Next (FIRST SCHEDULE. Registration of Electors.)

28 1930

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Number 28 of 1930.


ELECTORAL (DUBLIN COMMERCIAL) ACT, 1930.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions and interpretation.

2.

The register of commercial electors.

3.

Registration area and registration officer.

4.

Preparation of register.

5.

Completion of register.

6.

Appeals from registration officer.

7.

Conduct of elections.

8.

Returning officer.

9.

Death of candidate.

10.

Preservation of secrecy.

11.

Non-compliance with rules or forms.

12.

Election petitions and corrupt and illegal practices.

13.

Employment of assistants.

14.

Expenses incurred by the Dublin City Manager and Town Clerk.

15.

Powers of deputy city manager.

16.

Offences in relation to registration.

17.

Offences in relation to elections.

18.

Regulations.

19.

Short title.

FIRST SCHEDULE.

Registration of Electors.

SECOND SCHEDULE.

Conduct of Elections.

THIRD SCHEDULE.

Counting of Votes.


Acts Referred to

Local Government (Dublin) Act, 1930

No. 27 of 1930

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Number 28 of 1930.


ELECTORAL (DUBLIN COMMERCIAL) ACT, 1930.


AN ACT TO PROVIDE FOR AND REGULATE THE PREPARATION AND MAINTENANCE OF THE REGISTERS OF COMMERCIAL ELECTORS IN THE CITY OF DUBLIN IN PURSUANCE OF THE LOCAL GOVERNMENT (DUBLIN) ACT, 1930 , AND TO PROVIDE FOR AND REGULATE THE CONDUCT OF ELECTIONS OF THE COMMERCIAL MEMBERS OF THE DUBLIN CITY COUNCIL IN PURSUANCE OF THE SAID ACT. [17th July, 1930.]

BE IN ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions and interpretation.

1. —(1) In this Act—

the expression “the City” means the county borough of Dublin;

the expression “the City Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;

the expression “the City Council” means the council established under that name by the Local Government (Dublin) Act, 1930 , (No. 27 of 1930);

the expression “commercial members of the City Council” means those members of the City Council who are required by law to be elected by the persons for the time being registered in the register of commercial electors;

the expression “ordinary members of the City Council” means those members of the City Council who are not commercial members of the City Council;

the expression “City election” means a triennial election of members of the City Council;

the expression “election under this Act” means an election of commercial members of the City Council;

the expression “trade name” means a name (other than his own name) under which a person carries on any business, profession, trade, manufacture, or other commercial or industrial pursuit;

the word “prescribed” means prescribed by regulations made under this Act.

(2) For all the purposes of the first election held under this Act and of the preparation of the register of electors for that election the urban district of Pembroke, the urban district of Rathmines and Rathgar, and the area referred to in the Local Government (Dublin) Act, 1930 (No. 27 of 1930), as the added rural area shall be deemed to be included in and to form part of the City and to be included in and form part of the county borough of Dublin, and references in this Act to the City and the said county borough shall be construed and have effect accordingly.

(3) Until the day which is the appointed day for the purposes of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), the Town Clerk of the City shall have, exercise and perform all the powers, functions and duties of the Dublin City Manager and Town Clerk under this Act, and references in this Act to the Dublin City Manager and Town Clerk shall be construed and have effect accordingly.

(4) Whenever a day on which anything is required by this Act to be done falls on a Sunday or a bank holiday such thing shall be done on the next following day which is neither a Sunday nor a bank holiday.

The register of commercial electors.

2. —(1) The register of commercial electors required by section 34 of the Local Government (Dublin) Act, 1930 (No, 27 of 1930), to be prepared and maintained shall be prepared and maintained under and in accordance with this Act.

(2) Subject and without prejudice to the provisions of the said section 34 , the following provisions shall have effect in relation to the persons, who are entitled under that section to be registered in the register of commercial electors, that is to say:—

(a) where an individual is the rated occupier of premises and that individual carries on business in those premises under a partnership or trade name either alone or in partnership with another person or other persons, no person other than the said individual alone shall be entitled under the said section 34 to be registered in the said register in respect of those premises;

(b) where the rated occupier of premises is entered in the rate-books under a trade name, such rated occupier, if entitled to be registered in the said register in respect of those premises, shall be so registered in such trade name;

(c) where the rated occupier of premises is a partnership and is entered in the rate-books in the partnership name, such rated occupier, if entitled to be registered in the said register in respect of those premises, shall be so registered in the said partnership name;

(d) an individual who is the rated occupier of premises shall not be deemed to carry on business in those premises merely by reason of his being employed in those premises by a person who carries on business therein or his being a director or manager of a company which carries on business therein;

(e) where the rated occupier of premises is entered in the rate-books under a partnership name or trade name, such rated occupier shall not be deemed to occupy such premises for the purpose of carrying on business therein unless business is carried on therein under that partnership name or trade name.

In this subsection the word “premises” means a hereditament or tenement separately valued under the Valuation Acts, and references to carrying on business shall be construed as including the carrying on of any business, profession, trade, manufacture, or other commercial or industrial pursuit.

Registration area and registration officer.

3. —For the purposes of this Act the City shall form and be a single registration area and the Dublin City Manager and Town Clerk shall be the registration officer for such registration area.

Preparation of register.

4. —(1) Whenever a city election is required by law to be held, it shall be the duty of the registration officer to prepare in accordance with this Act a register of commercial electors for the purposes of such election.

(2) Every register of commercial electors shall be prepared in accordance with the rules contained in the First Schedule to this Act.

(3) The register of commercial electors prepared under this Act for the purposes of the first city election shall contain the names of all individuals, partnerships, unincorporated associations, and corporate bodies who are, on the day after the passing of this Act entitled by law to be registered in the register of commercial electors.

(4) The register of commercial electors prepared under this Act for the purposes of any city election after the first city election shall contain the names of all individuals, partnerships, unincorporated associations, and corporate bodies who, on the 15th day of November next preceding such election, are entitled by law to be registered in the register of commercial electors.

Completion of register.

5. —(1) The register of commercial electors prepared for the purposes of the first city election shall be completed on or before such day as shall be prescribed in that behalf.

(2) Every register of commercial electors prepared for the purposes of any city election after the first city election shall be completed on or before the 1st day of June next preceding such election.

Appeals from registration officer.

6. —(1) An appeal shall lie to the Judge of the Circuit Court having jurisdiction in the City from any ruling made by the registration officer under this Act on any claim or objection, and the decision of such Judge on any such appeal shall be final and conclusive and shall not be appealable to any other Court.

(2) Every appeal under this section shall be brought by way of case stated by the registration officer and it shall be the duty of the registration officer to state such case in the circumstances and manner specified in the First Schedule to this Act.

(3) The procedure and practice in the Circuit Court in relation to appeals under this section shall be regulated by rules of Court.

(4) Notice of the decision of a Judge of the Circuit Court on an appeal under this section shall be sent by the county registrar for the City to the registration officer, and the registration officer shall make such alterations in the register of commercial electors as may be required to give effect to such decision.

(5) The right of voting of any person whose name is for the time being on a register of commercial electors shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending and shall not be affected by the subsequent decision of such appeal.

Conduct of elections.

7. —(1) Every election of commercial members of the City Council shall be held and conducted in accordance with the rules contained in the Second and Third Schedules to this Act.

(2) Every individual, partnership, unincorporated association, and corporate body registered in the register prepared under this Act for any such election, and no other person, shall be entitled to vote at such election.

Returning officer.

8. —(1) The Dublin City Manager and Town Clerk shall be the returning officer at every election of commercial members of the City Council.

(2) The Dublin City Manager and Town Clerk may by writing under his hand appoint a fit person to be deputy returning officer for any particular election of commercial members of the City Council and may so appoint such person to be such deputy returning officer for all the purposes of such election or for any one or more of such purposes.

(3) A deputy returning officer appointed under this section shall, in relation to the purposes for which he is so appointed, have all the powers, duties, and liabilities of the returning officer under this Act.

Death of candidate.

9. —(1) In the counting of the votes cast at an election under this Act all the preferences recorded for a candidate of whose death the returning officer has received notice after the latest hour and day for the withdrawal of candidates and before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(2) Every candidate returned as elected at an election under this Act who dies before the commencement of his term of office, whether he so dies before, during, or after the election, shall (without prejudice to the power of a court or other tribunal of competent jurisdiction to declare his election void) be deemed to have been duly so elected and to vacate his seat immediately after the commencement of his term of office.

Preservation of secrecy.

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

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of any of his ballot papers by any elector at an election under this Act.

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

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding six months.

Non-compliance with rules or forms.

11. —No election of a candidate at an election under this Act shall be declared void by reason only of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms prescribed under this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election.

Election petitions and corrupt and illegal practices.

12. —(1) Part IV of the Municipal Corporations Act, 1882, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, as respectively amended or adapted by subsequent Acts, shall apply to elections under this Act and for the purposes of such application the following provisions shall have effect, that is to say:—

(a) an election of commercial members of the City Council shall be deemed to be a municipal election within the meaning of the said Acts;

(b) reference in the said Acts to the High Court shall be construed and have effect as references to the High Court of Justice in Saorstát Eireann;

(c) reference in the said Acts to the Director of Public Prosecutions shall be construed and have effect as references to the Attorney-General of Saorstát Eireann;

(d) elections of commercial members of the City Council shall be deemed to be one of the elections mentioned in the First Schedule to the said Municipal Elections (Corrupt and Illegal Practices) Act, 1884.

(2) No person who has voted at an election under this Act shall, in any proceeding to question the election or return, be required to state for whom he voted at such election.

Employment of assistants.

13. —The Dublin City Manager and Town Clerk may, for the purpose of the execution of his powers and duties under this Act, employ such and so many assistants, clerks, messengers, and other persons as he shall think proper, and the remuneration of such persons shall, to such extent as is allowed under this Act, be part of his expenses incurred in the execution of this Act.

Expenses incurred by the Dublin City Manager and Town Clerk.

14. —(1) All expenses certified under this section to have been properly incurred by the Dublin City Manager and Town Clerk (in this section referred to as the City Manager) in the execution of this Act shall be paid to the City Manager by the City Corporation out of the municipal fund.

(2) The Minister for Local Government and Public Health may frame and from time to time vary—

(a) a scale expenses chargeable by the City Manager in respect of the execution of his powers and duties as registration officer under this Act; and

(b) a scale of expenses chargeable by the City Manager in respect of the execution of his powers and duties as returning officer under this Act.

(3) The Minister for Local Government and Public Health may by order make regulations providing for—

(a) the preparation and vouching by the City Manager of his accounts of expenses incurred by him in the execution of this Act;

(b) the examination of such accounts and the allowance and disallowance of the items therein;

(c) the certification of the amount payable to the City Manager on any such account and the payment of such amount by the City Corporation to the City Manager;

(d) the making of advances by the City Corporation to the City Manager to meet expenses incurred or to be incurred by him in the execution of this Act.

Powers of deputy city manager.

15. —Whenever any person is lawfully appointed to be a deputy for the Dublin City Manager and Town Clerk and such person by virtue of such appointment has all the powers and is required to exercise and perform all the functions and duties of the Dublin City Manager and Town Clerk such person shall so long as he continues to be such deputy have all the powers and exercise and perform all the functions and duties of the Dublin City Manager and Town Clerk under this Act.

Offences in relation to registration.

16. —(1) Every person who makes a false declaration for the purpose of a claim for registration under the rules contained in the First Schedule to this Act, whether such claim is made by such person on his own behalf or on behalf of some other person and whether such falsity consists of an untrue statement or of the omission of a material fact shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) Every person who wilfully destroys, mutilates, effaces, or removes any notice, list, copy of register, or other document made available for inspection, posted up, or otherwise published by the registration officer in pursuance of the rules contained in the First Schedule to this Act shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Offences in relation to elections.

17. —Every person who—

(a) without lawful authority takes a ballot box provided for or in use at an election under this Act out of the custody of the returning officer at such election or of any person to whose care or custody such returning officer shall lawfully have entrusted such ballot box, or

(b) maliciously destroys, mutilates, or injures any ballot box provided for or in use at an election under this Act, or

(c) maliciously destroys, tears, or defaces any ballot paper provided for or issued or used at an election under this Act, or

(d) counterfeits the official mark provided for or in use or used at an election under this Act, or

(e) removes, destroys, or damages any instrument provided or in use or used for stamping the official mark on ballot papers at an election under this Act or makes or has in his possession any imitation or counterfeit of any such instrument, or

(f) forges or fraudulently defaces or fraudulently destroys any nomination paper for or relating to an election under this Act or delivers to the returning officer at any such election a nomination paper knowing the same to be forged, or

(g) forges or counterfeits any ballot paper at or in relation to an election under this Act or forges or counterfeits the official mark on any such ballot paper, or

(h) without due authority supplies to any person a ballot paper for or in relation to an election under this Act, or

(i) without due authority opens, or otherwise interferes with any ballot box provided for or in use at an election under this Act,

shall be guilty of a misdemeanour and shall be liable on summary conviction thereof to imprisonment for any period not exceeding one year or on conviction on indictment to imprisonment for any period not exceeding two years or penal servitude for any period not less than three years nor more than five years.

Regulations.

18. —The Minister for Local Government and Public Health may by regulations made by him under this section prescribe any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Short title.

19. —This Act may be cited as the Electoral (Dublin Commercial) Act, 1930.