PART VI.

Local Elections.

80. —(1) In this Part of this Act—

“local authority” means—

(a) the council of a county,

(b) the corporation of a county or other borough,

(c) the council of an urban district, or

(d) the commissioners of a town;

“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held.

(2) Any reference in this Part of this Act to a member or meeting of a local authority shall, where the local authority in question are a corporation of a county or other borough, be construed as a reference to a member or meeting of the council established by law in respect of such county or other borough.

81. —(1) (a) An election of members of every local authority shall be held in the year 1965 and quinquennially thereafter.

(b) Nothing in this subsection shall affect Part IV of the Local Government Act, 1941 , or any order made under that Part.

(2) Elections pursuant to this section shall be known as local elections.

(3) In the Vocational Education Acts, 1930 to 1962, and in any order or regulation made thereunder, and in the Agriculture Acts, 1931 to 1958, “election year” shall, in lieu of having the meaning which it had immediately before the commencement of this section, mean any year in which local elections are held.

(4) The following subsection shall be substituted for subsection (2) of section 9 of the Harbours Act, 1946 :

“(2) In addition to the first election year, every year thereafter which is a year in which elections of members of councils of counties are held pursuant to section 2 of the Local Elections Act, 1948 (No. 8 of 1948), section 2 of the Local Elections Act, 1953 (No. 15 of 1953), or section 81 of the Electoral Act, 1963, shall be an election year in respect of a harbour authority.”

(5) Notwithstanding the repeal by this Act of the Local Elections Act, 1953 —

(a) “quinquennially” and “five” shall continue to stand substituted for “triennially” and “three” in subsection (3) of section 10 of the School Attendance Act, 1926 ,

(b) “quinquennial” shall continue to stand substituted for “triennial” wherever the latter word occurs in subsection (4) of that section,

(c) “quinquennial meeting” shall continue to stand substituted for “triennial meeting” in the Vocational Education Acts, 1930 to 1950, and in any order or regulation made thereunder,

(d) “five years” shall continue to stand substituted for “three years” in subsection (2) of section 45 of the Local Government Act, 1941 .

(6) Any reference in any statute, order or regulation in force immediately before the passing of the Local Elections Act, 1953 , to a triennial election of members of a board, committee or other body, all or any of the members of which are required by law to be appointed by a local authority following an election of the members of such authority shall be construed as a reference to a quinquennial election.

82. —(1) Local elections shall be held in accordance with regulations made by the Minister and, if an election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote at the election.

(2) Regulations under this section, in particular and without prejudice to the generality of the foregoing subsection, may make provision for all or any of the following matters in relation to local elections:

(i) nominations,

(ii) deposits by candidates,

(iii) deaths of candidates,

(iv) duties of returning officers,

(v) staff of returning officers,

(vi) taking of polls and counting of votes,

(vii) use, free of charge, of schools and public rooms,

(viii) arrangements for postal voting,

(ix) voting by persons in the employment of returning officers,

(x) advance polling on islands,

(xi) maintenance of secrecy of voting,

(xii) removal of persons misconducting themselves in polling stations,

(xiii) procedure in cases of disorder or obstruction,

(xiv) interference with ballot boxes or ballot papers,

(xv) time of becoming a member of a local authority and of retiring from being such a member, and period of office of lord mayors, mayors, chairmen and vice-chairmen,

(xvi) the persons who are to be aldermen and their number,

(xvii) filling of casual vacancies,

(xviii) election of the same person in more than one local electoral area,

(xix) days and times of, and business to be transacted at, first meetings of local authorities after elections of their members and meetings to be held at or near the anniversaries of the days of such first meetings, and failure to hold such meetings as required,

(xx) adaptation of enactments,

and may also make provisions corresponding to the provisions specified in the next subsection subject however to any modifications in those provisions appearing to the Minister to be appropriate.

(3) The provisions referred to in the foregoing subsection are the provisions of Parts I , II , III and VIII (except section 50) of the Prevention of Electoral Abuses Act, 1923 .

(4) Where a provision of regulations under this section corresponds to a provision of the Electoral Acts, 1923 to 1963, or the Prevention of Electoral Abuses Act, 1923 , which provides for a penalty, it may itself provide for a penalty not exceeding that provided for in the provision to which it corresponds.

(5) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(6) No local election shall be declared invalid by reason of a non-compliance with any regulation under this section, or any mistake in the use of forms provided for by any such regulation, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and that the non-compliance or mistake did not affect the result of the election.

(7) Regulations under this section shall apply to a new election under Part IV of the Local Government Act, 1941 .

83. —(1) The Minister may by regulations provide for the issue by local authorities of polling cards, in relation to local elections.

(2) Deciding to issue, in accordance with regulations under this section, polling cards shall be, in case the local authority are the council of a county, the corporation of a borough which is not a county borough, the council of an urban district or the commissioners of a town, a reserved function for the purposes of the County Management Acts, 1940 to 1955, and, in case the local authority are the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(3) No local election shall be invalidated by reason of any failure to send, non-delivery of or error or misstatement in, a polling card.

(4) No action or other proceeding shall lie against a returning officer in respect of any error or misstatement in a polling card.

(5) In this section “polling card” means a card informing an elector of his number (including polling district letter) on the register of local government electors and of the place at which he will be entitled to vote.

84. —(1) Polls at local elections shall be held on such day and shall continue for such period, not being less than twelve hours, between the hours of 8.30 a.m. and 10.30 p.m. as may be fixed by the Minister by order.

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

(3) Subsection (1) of section 45 of the Local Government Act, 1941 , is hereby amended by the insertion at the end of the subsection of “and during the period therein specified by the Minister”.

85. —(1) Subject to the provisions of this Part of this Act and the regulations made thereunder, every person whose name is on the register of local government electors for the time being in force for a local electoral area, and no other person, shall be entitled to vote at the poll at a local election in that area.

(2) For the purposes of this section a person's name shall be taken to be on a register of local government 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.

(3) A person who has voted at a local election shall not in any legal proceeding to question the election or return be required to state for whom he has voted.

(4) (a) A person—

(i) who is registered in the register of local government electors for the time being in force for a local electoral area but is not entitled to be so registered, or

(ii) who is not registered in that register,

shall not vote at the poll at a local election in that area.

(b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

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

86. —(1) The Minister may by regulations provide for the manner in which the costs of local elections are to be paid by local authorities.

(2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for all or any of the following matters—

(a) the way and period in which the returning officer shall present his accounts,

(b) the way and period in which persons having claims against the returning officer shall present their claims,

(c) adjudication of disputes.

87. —(1) The following subsection is hereby substituted for subsection (2) of section 7 of the Limerick City Management Act, 1934 :

“(2) (a) Unless and until an order under this subsection comes into force, there shall be one electoral area consisting of the area of the city and the first four members of the Council elected at a city election shall be aldermen.

(b) The Minister may by order—

(i) make a division of the city into electoral areas, and

(ii) fix for each electoral area the number of members of the council to be elected therefor and the number of those members who are to be aldermen.

(c) The Minister may make an order under this subsection whenever and so often as he thinks proper.

(d) The division of the city into electoral areas made by an order under this subsection shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.

(e) The number of members to be elected, at every election of members of the Council held after the making of an order under this subsection, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

(f) Those members of the Council who are not aldermen shall be councillors.

(g) Every order under this subsection shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”

(2) The following section is hereby substituted for section 6 of the Waterford City Management Act, 1939 :

“6. (1) Unless and until an order under this section comes into force, there shall be one electoral area consisting of the area of the city and the first five members of the Council elected shall be aldermen.

(2) The Minister may by order—

(a) make a division of the city into electoral areas, and

(b) fix for each electoral area the number of members of the Council to be elected therefor and the number of those members who are to be aldermen.

(3) The Minister may make an order under this section whenever and so often as he thinks proper.

(4) The division of the city into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.

(5) The number of members to be elected, at every election of members of the Council held after the making of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

(6) Those members of the Council who are not aldermen shall be councillors.

(7) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passedby either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”

(3) The following section is hereby substituted for section 4 of the Cork City Management (Amendment) Act, 1941 :

“4. (1) Unless and until an order under this section comes into force, there shall be one electoral area consisting of the area of the Borough and the first six members of the Council elected shall be aldermen.

(2) The Minister may by order—

(a) make a division of the Borough into electoral areas, and

(b) fix for each electoral area the number of members of the Council to be elected therefor and the number of those members who are to be aldermen.

(3) The Minister may make an order under this section whenever and so often as he thinks proper.

(4) The division of the Borough into electoral areas made by an order under this section shall (without prejudice to any subsequent such order) have effect for the purpose of the election of members of the Council held next after the order is made and thereafter.

(5) The number of members to be elected, at every election of members of the Council held after the making of an order under this section, for each electoral area specified in the order shall (without prejudice to any subsequent such order) be the number assigned by the order to that electoral area.

(6) Those members of the Council who are not aldermen shall be councillors.

(7) Every order under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made and, if a resolution annulling the order is passed by either such House within the next seven days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”

(4) (a) Subsection (1) of section 35 of the Local Government Act, 1941 , is hereby amended by the substitution of “but does include, notwithstanding section 43 of the Local Government (Dublin) Act, 1930 , the borough of Dún Laoghaire, and notwithstanding section 16 of the Local Government (Galway) Act, 1937,” for “or the Borough of Dún Laoghaire or”.

(b) Subsection (2) of section 35 of the Local Government Act, 1941 , is hereby amended by the insertion at the end of the subsection of “and the number of those members who are to be aldermen”.

(c) Where an order is made under subsection (2) of section 35 of the Local Government Act, 1941 , in relation to the borough of Galway, section 15 of the Local Government (Galway) Act, 1937, shall, after the next election of members of the corporation of the borough, have effect subject to the substitution therein of “those who are not aldermen” for “four shall be aldermen and eight”.

88. —(1) The Minister may by regulations divide the area of any county or other borough or urban district into areas to be known as wards.

(2) Where, immediately before the commencement of this section, any county or other borough or urban district stood divided into areas known as wards, then, unless and until regulations under subsection (1) of this section in relation to the borough or district come into force, those areas shall continue in force as wards, but the Minister may by regulations vary the name of any such ward.

(3) Any reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or at any time thereafter) to a ward in relation to a county or other borough or urban district shall be construed and have effect as a reference to a ward under regulations under subsection (1) of this section or a ward referred to in subsection (2) of this section (as may be appropriate).

89. —(1) The Minister may by regulations divide the area of any county or county borough into areas to be known as district electoral divisions.

(2) Where, immediately before the commencement of this section, any county or county borough stood divided into areas known as district electoral divisions, then, unless and until regulationsunder subsection (1) of this section in relation to the county or borough come into force, those areas shall continue in force as district electoral divisions, but the Minister may by regulations vary the name of any such district electoral division.

(3) Any reference in any enactment (whether in force immediately before the commencement of this section or coming into force at the same time as such commencement or at any time thereafter) to a district electoral division in relation to a county or county borough shall be construed and have effect as a reference to a district electoral division under regulations under subsection (1) of this section or a district electoral division referred to in subsection (2) of this section (as may be appropriate).