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23 1992

ELECTORAL ACT, 1992

PART XVII

The Poll

Times of poll.

96. —(1) A poll at a Dáil election—

(a) shall be taken on such day as shall be appointed by the Minister by order, being a day which (disregarding any excluded day) is not earlier than the seventeenth day or later than the twenty-fifth day next following the day on which the writ or writs for the election is or are issued,

(b) shall continue for such period, not being less than twelve hours, between the hours of 8 a.m. and 10.30 p.m. as may be fixed by the Minister by order, subject to the restriction that, in the case of a general election, he shall fix the same period for all constituencies.

(2) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Opening of the poll.

97. —Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

Admission to polling station.

98. —No person shall be admitted to a polling station other than—

(a) the returning officer and any representative of his,

(b) the presiding officer and poll clerk for the station,

(c) a candidate, his election agent and his deputy agent for the polling district concerned,

(d) the personation agents duly appointed in writing for the station by or on behalf of the candidates,

(e) Dáil electors admitted for the purpose of voting at the polling station,

(f) companions of Dáil electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance, while such companions are assisting such electors,

(g) members of the Garda Síochána on duty,

(h) messengers sent by or on behalf of the returning officer, and

(i) other persons authorised by the returning officer to be present in the station.

Voting by persons in the employment of returning officers.

99. —Where a Dáil elector for a constituency is employed by a returning officer for any purpose in connection with a Dáil election and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which that Dáil elector would otherwise be entitled to vote, the returning officer may authorise such Dáil elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.

Authorisation of physically ill or physically disabled elector to vote at another polling station.

100. —Where, not less than 7 days before polling day at a Dáil election, a Dáil elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote, the returning officer may, if he is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station situate in the same constituency, in writing authorise the elector to vote at such polling station as may be specified in the authorisation instead of the polling station at which the elector would otherwise be entitled to vote.

Procedure for voting.

101. —(1) Subject to the provisions of sections 38 , 64 , 79 , 99 , 100 , 103 , 104 , 105 and 111 , the presiding officer shall deliver a ballot paper to a Dáil elector who applies therefor and declares his name and address.

(2) Immediately before a ballot paper is delivered to a Dáil elector—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) the ballot paper shall be marked with the official mark,

(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.

(3) A Dáil elector on receiving the ballot paper shall (subject to the provisions of section 103 ) go alone into one of the compartments in the polling station and there shall secretly record his vote on the ballot paper and fold the paper so that his vote is concealed. He shall then return to the presiding officer's table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

Spoilt ballot papers.

102. —A voter who has inadvertently spoiled his ballot paper shall, on returning it to the presiding officer and satisfying him as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “spoilt” on the spoilt ballot paper and on the counterfoil thereof. He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with section 110 .

Voting by blind, incapacitated and illiterate electors.

103. —(1) Where a Dáil elector applying for a ballot paper satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance, this section shall apply.

(2) For the purposes of subsection (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the Dáil elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:

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

and if the Dáil elector refuses to take the oath or make the affirmation, this section shall not apply.

(3) Where this section applies in the case of a Dáil elector who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the elector may request that his ballot paper shall be marked for him by a companion and, subject to subsection (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.

(4) The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:

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

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

(iii) Are you a candidate at this election?

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

and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.

(5) Where this section applies and—

(a) the Dáil elector is unable to read or write, or

(b) the Dáil elector does not request that his ballot paper shall be marked for him by a companion, or

(c) the Dáil elector having so requested, the marking of his ballot paper by the companion would be in contravention of subsection (4),

the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.

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

(7) Where a ballot paper is to be marked pursuant to subsection (5) the presiding officer may assist the Dáil elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but he shall not act on any written instruction.

(8) Where, pursuant to this section, a person has marked as a companion two ballot papers at a Dáil election, he shall not, at that election, mark as a companion any other ballot paper.

(9) A person shall not mark as a companion a ballot paper at a Dáil election if he has not reached the age of 16 years or if he is a candidate or agent of a candidate at that election.

Alleged personation.

104. —(1) Where, at a Dáil election, a ballot paper has been issued to a person representing himself to be a particular Dáil elector named on the register of Dáil electors and another person representing himself to be that Dáil elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under section 111 and answers such of the questions as may be put to him or takes the oath or makes the affirmation under the said section, subject to section 111 , that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other Dáil elector.

(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this section and the name and number (including polling district letter) on the register of Dáil electors of each of the persons to whom such papers were issued.

Arrest of person committing personation.

105. —(1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation he may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.

(2) If at the time a person applies for a ballot paper at a Dáil election, or after he has applied for a ballot paper and before he has left the polling station, a personation agent declares to the presiding officer that he believes and undertakes in writing to prove that the applicant has committed personation, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.

(3) Any member of the Garda Síochána may, without any warrant, arrest any person who, he has reasonable cause to believe, is committing, or has committed, personation.

(4) Any arrest authorised by this section may be made at any place whether in a polling station or out of such a station.

(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on his direction, without malice, of any person on a charge of having committed personation.

Maintenance of order in polling station.

106. —(1) If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer for that station, he may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove him. A person so removed shall not re-enter the polling station without the permission of the presiding officer.

(2) The presiding officer shall as far as practicable ensure that all material which advocates the candidature of a particular person or persons or of members of a political party is removed from the polling station.

(3) For the purpose of this section a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.

Obstruction of the poll.

107. —(1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.

(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.

(3) Where a poll is adjourned under this section the presiding officer shall forthwith give notice of such adjournment to the returning officer who shall not open any of the ballot boxes used in the constituency until the adjourned poll has been completed.

(4) This section shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.

Damage to polling stations.

108. —Subject to sections 56 , 62 , 63 , 85 , 86 , 107 and 109 , where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 96 the following provisions shall have effect:

(a) the returning officer shall—

(i) forthwith give public notice to that effect,

(ii) inform the Minister, and

(iii) take all such steps and give all such directions as he thinks proper for the holding or completion of the poll at such polling station,

(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the returning officer,

(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and

(d) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll or the continued poll has been completed.

Destruction etc. of ballot boxes or ballot papers.

109. —If at a Dáil election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:

(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,

(b) the returning officer shall forthwith inform the Minister of the polling having so become void,

(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as he thinks proper for the taking of a fresh poll at every such polling station,

(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,

(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,

(f) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll has been completed.

Duties of presiding officer at close of poll.

110. —(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Dáil electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets—

(a) the unused and spoilt ballot papers, placed together,

(b) the marked copies of the register of Dáil electors,

(c) the counterfoils of the ballot papers,

(d) a ballot paper account in such form as may be directed by the Minister made out by him and a statement prepared in accordance with section 104 (2),

(e) any authorisations given by the returning officer under section 99 or 100 authorising persons to vote at the polling station,and any undertakings by a personation agent to prove that a person has committed personation, and

(f) the marking instruments, unused stationery and other documents and materials relating to the Dáil election,

and shall deliver all such ballot boxes and packets to the returning officer.

(3) The returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this section and of all documents connected with the poll.

Right to vote.

111. —(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a Dáil election in that constituency.

(2) For the purposes of this section—

(a) a person's name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person's name;

(b) (i) the returning officer or the presiding officer may of his own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;

(ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under this section;

(c) the returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when he applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:

(i) Are you the same person as the person whose name appears as AB on the register of Dáil electors now in force for the constituency of?

(ii) Have you already voted at this election?

(iii) Had you reached the age of eighteen years on (date of coming into force of the register)?

and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;

(d) the returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when he applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:

“I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as AB on the register of Dáil electors now in force for the constitutency of..........and that I have not already voted at this election, and that I had attained the age of eighteen years on..........(date of coming into force of the register)”;

and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

(3) Save as is provided by this section and section 103 , no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a Dáil election as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or presiding officer.

(4) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or as relieving him from any penalties to which he may be liable for voting.