The Minister for Local Government in exercise of the powers conferred on him by sections 82 , 83 and 86 of the Electoral Act, 1963 , (No. 19 of 1963) hereby makes 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 Local Elections Regulations, 1965.

Interpretation.

2.--(1) In these Regulations, except so far as the context otherwise requires--

" the Minister " means the Minister for Local Government ;

" the Act " means the Electoral Act, 1963 ;

" area of the local authority " means the functional area of the local authority ;

" clerk " means--in relation to the corporation of a county or other borough, the council of an urban district or the commissioners of a town--the town clerk.

" deposit " means the sum of money required by article 17 of these Regulations to be deposited with the returning officer by or on behalf of a candidate ;

" election " means a local election ;

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

" local authority " means the council of a county, the corporation of a county or other borough, the council of an urban district, or the commissioners of a town ;

" member " includes a lord mayor, mayor, chairman, alderman, councillor and a commissioner of a town ;

" personation agent " means a person appointed as an agent under sub-article (3) of article 11 of these Regulations ;

" polling day " means, in relation to an election, the day fixed under section 84 of the Act for the holding of the poll at that election ;

" polling place " means a polling place appointed by a scheme in force under section 22 of the Act ;

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

" postal ballot paper " means a ballot paper issued to a postal voter pursuant to article 33 of these Regulations ;

" register " means the register of local government electors ;

" secretary " means, in relation to a county council, the county secretary.

(2) Every reference to a meeting or member of a local authority shall, where the local authority is the corporation of a county or other borough, be construed as a reference to a meeting or member of the council established by law in respect of such county or other borough.

(3) Every reference to a particular officer shall be construed as including a reference to any person duly appointed either as deputy for such officer or to act in the place of such officer during his absence or incapacity or during a vacancy in his office.

Forms.

3. Each of the forms in the Schedule to these Regulations shall be used for the purpose for which such form is expressed to be applicable. A reference in these Regulations to a particular form shall be construed as a reference to that form as set forth in the said Schedule.

Returning Officer.

4. The clerk or secretary of a local authority shall be the returning officer for the election of members of such local authority.

General duty of returning officer.

5. It shall be the general duty of the returning officer for an election to do all such acts and things as may be necessary for effectually conducting the election.

Deputy returning officers.

6.--(1) The returning officer for an election may, in writing, appoint one, or more than one, fit and proper person to be deputy returning officer or officers and may delegate to any such deputy such of the functions of the returning officer as maybe specified in the appointment.

(2) The returning officer may at any time revoke the appointment of a deputy returning officer appointed by him or the delegation of any functions made by him under sub-article (1) of this article.

(3) For the purpose of taking the poll at the election of county councillors in a borough, urban district or town, the clerk of the borough, urban district, or town shall be deputy returning officer.

(4) 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.

(5) In these Regulations, any reference to the returning officer in relation to any act, matter or function for which a deputy returning officer is appointed by or under this article shall, unless the context otherwise requires, be interpreted as a reference to such deputy returning officer.

Election office.

7. The returning officer for an election shall appoint some convenient place within the area of the local authority to be his office for the purposes of the election.

Expenses of returning officer.

8.--(1) The expenses of the returning officer for conducting an election shall be defrayed by the local authority.

(2) On the request of the returning officer for an advance on account of his expenses for conducting an election, the local authority by which the expenses are to be paid may make an advance on such terms as it thinks fit.

(3) Where the polls at elections of members of two different local authorities are taken together in the same polling place or places, the cost of taking the polls at the elections in such place or places shall be borne equally by the local authorities concerned.

Officers not to act as agents of candidates, further candidatures, etc.

9.--(1) A returning officer or any person employed by him for any purpose relating to an election shall not act as agent for any candidate at that election and shall not be actively associated in furthering the candidature of any candidate at the election.

(2) 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.

Mutual assistance.

10. It shall be the duty of every person upon whom any function is conferred by or under Part VI of the Act or under these Regulations and of every person appointed or employed (otherwise than by any candidate) for any purpose relating to an election, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of an election.

General provisions as to agents.

11.--(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,

(d) at the counting of the votes.

(2) Subject to the provisions of sub-article (3) of this article, the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer, so, however, that 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 local electoral area for which he has been nominated, for the purpose of assisting in the detection of personation ; provided that not more than one such agent may be appointed to be present in a polling station at which the polls at the election of members of two different local authorities are taken together.

(4) A candidate may at any time revoke the appointment under this article 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 the said 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) Each candidate shall, not later than two days 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. Every personation agent appointed in accordance with this article and whose name and address have been duly notified to the returning officer shall be entitled to be present in the said 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 article 53 of these Regulations.

(7) Each candidate shall, not later than one 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.

12. 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.

Provision for Sundays, public holidays, etc.

13.--(1) Where any time is appointed by these Regulations as the time before, during or after which any thing is to be done, any day which is a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared by statute or proclamation to be a public holiday shall not be reckoned in computing such time.

(2) Where the day on or by which anything is required by these Regulations to be done falls on a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared by statute or proclamation to be a public holiday, that thing shall be done on or by the next following day which is not a Sunday, Christmas Day, Good Friday, Bank Holiday or day declared as aforesaid to be a public holiday.

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,

(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.

15. On the day before the latest date for the publication of the Notice of Election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.

Nomination of candidates.

16.--(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 area of the local authority for which he proposes to nominate the candidate) as proposer.

(3) Each candidate shall be nominated by a separate nomination paper in Form L.E.1.

(4) A separate nomination paper shall be required for each local electoral area for which a candidate is nominated.

(5) Each nomination paper shall state the full names (the surname being stated first), the address and the occupation (if any) of the candidate.

(6) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties of which he is a candidate provided that, at the time the nomination paper is delivered to the returning officer, a certificate in Form L.E.2 (in these Regulations referred to as a certificate of political affiliation) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to paragraph (cc) of subsection (3) of section 13 of the Act. The returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such party, as shown in the nomination paper, to be specified in relation to the candidate on all the ballot papers and on notices.

(7) Where a candidate is not the candidate of a political party registered in the Register of Political Parties, he shall be entitled to enter after his name on the nomination paper the expression " Non-Party " and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(8) Any reference in the foregoing sub-articles to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to article 15 of these Regulations.

(9) The returning officer shall provide nomination papers during the usual office hours of the local authority, at such place or places as are named in the Notice of Election, on each week-day (other than a Saturday) on which the offices of the local authority are open for public business, 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 not be obligatory provided that the nomination paper used is in Form L.E.1.

Deposit by candidates.

17.--(1) Each candidate at an election, or someone on his behalf, shall before the latest time for the receipt of nominations, deposit with the returning officer in respect of each local electoral area for which he is nominated, a sum of money in accordance with this article, and if he fails to do so in respect of any such local electoral area his candidature for such local electoral area shall be deemed to have been withdrawn.

(2) The amount of the deposit shall be ten pounds in the case of an election of members of the council of a county or of the corporation of a county borough and five pounds in the case of any other election.

(3) 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.

18.--(1) The deposit made by or on behalf of a candidate in respect of a local electoral area shall be returned where the candidate--

(a) withdraws his candidature in accordance with article 24 of these Regulations in respect of that local electoral area,

(b) is deemed, under sub-article (2) of article 27 or sub-article (5) of article 28 of these Regulations, to have withdrawn his candidature in respect of that local electoral area,

(d) has not, before the latest time for the receipt of nominations, been validly nominated as a candidate for that local electoral area,

(e) is elected, or

(f) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes in respect of that local electoral area exceeds one-third of the quota.

(2) Any deposit which is not to be returned under the foregoing sub-article shall be forfeited.

(3) Where at the hour of 12 noon on the day next following the latest date for receiving nominations at an election a candidate stands nominated for more than one local electoral area of the same local authority, he shall not be entitled to have more than one deposit returned in respect of such nominations and the other deposit or deposits shall be forfeited.

(4) Where a deposit is to be returned under sub-article (1) of this article 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.

(5) A deposit forfeited under this article 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.

19. At an election the earliest time for receiving nominations shall be 10 a.m. on the 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.

20.--(1) Every nomination paper shall be delivered to the returning officer within the times specified in article 19 of these Regulations, by the candidate or his proposer.

(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 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.

21. 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 for a local electoral area shall be deemed to be the nomination of that candidate for that local electoral area.

Ruling on validity of nomination papers.

22.--(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) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. Where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(3) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include a statement of his reasons. His decision, if it rules that the nomination paper is valid, shall be final and, if it rules that the nomination paper is invalid, shall be subject to reversal on petition questioning the election or return.

(4) 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.

(5) Every person in respect of whom a nomination paper has, under this article, been determined to be valid and whose candidature is not withdrawn in accordance with article 24 of these Regulations or is not deemed under sub-article (1) of article 17 or sub-article (2) of article 27 or sub-article (1) of article 28 of these Regulations to have been withdrawn shall stand validly nominated as a candidate.

(6) Nothing in this article shall prevent the validity of the nomination of any candidate from being questioned on an election petition.

Publication of nominations.

23. The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, cause a notice to be displayed outside the place at which he is receiving nominations stating the name and description of the person nominated in the paper, the name and address of his proposer, if any, and the local electoral area for which the person has been nominated.

Withdrawal of candidature.

24.--(1) A candidate may 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 not later than the hour of 12 noon on the day next following the latest date for receiving nominations.

(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 said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.

(3) Where a candidate has been nominated for more than one local electoral area of a local authority the notice of withdrawal shall state the local electoral area for which he wishes his candidature to be withdrawn.

Publication of withdrawal.

25. The returning officer shall, immediately on the delivery to him of a notice of withdrawal under article 24 of these Regulations, 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), stating the local electoral area for which the candidature has been withdrawn.

Obstruction of nominations.

26.--(1) If the proceedings for or in connection with the nomination of candidates at an election for a local electoral area are obstructed by violence the returning officer may adjourn the proceedings to the next following day and, if he so considers necessary, may further adjourn the proceedings until such obstruction shall have ceased.

(2) Where any proceedings for or in connection with such nomination are adjourned under this article, the latest date for receiving nominations and the date for the taking of the poll in the said local electoral area shall be postponed for a period equal to the period of such adjournment.

Procedure after nominations.

27.--(1) Subject to the provisions of sub-article (2) of this article, if at 12 noon on the day next following the latest date for receiving nominations--

(a) the number of candidates standing nominated for a local electoral area exceeds the number of members to be elected for that area, the returning officer shall adjourn the election for that area 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 local electoral area is equal to or less than the number of members to be elected for the area, 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 the provisions of article 75 of these Regulations.

(2) Where, at 12 noon on the day next following the latest date for receiving nominations, either no candidate stands nominated for election to a local authority or the candidates standing nominated who can be elected to a local authority are less in number than the quorum for meetings of the local authority, the candidature of any candidate standing nominated shall be deemed to have been withdrawn and the returning officer shall so inform the Minister and shall give public notice that the election will not be proceeded with.

(3) Where, by reason of a deficiency in the number of candidates standing nominated for one or more local electoral areas at 12 noon on the day next following the latest date for receiving nominations, the candidates who can be elected at an election are less in number than the full number of members of the local authority but are not less in number than the quorum for meetings of such local authority, the local authority shall be validly constituted by virtue of such election notwithstanding the vacancies arising from such deficiency and such vacancies shall be deemed to be casual vacancies occurring on the day on which the newly-elected members come into office under article 85 of these Regulations and shall be filled accordingly.

PART III Death of a Candidate

Death of a candidate.

28.--(1) Where, not less than seventy-two hours before the latest time for the withdrawal of candidature under article 24 of these Regulations, 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 seventy-two hours before the latest time for the withdrawal of candidature under article 24 of these Regulations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election for a local electoral area has died, the following provisions shall have effect in relation to the election for that area--

(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 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 next following the said date ;

(f) the polling day at the fresh election shall be such day, being not more than seven days after the latest date for receiving nominations, as shall be fixed by the returning officer ;

(g) article 15 of these Regulations shall not apply in relation to the fresh election and references to the Register of Political Parties contained in article 16 of these Regulations shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the countermanded election.

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

(a) all votes cast at the election for the local electoral area shall be disregarded and the ballot papers destroyed ;

(b) the provisions of paragraphs (a), (c), (d), (e), (f) and (g) of sub-article (2) of this article shall apply to the election for the said local electoral area.

(4) The death of a candidate standing nominated at an election in circumstances other than those referred to in sub-articles (1), (2) and (3) of this article 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 the local authority on the day on which the newly elected members come into office under article 85 of these Regulations and the vacancy shall be deemed to be a casual vacancy and shall be filled accordingly.

(5) Where, by reason of the death of a candidate at an election in circumstances other than those referred to in sub-articles (1), (2) and (3) of this article, the candidates who can come into office under article 85 of these Regulations are less in number than the quorum for meetings of the local authority, the returning officer shall so inform the Minister and shall give public notice thereof and the provisions of section 37 of the Local Government Act, 1941 , (No. 23 of 1941), shall apply in relation to such local authority as if, at the nomination of candidates at that election, the candidates duly nominated were less in number than the quorum for meetings of such local authority, and the candidature of any candidate standing nominated shall be deemed to have been withdrawn.

(6) Where a poll is countermanded under this article, 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.

29. 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 descriptions of the candidates standing nominated as entered in their nomination papers, and of the proposers, if any, and

Ballot papers.

30.--(1) Votes at the poll at an election shall be given by secret ballot and the ballot of every voter shall consist of a paper (in these Regulations called a ballot paper) in Form L.E.3.

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

(a) Each ballot paper shall contain the names and descriptions of the candidates standing nominated, as shown in their respective nomination papers. The names shall be 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 other names are the same, in the alphabetical order of their occupations.

(b) The surname of each candidate and the name of his political party, if any, shall be printed in large characters and his full name, address and occupation, if any, as appearing in his nomination paper, shall be printed in small characters.

(c) Where the surnames of two or more candidates are the same there shall also be printed in large characters the other names of such candidates and so much of the descriptions of such candidates as appearing in their respective nomination papers, as will, in the opinion of the returning officer, distinguish such candidates.

(d) 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 alphabetical order) as, in the opinion of the returning officer, is best for marking and counting.

(e) 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 shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper.

(f) Nothing shall appear on the ballot paper except in accordance with these directions.

The official mark.

31.--(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 an election in any local electoral area more often than once in any period of fifteen years.

Ballot boxes.

32. Every ballot box shall be so constructed that it can be securely locked and 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.

Issue of postal ballot papers.

33.--(1) Every elector whose name is on the postal voters list for a local electoral area shall be entitled to vote at the poll at an election for the said area by sending his ballot paper by post to the returning officer and shall not be entitled to vote in any other manner.

(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) Each ballot paper so issued shall be marked with the official mark. The number (including polling district letter), name and description of the elector as stated in the postal voters list shall be called out the number (including polling district letter) shall be marked on the counterfoil of the ballot paper and a mark shall be placed in a copy of the postal voters 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 enter on the form of receipt for each ballot paper the number of the ballot paper.

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

(a) the ballot paper,

(b) the form of receipt,

(d) a smaller envelope, marked "Ballot Paper Envelope", bearing the number of the ballot paper,

and shall effectually close the first-mentioned envelope.

(6) 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.

(7) Where an envelope issued to a postal voter in accordance with this article 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.

(8) 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 postal voters list and the counterfoils of the ballot papers, endorsing on each packet a description of its contents and the name of the local electoral area and the date of the election to which it relates.

(9) 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.

(10) 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) The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes returned by postal voters. 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 "Postal Ballot Box" and, where he considers it appropriate, shall mark on it the name of the local electoral area. 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) A local authority may, by resolution, decide that polling cards shall be sent to electors at an election, if contested.

(2) Subject to sub-article (4) of this article, polling cards shall be sent to electors at a new election (if contested) within the meaning of Part IV of the Local Government Act, 1941 .

(3) Where a local authority has decided in accordance with sub-article (1) of this article that polling cards shall be sent to electors and where a poll is to be taken in a local electoral area at the election of members for such local authority, the returning officer shall send to every elector whose name is on the register for such local electoral area and is not on the postal voters list a polling card in Form L.E. 4. informing the elector of his number (including polling district letter) on the register, the place at which the elector will be entitled to vote, and the polling day.

(4) The returning officer for an election of members of a borough corporation, urban district council or town commissioners in a local electoral area in a county shall not send polling cards in respect of that election if--

(a) the election of members of the county council for the local electoral area is contested,

(b) the polling day for that election is the same as the polling day for the election of members of the borough corporation urban district council or town commissioners, and

(c) the county council has decided that polling cards shall be sent to electors at the election of members of the county council.

(5) A polling card 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.

(6) In this article " polling card " means a polling card within the meaning of section 83 of the Act.

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 being used for the purpose of taking the poll and counting the votes.

(3) The use of any unoccupied premises or any part thereof for the purpose of the taking of the poll shall not render any person liable to be rated or to pay any rate for the premises.

(4) 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 for the purpose of taking the poll at an election, send to the returning officer notice of objection to such use. 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.

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. Where, by reason 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.

(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,

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

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

(f) copies of the register 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) 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.

(3) 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 article 41 of these Regulations to be present in the station.

(4) 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.

(5) 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.

Advance polling on islands.

39.--(1) This article applies where a poll is to be taken at an election for a local electoral area, and 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.

(2) Where this article applies, the returning officer 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 second day next following the latest date for the receipt of nominations, and the following provisions shall, notwithstanding anything contained in these Regulations, have effect--

(a) 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,

(b) 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,

(c) 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 article 29 of these Regulations by reason of the alteration under this article 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,

(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 article 42 of these Regulations, 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 in a local electoral area 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 local electoral area, and the elector may vote accordingly.

Procedure for voting.

43.--(1) Subject to the provisions of articles 33, 45, 46, 47 and 48 of these Regulations, 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 register shall be called out;

(b) the number (including polling district letter) of the elector shall be marked on the counterfoil of the ballot paper;

(d) a mark shall be placed in the register 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) The elector on receiving the ballot paper shall (subject to the provisions of article 45 of these Regulations) 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. 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. 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. A voter who has inadvertently spoilt his ballot paper may, on returning it to the presiding officer, be given another ballot paper. The presiding officer shall immediately mark " Spoilt " on the spoilt ballot paper and on the counterfoil thereof. He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with article 53 of these Regulations.

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 article shall apply.

(2) For the purposes of sub-article (1) of this article 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 :--

I swear by Almighty God (or--do solemnly, sincerely and truly declare and affirm--as the case may be) that my sight is so impaired (or--that I am so physically incapacitated or--that I am so illiterate-- as the case may be) that I am unable to vote without assistance

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

(3) Where this article 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 sub-article (4) of this article, 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) Have you attained the age of sixteen years ?

(b) Have you marked as a companion more than one ballot paper at this election ?

(d) Are you an agent of a candidate at this election ?

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 article 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 sub-article (4) of this article,

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 article 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 sub-article (5) of this article 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 article, 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) Are you the person registered as follows in the register of local government electors now in force for the local electoral area of .......... ? (The whole entry from the register is to be read aloud by the presiding officer).

(b) Have you already voted at this election ?

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 :--

I swear by Almighty God (or-- do solemnly, sincerely and truly declare and affirm-- as the case may be) that I am the person registered as A B in the register of local government electors now in force for the local electoral area of .......... and that I have not already voted at this election, and that I had attained the age of twenty-one years on .......... (date of coming into force of the register)

and if such 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 article 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 register and another person representing himself to be that elector applies for a ballot paper and duly answers any questions put to him under article 46 of these Regulations and takes the oath or makes the affirmation under the said article 46, 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 article and the name and the number (including polling district letter) on the register 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 such 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 such direction.

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

(4) Any arrest authorised by this article 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) 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 said 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. A person so removed shall not re-enter the polling station without the permission of the presiding officer.

(2) For the purpose of this article, 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) Where the poll at any polling station is obstructed by violence the presiding officer for that station may adjourn the said poll until the next following day and on such following day the said poll shall be resumed at a time corresponding to the time at which it was adjourned and shall continue until a time corresponding to the time fixed for the close of the poll on polling day. References in these Regulations to the close of the poll shall be construed accordingly in relation to the said polling station.

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

(3) Where a poll is so adjourned the presiding officer shall forthwith give notice of such adjournment to the returning officer. The returning officer 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 article shall apply to any obstruction caused by persons being prevented by violence from going to any polling place and to obstruction caused in any other manner by violence.

Damage to polling station.

51.--(1) Subject to the provisions of articles 26, 28 and 50 of these Regulations, where, for any reason, including damage to a polling station, the poll at any polling place cannot be held or continued in accordance with section 84 of the Act and these Regulations, 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 place.

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

(3) The provisions of 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 place 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 place.

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

(4) The provisions of 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 provisions of the Act and of 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, separately in respect of each poll, in separate packets--

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

(b) the marked copies of the register of electors,

(d) a ballot paper account made out by him and a statement prepared in accordance with sub-article (2) of article 47 of these Regulations,

(e) any certificates given by the returning officer under article 42 of these Regulations 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) Not less than two days 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. 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 earliest time for the opening of the postal ballot boxes shall be on the polling day at the time fixed for the close of the poll and the latest time for the opening of the said 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) 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. He shall then open each covering envelope separately examine the receipt and compare the number thereon with the number on the ballot paper envelope.

(2) If the numbers on the receipt and on the ballot paper envelope are the same and 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 " Rejected " and shall attach thereto the ballot paper envelope (without opening such envelope) or, if there is no such envelope, the ballot paper.

(4) If the numbers on the receipt and on the ballot paper envelope are not the same or if the envelope has no number on it, he shall open the said envelope, and if the number on the ballot paper is the same as the number on the receipt he shall place the ballot paper in the appropriate ballot box provided in accordance with sub-article (5) of this article.

(5) 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 for the purpose of sub-article (4) of this article and sub-article (2) of article 56 of these Regulations for each local electoral area for which the election is contested and each such box shall be shown open and empty to the agents of the candidates present and shall be sealed by the returning officer.

(6) In every case in which the number on the ballot paper is not the same as the number on the receipt, the returning officer shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper, as the case may be, to the receipt, and endorse the receipt " Rejected ".

(7) 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 article.

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

(9) Where a ballot paper and receipt are received together and the numbers thereon are the same, 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.

(10) The returning officer shall show to the agents of the candidates any receipt which he is rejecting on the ground that it has not been properly signed.

(11) 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 the preceding article, the returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in sub-article (3) of the preceding article) and shall compare the number on the envelope with the number on the ballot paper.

(2) If the numbers on the envelope and on the ballot paper are the same he shall place the ballot paper in the appropriate ballot box referred to in sub-article (5) of the preceding article.

(3) If the numbers on the envelope and on the ballot paper are not the same he shall endorse the ballot paper " Rejected " and shall attach it to the envelope.

(4) When the returning officer has placed the postal ballot papers in the ballot box in accordance with this article and the preceding article, he shall, in respect of each local electoral area, 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

(5) 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.

(6) The returning officer shall endorse on each packet mentioned in sub-articles (4) and (5) of this article a description of its contents and the name of the local electoral area and the election to which they relate.

(7) The returning officer shall prepare a statement in respect of each local electoral area, 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 place within the area of the local authority or convenient to the said area 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 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 article 58 of these Regulations, the returning officer shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.

(2) Where the polls at the elections for two different local authorities have been taken together in the same polling station and ballot papers for either election are found in the ballot box provided for the other election, the returning officer shall place such ballot papers, together with a statement signed by him showing the number of papers enclosed and giving particulars of the ballot box in which they were found, in a packet which he shall seal and forthwith transmit by hand to the appropriate returning officer.

(3) 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. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes and including also particulars of the ballot papers, if any, transmitted to him pursuant to sub-article (2) of this article ; he shall, on request, allow the agent of any candidate to copy the statement.

(4) Where the statement referred to in sub-article (3) of this article is prepared by a deputy returning officer the statement shall be transmitted to the returning officer as soon as practicable.

(5) The returning officer shall then mix together the whole of the ballot papers in respect of each local electoral area (including any ballot papers transmitted to him in pursuance of sub-article (2) of this article) and shall forthwith proceed to count the votes in respect of each such area in accordance with these Regulations.

Time for the counting of the votes.

61. 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. 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 an elected candidate ; or

" 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-transferable 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-transferable 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

" 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 is not placed at all or is not so placed as to indicate a first preference for some candidate, or

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

(d) on which anything (other than the printed number on the back) 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) The returning officer shall endorse " Rejected " on any ballot paper which under this article is not to be counted. The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of the paragraphs (a), (b), (c) and (d) of the preceding sub-article and shall, on request, allow any candidate or agent of a candidate to copy such statement.

(3) Where the statement referred to in sub-article (2) of this article is prepared by a deputy returning officer the statement shall be transmitted to the returning officer as soon as practicable.

First count.

65.--(1) After the ballot papers have been mixed in accordance with article 60 of these Regulations, 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) 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. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate. 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 article 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 sub-articles (2) and (3) of this article 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-transferable papers.

(5) 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. 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 sub-article (3) of article 75 of these Regulations, 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 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. 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. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. 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. 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. 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. 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 either--

(i) 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 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) 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. 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. 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) If at any time no candidate has a surplus (or when under the preceding article 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. The non-transferable papers shall be set aside as finally dealt with and shall, for the purposes of sub-article (3) of article 75 of these Regulations, 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 sub-article (1) of this article 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 article, 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 be excluded.

Transfer of votes.

69.--(1) Where a transfer of votes is made under article 67 or 68 of these Regulations 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 article 67 of these Regulations 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 article, no further transfer of votes need be made unless 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 article 18 of these Regulations to make further transfers of votes to establish whether such a number of votes could be credited to him.

Recount.

71.--(1) 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. 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 ; but nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.

(2) The power, under the foregoing sub-article, 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) 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. In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this article 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.

Order of election of candidates.

72.--(1) The order in which candidates credited with a number of votes equal to or greater than the quota shall be deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for paragraph (a) of sub-article (8) of article 67 of these Regulations. A candidate credited with a number of votes equal to and not greater than the quota shall, for the purposes of this article, be regarded as having had the smallest surplus at the count at which he obtained the quota.

(2) Where the surpluses of two or more candidates are equal and need not be transferred, the surplus of the candidate credited with the greatest number of original votes shall be deemed the largest. 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 credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts, the returning officer shall determine by lot the order in which such candidates shall be deemed to have been elected.

(3) The order in which candidates shall be deemed to have been elected under article 70 of these Regulations shall be the order of magnitude of the numbers of votes credited to them, beginning with the largest, and where any such numbers are equal, the question shall be determined as between such candidates as if those numbers were surpluses.

Declaration of the result of the poll.

73. 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 in the order ascertained in accordance with article 72 of these Regulations.

Decisions of returning officer.

74. 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 article 68 of these Regulations or to any ballot paper or transfer of votes shall be final, subject to reversal on petition questioning the election.

CHAPTER IV Result of Election

Return of persons elected.

75.--(1) The returning officer shall make a return to the local authority of the persons elected to be members of that local authority.

(2) The return shall be made by a certificate of the names and descriptions of such persons signed by the returning officer, as soon as practicable after the result of the poll has been declared in accordance with article 73 of these Regulations or, where there in no poll, when such persons have been declared elected in accordance with paragraph (b) of sub-article (1) of article 27 of these Regulations.

(3) The returning officer shall give public notice of the names and descriptions 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 the order in which the candidates were elected. He shall also send a copy of the said notice to the Minister and to each person elected.

Person elected for more than one local electoral area.

76.--(1) Where, at an election, any person is elected as a member of the same local authority for two or more local electoral areas, he shall, within the period of three days after the return is made of persons elected to be members of the local authority, by writing signed by him and delivered to the clerk or secretary of such local authority, declare which one of those areas he chooses to represent, or if he does not so declare, he shall, at the end of the said period, be deemed to have chosen to represent the local electoral area in respect of which he received the greatest number of first preferences within the meaning of article 63 of these Regulations.

(2) Where, in pursuance of this article, a person chooses, or is deemed to have chosen, to represent a particular local electoral area of a local authority he shall be deemed not to have been elected for any other local electoral area of the said local authority and the consequential vacancy or vacancies in the membership of the local authority shall be regarded as casual vacancies occurring on the day on which the newly-elected members come into office under article 85 of these Regulations and shall be filled accordingly.

Aldermen and councillors.

77.--(1) At an election for a local electoral area in a county or other borough (other than the borough of Dun Laoghaire) in which a poll is taken, the first and every other candidate successively elected for the area until the number of aldermen for the area is completed shall be an alderman and the remaining candidates elected for the area shall be councillors.

(2) At an election for a local electoral area in a county or other borough (other than the borough of Dun Laoghaire) in which no poll is taken the number of aldermen for the local electoral area shall be the same number as if a poll had been taken and the council of the county or other borough shall, at the quarterly meeting held next after such election, determine by lot which of the members elected for the local electoral area shall be aldermen.

(3) The determination under sub-article (2) of this article which members shall be aldermen shall be a reserved function.

(4) There shall be four aldermen for every borough which is not a county borough or the borough of Dun Laoghaire.

(5) Nothing in this article shall be construed as restricting the power of the Minister to vary the number of aldermen for a borough on any alteration of the local electoral areas in such borough and where the Minister so varies the number of aldermen this article shall be deemed to be amended accordingly.

CHAPTER V Retention, Inspection and Disposal of Documents

Retention and disposal of documents by returning officer.

78.--(1) On the completion of the counting of the votes, the returning officer shall, in respect of each local electoral area, place in separate sealed packets--

(a) the counted ballot papers,

(b) the ballot papers rejected at the counting of the votes,

(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 local electoral area to which they relate.

(2) The returning officer shall also, in respect of each local electoral area, place in a parcel--

(a) the marked copies of the register and marked copies of the postal voters list,

(b) the ballot paper accounts and the statement prepared in accordance with sub-article (3) of article 60 of these Regulations,

(c) the statement regarding postal voters prepared in accordance with sub-article (7) of article 56 of these Regulations,

(d) the candidates' nomination papers, whether valid or invalid, and the certificates of political affiliation, 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 local electoral area to which they relate.

(3) The returning officer shall retain the documents referred to in sub-articles (1) and (2) of this article for one year from the date of his certificate of the return under article 75 of these Regulations and shall then, unless otherwise directed by an order of a court having jurisdiction to decide petitions questioning the election, cause the documents to be destroyed.

Inspection of ballot papers counterfoils, etc.

79.--(1) No person shall be allowed to inspect any of the documents referred to in sub-article (1) of the preceding article except under an order of a court having jurisdiction to decide petitions questioning the election.

(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 VII of these Regulations or for the purpose of an election petition.

(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 article 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 conclusive evidence that the document relates to the specified election ; and any endorsement appearing on any packet produced by the returning officer shall be conclusive evidence that the contents of such packet are what they are stated to be in such endorsement.

(6) The production from proper custody of a ballot paper purporting to have been used at an election and of a counterfoil bearing the same printed number and having marked thereon in writing a number (including polling district letter) shall be prima facie evidence that the person who voted by such ballot paper was the person who had affixed to his name in the register used at such election the same number (including polling district letter) as that written on the counterfoil.

Inspection of other documents.

80. The documents referred to in sub-article (2) of article 78 of these Regulations shall, until they have been destroyed in pursuance of sub-article (3) of the said article, be open to inspection by any person during the usual office hours of the local authority, on payment of a fee of ten shillings. The returning officer shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees and subject to such conditions as may be determined by the local authority.

PART VI Meetings and Term of Office of Members of Local Authorities

Annual and quarterly meetings of local authorities.

81.--(1) In every year in which an election is held a quarterly meeting of a county borough or borough corporation and the annual meeting of any other local authority shall be held, if the local authority is a county council, on the fourteenth day and, in any other case on the tenth day, after the polling day or, where the poll is for any reason countermanded, interrupted or adjourned, after the day on which the poll is completed or the fresh poll is held ; provided that where the Towns Improvement (Ireland) Act, 1854, has been adopted in the whole or part, in and for any town, and where an election has been held in pursuance of section 21 of the said Act, the commissioners returned at the election shall, on the first Monday after such election, hold their first meeting in some convenient place within the town.

(2) In every other year the local authority shall hold an annual or a quarterly meeting, as the case may be, on such day, not being more than fourteen days either before or after the anniversary of the first annual or quarterly meeting, as the local authority by resolution appoint.

Failure to hold annual or quarterly meeting.

82. Whenever an annual or a quarterly meeting of a local authority is for any reason not held on the day appointed under these Regulations for the holding of such meeting, the clerk or secretary, as the case may be, shall summon a meeting of the local authority for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose and the meeting held in pursuance of this summons shall be deemed for all purposes to be an annual or quarterly meeting held on a date appointed under these Regulations.

First business at annual or quarterly meeting.

83. The first business (after the determination of the question which of the members are to be aldermen, if that question arises) at the annual or quarterly meeting, as the case may be, of a local authority held pursuant to article 81 or article 82 of these Regulations shall be the election of the lord mayor, mayor, chairman and vice-chairman, as the case may be, and each such lord mayor, mayor, chairman and vice-chairman shall come into office forthwith and shall, unless he earlier resigns from such office, continue in such office (subject to his death, resignation, disqualification, removal from office or otherwise ceasing to be a member of the local authority) until his successor has been elected.

Members of joint committees and joint boards.

84.--(1) The business to be transacted by a local authority at the first annual meeting or quarterly meeting, as the case may be, after an election shall include the consideration of the election, appointment or nomination of all members of joint committees and joint boards elected, appointed or nominated by such local authority.

(2) Every member of a joint committee or joint board who has been elected, appointed or nominated by a local authority and is in office as such member at the date of an election to such local authority shall continue to hold office as such member of such joint committee or joint board (subject to his death, resignation, disqualification, removal from office or otherwise ceasing to be a member of the local authority) until the day after the annual or quarterly meeting, as the case may be, of such local authority next after such election.

Term of office of members of local authorities.

85. The ordinary day of retirement of members of a local authority shall be the seventh day after the polling day at the election of members of the local authority or, where the poll for any local electoral area of the local authority or for any polling station at the election is for any reason countermanded, interrupted, or adjourned, after the day on which the poll is completed or the fresh poll is held. On such ordinary day of retirement each of the outgoing members of the local authority shall retire and each person elected at the said election shall come into office as a member of the local authority and shall (unless he sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority) hold office until the next ordinary day of retirement of members of the local authority.

Resignation of members.

86. A member of a local authority may at any time, by notice in writing signed by him and delivered to the clerk or secretary of the local authority, resign his membership and the resultant vacancy in the membership of the local authority shall occur on the day on which such notice is delivered.

Casual vacancies.

87.--(1) In these Regulations a casual vacancy means a vacancy deemed under sub-article (3) of article 27, sub-article (4) of article 28 or article 76 of these Regulations to have occurred in the membership of a local authority or a vacancy caused in the membership of a local authority by--

(a) the death, resignation or disqualification of a member of the local authority, or

(b) the determination by a court that a person's election as a member of the local authority was void, no other person being declared by the court to be elected in his stead.

(2) A casual vacancy shall be filled by the choice by the local authority of a person to fill such vacancy, but not otherwise.

(3) Such choice shall be made, after due notice, at the next meeting of the local authority after the expiration of a period of fourteen days from the occurrence of the vacancy or as soon after the expiration of the said period as circumstances permit. For the purposes of this sub-article due notice means not less than three days notice given in writing to every member of the local authority.

(4) The choice of a person to fill a casual vacancy in the membership of a local authority shall not be proposed at a meeting of the local authority without the prior consent of that person indicated to the local authority in writing signed by him.

(5) A person chosen under this article to fill a casual vacancy shall (unless he sooner dies, resigns, becomes disqualified, is removed from office or otherwise ceases to be a member of the local authority) hold office as a member of the local authority for the residue of the term for which the member whom he replaces would have held office.

(6) Every person chosen under this article to fill a casual vacancy in the membership of the council of a county or other borough shall hold office as a councillor whether the member of such council occasioning such vacancy was an alderman or a councillor.

(7) Where a casual vacancy occurs in the membership of the council of a county or other borough by reason of the death, resignation or disqualification of an aldermen or by an alderman otherwise ceasing to hold office as a member of the council, the number of aldermen for such county or other borough shall, until the next election of members for the said council, be reduced by one in respect of each such vacancy.

PART VII Electoral Offences

Bribery.

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

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

(2) A person who contravenes sub-article (1) of this article shall be guilty of an offence.

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

(4) In this article--

"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.

89.--(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 article, a person who has marked, whether validly or not, and returned to the returning officer a ballot paper issued pursuant to article 33 of these Regulations 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.

90. 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

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

shall be guilty of an offence.

Breach of secrecy.

91.--(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 register 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, certificates of political affiliation, official marks etc.

92. 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 a register 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,

(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 of political affiliation, or any certificate under article 42 of these Regulations 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.

93.--(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 a local authority, he acts in a disorderly manner at a lawful public meeting held in connection with an election to the said local authority.

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

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

94.--(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 the preceding sub-articles of this article shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by any local authority.

(4) For the purposes of this article 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.

95.--(1) A person shall not--

(a) nominate another person for election to a local authority, or

(b) withdraw the candidature of another person for election to a local authority,

save with the consent of that person.

(2) A person who contravenes sub-article (1) or this article shall be guilty of an offence.

Forged certificate of political affiliation.

96. A person who produces to a returning officer a certificate such as is referred to in sub-article (6) of article 16 of these Regulations which that person knows to be forged, shall be guilty of an offence.

False declaration on nomination paper.

97.--(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 sub-article (1) of this article, 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.

98. 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.

99. 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.

100.--(1) A personation agent shall not, during the hours fixed under section 84 of the Act 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 registers, books and documents in which he has made any note, writing or mark during the poll.

(2) A personation agent who contravenes sub-article (1) of this article shall be guilty of an offence.

Unlawful marking of ballot papers by persons acting as companions.

101. A person who contravenes sub-article (8) or sub-article (9) of article 45 of these Regulations shall be guilty of an offence.

False statement of withdrawal of death of a candidate.

102. 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 a local authority, 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.

103. 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.

104. Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, proceedings for an 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.

105. 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 article 91 or 92 of these Regulations, to imprisonment for a term not exceeding six months;

(b) for an offence under article 100 of these Regulations, to imprisonment for a term not exceeding three months;

(c) for an offence under article 88, 89, 90 or 99 of these Regulations, 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 article 93, 95, 96, 98, 102 or 103 of these Regulations, 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 article 97 or 101 of these Regulations, 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 article 94 of these Regulations, to a fine not exceeding one hundred pounds.

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

106. Where any person is arrested under article 48 of these Regulations 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.

107. 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.

108. 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.

SCHEDULE.

FORM L.E. 1.

NOMINATION PAPER.

(Front of Form.)

No. ....................

(to be inserted by

returning officer)

Local Authority .......................................................

1. I nominate the person named under as a candidate for election to the above-mentioned local authority/for the* .................... local electoral area. (*This space must be completed where the area of the local authority is divided into separate local electoral areas).

Name of Candidate		Description
Surname	Other Name(s)	Address	Occupation	Name of Political Party, if any.

	PLEASE USE BLOCK LETTERS

2. I have read the notes on the back of this form and declare that I believe that the person named as candidate is not disqualified for election.

3. Name and address of person to whom deposit is to be returned.	{	............................................................
............................................................	{
	............................................................

Signature ........................................

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

Date .........................................

Proposer's number and polling district letter(s) on Register of Electors .................... (To be inserted if this form is completed by a person other than the candidate).

I rule that this nomination paper is valid (or--is invalid because ......................... ............................................................ ............................................................ ....... ............................................................ ............................................................ ....).

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

Returning Officer.

Date ..........................

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --

To be handed or sent to the candidate.

I have ruled that the nomination paper No. ..................... of ............................. ..................... (Insert name of candidate) for the .................... .............................. local electoral area is valid (or--is invalid because .....................................).

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

Returning Officer.

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

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

Date .................................

NOMINATION PAPER (continued)

(Back of Form)

These notes are for guidance only and are not a definitive statement of the law.

Nomination:

1. A candidate may nominate himself or may, with his consent, be nominated by a proposer. A proposer must be registered as a local government elector in the area of the local authority.

Deposit:

2. The candidature of a candidate will be deemed to have been withdrawn if a deposit of .................... pounds (a) (The appropriate amount specified in article 17 of the Local Elections Regulations, 1965, should be inserted here) is not lodged with the returning officer before 12 noon on the latest date for receiving nominations. The deposit shall be in legal tender or, with the consent of the returning officer, may be made by bank draft or otherwise. The deposit is returnable if the nomination paper is ruled invalid, or if the candidate is elected, or his candidature is withdrawn (or is deemed to be withdrawn) before 12 noon on the day after the latest date for receiving nominations. If the candidate is not elected, it is also returnable if the number of votes polled by him exceeds one-third of the quota. It will be returned to the person making it and his name shall be entered at 3 overleaf. If a candidate is nominated for more than one local electoral area of the same local authority a separate deposit must be lodged for each nomination. Not more than one such deposit will be returned.

Certificate of Political Affiliation:

3. If a candidate represents a registered political party and wishes the name of the party to appear on the ballot paper he must produce a completed certificate of political affiliation to the returning officer with the nomination paper and the name of the party should be inserted in the appropriate column overleaf. If the candidate does not represent a registered political party the column may either be left blank or the expression "Non-Party" may be entered in it.

Delivery of Nomination Paper:

4. The completed nomination paper shall be delivered personally to the returning officer by the candidate or by his proposer between 10 a.m. on the day next following the latest date for publication of the Notice of Election and 12 noon on the latest date for receiving nominations.

Ruling on Nomination Paper:

5. The returning officer will rule on the validity of the nomination paper within one hour after its delivery to him. He may rule that it is invalid only if he considers that it is not properly made out or signed. He must object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. The candidate and his proposer, if any, and one other person selected by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling.

Disqualifications for Election to a Local Authority:

6. (a) (Particulars of current disqualifications should be inserted here by the returning officer).

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

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

Penalties:

7. A person is liable to imprisonment or fine for--

(1) producing to the returning officer a nomination paper or a certificate of political affiliation, knowing the same to be forged;

(2) nominating a candidate without his consent;

(3) making a false declaration that he believes that the person nominated by him as a candidate is not disqualified for election.

Note (a)--This note is for the guidance of the returning officer and should not appear on the nomination paper.

FORM L.E. 2.

(Front of Form)

CERTIFICATE OF POLITICAL AFFILIATION.

I/We hereby authenticate the candidature of ............................................................ ....................................................

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

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

on behalf of the ................................... Party at the election of members for the ................................................ (name of local authority) for the local electoral area of ............................................................ ....................................................

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

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

Signature ..........................................

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

Authorised Officer(s)

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

Date ...............................................

See Instructions on back of this Form.

(Back of Form)

INSTRUCTIONS.

The Irish or the English version of the certificate may be used. The name, address and occupation of the candidate in this certificate shall be the same as they will be in the nomination paper. The space for the name of the local electoral area need be completed only if the area of the local authority is divided into local electoral areas.

The certificate shall be signed by the officer or officers of the party whose name or names appear in the Register of Political Parties as being authorised to sign certificates authenticating the candidature of candidates of the party.

FORM L.E. 3.

BALLOT PAPER.

(Front of Paper).

		Local Authority .............................
		Local Electoral Area ........................
		Mark order of preference in space below.	Official Mark.
			Doyle--Workers Party. (James Doyle, of 10 High Street, Builder).
Voter's No. on Register.			Lynch--Democrats. (Jane Ellen Lynch, of 12 Main Street, Grocer).
Letter(s)	No.
Letter(s)	No.		O'Brien, Eamon (Butcher)--Non-Party. (Eamon O'Brien, of 22 Wellclose Place, Butcher).
	O'Brien, Eamon (Solicitor)--Young Ireland. (Eamon O'Brien, of 102 Eaton Brae, Ranelagh, Solicitor).
			O'Connor--National League. (Charles O'Connor, of 17 Green Street, Gentleman).
			Thompson--Farmers Party. (William Henry Thompson, of Dereen Park, Farmer).
		INSTRUCTIONS.
		I. See that the official mark is on the paper.
		II. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.
		III. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.
(Back of Paper)
Counterfoil
No. ...........				No. ....................

FORM L.E. 4.

POLLING CARD.

(Front of Card)

Polling Card
Your number is..............................

You vote at:--
..................................................	..................................................
..................................................	..................................................
Polling day .................................	..................................................
Ceann Combairimh

(Back of Card)

Coimeád an Cárta seo go Cúramach mar Threoir an Lá Vótaíochta.

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY

GIVEN under the Official Seal of the Minister for Local Government this 11th day of June, 1965.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations set out the procedure governing the holding of elections of members of county councils, county borough and borough corporations, urban district councils and town commissioners. The Regulations make provision for the times of, and the business to be transacted at, the first meetings of local authorities after elections, for subsequent annual or corresponding quarterly meetings and for the filling of casual vacancies. The Regulations specify electoral offences and provide for penalties in respect of such offences

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 128/1965 -- Local Elections Regulations, 1965.