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42 1947

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947

Chapter III.

Oireachtas Sub-panel Casual Vacancies.

Obligation to hold election to fill Oireachtas sub-panel casual vacancy.

66. —Where the Minister makes a Seanad bye-election order in respect of a casual vacancy in the membership of Seanad Eireann which is stated in such order to be a vacancy in respect of the Oireachtas sub-panel of a particular panel, the Seanad returning officer shall hold, in accordance with this Chapter, an election to fill the vacancy and shall for that purpose send to the Clerk of Dáil Eireann a copy of the Seanad bye-election order together with such number of forms of nomination paper as such Clerk may reasonably require.

Nomination of candidates for Oireachtas sub-panel casual vacancy.

67. —(1) The following provisions shall have effect in relation to the nomination of candidates at an election to fill an Oireachtas sub-panel casual vacancy:

(a) a nomination shall be made in writing on a nomination paper in the prescribed form;

(b) a nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein, and in particular, a statement of the qualifications of the person thereby nominated for the panel mentioned in the relevant Seanad bye-election order;

(c) a nomination paper shall be signed by one member of the Oireachtas as proposer and by eight other members of the Oireachtas as assenting to the nomination;

(d) a nomination paper shall be delivered or sent by post to the Seanad returning officer.

(2) Where the Seanad returning officer receives a nomination paper before four o'clock in the afternoon on the day before the day which is appointed by the relevant Seanad bye-election order to be the last day for receiving nominations, the Seanad returning officer shall forthwith communicate in writing to the Clerk of Dáil Eireann the fact of the nomination paper having been so received and the name, address, and description, as stated in the nomination paper, of the candidate and the name, as similarly stated, of the proposer of the candidate.

(3) As soon as may be after twelve o'clock noon on the day which is appointed by the relevant Seanad bye-election order to be the last day for receiving nominations, the Seanad returning officer shall send to the Clerk of Dáil Eireann a list stating (in the alphabetical order of their surnames and, in case of identity of surname, their other names) the names, addresses, and descriptions, as stated in their respective nomination papers, of the candidates in respect of whom he had received nomination papers before twelve o'clock noon aforesaid and also stating, in respect of every such candidate, the name, as similarly stated, of his proposer.

(4) Any nomination paper received by the Seanad returning officer after twelve o'clock noon on the day which is appointed by the relevant Seanad bye-election order to be the last day for receiving nominations shall be void.

(5) If a member of the Oireachtas signs two or more nomination papers as proposer or as assenting (whether he signs both or all of the nomination papers in the same or in different capacities), both or all of the nomination papers shall be wholly void.

(6) Where the Seanad returning officer receives a nomination paper at an election to fill an Oireachtas sub-panel casual vacancy (other than a nomination paper declared by this Act to be wholly void or a nomination paper so received after the time limited by this Act for such receipt), he shall hold the nomination paper available for inspection by candidates between the hours of 10 a.m. and 1 p.m. on week-days during the period beginning on the day after the day of receipt of the nomination paper and ending on the day of the ruling upon nomination.

The ruling upon nomination for Oireachtas sub-panel casual vacancy.

68. —(1) Where a Seanad bye-election order relates to an Oireachtas sub-panel casual vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by the order for the ruling upon nomination, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nomination) at which he shall rule upon the nominations in respect of which nomination papers were received by him before twelve o'clock noon on the day appointed by the order to be the last day for receiving nominations.

(2) The following provisions shall have effect in relation to every ruling upon nomination held in pursuance of this section:

(a) the Seanad returning officer shall produce the several nomination papers received by him before twelve o'clock noon on the last day for receiving nominations and shall consider and rule upon the validity of each such nomination paper and of the nomination purported to be made thereby;

(b) the Seanad returning officer shall reject as invalid the nomination of any person in respect of whom he rules that the nomination paper of such person or the nomination thereby made is invalid or in respect of whom he is not satisfied that such person possesses the qualifications stated in subsection 1° of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant Seanad bye-election order;

(c) the Seanad returning officer shall rule as valid every nomination which he does not reject in pursuance of paragraph (b) of this subsection;

(d) when the Seanad returning officer rules as valid the nomination of any person, he shall forthwith enter in a list (in this Act referred to as the list of candidates) the name, address, and description of such person as stated in his nomination paper and the name of his proposer as similarly stated and a statement, in such form as the Seanad returning officer thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on the panel mentioned in the relevant Seanad bye-election order;

(e) when the Seanad returning officer has considered and ruled upon all the said nomination papers and the nominations made thereby, if only one person stands validly nominated the Seanad returning officer shall declare that person to be elected, but if two or more persons stand validly nominated, the Seanad returning officer shall adjourn the election and take a poll in accordance with the subsequent provisions of this Chapter.

(3) Immediately upon the completion of the ruling upon nomination, the Seanad returning officer shall sign the list of candidates and that list as so signed shall be conclusive evidence as to the persons who stand, or person who stands, validly nominated.

Electoral roll for Oireachtas sub-panel casual vacancy.

69. —(1) Where the Seanad returning officer adjourns an election under this Chapter for the purpose of taking a poll, he shall forthwith inform the Clerk of Dáil Eireann in writing of the adjournment, and send to him a copy of the list of candidates, and the said Clerk shall, not more than four days after being so informed, furnish to the Seanad returning officer a statement of the names, addresses, and descriptions of all the members of Dáil Eireann who are then entitled to sit and vote in that House.

(2) On receipt of a statement furnished pursuant to subsection (1) of this section in relation to an election, the Seanad returning officer shall prepare a list stating—

(a) the names, addresses and descriptions included in such statement, and

(b) the names, addresses and descriptions of all the members of Seanad Eireann who are then entitled to sit and vote in that House,

and the list shall be the electoral roll for the election and shall be final and conclusive.

(3) The several persons named in an electoral roll constituted under this section, and no other person, shall be entitled to vote at the poll at the election in respect of which such electoral roll is so constituted.

(4) The death of a person named in an electoral roll constituted under this section (whether such death occurred before or after the statement referred to in subsection (1) of this section was sent by the Clerk of Dáil Eireann to the Seanad returning officer) shall not prejudice or affect the validity or operation of the electoral roll.

Ballot papers for Oireachtas sub-panel casual vacancy.

70. —(1) The following provisions shall have effect in relation to the ballot papers at an election under this Chapter:—

(a) a ballot paper shall contain the names, addresses, and descriptions, of all the candidates arranged in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and either in one continuous column or in two or more columns as the Seanad returning officer, with the consent of the Minister, considers to be most convenient;

(b) the surnames of the several candidates shall be printed on a ballot paper 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.

(2) Subject to the provisions of subsection (1) of this section, the ballot papers shall be in the prescribed form and each ballot paper shall have a number printed on the back thereof and shall have attached thereto a counterfoil with the same number printed on the face of such counterfoil, and every ballot paper shall, at the time of issue thereof, be marked on both sides thereof with an official mark either stamped or perforated.

Method of marking votes on ballot paper for Oireachtas sub-panel casual vacancy.

71. —(1) An elector in giving his vote at an election under this Chapter must place on the ballot paper the figure 1 opposite the name of the candidate for whom he votes, and he may in addition place on the 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 is not placed at all or is not so placed as to indicate a first preference for some candidate, 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 shall not be counted.

Sending of ballot papers to electors.

72. —(1) On the day appointed for the issue of ballot papers at an election under this Chapter, 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 electoral roll a ballot paper together with a form of declaration of identity.

(2) Where a person to whom a ballot paper for an election under this Chapter should be sent under subsection (1) of this 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 the election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at the election, may send by registered post to such person at the address mentioned in subsection (1) of this section a ballot paper and a declaration of identity both of 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 such declaration of identity shall be in the prescribed form.

(4) The Seanad returning officer shall, when sending out ballot papers in pursuance of this section, observe the rules contained in the Third Schedule to this Act.

Method of voting for Oireachtas sub-panel casual vacancy.

73. —(1) Every person entitled to vote at an election under this Chapter shall be entitled to vote at that election in the following and in no other manner, that is to say, by marking and returning by registered or ordinary post to the Seanad returning officer the ballot paper sent to him under section 72 of this Act together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(2) Where a person entitled to vote at an election under this Chapter states in writing to the Seanad returning officer that he duly returned by registered post to the Seanad returning officer the ballot paper and form of declaration of identity sent to him under section 72 of this Act and that they 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 the election shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at the election, may send by registered post to such person at his address as stated on the electoral roll a ballot paper together with a form of declaration of identity both of 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.

(3) The Seanad returning officer in receiving and otherwise dealing with the ballot papers at a Seanad election shall observe the rules contained in the Third Schedule to this Act.

Ascertainment of the result of election for Oireachtas sub-panel casual vacancy.

74. —(1) As soon as conveniently may be after the poll at an election under this Chapter has been closed, the Seanad returning officer shall, in the presence of such candidates as may be in attendance, ascertain separately, in accordance with this Act and in particular the rules contained in the Second and Third Schedules to this Act, the result of the election and shall declare to be elected the candidate who is so ascertained to be elected.

(2) The decision of the Seanad returning officer as to any question arising at an election under this Chapter on the ballot papers, the declarations of identity, or the envelopes containing the same or any other matter arising on the issue or the receipt of the ballot papers or on the counting of the votes shall be final, but subject, where an objection in writing to the decision has been delivered to the Seanad returning officer before the declaration of the result of the election, to review by a court trying an election petition in relation to the election.

Election petitions in relation to elections for Oireachtas sub-panel casual vacancies.

75. —(1) The enactments relating to the presentation and trial of election petitions in relation to election of members of Dáil Eireann shall apply to elections under this Chapter with the following modifications:

(a) the court trying an election petition in relation to an election under this Chapter shall not have power to declare the whole election to be void but may declare the election of the candidate 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 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;

(d) references (including references by adaptation) to Dáil Eireann shall be construed as references to Seanad Eireann, and references (including references by adaptation) to the Chairman or the Ceann Comhairle of Dáil Eireann shall be construed as references to the Chairman of Seanad Eireann.

(2) A person who has voted at an election under this Chapter shall not, in any legal proceedings to question the election or return of any candidate at the election, be required to state for whom he has voted.