S.I. No. 207/1948:

DEPARTMENT OF LOCAL GOVERNMENT SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 SEANAD GENERAL ELECTION (PANEL MEMBERS) (PRESCRIBED FORMS) REGULATIONS, 1948.

DEPARTMENT OF LOCAL GOVERNMENT SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 SEANAD GENERAL ELECTION (PANEL MEMBERS) (PRESCRIBED FORMS) REGULATIONS, 1948.

The Minister for Local Government in exercise of the powers conferred on him by section 5 of the Seanad Electoral (Panel Members) Act, 1947 , hereby makes the following regulations:--

1. Each of the forms set forth in the schedule to these regulations shall be the prescribed form for the purpose of the Seanad Electoral (Panel Members) Act, 1947 , to which such form is expressed to be applicable.

2. The label required pursuant to rule 8 of the First Schedule to the Seanad Electoral (Panel Members) Act, 1947 , to be affixed to the covering envelope shall be affixed by pasting the label to the back of the said envelope, so that the flap of the said envelope cannot be opened without detaching or breaking the label.

3. These regulations may be cited as the Seanad General Election (Panel Members) (Prescribed Forms) Regulations, 1948.

GIVEN under the Official Seal of the Minister for Local Government this thirteenth day of January, One Thousand Nine Hundred and Forty-eight.

(Sgd.) SEAN MACENTEE,

Minister for Local Government.

Form No. 1.

Section 27 (1)

NOTICE TO NOMINATING BODY OF RIGHT TO PROPOSE FOR NOMINATION.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947

Name of Panel............................................................ ............................................................ ...................................

To ............................................................ ............................................................ ...................................................

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

being a body registered in the register of nominating bodies in respect of the above-mentioned panel.

Notice is hereby given that the above-mentioned body has the right to propose for nomination.........................................................persons to the ............................................................ ........panel.

A Form of Proposal for Nomination Paper is sent herewith.

Section 27 (2) and (3) of the Seanad Electoral (Panel Members) Act, 1947 , makes the following provisions with respect to nominations.

(2) A proposal for nomination to a panel by a nominating body shall be made in accordance with the following provisions :--

(a) the proposal shall be made in writing on a Proposal for Nomination paper in the prescribed form ;

(b) the nominating body shall propose by one and the same proposal for nomination paper all the persons which it is entitled to propose ;

(c) the Proposal for Nomination paper shall contain the particulars required by the prescribed form of proposal for nomination paper to be stated therein (including a statement of the qualifications of every person thereby proposed for the panel to which he is proposed) and shall be signed by the nominating body ;

(d) where the nominating body is a body corporate, the proposal for nomination paper shall be signed by the body by affixing to such paper the seal of the body in the manner and with the counter signatures required by the constitution, articles of association, or other regulations of the body ;

(e) where the nominating body is not a body corporate, the Proposal for Nomination paper shall be signed in the name of the body by some person having authority to sign in that name.

(3) In the case of the Irish County Councils' General Council and in the case of the Association of Municipal Authorities of Ireland, the persons to be proposed for nomination to the administrative panel by those bodies respectively shall be chosen by the members of the body voting on the system of proportional representation by means of the single transferable vote.

With regard to the qualifications referred to in sub-section (2) (c) of that section, Article 18 (7) of the Constitution requires that the panels shall contain respectively the names of persons having knowledge and practical experience of the following interests and services.

As regards the

(i) Cultural and Educational panel :--

National Language and Culture, Literature, Art, Education, and such professional interests as may be (defined by law for the purpose of this panel.

Note : Professional interests for the purposes of this panel have been defined by law as

(a) law, and

(b) medicine, including surgery, dentistry, veterinary medicine and pharmaceutical chemistry.

(ii) Agricultural panel--

Agriculture and allied interests, and Fisheries ;

(iii) Labour panel--

Labour, whether organised or unorganised ;

(iv) Industrial and Commercial panel--

Industry and Commerce, including banking, finance, accountancy, engineering and architecture ;

(v) Administrative panel--

Public Administration and social services, including voluntary social activities.

The Form of Proposal for Nomination paper is, for convenience, in three separate parts : a first sheet, continuing sheets and a final sheet. A separate continuing sheet should be used for each candidate proposed. Each continuing sheet should state the name, address, description and qualifications for the panel of the person proposed, in the spaces provided therefor. The surname of the person proposed and the other name or names must be given in full. In the space opposite the words " Description of person proposed for nomination," the rank, profession or calling of the person proposed should be stated. The address and qualifications of the person proposed should be set out in the spaces provided therefor on the sheet. The particulars given should be such that the identity of the person proposed is free from doubt.

When completed, the " First Sheet," the sheets marked " Continuing Sheet No............" and the sheet marked " Final Sheet," should be fastened together in that order and submitted as one proposal for nomination paper.

Where a nominating body purports to propose for nomination by a proposal for nomination paper either more persons or less persons to a panel than such nominating body is entitled so to propose, the nomination paper shall be wholly void.

The period during which proposals for nomination by nominating bodies may be received expires on the      day of         at twelve o'clock noon.

Seanad Returning Officer.

Leinster House,

Dublin.

Form No. 2.

FIRST SHEET

Section 27.

Number of Candidates to be

proposed for nomination........

FORM OF PROPOSAL FOR NOMINATION PAPER FOR USE BY NOMINATING BODY

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1948.

Name of Nominating Body............................................................ ............................................................ ....................

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

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

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

The above-named body proposes for nomination to the.......................................................panel, the persons whose names are hereinafter set forth as candidates for election to Seanad Eireann, and declares in respect of every such person that he is qualified to be and is not disqualified from being elected a member of Seanad Eireann, and is qualified for inclusion in the said panel by reason of the qualifications hereinafter set forth in respect of him.

Form No. 3.

Section 29.

FORM OF NOMINATION PAPER FOR USE BY MEMBERS OF THE OIREACHTAS.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .

We the undersigned Members of the Oireachtas hereby nominate to the ..................................................Panel, the undermentioned person for election to Seanad Eireann and declare that the said person is qualified to be and is not disqualified from being elected a Member of Seanad Éireann, and that the said person is qualified for the said panel by reason of the qualifications hereinafter set forth.

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

Member of *Dáil *Seanad Éireann

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

Member of *Dáil *Seanad Éireann

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

Member of *Dáil *Seanad Éireann

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

Member of *Dáil *Seanad Éireann

*Strike out whichever is inapplicable.

Continuing Sheet No...............................................

FINAL SHEET

Authentication.

(See Note)

Note.

The statutory requirements with respect to the signing of proposal for nomination papers are as follows:--

1. Where the nominating body is a body corporate, the proposal for nomination paper shall be signed by the body by affixing to such paper the seal of the body in the manner and with the counter signatures required by the Constitution, articles of association, or other regulations of the body.

2. Where the nominating body is not a body corporate, the proposal for nomination paper shall be signed in the name of the body by some person having authority to sign in that name.

Form No. 4.

Section 28 (2).

NOMINATING BODIES LIST

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

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

Seanad Returning Officer.

Form No. 5.

Section 28 (5).

PROPOSAL FOR NOMINATION PAPER FOR PROPOSALS FOR NOMINATION BY THE TAOISEACH.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .In pursuance of section 28 of the Seanad Electoral (Panel Members) Act, 1947 , the Taoiseach hereby proposes for nomination to the.................... Sub-panel of the...................................................Panel, the person whose name is hereinafter set forth as a candidate for election to Seanad Éireann and declares in respect of such person that he is qualified to be and is, not disqualified from being elected a member of Seanad Éireann, and is qualified for inclusion in the said panel by reason of the qualifications hereinafter set forth in respect of him.

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

Taoiseach

Form No. 6.

Section 37 (4).

NOMINATION PAPER FOR NOMINATIONS BY TAOISEACH TO COMPLETE PROVISIONAL SUB-PANELS.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .

In pursuance of Section 37 of the Seanad Electoral (Panel Members) Act, 1947 , the Taoiseach hereby nominates to the................................................Sub-panel of the ............................................................ ..Panel the person whose name is hereinafter set forth as a candidate for election to Seanad Éireann and declares in respect of such person that he is qualified to be and is not disqualified from being elected a member of Seanad Éireann, and is qualified for inclusion in the said panel by reason of the qualifications hereinafter set forth in respect of him.

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

TAOISEACH.

Form No. 7.

Section 32.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947

NOTICE OF HOLDING OF NOMINATION COMMITTEE (GENERAL ELECTION) MEETING.

.......................................Panel

NOTICE is hereby given that a meeting of the nomination committee for the above mentioned panel will be held at..............................commencing at...................... A copy of the nominating bodies list for the panel is enclosed. A poll will be held at the meeting for the purpose of selecting............................persons from that list to be included in the provisional nominating bodies sub-panel in respect of the above panel.

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

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

Seanad Returning Officer.

Form No. 8.

Section 30.

PROVISIONAL OIREACHTAS SUB-PANEL.

........................................................Panel.

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

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

Seaned Returning Officer.

Form No. 9.

Section 35.

PROVISIONAL NOMINATING BODIES SUB-PANEL

.......................................Panel.

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

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

Seanad Returning Officer.

Form No. 10.

Section 47.

FORM OF FRONT OF BALLOT PAPER

SEANAD GENERAL ELECTION BALLOT PAPER

............................................................ Panel

FORM OF BACK OF BALLOT PAPER.

SEANAD GENERAL ELECTION 19...

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

Form No. 11.

FORM OF DECLARATION OF IDENTITY.

FOR USE AT SEANAD GENERAL ELECTION.

Third Schedule

Rule 8 (1) (a) (ii).

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

DECLARATION OF IDENTITY.

I hereby declare that I am the person to whom the ballot papers and the envelope in which they were enclosed were sent and I produce the said envelope and the ballot papers unmarked.

(Voter's Signature) ............................................................ ............................................................ .............................

The above-named, who has produced the ballot papers unmarked and the envelope above referred to, and has signed the above declaration in my presence, is personally known to me (or is identified to me by............................................................ .... of ............................................................ ............... who is personally known to me).

(Witness's Signature)............................................................ ............................................................ ........

(Official Status and address)............................................................ ........................................................

(Date) ............................................................ ............................................................ ..................

(See instructions on back of this Form.)

INSTRUCTIONS TO THE VOTER.

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

1. An authorised person is any one of the following :--

(a) The Seanad returning officer.

(b) The Clerk of Dáil Éireann.

(c) The County Registrar of the county or county borough in which is situate the premises the address of which is stated on the envelope (hereinafter referred to as " the outer envelope ") addressed to the elector containing the ballot papers, the ballot paper envelope and the envelope addressed to the Seanad returning officer.

(d) The sheriff or under-sheriff for the said county or county borough.

(e) The Superintendent of the Gárda Síochána in whose district is situate the said premises or, where the superintendent is unable to perform his duties, such inspector of the Gárda Síochána performing duties in that district as the superintendent may nominate.

2. The voter must produce to an authorised person the outer envelope, the ballot papers which must be five in number and which must be unmarked, the ballot paper envelope and the covering envelope addressed to the Seanad returning officer.

3. The number which is on the back of the ballot paper must be marked on the declaration of identity, and the declaration of identity completed and handed to the authorised person who, if he is satisfied that the person who made the declaration is the person to whom the outer envelope is addressed, shall sign it and return it to the voter.

4. The voter must mark one or more than one of the ballot papers and must place all the ballot papers, whether marked or unmarked, in the ballot paper envelope, without showing the papers to anyone after they have been shown unmarked to the authorised person in accordance with instruction 2 above.

5. The ballot paper envelope and the completed declaration of identity must then be placed in the covering envelope addressed to the Seanad returning officer. That envelope must be effectually closed and then handed to the authorised person, who will affix a label bearing a certificate which he will sign if he is satisfied that it is proper so do so.

6. The voter must return the envelope containing the ballot paper envelope and the declaration of identity to the Seanad returning officer by registered post. If this is not done, the vote will be rejected as invalid. If the voter delays returning the ballot papers, they may be received too late and not be counted.

7. There is a different ballot paper for each panel. If the voter wishes to vote for a candidate, he 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.

8. For convenience in marking, the names on a ballot paper are arranged in columns. The figure 1, indicating a first preference, may be placed in any column but if another figure 1 is also placed in another column on the same ballot paper, the vote will be invalid.

9. The voter, having marked a ballot paper for one panel, must if he wishes to vote for the candidates on another panel, mark the ballot paper for that panel in the same manner separately.

10. Any ballot paper on which the figure 1 indicating a first preference is not placed will be rejected as invalid.

Form No. 12.

Third Schedule

Rule 4.

BALLOT PAPER ENVELOPE.

Form No. 13.

Third Schedule

Rule 4.

OUTER ENVELOPE.

FORM OF FLAP OF ENVELOPE.

DO NOT DESTROY THIS ENVELOPE UNTIL YOU HAVE VOTED. IT MUST BE SHOWN TO THE AUTHORISED OFFICER.

Form No. 14.

Third Schedule,

Rule 4.

COVERING ENVELOPE.

Form No. 15.

First Schedule,

Rule 8 (1) (b).

LABEL TO BE AFFIXED TO COVERING ENVELOPE.

I............................................................ being an authorised person, hereby certify that the ballot papers in this envelope, having been shown to me unmarked, were not shown to anyone thereafter by the voter before being placed in this envelope which was then handed to me closed.

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

Rank or Office.............................................

Form No. 16.

First Schedule,

Rule 26.

UNDERTAKING TO PRESERVE THE SECRECY OF THE VOTING.

I solemnly undertake that I will not at or in respect of this Seanad election do anything forbidden by Section 82 of the Seanad Electoral (Panel Members Act, 1947 , which I have read.

Form No. 17.

First Schedule,

Rule 27.

Second Schedule,

Rule 12.

CERTIFICATE OF RESULT OF POLL AT SEANAD GENERAL ELECTION.

.................................... Panel.

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

Value of valid votes..........................

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

I certify that at the Seanad General Election held pursuant to an Order of the Minister for Local Government dated the..................day of...........................the following were elected as members of Seanad Eireann in respect of the above-mentioned panel

and that the total number of votes given for each candidate, every transfer of values and the result of every such transfer are as hereon appearing.

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

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

Seanad Returning Officer

Form No. 18.

First Schedule,

Rule 28.

STATEMENT OF NAMES OF CANDIDATES ELECTED.

In pursuance of rule 28 of the First Schedule to the Seanad Electoral (Panel Members) Act, 1947 , the Seanad Returning Officer hereby certifies in respect of the Seanad General Election held on the days and at the times appointed in that behalf by an Order made by the Minister for Local Government on the................ day of....................................under Section 24 of the said Act, that the names of the candidates duly elected from the several panels are as set out hereunder.

CULTURAL AND EDUCATIONAL PANEL.

NOMINATING BODIES SUB-PANEL.

OIREACHTAS SUB-PANEL

AGRICULTURAL PANEL.

NOMINATING BODIES SUB-PANEL.

OIREACHTAS SUB-PANEL.

LABOUR PANEL.

NOMINATING BODIES SUB-PANEL.

OIREACHTAS SUB-PANEL.

INDUSTRIAL AND COMMERCIAL PANEL.

NOMINATING BODIES SUB-PANEL.

OIREACHTAS SUB-PANEL.

ADMINISTRATIVE PANEL.

NOMINATING BODIES SUB-PANEL.

OIREACHTAS SUB-PANEL.

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

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

Seanad Returning Officer.