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12 1923

ELECTORAL ACT, 1923

PART VIII.

General.

Adaptation of Acts.

58. —The Dáil franchises enacted by this Αct shall take the place of all Parliamentary franchises existing at the time of the passing of this Act; and the provisions set out in the Ninth Schedule to this Act with respect to the adaptation of Acts shall have effect for the purpose of adapting the law to the provisions of this Act.

Application of enactments relating to bribery, etc.

59. —All the provisions relating to bribery, personation or corrupt practices at elections or to election petitions (other than Local Government elections or Local Government election petitions) which are contained in any statute and were in force on the 23rd day of December, 1920, and have not been repealed by this Act shall apply to Dáil elections, Seanad elections and Referenda held under this Act, and for that purpose all references in such provisions to—

(a) elections shall be construed as referring to Dáil elections, Seanad elections and Referenda held under this Act;

(b) constituencies shall be construed as referring to the constituencies established by this Act;

(c) returning and other officers, persons, ballot papers and other matters and things shall be construed as referring to the corresponding officers, persons, papers, matters and things acting, used, or done under this Act.

Computation of time.

60. —(1) Where any period of time not exceeding ten days is limited or appointed by or under this Act as the time before or after which any act or thing is to be done or not done Sundays, Christmas Day, Good Friday, Bank Holidays and days declared by statute or proclamation to be public holidays shall not be reckoned in counting such period of time.

(2) Where any period of time exceeding ten days is limited or appointed by or under this Act as the time before or after which any act or thing is to be done or not done Sundays, Christmas Day, Good Friday, Bank Holidays and days declared by statute or proclamation to be public holidays shall be reckoned in computing such period of time.

(3) Where the time limited or allowed by or under this Act for doing any act or thing expires on a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared by statute or proclamation to be a public holiday such act or thing shall be deemed to be duly done if it is done on the first day after the expiration of such time which is not a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared as aforesaid to be a public holiday.

Confirmation of Franchise Resolutions.

61. —(1) The Franchise Resolutions adopted by the Provisional Parliament on the 19th day of September, 1922, are hereby confirmed.

(2) All acts, matters and things done under or in pursuance of the said Franchise Resolutions shall be deemed to have been done under this Act, and accordingly this Act shall be retrospective so far as is necessary to give validity and statutory authority to the acts, matters and things aforesaid.

(3) The register now in course of preparation under the said Franchise Resolutions shall be the first register prepared under this Act, and the expression “the First Register prepared under this Act” shall where used in this Act be interpreted accordingly.

(4) The first Register prepared under this Act shall be completed in accordance with the said Franchise Resolutions, save that the following provisions of this Act shall apply to such first Register, that is to say, the provisions relating to:—

(a) The registration of and voting by members of the Defence Force of Saorstát Eireann.

(b) The non-registration of and non-voting by members of any Police Force.

(c) Voting by post.

(5) The provisions of this Act and the Schedule hereto regarding the registration of Seanad electors shall not apply to the first register prepared under this Act.

Difficulty and Emergency Orders.

62. —(1) If any difficulty shall arise in the preparation of the first register under the preceding section and the Franchise Resolutions mentioned therein or in the holding of the first elections after the commencement of this Act, the Minister for Local Government may by Order do any matter or thing which appears to him necessary for the proper preparation of such register or the proper holding of such elections.

(2) If any difficulty shall arise in the preparation of any register under this Act after the first register or in the holding of any election under this Act after the first elections and the Minister for Local Government is of opinion that such difficulty is an emergency requiring to be removed immediately, the Minister aforesaid may by Order do any matter or thing which appears to him to be necessary to be done immediately to enable the register or election in respect of which such difficulty has arisen to be properly prepared or held.

Officers liable to action for breach of duty.

63. —(1) Where any registration officer, returning officer, clerk, or other person having duties in connection with the registration of electors or the conduct of any election refuses, neglects, or fails without reasonable cause to perform his duties in that behalf, a person aggrieved by such refusal, neglect, or failure shall be entitled to recover by action at law from such person such sum not exceeding one hundred pounds by way of damages as the Court by which such action shall be tried shall consider just.

(2) Every registration officer, returning officer, presiding officer, clerk or other person having duties in connection with the registration of electors, or the conduct of any election, who is guilty of any wilful or grossly negligent misfeasance or any wilful or grossly negligent act or omission in contravention of this Act shall, in addition to any other liability to which he may be subject, be liable on prosecution by the Minister for Local Government in a Court of Summary Jurisdiction to forfeit to Saorstát Eireann such penal sum not exceeding £100, as the Court before whom such prosecution shall come shall consider just.

Rules, Regulations, Scales of Expenses, &c., to be laid before each House of the Oireachtas.

64. —(1) All rules, regulations, scales of expenses or provisions made or framed by the Minister for Finance or by the Minister for Local Government in pursuance of the powers conferred by Sections 11 (2), 12 , 14 and 25 of this Act, shall be laid before each House of the Oireachtas forthwith; and unless and until a resolution annulling such rule, regulation, scale of expenses or provision is passed by each House of the Oireachtas within the next subsequent twenty-one days in which either of such Houses has met, such rule, regulation, scale of expenses or provision shall have effect as if enacted in this Act, provided that annulment of any such rule, regulation, scale of expenses or provision shall not prejudice or invalidate anything done thereby or thereunder prior to such annulment.

(2) Any such rule, regulation, scale of expenses or provision may be revoked or varied as occasion requires.

Definitions.

65. —In this Act and the Schedules thereto unless the context otherwise requires—

The word “Dáil” shall mean Dáil Eireann;

The word “Seanad” shall mean Seanad Eireann;

The expression “Dáil Election” shall mean an election of a member or members to serve in the Dáil and shall include a bye-election as well as a general election;

The expression “Dáil Elector” shall mean a person entitled to vote at a Dáil election;

The expression “General Election” shall mean an election of members to serve in the Dáil of a new Oireachtas;

The expression “Bye-Election” shall mean an election of a member of the Dáil to fill a vacancy occasioned by the death, resignation or disqualification of a member of the Dáil;

The expression “Seanad Election” shall mean an election of Senators to serve in the Seanad;

The expression “Seanad Elector” shall mean a person entitled to vote at a Seanad election;

The word “Election” when used without qualification shall include Dáil election, Seanad election and Referendum;

The expression “dwellinghouse” shall include any part of a house where that part is occupied separately as a dwellinghouse;

The expression “prescribed” shall mean prescribed by Order made by the Minister for Local Government.

Repeals.

66. —(1) The enactments mentioned in the Tenth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) All references in any existing statute, order, regulation or rule to any of the Acts wholly or partially repealed by this Act shall be deemed to be references to this Act, but in the case of Acts partially repealed by this Act only in so far as such references relate to the portion of such Act so repealed.

Short Title.

67. —This Act may be cited as “The Electoral Act, 1923.”