S.I. No. 171/1988:

WORKER PARTICIPATION (STATE ENTERPRISES) (POSTAL VOTING) REGULATIONS, 1988

WORKER PARTICIPATION (STATE ENTERPRISES) (POSTAL VOTING) REGULATIONS, 1988

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by section 9 of the Worker Participation (State Enterprises) Act, 1977 (No. 6 of 1977) and following consultation with the Minister for Tourism and Transport, the Minister for Energy, the Minister for Health, the Minister for Industry and Commerce, the Minister for Agriculture and Food and the Minister for Communications, and with each of the designated bodies specified in Parts I and II of the First Schedule (inserted by the Worker Participation (State Enterprises) Act, 1988 (No. 13 of 1988)) to the said Act of 1977, hereby make the following Regulations:

1. These Regulations may be cited as the Worker Participation (State Enterprises) (Postal Voting) Regulations, 1988.

2. In these Regulations --

"list of postal voters" has the meaning assigned to it by Regulation 9 of these Regulations;

"postal ballot box" means a ballot box provided under Regulation 12 of these Regulations for the reception of covering envelopes returned by postal voters;

"postal ballot paper" means a ballot paper issued pursuant to Regulation 11 of these Regulations;

"postal voter" means a person to whom a ballot paper is issued under these Regulations;

"the Principal Regulations" means the Worker Participation (State Enterprises) (General) Regulations, 1988.

3. (1) A person whose name is on a list of electors referred to in Regulation 17 (1) of the Principal Regulations shall be entitled to apply under this Regulation to vote by post at an election relating to the designated body to which the list relates.

(2) On an application being made in that behalf by a person entitled to vote at the election (other than a person to whom a ballot paper has been issued under paragraph (3) of this Regulation), the returning officer may issue a ballot paper by post to the person if, but only if, he is of opinion that by reason of--

(a) the circumstances of the person's occupation, service or employment,

(b) holidays,

(c) illness or physical disability,

(d) the person being employed by a returning officer in connection with an election, or

(e) such other circumstances as the returning officer considers adequate,

the person would be unable to, or could only with inconvenience or difficulty, vote at a polling place at the election.

(3) Where the returning officer decides that it might not be feasible to facilitate persons entitled to vote at an election by the provision of a polling place he shall allow each of those persons to cast his vote by post and unless a ballot paper has already been issued by him under paragraph (2) of this Regulation, shall for that purpose issue to any such person a ballot paper by post.

4. The following provisions shall apply in relation to an application to vote by post at an election:

(a) the application shall be in the form set out in the Schedule to these Regulations,

(b) the application shall be completed and certified in accordance with the instructions printed thereon,

(c) the application shall be delivered or sent by post to the returning officer so as to be received by him within the period specified in the notice of election (which period shall commence not earlier than sixty-three days before the relevant nomination day), and

(d) the application may not be withdrawn after it has been received by the returning officer.

5. At an election the returning officer shall, not later than seventy days before the nomination day, arrange for the giving of notice of--

(a) the manner in which, and the time before which, applications to vote by post shall be made;

(b) the times and places at which application forms for use in such applications may be obtained,

and a notice given under this Regulation shall also include a statement of the provisions contained in Regulation 3 (2) of these Regulations.

6. At an election the returning officer shall, not later than seventy days before the nomination day, arrange for the provision of an adequate supply of application forms for use in applications under these Regulations and such an application form shall be supplied free of charge by the returning officer to any person applying therefor.

7. (1) Where at an election an application under these Regulations is duly received by a returning officer, he shall determine the application as soon as may be.

(2) Where at an election an application is made under these Regulations and the returning officer is satisfied that an applicant is entitled to vote at the election and that the application is properly completed and certified, he shall allow the application and cause it to be marked accordingly.

(3) Where at an election an application is made under these Regulations and the returning officer is not satisfied that an applicant is entitled to vote at the election or that the application is properly completed and certified, he shall refuse the application and cause it to be marked accordingly.

(4) Where a returning officer refuses an application under these Regulations, he shall notify the applicant accordingly and the notice shall include a statement of the reasons for his refusal.

(5) Where an application to vote by post is received by the returning officer after the time specified in the notice given under Regulation 5 of these Regulations, the application shall be disregarded and the applicant shall be notified by the returning officer accordingly.

(6) The returning officer at an election may, as the considers appropriate, either accept or refuse to accept a written statement by an applicant of the reason for his being unable, or being able only with inconvenience or difficulty, to vote at a polling place at the election.

(7) For the purpose of this Regulation a person's name shall be deemed to be on a list of electors if the said list includes a name which, in the opinion of the returning officer, was intended to be the person's name.

8. (1) In conjunction with the list of electors prepared by the returning officer under Regulation 17 of the Principal Regulations the returning officer shall prepare a list (in these Regulations referred to as the "list of postal voters") containing the name of each person from whom an application to vote by post has been received and allowed by him and the address to which each such person's ballot paper is to be sent, and the list shall also include the names of those persons, together with such address, who, by virtue of Regulation 3(3) of these Regulations, may vote by post, and in case the designated body to which the election relates is composed of administrative units such as divisions, departments, offices or sections, or other units by whatever name called, the list shall also include in relation to each person's name thereon a reference to the unit to which the person concerned is assigned.

(2) As soon as the list of postal voters has been prepared, the returning officer shall make a copy thereof available for inspection at the office appointed under Regulation 4 of the Principal Regulations and at such times as he considers appropriate

9. Before the polling day the returning officer may, if he thinks it necessary, arrange that copies of the list of electors, or the parts thereof, required by Regulation 21 (3) (e) of the Principal Regulations to be provided at a polling place shall be marked to denote the names of the electors on such list whose names are also on the list of postal voters.

10. (1) Each candidate at an election may appoint agents to be present on his behalf--

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

(b) at the opening of the postal ballot boxes.

(2) Each candidate at an election shall, not later than fourteen days prior to the appropriate day, give written notice to the returning officer of the name and address of any agent appointed by the candidate under this Regulation, and the returning officer may refuse to admit to the place where such ballot papers are to be issued or the postal ballot boxes are to be opened any such agent whose name and address have not been notified to him in accordance with this paragraph.

(3) In this Regulation "the appropriate day" means--

(a) in relation to an agent appointed by a candidate to be present at the issue of ballot papers to postal voters, the day on which the issue of such ballot papers is to be commenced;

(b) in relation to an agent so appointed to be present at the opening of the postal ballot boxes, the day on which such ballot boxes are to be opened.

11. (1) Every person whose name is on the list of postal voters shall be entitled to vote at the poll at an election concerning the relevant designated body 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 adjournment of an election for the purpose of taking a poll the returning officer shall send by post to every person whose name is on the relevant list of postal voters a ballot paper.

(3) At the issue pursuant of these Regulations of a ballot paper the number, name and description of the person as stated in the relevant list of postal voters shall be called out and a mark shall be placed in a copy of the said list against the name of the person to denote that a ballot paper has been issued to him, but without identifying the ballot paper.

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

(a) the ballot paper;

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

(c) a smaller envelope marked "ballot Paper Envelope",

and shall effectual close the envelope addressed to the postal voter.

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

(6) Where postal ballot papers are to be issued at an election, the returning officer shall give at least twenty-four hours notice of the time and place at which he will issue such ballot papers.

(7) At an election no person other than a candidate, the returning officer's assistants or clerks, or a candidate's agent duly appointed under these Regulations may be present, except with the permission of the returning officer, at the issue by the returning officer at postal ballot papers.

12. (1) At an election the returning officer shall provide a ballot box for the reception of covering envelopes returned by postal voters. He shall show each such ballot box open and empty to such candidates' agents as are present at the time of the issue of the postal ballot papers and shall then close and seal it. The returning officer shall make provision for the safe custody of every such box.

(2) A returning officer, on receipt by him of a covering envelope, shall immediately place it unopened in the ballot box provided by him in accordance with this Regulation.

13. At an election postal ballot papers shall be counted at the place appointed under Regulation 30 of the Principal Regulations.

14. (1) Not less than two days before the polling day at an election the returning officer shall give notice by whatever method he considers appropriate of the time and place at which any postal ballot boxes will be opened and the votes recorded on the ballot papers therein counted and of the number of candidates' agents who may be present on that occasion. He shall give the said agents such reasonable facilities for observing the proceedings at the opening of the boxes and also such information with respect thereto as is consistent with the orderly conduct of the proceedings. At the election any postal ballot boxes shall be opened by the returning officer in the presence of the said agents.

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

(3) At an election no person other than a candidate, the returning officer's assistants or clerks or a candidate's agent duly appointed under these Regulations, and no other persons may be present, except with the permission of the returning officer, at the opening of the postal ballot boxes.

15. (1) Immediately before the opening of postal ballot boxes at an election a separate ballot box shall be provided by the returning officer for the purpose of paragraph (4) of this Regulation and the box shall be shown open and empty to such candidates' agents as are present and shall then be closed and sealed by the returning officer.

(2) After the requirement of paragraph (1) of this Regulation has been complied with postal ballot boxes shall be opened by the returning officer at an election at the same time as the other ballot boxes are opened at the election pursuant to Regulation 32 (1) of the Principal Regulations.

(3) 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.

(4) Subject to paragraph (5) of this Regulation, the returning officer shall open each covering envelope separately, extract the ballot paper envelope therefrom, open and extract the ballot paper from the ballot paper envelope and place the ballot paper in the ballot box provided in accordance with paragraph (1) of this Regulation. In the event of a ballot paper envelope not containing a ballot paper, a suitable note should be made for counting purposes.

(5) Where, after the close of the poll at an election, the returning officer receives any covering envelopes or any envelopes addressed to postal voters returned undelivered, he shall not open them but shall put them aside in a separate packet along with such covering envelopes, if any, which did not contain ballot paper envelopes, and such items shall be disregarded for counting purposes.

(6) The returning officer shall endorse on each such packet mentioned in paragraph (5) of this Regulation a description of its contents.

16. At an election every postal ballot paper which is duly received by the returning officer or by any other person authorised by him in that behalf pursuant to Regulations made under section 9 of the Worker Participation (State Enterprises) Act, 1977 (No. 6 of 1977), shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way at the election and, where appropriate, shall be counted in accordance with the provisions in that regard contained in the Principal Regulations.

17. The Worker Participation (State Enterprises) (Postal Voting) Regulations, 1978 ( S.I. No. 48 of 1978 ), are hereby revoked.

Regulation 4

SCHEDULE

Workers Participation (State Enterprises) (Postal Voting) Regulations, 1988.

Form of Application for Postal voting Facilities

Name of Designated Body ............................................................ ............................................................ ....................

1. To the Returning Officer--

I, the undersigned, being an employee of the above-mentioned designated body who is entitled to vote at the election relating to the above designated body to be held in ................................................. under the Worker Participation (State Enterprises) Acts, 1977 and 1988, and a person whose name is included on the said body's list of electors for the time being in force, hereby state that I will be unable, or will not without inconvenience or difficulty be able, to vote on the polling day at a polling place for the following reason(s):

2. I hereby apply to vote by post and to have my name included in the list of postal voters to be prepared in relation to the aforesaid election.

3. Name ............................................................ .......................................................... (in block letters). Division, department, office, section or other administrative unit (if any) of the above-mentioned body to which applicant is assigned ............................................................ ............................................................ ......... (in block letters).

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

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

Address to which postal ballot paper should (if issued) be sent

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

4. (To be detached and sent to the employee mentioned at paragraph 3 above by the returning officer after he has determined the application).

With reference to the application from ............................................................ ................................

(name of employee), dated ............................................................ ................................, for postal voting facilities, I hereby give notice that the said application is allowed*

Refused because* (give reason for decision ............................................................ ....................).

*delete as appropriate

GIVEN under my Official Seal, this 13th day of July, 1988.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations deal with the conduct of elections held under the Worker Participation (State Enterprises) Acts, 1977 and 1988.