I, DONNCHA Ó GALLCHOBHAIR, Minister for the Gaeltacht, in exercise of the powers conferred on me by section 33 of the Údarás na Gaeltachta Act, 1979 (No. 5 of 1979), hereby make the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:--

PART I. Preliminary and General.

Citation.

1. These Regulations may be cited as the Údarás na Gaeltachta Elections Regulations, 1979.

Interpretation.

2. (1) In these Regulations, except where the context otherwise requires,--

"the Act" means the Údarás na Gaeltachta Act, 1979 (No. 5 of 1979);

"ballot paper" has the meaning assigned to it by Regulation 29;

"covering envelope" has the meaning assigned to it by Regulation 33;

"deposit" means the sum of money required by Regulation 16 to be deposited with the returning officer by or on behalf of a candidate;

"election" means an election under Part IV of the Act;

"elector" means, in relation to an election, a person whose name appears in the electors' list as entitled to vote at that election;

"electors' list" has the meaning assigned to it by Regulation 7;

"excluded day" means a day which is a Sunday, a public holiday for the purposes of the Holidays (Employees) Act, 1973 , or a bank holiday;

"the Minister" means the Minister for the Gaeltacht;

"Notice of Election" has the meaning assigned to it by Regulation 14;

"official mark" has the meaning assigned to it by Regulation 30;

"personation agent" means a person appointed as an agent under Regulation 12 (3);

"polling card" has the meaning assigned to it by Regulation 35;

"polling day" means, in relation to an election, the day fixed under Regulation 6 (1) for the holding of the poll at that election;

"polling place" means a polling place appointed by a scheme in force under Regulation 5;

"postal ballot box" means a ballot box provided under Regulation 34 for the reception of covering envelopes returned by postal voters;

"postal ballot paper" means a ballot paper issued to a postal voter pursuant to Regulation 33;

"the returning officer" means the person appointed by the Minister under section 32 (1) of the Act in respect of a constituency;

"an tÚdarás" has the meaning specified in section 6 (1) of the Act.

(2) In these Regulations a reference to a constituency is a reference to a constituency specified in section 29 (1) of the Act.

(3) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, and a reference to a paragraph is to a paragraph of the Regulation in which the reference occurs.

Forms.

3. Each form in the Schedule to these Regulations shall be used for the purpose for which the form is expressed to be applicable, and a reference in these Regulations to a particular form is a reference to that form as set out in that Schedule.

Names of constituencies.

4. (1) The constituency specified in section 29 (1) (a) of the Act shall be called Gaeltacht Dhún na nGall.

(2) The constituency specified in section 29 (1) (b) of the Act shall be called Gaeltacht na Gaillimhe, Mhaigh Eo agus na Mí.

(3) The constituency specified in section 29 (1) (c) of the Act shall be called Gaeltacht Chiarraí, Chorcaí agus Phort Láirge.

Polling scheme.

5. (1) For the purposes of elections the returning officer shall make a scheme dividing his constituency into polling districts and appointing a polling place for each polling district.

(2) The returning officer may at any time (and shall if the Minister so directs) amend a scheme under this Regulation.

(3) A polling place appointed by a scheme under this Regulation shall be an area and may be within or outside the constituency or polling district to which it relates, but shall be such as to give the electors allocated to it reasonable facilities for voting.

(4) Where because of any difficulty a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the returning officer may provide a polling station or polling stations at any other convenient place.

(5) An election shall not be invalidated on the grounds of any noncompliance with a provision of this Regulation or any informality in regard to polling districts, places or stations.

Elections.

6. (1) The poll at an election shall be held on such day and continue for such period, between the hours of 8.30 a.m. and 10.30 p.m. (not being less than 12 hours), as may be fixed by the Minister by order.

(2) An order under this Regulation shall be published in Iris Oifigiúil as soon as practicable after it is made.

Electors' list.

7. (1) As soon as practicable after the making of an order fixing the polling day at an election, the returning officer shall in respect of his constituency compile and publish a register of electors (in these Regulations referred to as the "electors' list") of persons who, in accordance with section 31 of the Act, are entitled to vote at that election.

(2) ( a ) The name and address of each such person shall be as shown in the register of local government electors in force on the polling day and, where the person is identified on such register as a postal voter, he shall be similarly identified on the electors' list.

( b ) the names shall be arranged under polling districts and numbered consecutively.

(3) The returning officer shall not include in the electors' list the name of any person who is not registered in the register of local government electors which is in force on the polling day.

(4) The returning officer shall during the period between the publication of the electors' list and the polling day maintain a copy of the electors' list at his office and shall allow any person to inspect the copy during office hours.

(5) Where, during the period beginning on the publication of the electors' list and ending on the seventh day before the polling day, the returning officer ascertains that any corrections in the electors' list are necessary because of errors of a clerical or typographical nature, he shall publish a list of such corrections and such list shall be deemed to form part of the electors' list.

(6) As soon as possible after the publication of the electors' list, the returning officer shall send a copy of the list (including any list of corrections) to the Minister and shall also, on request, supply a copy free of charge to each candidate at the election.

(7) The returning officer shall provide as many copies of the electors' list as he considers necessary for the purposes of the election.

Deputy returning officer.

8. (1) The returning officer may at any time revoke the appointment of a deputy returning officer appointed by him under section 32 (2) (b) of the Act or the delegation of any functions made by him under that section.

(2) A deputy returning officer shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions delegated to him or for which he is appointed.

(3) Any reference in these Regulations to the returning officer in relation to any act, matter or function for which a deputy returning officer is appointed under section 32 (2) (b) of the Act shall, unless the context otherwise requires, be construed as a reference to the deputy returning officer.

Election office.

9. The returning officer shall appoint some convenient place to be his office for the purposes of the election.

Scale of maximum charges for returning officers.

10. (1) The Minister shall, with the concurrence of the Minister for Finance, prepare a scale of maximum charges for returning officers and every returning officer shall be paid by the Minister, out of moneys provided by the Oireachtas, reasonable charges in respect of his services and expenses in relation to every election in respect of which he is the returning officer, not exceeding the maximum charges specified in the scale prepared under this Regulation and applying for the time being.

(2) On the request of the returning officer for an advance on account of his expenses for conducting an election, the Minister may make an advance on such terms as he thinks fit.

Returning officer not to employ person employed by candidate, etc.

11. A returning officer shall not employ in any capacity for the purposes of an election a person who has been employed by or on behalf of a candidate in or about the election or has been actively associated in furthering the candidature of any candidate at the election.

General provisions as to agents.

12. (1) Each candidate may appoint agents to be present on his behalf--

(a) at the issue of ballot papers to postal voters,

( b ) in polling stations,

( c ) at the opening of the postal ballot boxes, and

( d ) at the counting of the votes.

(2) Subject to paragraph (3) the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer and the same number shall be allowed on behalf of every candidate.

(3) Each candidate may appoint one person to be present as his agent in each polling station in the constituency for which he has been nominated for the purpose of assisting in the detection of personation.

(4) A candidate may at any time revoke the appointment under this Regulation of any person as his agent.

(5) Each candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the returning officer of the name and address of every agent appointed by the candidate to be present at that issue and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.

(6) ( a ) Each candidate shall, not later than two days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every personation agent appointed by the candidate together with the name of the polling station for which the personation agent is appointed.

( b ) Every personation agent appointed in accordance with this Regulation and whose name and address have been duly notified to the returning officer shall be entitled to be present in that polling station during the period commencing thirty minutes before the hour fixed by the Minister for the commencement of the poll and ending when the ballot boxes and documents have been sealed by the presiding officer as provided by Regulation 53.

(7) Each candidate shall, not later than two days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate to be present at the opening of the postal ballot boxes and the counting of the votes, respectively, and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened and to the place where the votes are to be counted, respectively, any agent whose name and address have not been so notified to him.

(8) Where the appointment of any agent is revoked or where any agent appointed by a candidate dies or becomes incapable of acting during the election, the candidate may appoint another agent in his place and shall forthwith give written notice to the returning officer of the name and address of the agent so appointed.

(9) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on his behalf by an agent and may be present at any place at which any such agent may, in pursuance of these Regulations, be present.

(10) Any thing required by these Regulations to be done in the presence of the agents of the candidates shall not be invalidated by reason only of any such agent or agents not being present at the time and place appointed for doing such thing.

Publication of notices

13. Any public notice required by these Regulations to be given may be given by means of--

( a ) advertisement in one or more than one newspaper circulating in the area to which the notice relates,

( b ) posters exhibited in suitable positions throughout that area,

( c ) any other method which the returning officer thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified, or

( d ) two or more of the foregoing methods.

PART II. Nominations.

Notice of election.

14. The returning officer for an election shall, not later than the twenty-eighth day before the polling day, give public notice of the election (in these Regulations referred to as the "Notice of Election") stating--

( a ) the times for receiving nominations,

( b ) the amount of the deposit,

( c ) the times and place at which nomination papers may be obtained,

( d ) the times and place at which he will attend to receive nominations, and

( e ) the day and the period fixed for the holding of the poll if the election is contested.

Nominations of candidates.

15. (1)A person shall not be entitled to have his name inserted in a ballot paper as a candidate at an election unless he has been nominated in the manner provided by these Regulations and his nomination paper has been ruled as valid by the returning officer.

(2) A person may nominate himself as a candidate at an election or may, with his consent, be nominated by another person (being a person registered as an elector in the constituency for which he proposes to nominate the candidate) as proposer.

(3) Each candidate shall be nominated by a separate nomination paper in Foirm UG 1.

(4) At an election a person may not be nominated as a candidate in respect of more than one constituency.

(5) Each nomination paper shall state the names (with the surname first) and the address of the candidate.

(6) The returning officer shall provide nomination papers, at such times and place as are specified in the Notice of Election, on each week-day (other than a Saturday or excluded day) between the publication of that Notice and up to 12 noon on the latest date for receiving nominations, and shall supply a nomination paper (or papers) free of charge to any person applying therefor but the use of a paper supplied by the returning officer shall no be obligatory if the nomination paper used is in Foirm UG 1.

Deposit by candidates.

16. (1) Each candidate at an election, or someone on his behalf, shall, not later than the latest time for the receipt of nominations, deposit with the returning officer the sum of £10 and if he fails to do so his candidature shall be deemed to have been withdrawn.

(2) The deposit may be made by means of any legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit.

17. (1) The deposit made by or on behalf of a candidate shall be returned where the candidate--

( a ) withdraws his candidature in accordance with Regulation 23,

( b ) dies before the poll is closed,

( c ) has not, not later than the latest time for the receipt of nominations, been validly nominated as a candidate,

( d ) is elected, or

( e ) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one-third of the quota.

(2) Any deposit which is not to be returned under this Regulation shall be forfeited.

(3) Where a deposit is to be returned under paragraph (1) it shall be returned to the person by whom it was made; provided that a deposit made by a candidate who dies before the poll is closed shall be returned to his personal representative.

(4) A deposit forfeited under this Regulation shall be applied by the returning officer towards his expenses for conducting the election and shall be accounted for by him accordingly.

Times for receiving nominations.

18. At an election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest date for the publication of the Notice of Election and the latest time for receiving nominations shall be 12 noon on the seventh day after the latest date for the publication of that Notice.

Delivery of nomination papers.

19. (1) Every nomination paper shall be delivered to the returning officer within the times specified in Regulation 18.

(2) The delivery of the nomination paper shall be made by the candidate in person but, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.

(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the Notice of Election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on such latest date.

(4) The candidate nominated by each nomination paper and his proposer, if any, and one other person designated by the candidate or his proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

Selection of nomination papers.

20. The returning officer shall number the nomination papers in the order in which they are received by him, and the first valid nomination paper received by him nominating a candidate for election shall be deemed to be the nomination of that candidate.

Ruling on validity of nomination papers.

21. (1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him and may rule that it is invalid if, but only if, he considers that it is not properly made out or signed.

(2) ( a ) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision (which shall be final) on the nomination paper and shall sign the note.

( b ) If he rules that the paper is invalid, he shall include a statement of his reasons.

(3) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of his ruling to the candidate.

(4) Every person in respect of whom a nomination paper has, under this Regulation, been determined to be valid and whose candidature is not deemed under Regulation 16 (1) or 27 (1) to have been withdrawn shall stand validly nominated as a candidate.

Publication of nominations.

22. The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, give public notice specifying the name and address of the person nominated in the paper and the name and address of any proposer.

Withdrawal of candidature.

23. (1) A candidate may, not later than the latest time for the receipt of nominations, withdraw his candidature by a notice of withdrawal signed by him and delivered in person by him or by his proposer to the returning officer.

(2) Where the returning officer is satisfied that a candidate or his proposer is unable to attend and wishes to withdraw his candidature, withdrawal may be effected by delivering to the returning officer, not later than the time specified in paragraph (1), a notice of withdrawal signed by the candidate and by the person delivering the notice.

Publication of withdrawal.

24. The returning officer shall, immediately on the delivery to him of a notice of withdrawal under Regulation 23, give public notice of the withdrawal and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person.

Obstruction of nominations.

25. (1) If the proceedings for or in connection with the nomination of candidates at an election for a constituency are obstructed by violence the returning officer may adjourn the proceedings to the next following day (disregarding any excluded day) and, if he considers it necessary, he may further adjourn the proceedings until the obstruction shall have ceased.

(2) Where any proceedings for or in connection with such nomination are adjourned under this Regulation, the latest date for receiving nominations and the date for the taking of the poll in the constituency shall be postponed for a period equal to the period of such adjournment, and the returning officer shall so inform the Minister who may by order appoint the day for the taking of the poll in the constituency.

Procedure after nominations.

26. (1) If, at 12 noon on the day next following the latest date for receiving nominations,--

( a ) the number of candidates standing nominated for a constituency exceeds the number of members to be elected for that constituency, the returning officer shall adjourn the election for that constituency and shall take a poll in accordance with the Act and in the manner directed by these Regulations, or

( b ) the number of candidates standing nominated for a constituency is equal to or less than the number of members to be elected for the constituency, the returning officer shall forthwith declare the candidates standing nominated to be elected and shall return their names and give public notice in accordance with Regulation 74.

(2) If, at 12 noon on the day next following the latest date for receiving nominations, either no candidate stands nominated for a constituency or the candidates standing nominated are less in number than the number to be elected for a constituency, the vacancy or vacancies arising from the deficiency in the number of candidates standing nominated shall be deemed to be casual vacancies and shall be filled accordingly.

PART III. Death of a Candidate.

Death of a candidate.

27. (1) Where, not less than 48 hours before the latest time for receiving nominations, the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.

(2) Where, at any time during the period beginning 48 hours before the latest time for receiving nominations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election for a constituency has died, the following provisions shall have effect in relation to the election for that constituency:--

( a ) all the proceedings for the election shall be commenced afresh, but any surviving candidate standing nominated for the countermanded election at the time when the returning officer became satisfied of the death of the candidate shall be deemed to have been nominated for the fresh election;

( b ) if notice of the poll has been given, the returning officer shall forthwith countermand the poll;

( c ) the returning officer shall forthwith give public notice that all acts done in connection with the election ( other than the nominations of the surviving candidates) are void and that a fresh election will be held;

( d ) the returning officer shall forthwith publish the Notice of Election in relation to the fresh election;

( e ) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the publication of the said Notice of Election and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following that date;

( f ) the poll at the fresh election shall be taken either on such day being not more than seven days after the latest date for receiving nominations (and shall continue for such period as shall be fixed by the returning officer) or on the day and during the period fixed by the Minister under Regulation 6 (1), whichever is the later.

(3) Where, at any time after the commencement of the poll at an election for a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate standing nominated for election for that constituency has died--

( a ) all votes cast at the election for that constituency shall be disregarded and the ballot papers destroyed;

( b ) subparagraphs (a) and (c) to (f) of paragraph (2) shall apply to the election for that constituency.

(4) The death of a candidate standing nominated at an election in circumstances other than those referred to in paragraphs (1) to (3) shall not invalidate his nomination or any preference recorded for him and, if he is elected, his election shall not be invalidated by reason of his death, but he shall be deemed to have vacated his membership of an tÚdarás on the day on which he would have become a member, and the vacancy shall be deemed to be a casual vacancy and shall be filled accordingly.

(5) Where a poll is countermanded under this Regulation all postal ballot papers issued in relation to that poll shall be disregarded and the returning officer shall destroy, without opening, all covering envelopes received by him.

PART IV. The Poll.

Notice of the poll.

28. Where an election is adjourned for the purpose of taking a poll the returning officer shall, as soon as practicable after the adjournment, give public notice of--

( a ) the day on which and the hours during which the poll will be taken,

( b ) the names and addresses of the candidates standing nominated as entered in their nomination papers, and of the proposers, if any, and

( c ) the order in which the names of the said candidates will appear on the ballot papers.

Ballot papers.

29. (1) The ballot of every voter at an election shall consist of a paper (in these Regulations called a "ballot paper") in Foirm UG 2.

(2) Each ballot paper shall be prepared in accordance with the following directions:--

( a ) each ballot paper shall contain the names and addresses of the candidates standing nominated, as shown in their respective nomination papers, the names being arranged alphabetically in the order of the surnames or, if there are two or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer;

( b ) the surname of each candidate shall be printed in large characters and his name and address (as appearing in his nomination paper) shall be printed in ordinary characters;

( c ) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the order required under subparagraph (a) of this paragraph) as, in the opinion of the returning officer, is best for marking and counting, and the spaces on the ballot paper in which the candidates' names and addresses appear shall be the same size for each candidate;

( d ) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number, the numbers on the ballot papers being printed in the smallest characters compatible with legibility and being printed on or about the centre of the paper.

(3) Nothing shall appear on the ballot paper that is not in accordance with the directions in paragraph (2).

The official mark.

30. (1) Every ballot paper shall at the time of issue be marked with an official mark (in these Regulations referred to as the "official mark") which shall be either embossed or perforated so as to be visible on both sides of the paper and for this purpose the returning officer shall provide a sufficient number of marking instruments.

(2) The returning officer shall ensure that the official mark is kept secret and that any particular mark is not used at two consecutive elections in the constituency.

Ballot boxes.

31. Every ballot box shall be so constructed that it can be securely locked, that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the lock and the aperture for the insertion of ballot papers can be sealed.

Use of local elections ballot boxes, etc.

32. For the purposes of an election in a constituency any ballot boxes, fittings for polling stations and compartments provided for local elections in a county part of which is comprised in that constituency may be used, and it shall be the duty of the returning officer to make use so far as practicable of such ballot boxes, fittings and compartments, and any damage (other than reasonable wear and tear) caused to any such ballot boxes, fittings and compartments by such user shall be paid as part of the expenses of the election.

Issue of postal ballot papers.

33. (1) Every elector who is identified as a postal voter on the electors' list for a constituency shall be entitled to vote at the poll at an election for that constituency by sending his ballot paper by post to the returning officer and shall not be entitled to vote in any other manner at an election.

(2) As soon as practicable after the adjournment of an election for the purpose of taking a poll the returning officer shall send by post to every such elector a ballot paper and a form of receipt.

(3) ( a ) Each ballot paper so issued shall be marked with the official mark.

( b ) The number (including polling district letter), name and address of such elector shall be called out and a mark shall be placed in a copy of the electors' list against the number of the elector to denote that a ballot paper has been issued to him, but without identifying the ballot paper.

(4) The returning officer shall place in an envelope addressed to the postal voter--

( a ) the ballot paper,

( b ) the form of receipt,

( c ) an envelope (in these Regulations referred to as a "covering envelope") addressed to the returning officer, and

( d ) a smaller envelope, marked "Clúdach an Pháipéir Bhallóide",

and shall effectually close the first-mentioned envelope.

(5) The returning officer shall count all envelopes addressed to the postal voters and forthwith deliver the envelopes to the nearest head post office or such other post office as may be arranged by him with the head postmaster; and the postmaster shall stamp with the post office date stamp a statement, to be presented by the returning officer, of the number of envelopes so delivered and shall immediately forward the envelopes for delivery to the persons to whom they are addressed.

(6) Where an envelope issued to a postal voter in accordance with this Regulation is returned to the returning officer before the polling day as not having been delivered to the postal voter, the returning officer may re-address the envelope and send it by post to that voter.

(7) As soon as practicable after the completion of the issue of the postal ballot papers the returning officer, in the presence of the agents of the candidates, shall seal up in separate packets the marked copy of the electors' list and the counterfoils of the ballot papers, endorsing on each packet a description of its contents and the name of the constituency and the date of the election to which it relates.

(8) The returning officer shall give each candidate at an election at least twenty-four hours' notice in writing of the time and place at which, if the election is contested, he will issue ballot papers to postal voters and of the number of persons each candidate may appoint as agents to attend such issue.

(9) The returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates and no other person, except with the permission of the returning officer, may be present at the issue of postal ballot papers.

Reception and custody of postal ballot papers.

34. (1) ( a ) The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes returned by postal voters.

( b ) He shall show each such ballot box open to the agents of the candidates present at the time of the issue of postal ballot papers and shall then seal it and mark it "Bosca Postbhallóide".

( c ) The returning officer shall make provision for the safe custody of every such box.

(2) The returning officer, on the receipt by him of a covering envelope, shall immediately place it unopened in the postal ballot box.

Polling cards.

35. (1) The returning officer shall send to every elector (other than a postal voter) whose name is on the electors' list a card (in this Regulation referred to as a "polling card") in Foirm UG 3 informing the elector of his number (including polling district letter) on the electors' list, the place at which he will be entitled to vote and the polling day.

(2) The polling card shall be addressed to the elector at the address in respect of which his name appears on the electors' list and shall be sent to the elector in sufficient time to be delivered in the ordinary course of post not later than the third day before the polling day.

(3) No election shall be invalidated by reason of any failure to send, non-delivery of or error or misstatement in, a polling card and no action or other proceedings shall lie against a returning officer in respect of any error or misstatement in a polling card.

Use of schools and public premises for taking the poll.

36. (1) The returning officer may for the purpose of taking the poll at an election use, free of charge, any school or any room in a school receiving a grant out of moneys provided by the Oireachtas and any premises the expense of maintaining which is payable out of any rate.

(2) The returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over, such school, room or premises by reason of its use by him at an election.

(3) The use of any unoccupied premises or any part thereof by the returning officer at an election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.

(4) ( a ) A person having control over a school adjoining or adjacent to or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer of his intention to use such school or any part thereof at an election, send to the returning officer a notice of objection to such use.

( b ) Any such objection may, on the application of the returning officer, be over-ruled by the Minister but, unless and until the objection is so over-ruled, no part of the school may be used by the returning officer.

(5) In this Regulation "school" includes a national school and a secondary, vocational or other post-primary school.

Polling stations.

37. (1) At every polling place the returning officer shall provide a sufficient number of polling stations, conveniently distributed, for the accommodation of the electors entitled to vote there.

(2) The returning officer shall allot the electors to the polling stations in such manner as, in his opinion, will be most convenient for them.

(3) The returning officer shall give public notice of the location of polling stations in each polling place and the description of electors allotted to vote at each such place.

(4) The returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.

(5) The returning officer shall provide at each polling station--

( a ) such number of compartments, in which the voters can mark their ballot papers screened from observation, as he considers necessary,

( b ) such furniture as he considers necessary,

( c ) a sufficient number of ballot boxes,

( d ) such number of ballot papers as he considers necessary,

( e ) instruments for placing the official mark on ballot papers,

( f ) copies of the electors' list or such part thereof as contains the names of the electors allotted to vote at the station,

( g ) such materials as he considers necessary to enable voters to mark their ballot papers,

( h ) such other documents, forms, stationery and other materials as he considers necessary.

(6) The returning officer shall keep a record of the ballot papers provided by him at each polling station.

Presiding officers and poll clerks.

38. (1) The returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a clerk or clerks to assist each presiding officer.

(2) Any such appointment may be revoked at any time by the returning officer and, where the appointment revoked is that of a presiding officer, the returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.

(3) The 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, to inspect the list of persons to whom he has offered or proposes to offer appointments as presiding officers or poll clerks.

(4) Each presiding officer shall keep order at his polling station, shall regulate the number of electors to be admitted at a time and shall exclude from the station all persons other than the persons authorised by Regulation 41 to be present in the station.

(5) Subject to any direction of the returning officer, a presiding officer may do, by any person appointed under these Regulations to assist him, any thing which he is required or authorised to do by the Act or by these Regulations except ordering the arrest, exclusion or ejection from the polling station of any person.

(6) The returning officer may perform all or any of the functions of a presiding officer, and while so doing shall be subject to the provisions of these Regulations in like manner as if he had been appointed a presiding officer.

Polling on islands.

39. (1) Where the 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--

( a ) the poll could not be taken on the polling day, or

( b ) if the poll were taken on that day, the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next following the polling day,

he 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 and later than the day next following the latest date for the receipt of nominations, and, notwithstanding anything contained in these Regulations, the 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.

(2) In the case of any poll at a polling station situate on an island, the following provisions shall have effect notwithstanding anything contained in these Regulations:--

( a ) 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,

( b ) where, after the poll 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 counting of the votes at or before the hour of 9 a.m. on the day next following the polling day, he may then close the poll.

(3) No alteration shall be made in the form or contents of the notice of poll to be published under Regulation 28 by reason of the alteration under this Regulation of the day and hours of poll in such polling district.

Opening of the poll.

40. Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his charge to such persons as are present in the station so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

Admission to polling station.

41. (1) No person shall be admitted to a polling station other than--

( a ) the returning officer and any deputy of his,

( b ) the presiding officer and poll clerk for the station,

( c ) the personation agents duly appointed for the station by the candidates,

( d ) electors admitted for the purpose of voting at the polling station,

( e ) 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,

( f ) members of the Garda Síochána on duty,

( g ) messengers sent by or on behalf of the returning officer, and

( h ) persons authorised by the returning officer to be present in the station.

(2) Subject to Regulation 42, a person shall not be admitted to vote at any polling station other than that to which he is allotted.

Voting by electors employed by returning officer.

42. Where an elector is employed by the returning officer in connection with an election at which that elector is entitled to vote and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station to which he is allotted, the returning officer may so certify and authorise him to vote at that election at any other polling station in the same constituency, and the elector may vote accordingly.

Procedure for voting.

43. (1) Subject to Regulations 33 and 45 to 48, the presiding officer shall deliver a ballot paper to an elector who applies therefor and declares his name and address.

(2) Immediately before a ballot paper is delivered to an elector--

( a ) the number (including polling district letter) and name of the elector as stated in the electors' list shall be called out;

( b ) the ballot paper shall be marked with the official mark;

( c ) a mark shall be placed in the electors' list against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.

(3) ( a ) The elector on receiving the ballot paper shall (subject to Regulation 45) go alone into one of the compartments in the polling station and there shall secretly record his vote on the ballot paper and fold the paper so that his vote is concealed.

( b ) He shall then return to the presiding officer's table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box.

( c ) He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

Spoilt ballot papers.

44. (1) A voter who has inadvertently spoilt his ballot paper may, on returning it to the presiding officer, be given another ballot paper.

(2) The presiding officer shall immediately mark "Millte" on the spoilt ballot paper and on the counterfoil thereof.

(3) He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with Regulation 53.

Voting by blind, incapacitated and illiterate electors.

45. (1) Where an elector applying for a ballot paper 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 Regulation shall apply.

(2) For the purposes of paragraph (1), the presiding officer may, and if required by any candidate or personation agent present in the polling station shall, administer to the elector, before delivery of the ballot paper, 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:--

Bheirim Dia Uilechumhachtach (nó--dearbhaím agus dearbhascaim go sollúnta, go fírinneach agus go hionraic--de réir mar a bheidh) go bhfuil mallachar radhairc chomh mór sin orm (nó--go bhfuil mé chomh mór sin faoi éagumas coirp nó---go bhfuil mé chomh neamhliteartha sin--de réir mar a bheidh) nach féidir liom vótáil gan chabhair

and, if the elector refuses to take the oath or make the affirmation, this Regulation shall not apply.

(3) Where this Regulation 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 paragraph (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and forthwith place it in the ballot box.

(4) The presiding officer may, and if required by any candidate or personation agent present in the polling station shall, put to the companion before delivery of the ballot paper the following questions or any one or more of them:

( a ) An bhfuil sé bliana déag slán agat?

( b ) An bhfuil níos mó ná páipéar ballóide amháin marcáilte agat mar chompánach sa toghchán seo?

( c ) An iarrthóir sa toghchán seo thú?

( d ) An gníomhaire d'iarrthóir sa toghchán seo thú?

and unless such of those questions as are put to the companion are answered in the case of the first of those questions in the affirmative and in the case of any other of those questions in the negative, the companion may not mark the ballot paper.

(5) Where this Regulation 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 paragraph (4),

the presiding officer shall, in the presence of the personation agents and no other person, mark a ballot paper as instructed by the elector and shall then fold it and place it in the ballot box.

(6) A request made by an elector, within four hours before the hour fixed by the Minister for the closing of the poll, to have his ballot paper marked for him under this Regulation 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.

(7) Where a ballot paper is to be marked pursuant to paragraph (5), the presiding officer may assist the elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but he shall not act on any written instruction.

(8) Where, pursuant to this Regulation, a person has marked as a companion two ballot papers at an election, he shall not, at that election, mark as a companion any other ballot paper.

(9) A person shall not mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.

Questions and oath to voters at election.

46. (1) A presiding officer may, and if required by any candidate or personation agent present in the polling station shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions or any one or more of them:

( a ) An tusa an duine atá cláraithe mar a leanas sa liosta toghthóirí atá i bhfeidhm anois don toghlach dá ngairtear Gaeltacht ................................................? (Léifidh an t-oifigeach ceannais an taifead iomlán os ard as an liosta.)

( b ) Ar vótáil tú cheana sa toghchán seo?

( c ) An raibh ocht mbliana déag slán agat an 15 Aibreán seo caite?

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, a ballot paper shall not be delivered to him.

(2) A presiding officer may, and if required by any candidate or personation agent present in the polling station shall, administer to any person applying for a ballot paper at the time of his application, 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:--

Bheirim Dia Uilechumhachtach (nó--dearbhaím agus dearbhascaim go sollúnta, go fírinneach agus go hionraic--de réir mar a bheidh) gur mise an duine atá cláraithe mar A B sa liosta toghthóirí atá i bhfeidhm anois don toghlach dá ngairtear Gaeltacht........................ agus nár vótáil mé cheana sa toghchán seo agus go raibh ocht mbliana déag slán agam an 15 Aibreán seo caite

and if the person refuses to take the oath or make the affirmation a ballot paper shall not be delivered to him.

(3) Save as is provided by this Regulation no question, oath, affirmation or objection shall be put to any person at the poll at an election as to the right of that person to vote.

Alleged personation.

47. (1) Where, at an election, a ballot paper has been issued to a person representing himself to be a particular elector named on the electors' list and another person representing himself to be that elector applies for a ballot paper and duly answers any questions put to him under Regulation 46 and takes the oath or makes the affirmation under that Regulation, that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other elector.

(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this Regulation and the name and the number (including polling district letter) on the electors' list of each of the persons to whom such papers were issued.

Arrest of person committing personation.

48. (1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation he may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation and the member of the Garda Síochána shall comply with the direction.

(2) If at the time a person applies for a ballot paper at an election, or after he has applied for a ballot paper and before he has left the polling station, a personation agent declares to the presiding officer that he believes and undertakes in writing to prove that the applicant has committed personation, the presiding officer shall order a member of the Garda Síochána to arrest the applicant on the charge of having committed personation and the member of the Garda Síochána shall comply with the direction.

(3) Any member of the Garda Síochána may, without warrant, arrest any person who, he believes, is committing or has committed personation.

(4) Any arrest authorised by this Regulation may be made at any place, whether in a polling station or out of such a station.

(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on his direction, without malice, of any person on a charge of having committed personation.

Maintenance of order in polling station.

49. (1) ( a ) If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer for that station he may immediately, by order of the presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove him.

( b ) A person so removed shall not re-enter the polling station without the permission of the presiding officer.

(2) For the purpose of this Regulation, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situated.

Obstruction of the poll.

50. (1) ( a ) Where the poll at any polling station is obstructed by violence the presiding officer for that station may adjourn the poll until the next following day (disregarding any excluded day) and on such following day the poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on polling day.

( b ) References in these Regulations to the close of the poll shall be construed in accordance with subparagraph (a) in relation to that polling station.

(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.

(3) Where a poll is so adjourned the presiding officer shall forthwith give notice of the adjournment to the returning officer who shall not declare the result of the election until the adjourned poll has been completed and the votes cast thereat have been counted.

(4) This Regulation shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.

Damage to polling station.

51. (1) Subject to Regulations 25, 27 and 50, where, for any reason, including damage to a polling station, the poll at any polling station cannot be held or continued in accordance with Regulation 6 (1), the returning officer shall forthwith give public notice to that effect and take all such steps and give all such directions as he thinks proper for the holding or completion of the poll at such polling station.

(2) A fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the returning officer.

(3) These Regulations shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll.

(4) The returning officer shall not declare the result of the election until the fresh poll or the continued poll has been completed and the votes cast thereat have been counted.

Destruction, etc., of ballot boxes or ballot papers.

52. (1) If at an election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer or of a presiding officer or are in any way tampered with or are destroyed or are maliciously torn or defaced, the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void.

(2) The returning officer shall forthwith take all such steps and give all such directions as he thinks proper for the holding of a fresh poll at every such polling station.

(3) A fresh poll shall be held at every such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the returning officer.

(4) These Regulations shall apply in respect of such fresh poll in like manner as they apply to the original poll.

(5) The returning officer shall not declare the result of the election until the fresh poll has been completed and the votes cast thereat have been counted.

Close of the poll.

53. (1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the Act and these Regulations, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets--

( a ) the unused and spoilt ballot papers, placed together,

( b ) the marked copies of the electors' list,

( c ) the counterfoils of the ballot papers,

( d ) a ballot paper account made out by him and a statement prepared in accordance with Regulation 47 (2),

( e ) any certificates given by the returning officer under Regulation 42 authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation, and

( f ) the marking instrument, unused stationery and other documents and materials relating to the election,

and shall deliver all such ballot boxes and packets to the returning officer.

(3) The returning officer shall make adequate arrangements for the safe custody of the ballot boxes and of all documents connected with the poll.

PART V. THE COUNTING OF THE VOTES.

CHAPTER I. Documents relating to Postal Voters.

Opening of postal ballot boxes.

54. (1) ( a ) Not less than two days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he will open the postal ballot boxes and of the number of agents each candidate may appoint to attend at the opening;

( b ) He shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which he can give them consistently with the orderly conduct of the proceedings and the performance of his functions.

(2) The postal ballot boxes shall be opened by the returning officer in the presence of the agents of the candidates.

(3) The latest time for the opening of the postal ballot boxes shall be 9 a.m. on the day next following the polling day.

(4) The returning officer, his assistants and clerks, members of the Garda Síochána on duty and the agents of the candidates duly appointed for the purpose under these Regulations, and no other person, except with the permission of the returning officer, may be present at the opening of the postal ballot boxes.

Examination of documents received from postal voters.

55. (1) ( a ) When a postal ballot box has been opened, the returning officer shall extract the covering envelopes therefrom and count and note the number of covering envelopes so extracted;

( b ) He shall then open each covering envelope separately and examine the receipt.

(2) If the receipt is found to be duly signed, he shall place the receipt and the ballot paper envelope in separate receptacles specially provided by him for the purpose.

(3) If he is not satisfied that the receipt has been duly signed he shall endorse the receipt "Diúltaithe" and shall attach thereto the ballot paper envelope (without opening such envelope) or, if there is no such envelope, the ballot paper.

(4) A separate ballot box (which shall be subsequently treated as a ballot box for the purpose of the counting of the votes at the election) shall be provided and shall be shown open and empty to the agents of the candidates present and shall be locked and sealed by the returning officer.

(5) Where a receipt does not appear to accompany the ballot paper envelope the returning officer shall open the envelope and if it is found to contain the receipt he shall deal with the receipt and ballot paper in accordance with this Chapter.

(6) The returning officer shall endorse " Diúltaithe " any receipt not accompanied by a ballot paper and any ballot paper not accompanied by a receipt.

(7) Where a ballot paper and receipt are received together, the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt, or either of them, were not placed in the proper envelopes or that any such envelope was not fastened.

(8) The returning officer shall, on a request being made by a candidate's agent, show to the agent any receipt which he is rejecting on the ground that it has not been properly signed.

(9) The returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from other documents.

Procedure as respects documents relating to postal voters.

56. (1) When the covering envelopes in any postal ballot box have been opened and their contents dealt with under Regulation 55, the returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in Regulation 55 (3)) and shall place each ballot paper in the ballot box referred to in Regulation 55 (4).

(2) When the returning officer has placed the postal ballot papers in the ballot box in accordance with this Regulation and Regulation 55 he shall seal up in separate packets--

( a ) the receipts which accompanied the ballot papers duly accepted,

( b ) the rejected receipts, with the envelopes, if any, attached, and

( c ) the rejected ballot papers with the envelopes, if any, attached.

(3) Where covering envelopes are received by the returning officer after the close of the poll, or where envelopes addressed to postal voters are returned as undelivered, the returning officer shall not open such envelopes and shall, subject to his power of re-addressing them, seal them up in separate packets.

(4) The returning officer shall endorse on each packet mentioned in paragraphs (2) and (3) a description of its contents and the name of the constituency and the election to which such contents relate.

(5) The returning officer shall prepare a statement, in such form as the Minister may direct, showing the number of ballot papers sent to postal voters and such other particulars with respect to such papers as the Minister may direct.

Postal votes to be counted.

57. Every ballot paper duly marked by a postal voter and accompanied by the receipt duly signed by that voter which is received by the returning officer before the close of the poll shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way.

CHAPTER II. Arrangements for the Counting of the Votes.

Place for the counting of the votes.

58. The returning officer shall appoint a convenient place as the place at which he will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with these Regulations.

Attendance at the counting of the votes.

59. (1) Not less than two days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he will begin to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.

(2) The returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates duly appointed for the purpose under these Regulations and no other person, except with the permission of the returning officer, may be present at the counting of the votes.

(3) The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (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.

Preliminary proceedings.

60. (1) At the hour of 9 a.m. on the day next following the polling day and at the place appointed under Regulation 58, the returning officer shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.

(2) ( a ) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

( b ) The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes and shall, on request, allow the agent of any candidate to copy the statement.

(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes in accordance with these Regulations.

Time for the counting of the votes.

61. (1) The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, allowing only time for refreshment and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.

(2) During the time so excluded the returning officer shall place the ballot boxes and documents relating to the election under his seal and shall take due precautions for the security of the said boxes and documents.

Conduct of the counting of the votes.

62. (1) The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with these Regulations, ascertain and record the number of votes given to each candidate.

(2) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.

CHAPTER III. Rules for the Counting of the Votes.

Definitions (Part V, Chapter III).

63. In this Chapter--

"continuing candidate" means any candidate not deemed to be elected and not excluded;

"count" means--

( a ) all the operations involved in the counting of the first preferences recorded for candidates; or

( b ) all the operations involved in the transfer of the surplus of a candidate deemed to be elected; or

( c ) all the operations involved in the transfer of the votes of an excluded candidate;

"deemed to be elected" means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

"determine by lot" means determine in accordance with the following directions:-- The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn;

"mark" means a figure, a word or a mark such as "X";

"non-transferrable paper" means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferrable paper whenever--

( a ) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference, or

( b ) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or

( c ) it is void for uncertainty;

"original vote" in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

"preference" shall be interpreted as follows--

( a ) "first preference" means any mark which, in the opinion of the returning officer, clearly indicates a first preference; " second preference " means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference; "third preference " means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference; and so on;

( b ) "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, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored;

"surplus" means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

"transferable paper" means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

"transferred vote" in regard to any candidate means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

Invalid ballot papers.

64. (1) Any ballot paper--

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

( b ) on which the figure 1 standing alone, or the word "one" or any mark which, in the opinion of the returning officer, clearly indicates a first preference, 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, or the word "one" or any mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate, or

( d ) on which anything is written or marked by which the voter can be identified, shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words "one", "two", " three " (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(2) ( a ) The returning officer shall endorse "Diúltaithe" on any ballot paper which under this Regulation is not to be counted.

( b ) The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of the subparagraphs (a) to (d) of paragraph (1) and shall, on request, allow any candidate or agent of a candidate to copy such statement.

First count.

65. (1) After the ballot papers have been mixed in accordance with Regulation 60, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid papers.

The quota.

66. (1) ( a ) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of members to be elected.

( b ) The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in these Regulations as the " quota ".

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

Transfer of surplus.

67. (1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with this Regulation to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(4) In either of the cases referred to in paragraphs (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferrable papers.

(5) ( a ) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference.

( b ) Where, however, the surplus is greater than such total number, a sub-parcel shall be made of a number of non-transferable papers equal to the difference between such total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and, for the purposes of Regulation 74 (3), shall be described as non-transferable papers not effective and the remaining non-transferable papers, also arranged as a sub-parcel, shall be placed with the papers of the candidate deemed to be elected.

(6) Where the surplus is less than the total number of transferable papers the following provisions shall apply:--

( a ) The returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers.

( b ) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers.

( c ) A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be ignored.

( d ) Where two or more fractions are of equal magnitude that fraction shall be deemed to be the largest which arises from the largest sub-parcel and, if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes.

( e ) Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest.

( f ) Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8) A surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count; provided that--

( a ) the returning officer need not necessarily transfer the surplus of a candidate deemed to be elected when that surplus, together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates and either--

(i) the number of votes credited at such count to the lowest candidate is greater than one-third of the quota, or

(ii) the sum of the number of votes credited at such count to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one-third of the quota;

( b ) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference;

( c ) if there are two or more surpluses, each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.

(9) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their descending magnitude.

(10) ( a ) Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with.

( b ) Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with.

( c ) Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus he will first deal with.

Exclusion of candidate.

68. (1) ( a ) If at any time no candidate has a surplus (or when under Regulation 67 an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers.

( b ) The non-transferable papers shall be set aside as finally dealt with and shall, for the purposes of Regulation 74 (3), be described as non-transferable papers not effective.

(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude such two or more lowest candidates provided that--

( a ) the number of votes credited to the second lowest candidate is greater than one-third of the quota, or

( b ) where the number of votes credited to any one of such two or more lowest candidates does not exceed one-third of the quota, it is clear that the exclusion of the candidates separately in accordance with paragraph (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one-third of the quota being credited to any such candidate.

(3) If, when a candidate has to be excluded under this Regulation, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded and, where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall he excluded.

Transfer of votes.

69. (1) Where a transfer of votes is made under Regulation 67 or 68 each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of Regulation 67 before any other candidate is excluded.

Filling of last vacancies.

70. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this Regulation, no further transfer of votes shall be made except transfers of surpluses in the case where any of the continuing candidates has not been credited with a number of votes exceeding one-third of the quota and it is necessary for the purposes of Regulation 17 to make such transfers in order to establish whether such a number of votes could be credited to him.

Recount.

71. (1) ( a ) Any candidate or any agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count and the returning officer shall forthwith re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels save where such alterations may be necessary in consequence of any error discovered in the recount.

( b ) The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count.

( c ) Nothing in this paragraph shall make it obligatory on the returning officer to recount the same parcel of papers more than once.

(2) The power, under paragraph (1), of a returning officer to recount at his discretion papers in any case in which he is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3) ( a ) As respects each candidate, one request (and not more) may be made by him or his agent for a complete re-examination and recount of all parcels of ballot papers, and the returning officer shall forthwith re-examine and recount the parcels of ballot papers accordingly.

( b ) In the re-examination and recount the number or order of ballot papers in any parcel shall not be disturbed.

( c ) Nothing in the foregoing provisions of this Regulation shall make it obligatory on the 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 returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

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

Declaration of the result of the poll.

72. On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.

Decisions of returning officer.

73. The decision of the returning officer, whether expressed or implied by his acts, on any question which arises in relation to the exclusion of any candidate under Regulation 68 or to any ballot paper or transfer of votes shall be final.

CHAPTER IV. Result of Election.

Return of persons elected.

74. (1) The returning officer shall, in the case of the election first held after the passing of the Act, make a return to the Minister of the persons elected to be members of an tÚdarás and, in the case of any other election, make such a return to the Minister and to Rúnaí an Údaráis.

(2) The return shall be made by a certificate of the names and addresses of such persons, signed by the returning officer, as soon as practicable after the result of the poll has been declared in accordance with Regulation 72 or, where there is no poll, when such persons have been declared elected in accordance with Regulation 26 (1) (b).

(3) The returning officer shall give public notice of the names and addresses of the candidates elected and also, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes, of the total number of votes credited to each candidate at the end of the count at which such transfer took place, and shall also send a copy of the notice to the Minister.

CHAPTER V. Retention, Inspection and Disposal of Documents.

Retention and disposal of documents by returning officer.`

75. (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 rejected postal ballot papers with envelopes, if any, attached,

( d ) the covering envelopes sent to postal voters and returned either as undelivered or after the close of the poll,

( e ) the accepted receipts for postal ballot papers,

( f ) the rejected receipts for postal ballot papers with envelopes, if any, attached,

( g ) the unused and spoilt ballot papers,

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

( i ) the counterfoils of postal ballot papers,

and shall mark on each packet the nature of the contents thereof and shall place the several packets in a parcel which he shall seal and on which he shall mark particulars of its contents, the date of the polling day at the election and the constituency to which such contents relate.

(2) The returning officer shall also place in a parcel--

( a ) the marked copies of the electors' list,

( b ) the ballot paper accounts and the statement prepared in accordance with Regulation 60 (2),

( c ) the statement regarding postal voters prepared in accordance with Regulation 56 (5),

( d ) the candidates' nomination papers, whether valid or invalid, and

( e ) the authorisations to electors employed by the returning officer to vote at other polling stations,

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

(3) The returning officer shall retain the documents referred to in paragraphs (1) and (2) for six months from the date of his certificate of the return under Regulation 74 and shall then, unless otherwise directed by an order of a court of competent jurisdiction, cause the documents to be destroyed.

Inspection of ballot papers, counterfoils, etc.

76. (1) No person shall be allowed to inspect any of the documents referred to in Regulation 75 (1) except under an order of a court of competent jurisdiction.

(2) An order shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purpose of instituting or maintaining a prosecution for an offence under Part VI of these Regulations.

(3) An order may be made subject to such conditions as to persons, time, 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.

(4) Any power given to a court by this Regulation may be exercised by any judge of such court at chambers.

(5) Where an order is made for the production by the returning officer of any document in his possession relating to an election, the production by the returning officer of that document shall be prima facie evidence that the document relates to the specified election; and any endorsement appearing on any packet produced by the returning officer shall be prima facie evidence that the contents of such packet are what they are stated to be in such endorsement.

PART VI. Electoral Offences.

Bribery.

77. (1) A person shall not, in relation to an election,--

( a ) give valuable consideration to induce a voter to vote or to procure the election of any person or the vote of any voter or on account of a voter having voted; or

( b ) procure, by means of or in consequence of valuable consideration, the election of any person or the vote of any voter; or

( c ) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or

( d ) induce, by means of or in consequence of valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or

( e ) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

(3) A person who aids, abets, counsels or procures the commission of an offence under paragraph (1) shall be guilty of an offence.

(4) In this Regulation--

"give", "induce", "procure" include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly;

"valuable consideration" includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money's worth or valuable security or any valuable consideration or any office, place or employment to or for any person;

"vote" includes voting in a particular way or refraining from voting.

Personation.

78. (1) A person who, at an election,--

( a ) votes or applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or

( b ) having already voted, applies at the same election for a ballot paper in his own name,

shall be guilty of the offence of personation.

(2) For the purposes of this Regulation, a person who has marked, whether validly or not, and returned to the returning officer a ballot paper issued pursuant to Regulation 33 shall be deemed to have voted.

(3) A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.

Undue influence.

79. A person who, in relation to an election, directly or indirectly, makes use of or threatens to make use of any force, violence or restraint against or inflicts or causes or threatens to inflict or cause any temporal or spiritual injury or loss on or to any person, or attempts by abduction, duress, or fraud--

( a ) to induce or compel any person to vote or refrain from voting or to vote or refrain from voting for a particular person or in a particular way, or

( b ) to induce or compel any person to withdraw, or to refrain from withdrawing, from being a candidate, or

( c ) to induce or compel any person to be a candidate or to impede or prevent any person from being a candidate, or

( d ) to impede or prevent the free exercise of the franchise by any elector,

shall be guilty of an offence.

Breach of secrecy.

80. (1) A person who is present at the issue of ballot papers to postal voters or at the opening of postal ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, he--

( a ) communicates, before the poll is closed, to any person any information obtained at the said issue as to the official mark or as to the number on the back of the ballot paper sent to any person, or

( b ) attempts to ascertain at the said issue or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper or communicates to any other person any information with respect thereto obtained at the said issue or the said opening.

(2) A person admitted to a polling station in any capacity at an election shall be guilty of an offence if, before the poll is closed, he communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the electors' list of any voter who has or has not applied for a ballot paper or voted at a polling station or as to the official mark.

(3) A person who is present in any capacity at the counting of the votes at an election shall be guilty of an offence if he ascertains or attempts to ascertain at such counting the number on the back of any ballot paper, or if at any time he communicates any information obtained at such count as to the candidate for whom any vote is given on any ballot paper.

(4) A person shall be guilty of an offence if, at an election, except for some purpose authorised by law, he--

( a ) interferes with or attempts to interfere with a voter when marking his vote or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or

( b ) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted or as to the number on the back of the ballot paper issued to a voter at that station, or

( c ) directly or indirectly induces any voter to display his ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or

( d ) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.

Offences relating to ballot boxes, ballot papers, nomination papers, official marks, etc.

81. A person shall be guilty of an offence if--

( a ) wilfully and without lawful authority, he takes, destroys, conceals, opens or otherwise interferes with any ballot box or packet of ballot papers or any packet of papers or documents of any kind then in use or intended to be used for the purposes of an election, or any ballot paper account or marked copy of an electors' list prepared or used for the purposes of the election, or any unused ballot paper, or

( b ) he maliciously destroys, tears, or defaces a ballot paper, or

( c ) he forges or counterfeits a ballot paper or the official mark on a ballot paper, or

( d ) without lawful authority he supplies a ballot paper to any person, or

( e ) he fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in it, or

( f ) he fraudulently takes a ballot paper out of a polling station, or

( g ) he forges or fraudulently defaces or fraudulently destroys any nomination paper or any certificate under Regulation 42 or any official envelope or form of receipt used in connection with voting by post or any other form or document used at an election, or

( h ) he produces to the returning officer a nomination paper knowing the same to be forged, or

( i ) he counterfeits the official mark, or

( j ) without lawful authority he removes, destroys or damages any instrument for stamping the official mark on ballot papers or makes or has in his possession any imitation or counterfeit of any such instrument.

Disorderly conduct at election meeting.

82. (1) A person shall be guilty of an offence if, between the date of publication of the Notice of Election and the date on which the return is made of persons elected to be members of an tÚdarás, he acts in a disorderly manner at a lawful public meeting held in connection with an election to an tÚdarás.

(2) A person who aids, abets, counsels or procures the commission of an offence under paragraph (1) shall be guilty of an offence.

Omission of name and address of printer and publisher from election documents.

83. (1) Every notice, bill, poster or similar document having reference to an election or distributed for the purpose of furthering the candidature of any candidate at an election shall bear upon its face the name and address of the printer and of the publisher thereof.

(2) A person shall be guilty of an offence if he prints, publishes, or posts, or causes to be printed, published or posted, any such notice, bill, poster or similar document as aforesaid which does not bear upon its face the name and address of the printer and of the publisher thereof.

(3) The provisions of paragraphs (1) and (2) shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by the returning officer.

(4) For the purposes of this Regulation the expression " print " includes any process for producing copies of a notice, bill, poster or similar document other than copying it by hand.

Nominating or withdrawing a candidate without consent.

84. (1) A person shall not--

( a ) nominate another person for election to an tÚdarás, or

( b ) withdraw the candidature of another person for election to an tÚdarás,

save with the consent of that person.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

False declaration on nomination paper.

85. (1) A person who, being a candidate or the proposer of a candidate at an election, makes a declaration on a nomination paper that he has read the notes on the back of the nomination paper and believes himself, or the candidate (as may be appropriate), not to be disqualified for election, in a case in which he, or the candidate (as may be appropriate), is disqualified for election, shall be guilty of an offence.

(2) In a prosecution for an offence under paragraph (1), it shall be a good defence for the defendant to show that he had reasonable grounds for believing that he or the candidate (as may be appropriate) was not disqualified for election.

Officer acting as agent of candidate or furthering a candidature.

86. A returning officer or any person employed by him for any purpose relating to an election who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate at the election shall be guilty of an offence.

Obstruction of nomination or poll.

87. A person who at an election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.

Personation agent leaving polling station without permission.

88. (1) A personation agent shall not, during the hours fixed under Regulation 6 (1) for the holding of the poll, leave the polling station to which he is allotted without previously obtaining the permission of the presiding officer and depositing with the said presiding officer all electors' lists, books and documents in which he has made any note, writing or mark during the poll.

(2) A personation agent who contravenes paragraph (1) shall be guilty of an offence.

Unlawful marking of ballot papers by persons acting as companions.

89. A person who contravenes Regulation 45 (8) or 45 (9) shall be guilty of an offence.

False statement of withdrawal or death of a candidate.

90. A person who, between the date of publication of the Notice of Election and the date on which the return is made of persons elected to be members of an tÚdarás, knowingly publishes a false statement of the withdrawal or death of a candidate at the election shall be guilty of an offence.

Misleading statement as to process of voting.

91. Any person who, before or during an election, makes or publishes any statement which is likely to mislead voters as to the actual process of voting shall be guilty of an offence.

Limitation of time for prosecution of offence.

92. Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for the offence under these Regulations may be instituted within twelve months from the date of the offence or,if the offence was committed in relation to an election as respects which proceedings questioning the election or return are held before a court, shall be commenced within twelve months from the date of the offence or within three months from the decision of such court, whichever period last expires, but so that the proceedings be commenced within two years from the date of the offence.

Penalties.

93. Where a person is guilty of an offence under these Regulations such person shall, on summary conviction, be liable as follows--

( a ) for an offence under Regulation 80 or 81, to imprisonment for a term not exceeding six months;

( b ) for an offence under Regulation 88, to imprisonment for a term not exceeding three months;

( c ) for an offence under Regulation 77, 78, 79 or 87, to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding five hundred pounds or to both such imprisonment and such fine;

( d ) for an offence under Regulation 82, 84, 86, 90 or 91, to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding two hundred pounds or to both such imprisonment and such fine;

( e ) for an offence under Regulation 85 or 89, to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding one hundred pounds or to both such imprisonment and such fine; and

( f ) for the offence set forth in Regulation 83, to a fine not exceeding one hundred pounds.

Compensation where charge of personation is unjustly made or not prosecuted.

94. Where any person is arrested under Regulation 48 on a charge made by a personation agent that such person has committed the offence of personation and either such personation agent (or someone on his behalf) fails to appear before the court and support the charge, or the court acquits the person of having committed the offence and finds that the charge was made by the personation agent without reasonable or just cause, the court may, at the request of the person so charged but not otherwise, order the personation agent to pay to the person such sum not exceeding one hundred pounds as the court shall think proper by way of damages, and such sum when duly paid shall be accepted by the person so charged in full satisfaction of all claims by him in respect of damages arising from the said charge and his arrest and detention thereon.

Damages for breach of duty by officers, etc.

95. Where any person, upon whom any functions or duties are conferred by or under the Act or these Regulations in relation to an election, fails without reasonable cause to perform his functions or duties in that behalf, any person aggrieved by such failure shall be entitled to recover from him by action at law such sum not exceeding one hundred pounds by way of damages as the court by which such action shall be tried shall consider just.

Certificate of returning officer prima facie evidence.

96. In any civil or criminal proceedings in relation to an alleged offence at an election, the certificate of the returning officer of the due holding of the election or that a particular person was a candidate thereat shall be prima facie evidence of the facts stated therein and it shall not be necessary to prove the signature of the returning officer or that he was in fact such returning officer.

AN SCEIDEAL.

FOIRM UG 1

TOGHCHÁN D'ÚARÁS NA GAELTACHTA

PÁIPÉAR AINMNIÚCHÁIN

(Éadan na Foirme)

Uimh.............................................. (le cur isteach ag an gceann comhairimh)

1. Tá mé ag ainmniú an duine atá aimnnithe thíos mar iarrthóir i gcomhair toghcháin d'Údarás na Gaeltachta don toghlach dá ngairtear Gaeltacht............................................................ ....................................

Ainm an Iarrthóra		Seoladh
Sloinne	Aimn(neacha) Eile

BLOCLITREACHA LE DO THOIL

2. Léigh mé na nótaí atá ar chúl na foirme seo agus dearbhaím go gcreidim nach bhfuil an duine atá ainmnithe mar iarrthóir dícháilithe lena thoghadh.

3. Ainm agus seoladh an duine a bhfuil an éarlais le tabhairt ar ais dó			............................................................ ................................................ ............................................................ ................................................. ............................................................ .................................................
			Siniú............................................................ ........................................
			Seoladh............................................................ ...................................
			Dáta............................................................ .........................................

Uimhir agus litir/litreacha cheantar vótaíochta an mholtóra ar an liosta toghthóirí.................................................. (Le cur isteach más duine seachas an t-iarrthóir a chomhlánóidh an fhoirm seo.)

Rialaím go bhfuil an páipéar ainmniúicháin seo bailí (nó--neamhbhailí toisc
............................................................ ............................................................ .............................................
............................................................ ............................................................ ..............................................).
	............................................................ ....................
	Ceann Comhairimh
	Dáta...........................................................

Le tabhairt don iarrthóir nó le cur chuige

Rialaigh mé go bhfuil an páipéar ainmniúcháin uimh............................................................ ..........

le........................................................(Cuir isteach ainm an iarrthóra) do thoghlach dá ngairtear Gaeltacht ............................................................ .bailí (nó--neamhbhailí toisc............................................................ ....

............................................................ ............................................................ ..........................................................).

		............................................................ .....
		Ceann Comhairimh
	Seoladh........................................................... ...........................................................
	Dáta ...........................................................

PÁIPÉAR AINIANIÚCHÁIN (ar leanúint)

(Cúl na Foirme)

Nil sna nótaí seo ach treoir agus ní ráiteas cinntitheach ar an dlí iad.

Ainmniú:

1. Féadfaidh iarrthóir é féin a ainmniú nó féadfaidh moltóir é ainmniú, lena chead. Ní foláir do mholtóir a bheith cláraithe mar thoghthóir sa toghlach dá bhfuil sé beartaithe aige an t-iarrthóir a ainmniú.

Éarlais:

2. Measfar go mbeidh iarrthóireacht iarrthóra tarraingthe siar mura dtaiscfear éarlais £10 leis an gceann comhairimh tráth nach déanaí ná 12 méan lae an dáta is déanaí chun ainmniúcháin a ghlacadh. Is ceart an éarlais a bheith ina dhlíthairiscint nó féadfar, le toiliú an cheann comhairimh, í a íoc in aon slí eile. Tabharfar an éarlais ar ais--

( a ) má tharraingíonn iarrthóir a iarrthóireacht siar tráth nach déanaí ná 12 meán lae an dáta is déanaí chun ainmniúcháin a ghlacadh,

( b ) má fhaigheann iarrthóir bás sula gcríochnófar an vótaíocht,

( c ) mura mbeidh iarrthóir ainmnithe go bailí mar iarrthóir roimh an tráth is déanaí chun ainmniúcháin a ghlacadh,

( d ) má thoghtar iarrthóir,

( e ) mura dtoghfar iarrthóir ach go mbeidh thar thrian an chuóta aige an uair a bheidh an líon is mó vótaí creidiúnaithe dó ag aon chéim de chomhaireamh na vótaí.

Tabharfar an éarlais ar ais don duine a thabharfaidh é agus ba chóir a ainm a chur isteach ag 3 ar éadan na foirme seo.

Páipéar Ainmniúcháin a Sheachadadh:

3. Ní foláir don iarrthóir nó dá mholtóir an páipéar ainmniúcháin comhlánaithe a sheachadadh go pearsanta don cheann comhairimh laistigh de na tráthanna a bheidh socraithe chun ainmniúcháin a ghlacadh.

Rialú ar Pháipéar Ainmniúcháin:

4. Tabharfaidh an ceann comhairimh rialú ar bhailíocht an pháipéir ainmniúcháin laistigh d'uair a chloig tar éis é sheachadadh dó. Ní fhéadfaidh sé rialú a thabhairt go bhfuil an páipéar ainmniúcháin neamhbhailí ach amháin i gcás ina measfaidh sé nach bhfuil sé déanta amach nó sínithe i gceart. Beidh an t-iarrthóir agus a mholtóir, más ann, agus duine amháin eile a roghnóidh an t-iarrthóir (nó a mholtóir) i dteideal bheith i láthair le finn an rialú a bheith á thabhairt agus ní bheidh duine ar bith eile i láthair mura gceadóidh an ceann comhairimh é.

Dícháiliúchán a bhaineann le duine a thoghadh d'Údarás na Gaeltachta:

5. Ní bheidh duine intofa mura mbeidh aois ocht mbliana déag slánaithe aige an lá vótaíochta.

Pionóis:

6. Dlífear príosúnacht nó fíneáil a chur ar dhuine--

(1) má thugann sé páipéar ainmniúicháin ar aird don cheann comhairimh agus a fhios aige go bhfuil brionnú déanta air;

(2) má ainmníonn sé iarrthóir nó má tharraingíonn sé siar iarrthóireacht iarrthóra gan a chead;

(3) má dhéanann sé dearbhú bréagach go gcreideann sé nach bhfuil an duine a d'ainmnigh sé mar iarrthóir dícháilithe lena thoghadh.

FOIRM UG 2

TOGHCHÁN D'ÚARÁS NA GAELTACHTA

PÁIPÉAR BALLÓIDE

(Éadan an Pháipéir)

	Marcáil ord do rogha sna spáis seo thíos
		BAIRÉAD (Seosamh Bairéad, ó Ghort an Aird.)
		NÍ GHRÍOFA Séamus Ó Briain, ó Bharr an Ghleanna.)
		Ó DOCHARTAIGH (Éamonn Ó Dochartaigh, ó Shliabh na nÓg.)
		Ó DOCHARTAIGH (Risteárd Ó Dochartaigh, ó Chnoc an Áir.)
		Ó SÉ (Stiofán Ó Sé, ó Loch na Cille.)
		THOMPSON (William Henry Thompson, ó Woodford.)
	TREORACHA
	I. Scríobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de.
	II. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.
Comhdhuille	(Cúl an Pháipéir)
Uimh..................		Uimh. ......................

FOIRM UG 3

TOGHCHÁN D'ÚDARÁS NA GAELTACHTA

CÁRTA VÓTAÍOCHTA

(Éadan an Chárta)

Cárta Vótaíochta
Litir:Uimhir
Is é d'úimhir ná................................................
Is é d'ionad vótaíochta ná:--
............................................................ ...........	............................................................ .....
............................................................ ...........	............................................................ .....
Lá vótaíochta...................................................	............................................................ .....
Ceann Comhairimh

(Cúl an Chárta)

COIMEÁD AN CÁRTA SEO GO CÚRAMACH MAR THREOIR AN LÁ VÓTAÍOCHTA.

Ní thugann an cárta seo údarás vótála d'aon duine a bhfuil vótáil toirmiscthe air ná ní chruthaíonn sé céannacht an duine a mbeidh sé ar seilbh aige.

GIVEN under my Official Seal, this 1st day of November, 1979.

DONNCHA Ó GALLCHOBHAIR,

Minister for the Gaeltacht.

EXPLANATORY NOTE.

These Regulations set out the procedure governing the holding of elections of members of Údarás na Gaeltachta.

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	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Údarás na Gaeltachta Elections Regulations, S.I. No. 355/1979 URL: http://www.bailii.org/ie/legis/num_reg/1979/0355.html

Irish Statutory Instruments

S.I. No. 355/1979 -- Údarás na Gaeltachta Elections Regulations, 1979.