Chapter III.

The Poll.

22. —(1) The council of a county or corporation of a county borough may, after consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections and elections of members of local authorities within the meaning of Part VI of this Act and appointing a polling place for each polling district.

(2) A scheme under this section made by the council of a county or corporation of a county borough shall come into operation—

(a) if, but only if, it is confirmed by order under the next subsection, and

(b) on the day specified in that behalf in such order.

(3) As soon as may be after they have made a scheme under this section, the council of a county or corporation of a county borough shall submit the scheme to the Minister for confirmation and the Minister shall by order confirm the scheme with or without modification or refuse to confirm it.

(4) A scheme in force under this section may, and shall if the Minister so directs, be revoked or amended by a subsequent scheme under this section.

(5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting.

(6) Where the Minister, either of his own motion or on representation made to him, becomes satisfied that the polling districts or polling places (or any of them) named in a scheme in force under this section do not meet the reasonable requirements of the electors, the Minister may require the council of a county or corporation of a county borough concerned to amend the scheme as he considers proper and, if they do not do so within one month, the Minister may himself amend the scheme by a further scheme.

(7) The making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1955, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(8) Until the first scheme made under this section by the council of a county or corporation of a county borough comes into operation, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue, and after the coming into operation of such first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section.

(9) Rule 13 of Part I of the Fifth Schedule to the Principal Act is hereby amended by the addition thereto of “but the foregoing provisions of this Rule shall be subject to the proviso that, where by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the returning officer may provide a polling station or polling stations at any other convenient place”.

(10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations.

23. —(1) Where a poll is to be taken at a Dáil election in a constituency, the returning officer shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list a card (in this section referred to as a polling card) in the form specified by regulations made by the Minister informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote.

(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil electors and shall be sent in sufficient time to be delivered in the ordinary course of post at that address not later than the third day before the polling day.

(3) A polling card shall be dispatched by post and shall be transmitted free of charge by the earliest practicable post.

(4) Expenses incurred by a returning officer in complying with this section shall be expenses incurred by him for the purposes of the election within the meaning of section 25 of the Principal Act.

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

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

24. —(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 during the period which consists of the nine days (disregarding any excluded day) next following the period which consists of the seven days (disregarding any excluded day) next following the last day for receiving nominations, and

(b) 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, 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 Iris Oifigiúil as soon as may be after it is made.

25. —(1) The following section is hereby substituted for section 35 of the Principal Act:

“35. (1) The returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer.

(2) The returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering the candidature of any candidate at the election.

(3) The returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the list of persons to whom he has offered or proposes to offer appointments as presiding officers or poll clerks.

(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the agents of the candidates, companions of 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, and members of the Garda Síochána on duty.

(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person.”

(2) Section 36 of the Principal Act is hereby amended by the substitution of “any presiding officer” for “his deputy” in both places where the latter words occur.

26. —(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) the returning officer or presiding officer may and, if so required on behalf of any candidate, shall put to any person at the time of his applying for a ballot paper, but not afterwards, the following questions, or any one or two of them:

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

(ii) Have you already voted at this election?

(iii) Had you reached the age of twenty-one 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,

(c) the returning officer or presiding officer may and, if so required on behalf of any candidate, shall administer to any person at the time of his applying 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 A B on the register of electors now in force for the constituency of _____________ and that I have not already voted at this election, and that I had attained the age of twenty-one 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 by Rule 24 of Part I of the Fifth Schedule to the Principal Act, 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) (a) A person—

(i) who is registered in the register of Dáil electors for the time being in force for a constituency 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 Dáil election in that constituency.

(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.

27. —(1) The following Rule is hereby substituted for Rule 24 of Part I of the Fifth Schedule to the Principal Act:

“24. (1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is so illiterate that he is unable to vote without assistance, this Rule shall apply.

(b) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector 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 so illiterate— as the case may be) that I am unable to vote without assistance’

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

(2) (a) Where this Rule applies in the case of an 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 subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall forthwith place it so marked in the ballot box.

(b) The presiding officer may, and, if requested by an agent of a candidate, 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 the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.

(3) Where this Rule applies and—

(a) the elector is illiterate, or

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

(c) the elector having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,

the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall forthwith place the ballot paper so marked in the ballot box.

(4) A request made by an elector within four hours before the hour fixed for the closing of the poll to have his ballot paper marked for him under this Rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of 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 electors.

(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule the presiding officer may assist the elector by reading out in full from the ballot paper, as respects each candidate, the particulars stated in respect of him, but he shall not act on any written instruction.”

(2) (a) Where, pursuant to paragraph (2) of Rule 24 of Part I of the Fifth Schedule to the Principal Act, a person has marked as a companion two ballot papers at an election, he shall not, at that election, mark as a companion any other ballot paper.

(b) A person shall not, pursuant to paragraph (2) of Rule 24 of Part I of the Fifth Schedule to the Principal Act, mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.

(c) A person who contravenes paragraph (a) or paragraph (b) 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.

28. —The following Rule is hereby substituted for Rule 25 of Part I of the Fifth Schedule to the Principal Act:

“25. If a person, representing himself to be a particular elector named on the register of electors, applies for a ballot paper after another person has been given a ballot paper as such elector, the applicant shall, upon duly answering the questions permitted by law to be asked of voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector and to put the ballot paper when marked into the ballot box, but the presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Rule and the names and numbers on the register of electors of the persons to whom they were issued.”

29. —“with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper” is hereby substituted for “on both sides with the official mark either stamped or perforated” in paragraph (2) of Rule 3 of the Fourth Schedule to the Principal Act and for “on both sides with the official mark, either stamped or perforated” in Rule 22 of Part I of the Fifth Schedule thereto.

30. —The following Rule is hereby substituted for Rule 27 of Part I of the Fifth Schedule to the Principal Act:

“27. The presiding officer shall, at the time fixed for the close of the poll, take steps to ensure that no further electors are admitted to the polling station and, subject to the proviso that an elector on the premises at that time shall be entitled to receive a ballot paper and to vote, the presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, seal each ballot box, unopened but with the key attached, so that no further papers can be inserted therein and make up into separate packets sealed with his seal—

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

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

(c) the counterfoils of the ballot papers,

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

31. —(1) Subsection (1) of section 28 of the Principal Act is hereby amended by the insertion of “and every member of the Garda Síochána and candidate so in attendance” after “at a polling station,” and “or member of the Garda Síochána or candidate,” after “no such officer, clerk or agent,”.

(2) Subsection (2) of section 28 of the Principal Act is hereby amended by the insertion of “and every member of the Garda Síochána, candidate and person whose attendance is permitted by the returning officer” before “in attendance at the counting of the votes”.

32. —(1) Where, at any time during the period beginning seventy-two hours before the adjournment of a Dáil election for the purpose of taking a poll and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate has died, the following provisions shall have effect:

(a) the returning officer shall notify the Minister and the Clerk of Dáil Éireann of the death of the candidate and at the same time, if notice of the poll has been given, he shall countermand the poll;

(b) the returning officer shall give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held;

(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister;

(d) in the fresh election, the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day of the sending of the notification of the death of the candidate to the Minister;

(e) the polling day at the fresh election shall be fixed by the Minister;

(f) for the purpose of Rule 1 of Part I of the Fifth Schedule to the Principal Act in relation to the fresh election, the returning officer shall be deemed to have received the writ on the day after the day on which he sends notification of the death of the candidate to the Minister.

(2) Where, at any time after the commencement of the poll at a Dáil election in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died—

(a) all votes cast at the election in the constituency shall be disregarded and the ballot papers destroyed,

(b) the returning officer shall notify the Minister and the Clerk of Dáil Éireann of the death of the candidate,

(c) the provisions of paragraphs (b) to (f) of subsection (1) of this section shall apply.

(3) The death of a candidate at a Dáil election in circumstances other than those referred to in subsections (1) and (2) of this section shall not invalidate his nomination or any preference recorded for him and, if he is elected, his election shall not be invalidated by reason of his death, but he shall be deemed to have vacated his membership of the Dáil immediately after his election.

(4) Where a poll is countermanded under this section, all ballot papers issued to postal voters shall be disregarded and the returning officer shall destroy without opening all ballot papers received by him for inclusion in the countermanded poll.

33. —(1) Where an outgoing Chairman of Dáil Éireann within the meaning of section 14 of this Act who has not announced to the Dáil before its dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution dies after the dissolution and before the commencement of the poll in the constituency for which he is deemed by virtue of that section to be elected, the following provisions shall have effect:

(a) if the outgoing Chairman of Dáil Éireann dies before the issue of the writ to the returning officer for the constituency, that section shall cease to have effect in respect of the general election;

(b) if the outgoing Chairman of Dáil Éireann dies after the issue of the writ and before the commencement of the poll in the constituency—

(i) the Clerk of Dáil Éireann shall, upon being satisfied of the fact of the death, recall the writ and issue in lieu thereof to the returning officer a writ (in this paragraph referred to as the new writ) so worded that it directs him to cause an election to be held of the full number of members of Dáil Éireann for the constituency and he shall, at the same time as he issues the new writ, notify the Minister of its issue;

(ii) the returning officer shall, upon being satisfied of the death or upon receiving the new writ (whichever first happens), countermand the poll if notice thereof has been given;

(iii) all the proceedings for the election shall be commenced afresh;

(iv) in the fresh election—

(I) the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the new writ is issued and the polling day shall be fixed by the Minister,

(II) no fresh nomination or consent shall be necessary in respect of any candidate who stood nominated, in case there was a countermand of the poll under subparagraph (ii) of this paragraph, at the time of the countermand of the poll and, in any other case, at the time of the receipt by the returning officer of the new writ.

(c) if the outgoing Chairman of Dáil Éireann dies after the commencement of the poll in the constituency and before the close of such poll—

(i) all votes cast at the election in the constituency shall be disregarded and the ballot papers destroyed,

(ii) the provisions of subparagraphs (i), (iii) and (iv) of paragraph (b) of this subsection shall apply.

(2) Where a poll is countermanded under this section, all ballot papers issued to postal voters shall be disregarded and the returning officer shall destroy without opening all ballot papers received by him for inclusion in the countermanded poll.

34. —(1) This section applies where—

(a) a poll is to be taken at a Dáil election in a constituency, and

(b) the returning officer is of opinion that, in the case of a polling station situate on an island, it is probable that, owing to stress of weather or transport difficulties, either—

(i) the poll could not be taken on the polling day appointed by the Minister, or

(ii) if the poll were taken on that day, the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day.

(2) Where this section applies, the returning officer shall give public notice in the polling district stating that he will take the poll at the polling station on the island on a specified day, being a day earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in the Principal Act, have effect:

(a) the returning officer may take the poll at the polling station on the island on the day specified in the notice or, where he is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which in his opinion transport between the island and the mainland is reasonably safe,

(b) where owing to transport difficulties the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,

(c) where, after the polling has continued for not less than four hours, the presiding officer is of opinion that, if the poll were further continued, the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.

(3) No alteration shall be made in the form or contents of a notice of poll under section 19 of the Principal Act by reason of an alteration under this section of the day and hours of a poll.

35. —Paragraph (b) of section 59 of the Principal Act is hereby amended by the substitution of “law” for “this Act”.