—

(a) The voters' roll,

(b) The counterfoils of used ballot papers,

(c) The unused and spoilt ballot papers placed together,

(d) The list of votes (if any) marked by the presiding officer under Article 39 of the Local Elections Order, 1928, as applied by this Article.

(14) Where the Council election is by the former members of a dissolved council—

(a) if one of such former members was the chairman, lord mayor or mayor (as the case may be) at the time of the dissolution of the council such former member shall act as chairman at the election meeting,

(b) in any other case the former members of the council present at the election meeting shall elect one of their number to be the chairman at the meeting,

(c) subject to the foregoing provisions and to any other necessary modification the rules of procedure applicable to a special meeting of such council before dissolution shall apply and have effect at the election meeting.

Procedure after the election meeting.

9. As soon as practicable after the voting at an election meeting is closed the presiding officer shall send to the Seanad returning officer—

(1) the envelope with the ballot papers therein closed and sealed in pursuance of the next preceding Article; and

(2) in a separate envelope a return showing—

(a) the number of ballot papers in his possession at the commencement of the election meeting;

(b) the number of unused ballot papers in his possession after the election meeting; and

(c) the number (if any) of ballot papers which were spoilt at the election meeting.

Maintenance of secrecy.

10. (1) The presiding officer and every person present at an election meeting shall maintain and aid in maintaining the secrecy of the voting at such meeting, and shall not, except for some purpose authorised by law, communicate any information as to the number of any voter on the voters' roll, or as to the official mark, and no person whatsoever shall at an election meeting, interfere with or attempt to interfere with a voter when completing his ballot paper or otherwise attempt to obtain information as to the candidate for whom any voter is about to express or has expressed a preference or as to the number on the back of the ballot paper delivered to any voter.

(2) A copy of the next preceding sub-article shall be exhibited in a prominent position at every election meeting.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Fourth day of June One Thousand Nine Hundred and Thirty-eight.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

SCHEDULE.

Forms to be used.

FORM A.1.

(Notice of the election of electors to the Seanad electorate by a Council).

SEANAD ELECTION.

To ............................................................ ............................................................ .......... of ............................................................ .................. being a member of the Council of the ............... of .................. This is to inform you that pursuant to Section 37 of the Seanad Electoral (Panel Members) Act, 1937 , an election by the above-named Council of seven persons to the electorate for the Seanad election will take place forthwith and that you are entitled to vote at the election and to be a candidate if duly nominated. Your attention is called to the following directions :—

1. Only members of the Council may be candidates.

2. Any two members of the Council may nominate a candidate.

3. A nomination can only be accepted in writing on a nomination paper in the prescribed form.

4. Nomination papers can be obtained by members of the Council on application to me.

5. Nomination papers must be duly completed and delivered or sent by post to me at

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6. The last day for receiving nominations is the day of , 1938.

7. On that day I will attend at the place mentioned above from eleven o'clock in the forenoon to one o'clock in the afternoon for the purpose of receiving nominations and accepting or rejecting nominations received by me.

8. Any nomination paper which is not duly completed or which is not actually received by me before one o'clock in the afternoon of the last day for receiving nominations will be rejected.

The voting at the election will take place at a meeting of the Council to be held at ...... o'clock in the ........................ noon of the .................. day of ........................ 1938, which meeting you are hereby summoned to attend.

If the number of candidates for whom nominations are accepted does not exceed seven the election will not be contested, no voting will be necessary and the election meeting will not be held. In such case a further notice will be given you cancelling the summons to the election meeting.

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

County Secretary

or

Town Clerk.

FORM A.2.

(Notice of the election of electors to The Seanad Electorate by the former members of a dissolved council).

SEANAD ELECTION.

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

of............................................................ ............................................................ ...........

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

being a former member of the Council of the ................................ of .................................

This is to inform you that pursuant to Section 37 of the Seanad Electoral (Panel Members) Act, 1937 , an election by the former members of the above-named Council of seven persons to the electorate for the Seanad Election will take place forthwith and that you are entitled to vote at the election and to be a candidate if duly nominated.

Your attention is called to the following directions:—

1. Only persons who were members of the Council immediately before it was dissolved and have not, since such dissolution, suffered an adjudication in bankruptcy or a conviction of a crime or offence which would have terminated their membership of the Council if it had not been so dissolved are entitled to be treated as former members of the Council and, as such, to take part in the election.

2. Only former members of the Council may be candidates.

3. Any two former members of the Council may nominate a candidate.

4. A nomination can only be accepted in writing on a nomination paper in the prescribed form.

5. Nomination papers can be obtained by former members of the Council on application to me.

6. Nomination papers must be duly completed and delivered or sent by post to me at

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7. The last day for receiving nominations is the ......... day of ..........................., 1938.

8. On that day I will attend at the place mentioned above from eleven o'clock in the forenoon to one o'clock in the afternoon for the purpose of receiving nominations and determining the validity of nominations received by me.

9. Any nomination paper which is not duly completed or which is not actually received by me before one o'clock in the afternoon of the last day for receiving nominations will be rejected.

The voting at the election will take place at a meeting of the former members of the Council to be held at ...... o'clock in the .................. noon of the ............... day of ....................., 1938, at ............... which meeting you are hereby summoned to attend.

If the number of candidates for whom nominations are accepted does not exceed seven the election will not be contested, no voting will be necessary and the election meeting will not be held. In such case a further notice will be given you cancelling the summons to the election meeting.

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

County Secretary

or

Town Clerk.

FORM B.

(Nomination Paper).

SEANAD ELECTION.

Council of the.................................

Election of electors to the Seanad Electorate.

We, the undersigned, being two (former) members of the above named Council (that is to say persons who were members of the said Council immediately before it was dissolved who have not since such dissolution suffered an adjudication in bankruptcy or a conviction of a crime or offence which would have terminated our membership of the said Council if the said Council had not been dissolved) do hereby nominate the undermentioned person being also a (former) member of the said Council (as so defined) as a candidate for the above-mentioned election.

Signature ..........................................

Place of abode ....................................

Signature ..........................................

Place of abode ....................................

FORM C.

(Return of uncontested election).

SEANAD ELECTION.

Council of the county (or county borough) of ........................... Election of electors to the Seanad Electorate.

I certify that the candidates whose names are set forth above were duly nominated at the above-mentioned election, that no other candidates were duly nominated at the said election, and that the names, places of abode and descriptions of the said candidates set forth above are the names, places of abode, and descriptions by which the said candidates were so nominated.

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

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

County Secretary

or

Town Clerk.

FORM D.

(Notice of Uncontested Election).

SEANAD ELECTION.

Council of the county (or county borough) of ............................................................ .....

Election of electors to the Seanad Electorate.

This is to inform you that the above-mentioned election by the (former members of the) Council of the ................................. of ................................. has not been contested and that therefore the election meeting to which you were summoned by notice dated the day of , 1938, will not now take place.

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

County Secretary

or

Town Clerk.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by section 37 of the Seanad Electoral (Panel Members) Act, 1937 , hereby makes in relation to the second and every subsequent Seanad election the following regulations for the carrying into execution of the said section 37 that is to say :—

1. These Regulations may be cited as the Seanad Electorate (Counting of Votes) Regulations, 1938, and shall be read as one with the Seanad Electorate (Voting by Councils) Regulations, 1938.

2. Notwithstanding anything contained in the Seanad Electorate (Councils) No. 2 Regulations, 1938, the said regulations shall extend and apply to the second and every subsequent Seanad election held in pursuance of section 37 of the Act in like manner as the said regulations applied to the first Seanad election held in pursuance of the said section, subject to the modification that in article 1 of the Schedule to the said regulations the words " Article 9 of the Seanad Electorate (Voting by Councils) Regulations, 1938 ", shall be substituted for the words " Article 8 of the first regulations ".

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Twenty-fourth day of June, One Thousand Nine Hundred and Thirty-eight.

(Signed) SEÁN T. O CEALLAIGH.

Minister for Local Government and Public Health.