Next (FIRST SCHEDULE. Conduct of Election.)

29 1928

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Number 29 of 1928.


SEANAD ELECTORAL ACT, 1928.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Seanad returning officer and expenses.

3.

Period for holding of Seanad elections.

4.

Formation of panel of candidates.

5.

Nominations to panel of candidates.

6.

Preparation of panel of candidates.

7.

Finality of panel of candidates.

8.

Preparation of electoral roll.

9.

Method of voting.

10.

Method of marking votes on ballot papers.

11.

Sending of ballot papers to electors.

12.

Ascertainment of the result of a poll.

13.

Preservation of the secrecy of the voting.

14.

Election petitions in relation to Seanad elections.

15.

Non-compliance with rules.

16.

Free Postal Services.

17.

Amendment of the Electoral Act, 1923.

18.

Regulations.

19.

Repeals.

20.

Short title.

FIRST SCHEDULE.

Conduct of Election.

SECOND SCHEDULE.

The Counting of the Votes.

THIRD SCHEDULE.

Enactments Repealed.


Act Referred to

Electoral Act, 1923

No. 12 of 1923

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Number 29 of 1928.


SEANAD ELECTORAL ACT, 1928.


AN ACT TO REGULATE THE CONDUCT OF ELECTIONS OF MEMBERS OF SEANAD EIREANN AND TO PRESCRIBE THE MANNER IN WHICH PANELS OF CANDIDATES FOR SUCH ELECTIONS SHALL BE FORMED. [25th October, 1928.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1. —In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health,

the expression “Seanad election” means an election of members of Seanad Eireann held in pursuance of Article 32 of the Constitution,

the word “prescribed” means prescribed by the Minister by regulations made under this Act.

Seanad returning officer and expenses.

2. —(1) For the purpose of every Seanad election there shall be a Seanad returning officer who shall be appointed for each such election by the Minister not later than the 13th day of November preceding such election.

(2) It shall be the duty of the Seanad returning officer to conduct the election in respect of which he is appointed, to count the votes cast thereat and to ascertain and declare the result thereof in accordance with this Act and to do such other matters and things in respect of such election as he is required by this Act to do.

(3) The Minister for Finance shall prepare a scale of maximum charges for Seanad returning officers and every Seanad returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges in respect of his services and expenses in relation to the election in respect of which he was appointed but not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

Period for holding of Seanad elections.

3. —(1) Every Seanad election shall be held during the period commencing on the 16th day of November preceding the expiration of the term of office of the members retiring at such election and ending on the day of such expiration.

(2) Within fourteen days before the 15th day of November preceding a Seanad election the Minister shall by order appoint—

(a) the day (in this Act referred to as the day of issue of ballot papers) on which the ballot papers for that election are to be issued and posted to electors, and

(b) the day and hour (in this Act referred to as the close of the poll) at which the poll at that election is to be closed.

(3) Every order made by the Minister under this sub-section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Formation of panel of candidates.

4. —(1) Before every Seanad election a panel of candidates for such election shall be formed in accordance with this Act.

(2) For the purposes of Article 32a of the Constitution the day appointed by law for the completion of the formation of a panel of candidates for a Seanad election shall be the 13th day of November preceding such election or, when that day falls on a Sunday or is a bank holiday, the next day after such 13th day of November which is neither a Sunday nor a bank holiday.

Nominations to panel of candidates.

5. —(1) On or before the 13th day of November preceding a Seanad election or, when that day falls on a Sunday or is a bank holiday, on or before the next day after such 13th day of November which is neither a Sunday nor a bank holiday as many qualified persons as there are members to be elected at such election shall be nominated by Dáil Eireann voting on principles of proportional representation for inclusion in the panel of candidates for such election.

(2) On or before the 13th day of November preceding a Seanad election or, when that day falls on a Sunday or is a bank holiday, on or before the next day after such 13th day of November which is neither a Sunday nor a bank holiday as many qualified persons as there are members to be elected at such election shall be nominated by Seanad Eireann voting on principles of proportional representation for inclusion in the panel of candidates for such election.

(3) The method of proposal and selection of persons for nomination under this section by Dáil Eireann and Seanad Eireann respectively for inclusion in a panel of candidates for a Seanad election shall be decided by Dáil Eireann and Seanad Eireann respectively.

Preparation of panel of candidates.

6. —(1) Not later than the 16th day of November preceding a Seanad election the Clerk of the Dáil and the Clerk of the Seanad shall each deliver to the Seanad returning officer a statement of the names, addresses, descriptions, and qualifications of the persons nominated by Dáil Eireann and Seanad Eireann respectively for inclusion in the panel of candidates for such election.

(2) As soon as he has received the said statements the Seanad returning officer shall prepare therefrom the panel of candidates for such election and shall publish the same in the Iris Oifigiúil and shall send a copy thereof by registered post to every member of Dáil Eireann and every member of Seanad Eireann.

(3) When preparing a panel of candidates under this section the Seanad returning officer shall include in such panel the names of all persons who are named in the said statements sent to him under this section notwithstanding that any of such persons have died or are not qualified for or are or have become disqualified for membership of Seanad Eireann.

(4) A panel of candidates prepared by a Seanad returning officer under this section shall show in respect of every candidate his name, address, description, and qualifications as stated in the relevant statement furnished to the Seanad returning officer under this section but where any such statement of qualifications exceeds forty words in length the excess over such forty words shall not be inserted in the panel.

(5) Where the day which under this section is the last day for the doing of any thing falls on a Sunday or is a bank holiday such thing may be done on the next following day which is neither a Sunday nor a bank holiday.

(6) In this section the word “qualifications” means qualifications for membership of Seanad Eireann under Article 30 of the Constitution.

Finality of panel of candidates.

7. —(1) A panel of candidates for a Seanad election prepared under this Act by the Seanad returning officer shall be conclusive as to the persons who are candidates at such election notwithstanding that any of such persons are dead or are not qualified for or are or have become disqualified for membership of Seanad Eireann and notwithstanding any informality or irregularity in their nomination.

(2) In the counting of the votes cast at a Seanad election all the preferences recorded for a candidate of whose death (whether before or after the formation of the panel of candidates) the Seanad returning officer receives notice before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(3) The following candidates at a Seanad election if elected at such election shall be returned as having been so elected and shall (without prejudice to the power of a court of competent jurisdiction to declare their election void) be deemed to have been duly so elected and to vacate their seats immediately after the commencement of their term of office, that is to say:—

(a) every elected candidate who dies before the commencement of his term of office whether he so dies before, during, or after the election,

(b) every elected candidate who at the close of the poll is not qualified to be a member of Seanad Eireann whether he does or does not become so qualified before the commencement of his term of office,

(c) every elected candidate who is at the commencement of his term of office disqualified for being a member of Seanad Eireann whether he became so disqualified before, during, or after the election.

Preparation of electoral roll.

8. —(1) Not less than three days before the day appointed for the issue of ballot papers at a Seanad election the Clerk of the Dáil shall furnish to the Seanad returning officer a statement of the names and addresses of the members of Dáil Eireann and the Clerk of the Seanad shall furnish to the Seanad returning officer a statement of the names and addresses of the members of Seanad Eireann.

(2) The addresses of members of Dáil Eireann and of members of Seanad Eireann to be given in the said statements shall be their ordinary addresses save that if any such member gives to the Clerk of the Dáil or the Clerk of the Seanad (as the case may require) a special address for the purpose of such statement such special address shall be given in such statement in lieu of the ordinary address of such member.

(3) Upon receipt of the said statements of the names and addresses of the members of Dáil Eireann and Seanad Eireann, the Seanad returning officer shall prepare an electoral roll and shall set out thereon in alphabetical order of surnames and in cases of identity of surnames in alphabetical order of other names all the names and addresses contained in the said statements and shall number the said names consecutively on the said electoral roll.

(4) Every electoral roll prepared under this section shall be kept open to inspection without charge in the office of the Seanad returning officer by any member of Dáil Eireann or of Seanad Eireann until the close of the poll at the election to which the roll relates.

(5) Every electoral roll prepared under this section shall be final and conclusive and not open to review by any Court and the persons whose names are set out in an electoral roll and no other persons shall be entitled to vote at the election to which the roll relates.

Method of voting.

9. —(1) The voting at a Seanad election shall be on the principle of proportional representation and each elector shall have one transferable vote which shall be given by ballot.

(2) At a Seanad Election the ballot of each voter shall consist of a paper (in this Act called a ballot paper) containing a list of the candidates described by their names, addresses, and descriptions as stated in the panel of candidates for that election and arranged alphabetically in the order of their surnames and, in the case of identity of surnames, of their other names and either in one continuous column or in such other manner (without departing from the said alphabetical order) as in the opinion of the Minister is best calculated to facilitate marking and counting.

(3) The ballot papers shall be in the prescribed form and each ballot paper shall have a number printed on the back and shall have attached a counterfoil with the same number printed on the face and every ballot paper shall at the time of issue thereof be marked on both sides with an official mark either stamped or perforated.

(4) The surname of each candidate shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters save that whenever the surnames of two or more candidates are the same there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or of both the address and the description of each such candidate as will, in the opinion of the Seanad returning officer, effectively distinguish such candidate.

Method of marking votes on ballot papers.

10. —(1) An elector in giving his vote must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his ballot paper the figures 2 and 3, or 2, 3, and 4 and so on opposite the names of other candidates in the order of his preference.

(2) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which the figure 1 standing alone indicating a first preference for some candidate is not placed, or

(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

(d) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate, or

(e) on which anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted.

Sending of ballot papers to electors.

11. —(1) On the day appointed for the issue of ballot papers at a Seanad election the Seanad returning officer shall send by registered post to each person whose name is on the electoral roll for that election at the address stated on such roll a ballot paper together with a form of declaration of identity.

(2) Whenever a person to whom a ballot paper for a Seanad election should be sent under the foregoing sub-section states in writing to the Seanad returning officer that more than twenty-four hours have elapsed since such ballot paper should have been delivered to him in the ordinary course of post and that he has not received such ballot paper and that he desires a duplicate ballot paper and declaration of identity to be issued to him, the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at the address mentioned in the foregoing sub-section a ballot paper and form of declaration of identity which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(3) Every declaration of identity shall be in the prescribed form and shall be exempt from stamp duty and shall be a statutory declaration under the Statutory Declarations Act, 1835, and if made in Saorstát Eireann shall be made before a peace commissioner, commissioner for oaths, or notary public to whom he is personally known, and if made outside Saorstát Eireann shall be made before a person to whom he is personally known and who is authorised by the law of the place in which it is made to administer oaths.

(4) Every person entitled to vote at a Seanad election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking and returning by registered or ordinary post to the Seanad returning officer a ballot paper sent to him under this section together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(5) Whenever a person entitled to vote at a Seanad election states in writing to the Seanad returning officer that he duly returned by registered post to the Seanad returning officer a ballot paper and form of declaration of identity sent to him under this section and that the same do not appear to have been delivered to the Seanad returning officer and that he desires a duplicate ballot paper and declaration of identity to be issued to him the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at the address mentioned in the first sub-section of this section a ballot paper and form of declaration of identity which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(6) The Seanad returning officer in sending out, receiving, and otherwise dealing with the ballot papers at a Seanad election shall observe the rules contained in the First Schedule to this Act.

Ascertainment of the result of a poll.

12. —(1) As soon as conveniently may be after the close of the poll the Seanad returning officer shall, in the presence of such candidates as may be in attendance, ascertain the result of the election in accordance with this Act and in particular the Rules contained in the First and Second Schedules to this Act and shall declare to be elected the candidates who are so ascertained to be elected and shall return their names to the Clerk of the Dáil and to the Clerk of the Seanad.

(2) The decision of the Seanad returning officer as to any question arising on the ballot papers, the declarations of identity, or the envelopes containing the same or any other matter arising on the issue, receipt, or counting of the votes shall be final subject to reversal by a Court trying an election petition in relation to the election.

Preservation of the secrecy of the voting.

13. —(1) The Seanad returning officer and every officer and clerk concerned in the issue, receipt, or counting of ballot papers at a Seanad election and every candidate present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not before the completion of the election communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of the ballot paper sent to any elector.

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of his ballot paper by any elector at a Seanad election.

(3) No person shall directly or indirectly induce any elector at a Seanad election to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the name of the candidate for whom he has marked his vote on such ballot paper.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment, with or without hard labour, for any term not exceeding six months.

Election petitions in relation to Seanad elections.

14. —(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Eireann shall apply to Seanad elections with the following modifications, that is to say:—

(a) the court trying an election petition in relation to a Seanad election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require,

(b) where the said court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected,

(c) the said court shall have power to determine and declare the order in which the candidates elected at the election (whether returned as so elected or determined by the court to have been so elected) were elected,

(d) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election,

(e) references to the House of Commons shall be construed as references to Seanad Eireann and references to the Speaker of the House of Commons shall be construed as references to the Cathaoirleach of Seanad Eireann.

(2) No person who has voted at a Seanad election shall in any legal proceedings to question the election or return of any candidate at such election be required to state for whom he has voted.

Non-compliance with rules.

15. —No election of a candidate at a Seanad election shall be declared void by reason only of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms prescribed under this Act, 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 body of this Act, and that such non-compliance or mistake did not affect the result of the election.

Free Postal Services.

16. —All postal services (including all registration services) wholly within Saorstát Eireann in relation to the issue and return of ballot papers at a Seanad election shall be performed by the Minister for Posts and Telegraphs without prepayment of the charges therefor and all such charges shall be deemed to be part of the Seanad returning officer's expenses and shall be defrayed accordingly.

Amendment of the Electoral Act, 1923 .

17. —(1) So much of section 11 of the Electoral Act, 1923 (No. 12 of 1923), and the First Schedule to that Act as enacts that the annual register to be compiled under that section and schedule shall contain the names of those entitled to vote as or to be registered as Seanad electors shall cease to have effect.

(2) Sub-section (1) of section 57 of the Electoral Act, 1923 , shall be construed and have effect as if the words “the age of thirty years or upwards” were inserted therein in lieu of the words and figures “the age of 35 years or upwards” now contained therein.

(3) In the Electoral Act, 1923 , the word “election” and cognate words when used without qualification shall not (save in Part VII. (which relates to membership of Seanad Eireann) of the said Act) include or be construed as referring to a Seanad election.

Regulations.

18. —(1) The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within twenty one days on which such House has sat after such regulation is laid before it, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Repeals.

19. —The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Short title.

20. —This Act may be cited as the Seanad Electoral Act, 1928.