DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE SEANAD BYE-ELECTIONS ACT, 1930.

THE SEANAD BYE-ELECTIONS ACT, 1930.

WHEREAS by sub-section (i) of section 10 of the Seanad Bye-Elections Act, 1930 (hereinafter referred to as " the Act "), it is enacted in effect that the Minister for Local Government and Public Health (hereinafter referred to as " the Minister "), may by order make regulations prescribing any matter or thing which is referred to in the Act or in any section or schedule of the Seanad Electoral Act, 1928 , applied by the Act, as prescribed or to be prescribed:

AND WHEREAS the forms set forth in the Schedule hereto are forms which are referred to in the Act or a section or schedule of the Seanad Electoral Act, 1928 , applied by the Act, as prescribed or to be prescribed by the Minister for the purposes of a Seanad bye-election :

NOW THEREFORE, the Minister in exercise of the powers vested in him by the Act, does by this his Order, order and prescribe as follows, that is to say :—

1. This Order may be cited and referred to as the Seanad Bye-Elections (Forms) Order, 1930.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. For the purposes of a Seanad bye-election the forms numbered respectively 1 to 10 set forth in the Schedule to this Order shall be used in the cases to which they are expressed to be applicable and shall be the prescribed forms for the purposes of the Act.

Given under the Official Seal of the Minister, this Thirteenth day of June, One Thousand Nine Hundred and Thirty.

(Signed) RISTEÁRD UA MAOLCHATHA.

Minister.

SCHEDULE

Form No. 1.

FORM OF NOMINATION PAPER IN SEANAD BYE-ELECTION.

We, the undersigned, A.B., of............................................................ ..in the.............................................of................................................and C.D., of.............................................in the.................................... of.................................... ; being members of the Oireachtas, do hereby nominate the following person as a proper person to serve as a member of Seanad Eireann.

And we declare that the said person is a citizen of Saorstát Eireann, that he is qualified by age and otherwise to be a member of Seanad Eireann, and that he is subject to no incapacity or disability under the Constitution or by law.

Signed, A.B. Proposer.

C.D. Seconder.

We, the undersigned, being ten members of the Oireachtas, do hereby assent to the nomination of the above-mentioned person as a proper person to serve as a member of Seanad Eireann.

Signed, E.F., of

G.H., of

I.J., of

K.L., of

M.N., of

O.P., of

Q.R., of

S.T., of

U.V., of

W.X., of

Form No. 2.

FORM OF FRONT OF BALLOT PAPER.

Counterfoil No. Note: The Counterfoil is to have a number to correspond with that o the back of the Ballot Paper.

FORM OF BALLOT PAPER.

FORM OF BACK OF BALLOT PAPER.

Number.....................

Bye-Election to Seanad Eireann, held pursuant to the Order of the Minister for Local Government and Public Health, bearing date the day of 19 .

NOTE.—The number on the back of the Ballot Paper is to correspond with that on the counterfoil.

DIRECTIONS AS TO PRINTING BALLOT PAPER.

Nothing is to be printed on the ballot paper, except in accordance with the Seanad Bye-Election Act, 1930.

Form No. 3.

FORM OF DECLARATION OF IDENTITY.

Ballot Paper No......................

DECLARATION OF IDENTITY.

I,.......................................do solemnly and sincerely declare that I am the person to whom the ballot paper numbered as above, and the envelope in which it was enclosed (both of which I now produce) were sent. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Voter's Signature..............................

Made before me this day of 19 , at.............................................by the above-named.............................. who is personally known to me and has produced to me the ballot paper and envelope referred to in the above declaration.

Name....................................................

Address.................................................

...............................................

Authority (i.e., whether peace commissioner, commissioner for oaths, notary, etc.)......................................................

(See Instructions on the back of this Form.)

INSTRUCTIONS TO THE VOTER.

(To be printed on back of Form of Declaration of Identity).

1. Before marking the accompanying ballot paper the Voter must produce

(i) The ballot paper showing the number on the back thereof ;

(ii) This paper ; and

(iii) The envelope in which he received the ballot paper ; to a peace commissioner, a commissioner for oaths or a notary public to whom he is personally known, and must make the declaration on the other side of this paper before such commissioner or notary.

2. If the voter is not in Saorstát Eireann, he must before marking the accompanying ballot paper, produce the three documents mentioned above to a person (to whom he is personally known) who is authorised by the law of the place where he is to administer oaths, and the voter must then make the declaration on the other side of this paper before such person.

3. No stamp duty is payable on the declaration.

4. In order to vote, the voter must place the figure 1 in the space on the left-hand side of the ballot paper opposite to the name of the candidate for whom he votes : that is to say, the candidate he likes best. He may also place the figure 2 in the space on the left-hand side of the ballot paper opposite to the name of the candidate he likes second best, and may place the figure 3 similarly opposite to the name of the candidate he likes third best, and so on. If the voter does not place the figure 1 on his ballot paper or places the figure 1 opposite to more than one name, or places the figure 1 and some other figure opposite to the same name, or places any mark on the paper by which he may afterwards be identified, his ballot paper will be void, and will not be counted. The ballot paper must not be marked with a cross. The voter should not allow any person to see how he has voted.

Immediately after voting, the voter must place the marked ballot paper in the enclosed small envelope, on which are printed the words "Ballot paper envelope," and fasten it up. He must then place the ballot paper envelope, together with this paper, in the other larger enclosed envelope, addressed to the Returning Officer, and despatch the same by post without delay. Unless an elector returns his ballot paper at once, it may be too late to be counted.

5. If a voter receives more than one ballot paper, he must remember that he can vote only once. Every person who votes more than once at an election is guilty of an illegal practice, and is liable to a fine not exceeding, one hundred pounds,

FORMS OF ENVELOPES.

Form No. 4.

FORM OF OUTER ENVELOPE.

Form No. 5.

FORM OF COVERING ENVELOPE.

Form No. 6.

FORM OF BALLOT PAPER ENVELOPE.

Form No. 7

FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE BALLOT.

THE SEANAD BYE-ELECTIONS ACT, 1930 .

I solemnly undertake that I will not at the Bye-Election to Seanad Eireann held pursuant to the Order of the Minister for Local Government and Public Health, bearing date the............day of....................................... 19......, do anything forbidden by Section 13 of the Seanad Electoral Act, 1928 , which section as applied by section 9 of the Seanad Bye-Elections Act, 1930 , I have read.

Signed in the presence of

Signed....................................

................................................... Address..........................................

Seanad Returning Officer, or Peace Commissioner for the County of

...................................................

Dated this............day of................................................19.......

SEANAD ELECTORAL ACT, 1928 .

SECTION 13.

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

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

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

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

Form No 8

FORM OF CERTIFICATE TO BE SENT TO THE CLERKS OF THE DAIL AND SEANAD.

THE SEANAD BYE-ELECTIONS ACT, 1930 .

To The Clerk of the Dail.

To The Clerk of the Seanad.

Pursuant to Rule 23 of the First Schedule to the Seanad Electoral Act, 1928 , as applied by Section 9 of the Seanad Bye-Elections Act, 1930 , I........................being the Seanad Returning Officer appointed by the Minister for Local Government and Public Health for the Bye-Election to fill............vacancy (vacancies) in Seanad Eireann, held pursuant to the Order of the said Minister, bearing date the............day of....................................19......, do hereby certify that the name(s) of the candidate(s) elected at the said bye-election; (the order in which they were elected) the total number of votes given for each candidate (whether elected or not), every transfer of votes under the said Act, and the total value of the number of votes credited to each candidate at the end of the count at which each such transfer took place, are as shown in the following result*:—

* See form No. 10.

RESULT SHEET.

(Signed),............................................................ .............

(Seanad Returning Officer).

Dated this...............day of.......................................19.......

Form No. 9.

FORM OF CERTIFICATE TO BE PUBLISHED IN IRIS OIFIGIUIL.

THE SEANAD BYE-ELECTIONS ACT, 1930 .

Pursuant to Rule 24 of the First Schedule to the Seanad Electoral Act, 1928 , as applied by Section 9 of the Seanad Bye-Elections Act, 1930 , I........................being the Seanad Returning Officer, appointed by the Minister for Local Government and Public Health for the bye-election to fill............vacancy (vacancies) in Seanad Eireann, held pursuant to the Order of the said Minister, bearing date the............day of....................................19......, do hereby certify that at the said bye-election the following candidate(s) was (or were) elected :

(Signed),............................................................ ...................

(Seanad Returning Officer).

Dated this............day of.................................19.......

Form No. 10.

FORM OF RESULT SHEET.

THE SEANAD BYE-ELECTIONS ACT, 1930 .

Bye-Election to fill.........vacancy (vacancies) in Seanad Eireann, held pursuant to the Order of the Minister for Local Government and Public Health bearing date the............day of....................................19......

Number of valid votes............................................................ ..........................

Full total value of valid votes............................................................ ..............

Number of vacancies to be filled............................................................ ...........

Quota (value sufficient to secure the election of a candidate)............................