S.I. No. 246/1963:

FORMS (DÁIL ELECTIONS, PRESIDENTIAL ELECTIONS AND REFERENDA) REGULATIONS, 1963.

FORMS (DÁIL ELECTIONS, PRESIDENTIAL ELECTIONS AND REFERENDA) REGULATIONS, 1963.

The Minister for Local Government in exercise of the powers conferred on him by sections 21 and 22 of the Electoral Act, 1923 , rule 3 (4) of the Fourth Schedule to the said Act, rules 28 and 43 of Part I of the Fifth Schedule to the said Act, rule 9 (3) (a) of the said Part of the said Schedule (inserted by section 21 of the Electoral Act, 1963 ), sections 4 and 29 of the Presidential Elections Act, 1937 (No. 32 of 1937) and rule 22 of the First Schedule to the said Act, sections 3 and 20 of the Referendum Act, 1942, (No. 8 of 1942) and rules 3, 23, 31 and 32 of the First Schedule to the said Act and sections 15 , 23 , 44 and 64 of the Electoral Act, 1963 (No. 19 of 1963) hereby orders as follows and makes the following Regulations:--

1. These Regulations may be cited as the Forms (Dáil Elections, Presidential Elections and Referenda) Regulations, 1963.

2. In these Regulations--

"the Act of 1923" means the Electoral Act, 1923 ;

"the Act of 1937" means the Presidential Elections Act, 1937 ;

"the Act of 1942" means the Referendum Act, 1942;

"the Act of 1963" means the Electoral Act, 1963 .

3. Each of the forms in the Schedule hereto shall be the prescribed form for the purpose for which such form is expressed to be applicable.

4. The forms D.E.I, D.E.2 and D.E.9 in the Schedule hereto are hereby specified as being respectively the form of notice of election, nomination paper and notice of result of election and of transfer of votes in substitution for the corresponding forms in Part III of the Fifth Schedule to the Act of 1923.

5. The following are hereby revoked--

The Presidential Elections (Forms) Regulations, 1938 (S.R. and O. 1938 No. 4);

The Electoral Order, 1946 (S.R. and O. 1946 No. 96);

The Referendum (Prescribed Forms) Regulations, 1959 ( S.I. No. 83 of 1959 );

The Electoral (Amendment) Order, 1961 ( S.I. No. 27 of 1961 );

The Polling Cards (Dáil Elections, Presidential Elections and Referenda) Regulations, 1961, ( S.I. No. 245 of 1961 ).

SCHEDULE

PART I

DÁIL ELECTIONS FORMS

NOTICE OF DÁIL ELECTION

CONSTITUENCY OF............................................................ .................................................

Pursuant to a writ issued to me by the Clerk of Dáil Éireann I am about to proceed to the election of............................ member(s) of the Dáil for this constituency.

Nomination papers may be obtained from the address below during the usual office hours.

A person may nominate himself as a candidate or may, with his consent, be nominated by a proposer who is registered as a Dáil elector in the constituency.

A deposit of £100 should accompany each nomination.

If a person wishes to be entered on ballot papers as representing a registered political party, a Certificate of Political Affiliation must be produced to me with his completed nomination paper.

The latest time for receiving nominations is 12 noon on the ...................day of .................... 19.....

Completed nomination papers may be delivered to me in person by the candidate or his proposer at any time when I am at my office, from the second day after the date of publication of this notice until 12 noon on the last day for receiving nominations. I will attend to receive nominations on the day before the last day for receiving nominations and on such last day as follows:

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

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

If the election is contested, a poll will be taken on the...................................... day of.........................................................

NOMINATION PAPER

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

(To be inserted by

returning officer).

1. I nominate the person named under as candidate for election to Dáil Éireann for the constituency of............................................................ ............................................................ .

2. I have read the notes on the back of this form and declare that I believe the person named as candidate to be eligible for election.

NOMINATION PAPER (Continued)

(Back of Form)

These notes are for guidance only and do not purport to be a definitive statement of the law.

1. A candidate may nominate himself or may, with his consent, be nominated by a proposer. A proposer must be registered as a Dáil elector in the constituency for which he proposes to nominate the candidate (Section 21 of 19 of 1963).

Deposit:

2. A nomination will be deemed to have been withdrawn if a deposit of £100 is not lodged with the returning officer before 12 noon on the last day for receiving nominations. The deposit should be in legal tender or, with the consent of the returning officer, by bank draft or otherwise. The deposit is returnable if the nomination paper is deemed invalid, or if the candidate is elected, or is withdrawn before 12 noon on the day after the last day for receiving nominations. If the candidate is not elected, it is also returnable unless the number of votes polled by him does not exceed one-third of the quota. It will be returned to the person making it and his name should be entered at 3 overleaf (Section 20 of 19 of 1963).

Certificate of Political Affiliation:

3. If a candidate represents a registered political party a completed Certificate of Political Affiliation must be lodged with the nomination paper and the name of the Party inserted in the appropriate column overleaf. If the candidate does not represent a registered political party the column may be left blank or the words "Non-Party" may be entered in it (Section 21 of 19 of 1963).

Delivery of Nomination Paper:

4. The completed nomination paper should be delivered personally to the returning officer by the candidate or by his proposer, if he has one, from the second day after the publication of the Notice of Election and before 12 noon on the last day for receiving nominations (Section 21 of 19 of 1963).

5. The returning officer will rule on the validity of the nomination within one hour of its delivery to him. He is required to object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. The candidate and his proposer, if any, and one other person selected by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling (Section 21 of 19 of 1963).

Qualifications, Disqualifications and Incapacities for Election to Dáil Éireann:

6. Citizens who have reached the age of 21 years and are not disqualified or incapacitated are eligible for election.

Persons disqualified or incapacitated are--

(1) Under the Constitution:

a person holding the office of--

(a) President (Art. 12.6.1°); (b) Senator (Art. 15.14); (c) Judge (Art. 35.3); (d) Comptroller and Auditor General (Art. 33.3).

(2) Under section 51 of the Electoral Act, 1923:

(a) a member of the Defence Forces or any police force in the State on full pay;

(b) a civil servant unless permitted by his terms of employment to be a member;

(c) a person undergoing imprisonment with hard labour for a period exceeding six months or penal servitude for any term imposed by a Court in the State;

(d) a person of unsound mind;

(e) an undischarged bankrupt under an adjudication by a Court in the State.

Persons holding certain offices may be required by Statute or the terms of their employment to vacate them if they become members of the Dáil.

Appointment of Election Agent:

7. On or before the last day for receiving nominations an election agent must be appointed for each candidate and his name and address notified to the returning officer. This notification could be given to the returning officer when the nomination paper is being handed in. A candidate may name himself as election agent (Section 29 of 38 of 1923).

Penalties:

8. THERE ARE SEVERE PENALTIES FOR--

(1) PRODUCING TO THE RETURNING OFFICER A FORGED NOMINATION PAPER OR CERTIFICATE OF POLITICAL AFFILIATION (Section 46 of 38 of 1923 and Section 21 of 19 of 1963);

(2) NOMINATING A CANDIDATE WITHOUT HIS CONSENT (Section 21 of 19 of 1963);

(3) MAKING A FALSE DECLARATION THAT A CANDIDATE IS ELIGIBLE FOR ELECTION (Section 15 of 19 of 1963).

DEIMHNIÚ COMHALTAIS PHOLAITÍOCHTA

CERTIFICATE OF POLITICAL AFFILIATION

SEE INSTRUCTIONS ON BACK OF THIS FORM

LÉIGH NA TREORACHA AR CHÚL NA FOIRME SEO

DEIMHNIÚ COMHALTAIS PHOLAITÍOCHTA (Ar leanúint)

CERTIFICATE OF POLITICAL AFFILIATION (Continued)

(Back of Form)

INSTRUCTIONS

The Irish or English version of the certificate may be used.

The name, address and occupation of the candidate in this certificate should be the same as they will be in the nomination paper.

The cause of the election, e.g., the dissolution of the Dáil on the . .....................................day

of........................................19.........., or to fill the vacancy caused by the .death of ........................ etc., should be inserted.

The certificate should be signed by the officer or officers of the Party whose name or names appear in the Register of Political Parties as being authorised to sign certificates authenticating the candidature of candidates of the Party.

TREORACHA

Fèadfar an leagan Gaeilge nó an leagan Bèarla d'ú

Is cear tainm, seoladh agus slí bheatha an iarrthóra sa deimhniú seo a bheith go díreach mar a bheidh siad ar an bpáipear ainmniúcháin.

Is ceart an chúis atá leis an toghchán a chur isteach, e.g., an Dáil a lánscor an .................................. lá de .........................................., 19................., nó chun an folúntas a líonadh a tharla toisc ................................. d'fháil bháis, etc.

Ní mór an deimhniú a bheith sínithe ag an oifigeach nó na hoifigigh don Pháirtí a bhfuil a ainm nó a n-ainmeacha i gClár na bPáirtithe Polaitíochta mar oifigeach nó oifigigh atá údaraithe chun deimhnithe a shíniú ag fíordheimhniú iarrthóireacht iarrthóirí don Pháirtí.

(Back of Card)

COIMEÁD AN CÁRTA SEO GO CÚRAMACH MAR THREOIR AN LÁ VÓTAÍOCHTA

Ní thugann an cárta seo údarás vótála d'éinne a bhfuil vótáil toirmiscthe air agus ní chruthaíonn sé céannacht an duine a mbeidh sé ar seilbh aige.

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY

SEE INSTRUCTIONS ON BACK OF THIS FORM

(Back of Form)

INSTRUCTIONS

Instructions for marking your vote are on the ballot paper. When you have voted:--

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer.

Close it.

3. Post it at once or your vote may be too late to be counted.

THE BALLOT PAPER MUST BE POSTED AND CANNOT BE HANDED TO THE RETURNING OFFICER.

ENVELOPES

whose number on the register of electors is............................................................ .....................

is prevented by his/her employment by me at an election for the above constituency from voting at the polling station allocated to him/her and I hereby authorise him/her to vote at . . . . . . . . . . . . . . . . . . . . . polling station.

Note:If the election is not contested, the following notice should be used.

PART II

PRESIDENTIAL ELECTION FORMS

POLLING CARD

(Back of Card)

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY

SEE INSTRUCTIONS ON BACK OF THIS FORM.

(Back of Form).

INSTRUCTIONS.

Instructions for marking your vote are on the ballot paper. When you have voted--

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer.

Close it.

3. Post it at once or your vote may be too late to be counted.

THE BALLOT PAPER MUST BE(POSTED)AND CANNOT BE HANDED TO THE RETURNING OFFICER.

BALLOT PAPER ACCOUNT.

PART III.

REFERENDA.

(Back of Card)

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY.

SEE INSTRUCTIONS ON BACK OF THIS FORM

(Back of Form)

INSTRUCTIONS.

Instructions for marking your vote are on the ballot paper. When you have voted--

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer.

Close it.

3. Post it at once or your vote may be too late to be counted.

THE BALLOT PAPER MUST BE POSTED AND CANNOT BE HANDED TO THE RETURNING OFFICER.

REFERENDUM ACT, 1942.

To the Referendum Returning Officer--

Report of Local Returning Officer on the votes cast in the constituency of..................................in connection with the referendum on the proposal contained in the Bill entitled--

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

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

3. A majority of the votes recorded at the referendum* ............................................................ .

recorded in favour of the proposal.

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

REFERENDUM ACT, 1942.

ORDINARY REFERENDUM.

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

1. The number of votes recorded at the referendum in each constituency in favour of the proposal, and against the proposal, contained in the Bill entitled--

are shown respectively, for each constituency, in the table hereunder:

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

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

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

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

5. The proposal*............................................. vetoed at the referendum.

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

GIVEN under the Official Seal of the Minister for Local Government

this ninth day of December 1963.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe new forms for the purposes of Dáil Elections, Presidential Elections and Referenda.