PART XX

Retention, Inspection and Disposal of Documents

129. —(1) On the completion of the counting of the votes, the returning officer shall place in separate sealed packets—

(a) the counted ballot papers,

(b) the ballot papers rejected at the counting of the votes,

(c) the unused and spoilt ballot papers, and

(d) the counterfoils of ballot papers issued at polling stations,

and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which they relate.

(2) The returning officer shall also place in separate sealed packets—

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

(b) the ballot paper accounts and the statement prepared in accordance with section 114 ,

(c) the candidates’ nomination papers, whether valid or invalid, and the certificates of political affiliation, and

(d) the authorisations to electors to vote at other polling stations,

and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which they relate and shall as soon as practicable forward the documents referred to in this section, in section 76 and in section 83 (2) to the Clerk of theDáil.

(3) The documents referred to in this section including those referred to in sections 76 and 83 shall be retained by the Clerk of the Dáil for 6 months from the date of the poll at the election. At the expiration of the said period the Clerk of the Dáil shall, unless otherwise directed by an order of the High Court or he has reason to believe that the documents may be required for a purpose referred to in section 130 (3), cause the documents to be destroyed.

130. —(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.

(2) The documents referred to in subsection (1) are—

(a) the counterfoils of the ballot papers sent to postal voters under section 68 ,

(b) the counterfoils of the ballot papers delivered to special voters under section 82 ,

(c) the documents referred to in subsections (2) and (3) of section 76 , and

(d) the documents referred to in subsection (1) of section 129 .

(3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.

(4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time and place and mode of inspection or production as the court may think expedient and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.

(5) Where an order is made for the production by the Clerk of the Dáil of any document in his possession relating to a Dáil election, the production by or on behalf of the Clerk of the Dáil of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet so produced shall be, until the contrary is shown, sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.

131. —All documents sent by a returning officer in pursuance of this Act to the Clerk of the Dáil, other than documents referred to in section 130 , shall be open to public inspection at such time and under such conditions as may be specified by the Clerk of the Dáil. The Clerk of the Dáil shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance.