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19 1963

ELECTORAL ACT, 1963

PART IV.

Presidential Elections.

Interpretation and construction (Part IV and Third Schedule)

43. —(1) In this Part of this Act “the Principal Act” means the Presidential Elections Act, 1937 .

(2) The Presidential Elections Acts, 1937 to 1960, and this Part of and the Third Schedule to this Act shall be construed together as one Act.

Polling cards.

44. —(1) Where a poll is to be taken at a presidential election, the local returning officer for each constituency 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 prescribed form 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 local returning officer in complying with this section shall be expenses incurred by him for the purposes of the election within the meaning of section 21 of the Principal Act.

(5) No presidential 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 local returning officer in respect of any error or misstatement in a polling card.

Advance polling on islands.

45. —(1) This section applies where—

(a) a poll is to be taken at a presidential election, and

(b) a local 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 opening of the ballot boxes at or before the hour of 9 a.m. on the day next after the polling day.

(2) Where this section applies, the local 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 local 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 opening of the ballot boxes 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 the notice of poll under Rule 3 of the First Schedule to the Principal Act by reason of an alteration made under this section of the day and hours of a poll.

Notification of name of President elect to certain persons.

46. —As soon as may be after the presidential returning officer at a presidential election has declared a candidate (in this section referred to as the President elect) to have been elected as President, the presidential returning officer shall, in the manner directed by the Government, inform the President, the President elect, the Taoiseach, the Chief Justice, the Chairman of Dáil Éireann, the Chairman of Seanad Éireann and the Secretary to the President, of the name and address of the President elect.

Amendment of sections 12, 13 and 14 of Principal Act.

47. —Sections 12, 13 and 14 of the Principal Act shall have effect subject to the following provisions:

(a) the presidential returning officer shall be entitled to rule a nomination paper invalid if, but only if, it is not properly made out or subscribed;

(b) at the ruling on nominations the presidential returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate, or unnecessarily long; where the presidential returning officer so objects, he shall allow the candidate or his authorised representative, as may be appropriate, to amend the description, and, if it is not so amended to the presidential returning officer's satisfaction, the presidential returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his authorised representative, if either is present, or may rule that the nomination paper is invalid as not being properly made out;

(c) the provisions of paragraph (a) of this section shall not affect the application of the said section 13 to any question relating to the functions, pursuant to that paragraph, of the presidential returning officer;

(d) if any person entitled to do so raises at the ruling on nominations any objection relevant to the nomination of a candidate other than an objection relating to the functions pursuant to paragraph (b) of this section of the presidential returning officer—

(i) the presidential returning officer shall ask him to state the grounds of his objection,

(ii) if he does not there and then state the grounds of his objection, the objection shall be taken as having been withdrawn,

(iii) if he there and then states the grounds of his objection, the presidential returning officer shall adjourn the ruling on nominations and refer the objection to a tribunal consisting of three judges of the High Court (including the judicial assessor) nominated by the President of the High Court at the same time as the nomination of, or intimation by the President of the High Court of intention to act as, the judicial assessor,

(iv) the decision of the tribunal shall be given within three days and shall be final,

(v) before adjourning the ruling on nominations, the presidential returning officer may, if he so thinks proper, and shall, if requested by a candidate or the representative of a candidate, ask for a written statement of the objection and the grounds therefor to be delivered within twenty-four hours, to him and to the candidate objected to and, if such statement is delivered, shall submit it to the tribunal.

Amendment of sections 6 and 20 of Principal Act.

48. —(1) Section 20 of the Principal Act is hereby amended as follows:

(i) the following paragraph shall be inserted after paragraph (a):

“(aa) the poll 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 appointed in that behalf under this Act;”

(ii) the following paragraph shall be substituted for paragraph (d):

“(d) the person who would be the returning officer at a Dáil election in any such constituency shall be the returning officer in that constituency for the purposes of the poll, but where that person is prevented by illness or other reasonable cause from performing all or any of his duties as such returning officer or where a vacancy occurs in the office of returning officer, the Minister shall appoint a person to act as such returning officer for the performance of those duties during the period of the prevention or vacancy, as the case may be, and any reference in this Act to a local returning officer shall be construed as including both a reference to a person who is by virtue of this paragraph the returning officer in a constituency for the purposes of the poll and a reference to a person appointed as aforesaid by the Minister;”

(2) Paragraph (e) of subsection (1) of section 6 of the Principal Act is hereby amended by the insertion of “and the period during which” before “the poll (if any)”.

Presiding officers and poll clerks.

49. —The following section is hereby substituted for section 23 of the Principal Act:

“23. (1) The local 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 local 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 local 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.”

Voting by postal voters.

50. —Notwithstanding the repeal by this Act of section 12 of the Electoral Act, 1960 , the following subsections shall continue to stand substituted for subsections (2) and (3) of section 29 of the Principal Act:

“(2) Every local returning officer shall, as soon as practicable after he receives from the presidential returning officer notice of the adjournment of a presidential election for the purpose of taking a poll, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.

(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”

Right to vote.

51. —(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 in that constituency at the poll at a presidential election.

(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 local returning officer or presiding officer was intended to be the person's name,

(b) the local 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 presidential 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 local 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 17 of the First Schedule to the Principal Act, no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a presidential election as to the right of any person to vote, and no objection thereto shall be made or received by any local 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 in that constituency at the poll at a presidential election.

(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.

Ballot paper.

52. —(1) The following section is hereby substituted for section 27 of the Principal Act:

“27.—(1) Votes at a presidential election shall be given by ballot and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) in form 8 in the Second Schedule to this Act.

(2) The presidential returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers.”

(2) The form and directions set out in the Third Schedule to this Act are hereby substituted for form 8 in the Second Schedule to the Principal Act and the presidential returning officer shall comply with such directions.

Amendment of section 28 (2) of and Rule 11 of Third Schedule to Principal Act.

53. —(1) Subsection (2) of section 28 of the Principal Act is hereby amended by the addition at the end of the subsection of “but the ballot paper shall not be invalid by reference only to carrying the words ‘one’, ‘two’, ‘three’ (and so on) or a mark such as ‘X’ which, in the opinion of the local returning officer, clearly indicates a preference or preferences.”

(2) Rule 11 of the Third Schedule to the Principal Act is hereby amended by the substitution of the following definitions for the definitions of “first preference”, “second preference” and “the next available preference”:

“the expression ‘first preference’ means the figure ‘1’, the word ‘one’ or a mark such as ‘X’ which, in the opinion of the local returning officer, clearly indicates a first preference; the expression ‘second preference’ means the figure ‘2’, the word ‘two’ or a mark which, in the opinion of the local returning officer, clearly indicates a second preference, standing in succession to a first preference; the expression ‘the next available preference’ means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, preferences for candidates already excluded being ignored;”

Amendment of section 32 of Principal Act.

54. —(1) The application, by virtue of subsection (1) of section 32 of the Principal Act, of the following portions of the Prevention of Electoral Abuses Act, 1923 , is hereby terminated: paragraph (c) of subsection (2) of section 1, section 4, subsection (3), (4) and (5) of section 6, sections 9, 10, 11 and 14, all words in section 15 from “and shall” to the end of the section, sections 20 and 45 and the definition of “committee room” in section 56.

(2) In any application, by virtue of subsection (1) of section 32 of the Principal Act, of subsection (1) or (2) of section 6 or section 15 of the Prevention of Electoral Abuses Act, 1923 , the said subsection (1) or (2) or section 15 shall have effect as amended by section 90 of this Act.

(3) (a) In paragraph (b) of subsection (1) of section 32 of the Principal Act the reference to Part II of the Prevention of Electoral Abuses Act, 1923 , shall be construed as including a reference to section 13A (inserted by section 90 of this Act) of the latter Act and, in any application by virtue of that paragraph of section 15 of the latter Act, the reference in the said section 15 to the foregoing sections of the latter Act shall be construed as including a reference to the said section 13A.

(b) In paragraph (d) of subsection (1) of section 32 of the Principal Act the reference to the sections of the Prevention of Electoral Abuses Act, 1923 , shall be construed as including a reference to section 55A (inserted by section 90 of this Act) of the latter Act.

(c) In subsection (2) of section 32 of the Principal Act the expression “the said portions of the Prevention of Electoral Abuses Act, 1923 ” shall be construed as including a reference to the said sections 13A and 55A.

Amendment of Rule 1 of First Schedule to Principal Act.

55. —The following Rule is hereby substituted for Rule 1 of the First Schedule to the Principal Act:

“1. (1) It shall be lawful for any local returning officer with the consent of the Minister to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer.

(2) Where at a contested presidential election the same person is local returning officer for two or more constituencies, he shall—

(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes,

(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.

(3) A person shall not be appointed under paragraph (2) of this Rule unless the appointment has been approved of by the Minister.

(4) Subject to the provisions of the foregoing paragraphs, the local returning officer for a constituency shall conduct a presidential election in such constituency unless he is prevented from so doing by illness or other reasonable cause sufficient in the opinion of the Minister.

(5) References in the subsequent Rules of this Schedule to local returning officers shall, where appropriate, include references to deputy local returning officers.”

Amendment of Rule 15 of First Schedule to Principal Act.

56. —Rule 15 of the First Schedule to the Principal Act is hereby amended by the substitution of “with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper” for “on both sides with the official mark, either stamped or perforated”.

Voting by blind, incapacitated, and illiterate persons.

57. —(1) The following Rule is hereby substituted for Rule 17 of the First Schedule to the Principal Act:

“17. (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 17 of the First Schedule to the Principal Act, a person has marked as a companion two ballot papers, he shall not, at the same presidential election, mark as a companion any other ballot paper.

(b) A person shall not, pursuant to paragraph (2) of Rule 17 of the First Schedule to the Principal Act, mark as a companion a ballot paper at a presidential 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.

Alleged personation.

58. —The following Rule is hereby substituted for Rule 18 of the First Schedule to the Principal Act:

“18. 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 this Act 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.”

Duties of presiding officer at close of poll.

59. —The following Rule is hereby substituted for Rule 21 of the First Schedule to the Principal Act:

“21. 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 personation 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 local returning officer.”

Amendment of Rules 22A, 23 and 24 of First Schedule to Principal Act.

60. —The following Rules are hereby substituted for Rules 22A, 23 and 24 of the First Schedule to the Principal Act:

Place for opening of ballot boxes, etc,

“22A. (1) The local returning officer for a constituency—

(a) shall appoint the place at which he will open the ballot boxes,

(b) shall open the ballot boxes at the place so appointed,

(c) shall, at least forty-eight hours before the hour of 9 a.m. on the day next after the close of the poll, give to every local agent of a candidate notice in writing of the place so appointed,

(d) shall give every local agent of a candidate and every agent appointed under Rule 24 of this Schedule all such reasonable facilities for overseeing the proceedings at the count (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and all such information with respect thereto, as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions,

(e) shall provide suitable accommodation and all equipment necessary for counting the votes.

(2) The place appointed under subparagraph (a) of the foregoing paragraph shall be within the constituency, but—

(a) in case the constituency consists of a part which is part of a county borough and a part which is outside that borough, it may be—

(i) within the other part of that borough, or

(ii) with the consent of the Minister, outside that borough and outside, but convenient to, the constituency, and

(b) in any other case, it may be, with the consent of the Minister, outside, but convenient to, the constituency.

Opening of ballot boxes.

23. At the hour of 9 a.m. on the day next after the close of the poll in a constituency and at the place appointed by him under Rule 22A of this Schedule, the local returning officer for that constituency shall begin to open the ballot boxes used at the poll in that constituency, take out the ballot papers therein, count and record the numbers thereof, and then mix them together.

Candidates' agents at opening of ballot boxes.

24. Every local agent of a candidate may appoint agents to attend on behalf of such candidate the opening of the ballot boxes in his constituency by the local returning officer and the proceedings consequent on such opening. Not more than five agents shall be appointed by a particular local agent unless the local returning officer otherwise permits.”

Amendment of Rules 27, 39 and 40 of First Schedule to Principal Act.

61. —(1) Notwithstanding the repeal by this Act of paragraph (d) of section 3 of the Presidential Elections (Amendment) Act, 1946 , “eleven” shall continue to stand substituted for “seven” in Rules 27 and 39 of the First Schedule to the Principal Act.

(2) Rule 40 of the First Schedule to the Principal Act is hereby amended by the insertion of “from the date on which the poll took place” after “for six months”.

Amendment of Rule 8 of Third Schedule to Principal Act.

62. —The following paragraphs are hereby added to Rule 8 of the Third Schedule to the Principal Act:

“(4) The power under the foregoing paragraph to re-examine and recount extends to papers dealt with at an earlier count than the immediately preceding one.

(5) As respects each candidate, one request (and not more) may be made by him or his principal agent for a complete re-examination and recount of all parcels of papers, and upon being so requested the presidential returning officer shall re-examine and recount the parcels of papers accordingly. In the re-examination and recount, the number or order of papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this paragraph shall make it obligatory on the presidential returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered, which is, in the opinion of the presidential returning officer, a significant error likely to affect the result of the election, the presidential returning officer shall count all the papers afresh from the point at which the error occurred.

(6) Where an error is discovered, the presidential returning officer shall, where necessary, amend any results previously announced by him.”