First Previous (ELECTORAL ACT, 1923) Next (PART II. Registration.)

12 1923

ELECTORAL ACT, 1923

PART I.

Franchise.

Dáil Franchise.

1. —(1) Every person without distinction of sex who is a citizen of Saorstát Eireann and has attained the age of twenty-one years and is not subject to any legal incapacity imposed by this Act or otherwise shall be entitled to be registered once as a Dáil elector in one, but not more than one, constituency in Saorstát Eireann.

(2) Every such person as aforesaid may be registered as a Dáil elector in any one of the following constituencies, viz.:—

(a) the constituency in which he or she is ordinarily resident on the qualifying date; or

(b) the constituency in which he or she occupies on the qualifying date business premises; or

(c) the University constituency comprising a university in which he or she has received a degree other than an honorary degree or, in the case of the University of Dublin, has received such degree as aforesaid, or obtained a foundation scholarship, or, if a woman, obtained a non-foundation scholarship.

(3) The expression “business premises” in this section means land, buildings, or other premises occupied for the purpose of the business, profession or trade, of the person to be registered, of the rateable value of not less than ten pounds, and includes part of a house or other building.

Where any such business premises are not separately valued the rateable value shall be deemed to be the amount which would, in the opinion of the registration officer, be the rateable value if they were separately valued.

(4) Where business premises are in the joint occupation of two or more persons, each of the joint occupiers shall, for the purposes of this Act, be treated as occupying the premises, subject as follows:—

(a) the aggregate value of the business premises must be not less than the amount produced by multiplying ten pounds by the number of joint occupiers, and

(b) not more than two joint occupiers shall be entitled to be registered in respect of the same business premises, unless they are bona fide engaged as partners, carrying on their profession, trade or business on the business premises.

(5) If a person would be qualified under this section to be registered as a Dáil elector in more than one constituency he or she may choose which of those constituencies he or she shall be registered in.

(6) A member of the defence force of Saorstát Eireann on full pay living in any barracks or other building or place belonging to or provided by the Government of Saorstát Eireann shall not be treated as ordinarily resident in such barracks, building or place, or as occupying the same for the purposes of his trade, profession or business within the meaning of this section, but shall for the purposes of this section be deemed to be ordinarily resident on the qualifying date in the constituency in which but for his service he would be ordinarily resident on the qualifying date.

(7) The statement of any member of the defence forces of Saorstát Eireann, made in the prescribed form and verified in the prescribed manner, that he would, but for his service, have been ordinarily resident on the qualifying date in a specified constituency shall, in the absence of evidence to the contrary, be conclusive evidence of that fact.

(8) A person employed in a house, part of a house or other premises at a salary shall not be treated as thereby occupying the same for the purpose of his trade, profession or business within the meaning of this section.

(9) A person who is an inmate or patient in any prison, lunatic asylum, workhouse, poorhouse, or any other similar institution shall not by reason thereof be treated as ordinarily resident therein or as occupying the same within the meaning of this section.

Seanad Electors.

2. —Every person, without distinction of sex, who is a citizen of Saorstát Eireann and has attained the age of thirty years and is not subject to any legal incapacity, whether imposed by this Act or otherwise, shall be entitled to be registered as a Seanad elector in the constituency in which he or she is registered as a Dáil elector.

Right of person registered to vote.

3. —(1) Every person registered as a Dáil elector for any constituency shall, while so registered, be entitled to vote at every Dáil election for that constituency, and also to vote in that constituency at every Referendum.

(2) Every person registered as a Seanad elector in any constituency shall, while so registered, be entitled to vote in that constituency at every Seanad election.

Provisions as to disqualifications.

4. —(1) A person shall not be disqualified from being registered, or from voting as a Dáil or Seanad elector, or from voting at a Referendum by reason that he or she or some other per on for whose maintenance he or she is responsible has received poor relief or other alms.

(2) Nothing contained in this Act shall, except as expressly provided therein confer on any person who is subject to any legal incapacity to be registered, or to vote either as a Dáil or Seanad elector, or to vote at a Referendum any right to be so registered or to vote.

(3) A person shall not be disqualified from voting at any election as a Dáil or Seanad elector, by reason of being employed for payment by or on behalf of a candidate at such election so long as the employment is legal.

Police not to be registered or vote.

5. —No member of any Police force on full pay may be registered as a Dáil or Seanad elector, or vote at any Dáil or Seanad election or at a Referendum.

Qualifying date.

6. —The qualifying date for the first register prepared under this Act shall be the 15th day of October, 1922, and the qualifying date for every subsequent register shall be the 15th day of November.

Ascertainment of elector's age.

7. —For the purposes of this Act a person's age shall be taken to be that person's age—

(a) In the case of the first register prepared under this Act, on the 15th day of October, 1922.

(b) In the case of any subsequent register, on the 15th day of November, being the qualifying date.