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43 1937

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937

PART IV.

The Poll.

The electorate.

36. —At every Seanad election the electorate shall consist of—

(a) in the case of the first Seanad election, the members of Dáil Eireann mentioned in Article 54 of the Constitution or, in the case of every subsequent Seanad election, the members of Dáil Eireann elected at the Dáil election consequent on the dissolution of Dáil Eireann which occasioned such Seanad election, and

(b) the persons elected for the purpose by the councils of counties or county boroughs or the former members of such councils in pursuance of the provisions in that behalf of this Act.

Election of electors by councils.

37. —(1) Not later than, in the case of the first Seanad election, the 31st day of January, 1938, or, in the case of every subsequent Seanad election, one month after the dissolution of Dáil Eireann which occasions such Seanad election, every council of a county or a county borough shall elect in accordance with this section and regulations made thereunder seven persons (in this section referred to as electors) to the electorate for such Seanad election and shall, if such election is contested, hold a meeting of such council at which such election shall be held.

(2) The following provisions shall apply and have effect in relation to the election of electors in pursuance of this section, that is to say:—

(a) every candidate for election as an elector shall be nominated in writing by two members of the council (in this section referred to as the electing council) by which the election is being made;

(b) no person shall be elegible for election as an elector unless he is a member of the electing council;

(c) if such election is not contested, the secretary of the electing council shall, immediately after the close of the nominations, send to the Seanad returning officer the names, addresses, and descriptions of the electors who were duly so nominated;

(d) if such election is contested, the electors shall be elected by the members of such council present at the said meeting (or such of them as think proper to vote) voting by secret ballot on the system of proportional representation by means of the single transferable vote;

(e) as soon as practicable after the said voting is closed, the secretary of such council shall send to the Seanad returning officer all the ballot papers by which votes were given at such election and the Seanad returning officer shall count such votes in his office or other convenient place and ascertain therefrom the result of the election

(f) as soon as the Seanad returning officer has so ascertained the results of all the elections held in pursuance of this section, he shall prepare, sign, and publish in the Iris Oifigiúil a list of the persons elected at such elections, showing separately the persons elected by each electing council, and such statement as so published shall be a conclusive and final declaration of the result of every such election;

(g) the expenses of every election held in pursuance of this section (other than the expenses of things required by this sub-section to be done by the Seanad returning officer) shall be borne by the electing council and shall be raised, in the case of the council of a county, by means of the poor rate as a county-at-large charge and, in the case of the county boroughs of Dublin and Limerick, by means of the municipal rate and, in the case of the county boroughs of Cork and Waterford, by means of the poor rate or such other rate as the Minister shall direct.

(3) The following provisions shall apply and have effect in relation to every council of a county or a county borough which is for the time being dissolved under section 72 of the Local Government Act, 1925 (No. 5 of 1925), that is to say:—

(a) the electors who, if such council were not so dissolved, would be required, by the foregoing provisions of this section to be elected by such council shall be elected from amongst themselves by the surviving persons (in this Part of this Act referred to as the former members of such council) who were members of such council immediately before it was so dissolved and have not, since such dissolution, suffered an adjudication in bankruptcy or a conviction of a crime or offence which would have terminated their membership of such council if it had not been so dissolved or such of such persons as think fit to take part in such election;

(b) every candidate for election at such election shall be nominated in writing by two of the former members of such council;

(c) if such election is contested, a meeting of the former members of such council shall be summoned and the election shall be made at such meeting by the former members of such council present at such meeting (or such of them as think proper to vote) voting by secret ballot on the system of proportional representation by means of the single transferable vote;

(d) the provisions of the next preceding sub-section, so far as they are not inconsistent with the foregoing provisions of this section, shall apply with such modifications as shall be necessary or shall be prescribed by regulations made under this section.

(4) Neither the failure of a council or the former members of a dissolved council to hold an election in pursuance of this section nor the election by a council or the former members of a dissolved council of less than seven electors shall prejudice or affect the validity of the elections held in pursuance of this section by other councils or the former members of other councils or the validity and conclusiveness of the electoral roll or, where less than seven electors are so elected, the validity of the election of so many electors as are so elected.

(5) The Minister shall make such regulations and may give such instructions as he shall think proper for carrying this section into execution (including prescribing a limited time for the doing of any act or thing), and it shall be the duty of every council of a county or a county borough and the officers of every such council (including the officers of the person performing the duties of a dissolved council) to comply with all such regulations and instructions.

The electoral roll.

38. —(1) The Clerk of Dáil Eireann shall, not later than, in the case of the first Seanad election, the 31st day of January, 1938, or, in the case of every subsequent Seanad election, three days after he has received all the returns to the writs for the relevant Dáil election, send to the Seanad returning officer a statement of the names, addresses, and descriptions of the members of Dáil Eireann who are entitled under this Act to be members of the electorate at such Seanad election.

(2) So soon as the Seanad returning officer has received from the Clerk of Dáil Eireann the statement in relation to a Seanad election mentioned in the next preceding sub-section of this section and has ascertained the result of all the elections of electors duly held in pursuance of this Act by councils of counties or county boroughs (including any elections by former members of any such council which is for the time being dissolved) in relation to such Seanad election, the Seanad returning officer shall prepare for such Seanad election an electoral roll containing the names, addresses, and descriptions of all the persons who appear from such statement and results to constitute the electorate for such Seanad election.

(3) Where a person is a member of the electorate for a Seanad election by virtue of more than one qualification, his name shall nevertheless be entered once only in the electoral roll for such Seanad election.

(4) It shall be lawful for the Seanad returning officer to make such inquiries and take such steps as he shall think proper for ascertaining the correct name, address, and description of every person whose name is required to be entered in an electoral roll, but no inaccuracy in the name, address, or description of any person in an electoral roll shall invalidate such electoral roll.

(5) The persons whose names are entered in an electoral roll shall be arranged in such roll in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and shall be numbered consecutively in that order.

(6) Every electoral roll prepared under this section shall be final and conclusive and not open to review by any court, and the persons whose names are set out in any such electoral roll, and no other person, shall be entitled to vote at the Seanad election to which such electoral roll relates.

(7) The death of a person whose name is entered in an electoral roll shall not prejudice or affect the validity or operation of such electoral roll, whether such death occurred before or occurs after the preparation of such electoral roll.

Issue of copy of panels to electors.

39. —As soon as practicable after the completion of the electoral roll or the publication of the panels in the Iris Oifigiúil (whichever shall later happen) and in any event before the day appointed for the issue of ballot papers, the Seanad returning officer shall send by post to each person whose name is on the electoral roll, at his address stated on the electoral roll, a copy of the five panels as published in the Iris Oifigiúil, but with the modification that there shall, in such copy, be inserted in respect of every person on any panel a statement of the body or person or persons on whose nomination he was put on such panel.

The ballot papers.

40. —(1) The following provisions shall apply and have effect in relation to the ballot papers at a Seanad election, that is to say:—

(a) every ballot paper shall contain the names, addresses, and descriptions of all the candidates named in the several panels arranged in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and either in one continuous column or in two or more columns as the Seanad returning officer shall, with the consent of the Minister, consider to be most convenient;

(b) every ballot paper shall also state, in respect of every candidate named therein, the panel and sub-panel in which he is named as a candidate;

(c) the surnames of the several candidates shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters, save that, whenever the surnames of two or more candidates are the same, there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or of both the address and the description of each such candidate as will, in the opinion of the Seanad returning officer, effectively distinguish such candidate.

(2) Subject to the provisions of the next preceding sub-section of this section, the ballot papers shall be in the prescribed form and each ballot paper shall have a number printed on the back thereof and shall have attached thereto a counterfoil with the same number printed on the face of such counterfoil, and every ballot paper shall, at the time of issue thereof, be marked on both sides thereof with an official mark either stamped or perforated.

Method of marking votes on the ballot paper.

41. —(1) An elector in giving his vote must place on the ballot paper the figure 1 opposite the name of the candidate for whom he votes, and he may in addition place on the ballot paper the figures 2 and 3, or 2, 3 and 4, and so on opposite the names of other candidates in the order of his preference.

(2) 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 the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate, or

(e) on which anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and shall not be counted.

Sending of ballot papers to electors.

42. —(1) On the day appointed for the issue of ballot papers at a Seanad election the Seanad returning officer shall send by registered post to each person whose name is on the electoral roll for that election at the address stated on such electoral roll a ballot paper together with a form of declaration of identity.

(2) Whenever a person to whom a ballot paper for a Seanad election should be sent under the foregoing sub-section of this section states in writing to the Seanad returning officer that more than twenty-four hours have elapsed since such ballot paper should have been delivered to him in the ordinary course of post and that he has not received such ballot paper and that he desires a duplicate ballot paper and declaration of identity to be issued to him, the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at the address mentioned in the foregoing sub-section a ballot paper and a declaration of identity all of which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(3) Every declaration of identity shall be in the prescribed form.

(4) The Seanad returning officer shall, when sending out ballot papers in pursuance of this section, observe the rules contained in the First Schedule to this Act.

Method of voting.

43. —(1) Every person entitled to vote at a Seanad election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking and returning by registered or ordinary post to the Seanad returning officer the ballot paper sent to him under this section together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(2) Whenever a person entitled to vote at a Seanad election states in writing to the Seanad returning officer that he duly returned by registered post to the Seanad returning officer the ballot paper and form of declaration of identity sent to him under this section and that the same does not appear to have been delivered to the Seanad returning officer and that he desires a duplicate ballot paper and declaration of identity to be issued to him, the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at his address as stated on the electoral roll a ballot paper together with a form of declaration of identity all of which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(3) The Seanad returning officer in receiving and otherwise dealing with the ballot papers at a Seanad election shall observe the rules contained in the First Schedule to this Act.

Allocation of members amongst the panels.

44. —The numbers of members of Seanad Eireann to be elected from each of the panels shall be as follows, that is to say:—

(a) five members shall be elected from the cultural and educational panel, of whom one shall be elected from the Dáil sub-panel of that panel and four shall be elected from the nominating bodies sub-panel of the said panel;

(b) eleven members shall be elected from the agricultural panel, of whom six shall be elected from the Dáil sub-panel of that panel and five shall be elected from the nominating bodies sub-panel of the said panel;

(c) eleven members shall be elected from the labour panel, of whom six shall be elected from the Dáil sub-panel of that panel, and five shall be elected from the nominating bodies sub-panel of the said panel;

(d) nine members shall be elected from the industrial and commercial panel, of whom five shall be elected from the Dáil sub-panel of that panel and four shall be elected from the nominating bodies sub-panel of the said panel;

(e) seven members shall be elected from the administrative panel, of whom four shall be elected from the Dáil sub-panel of that panel and three shall be elected from the nominating bodies sub-panel of the said panel.

Ascertainment of the result of the election.

45. —(1) As soon as conveniently may be after the closing of the poll, the Seanad returning officer shall, in the presence of such candidates as may be in attendance, ascertain separately, in accordance with this Act and in particular the rules contained in the First and Second Schedules to this Act, the result of the election in respect of each panel and shall declare to be elected from such panel the candidates who are so ascertained to be elected.

(2) The decision of the Seanad returning officer as to any question arising on the ballot papers, the declarations of identity, or the envelopes containing the same or any other matter arising on the issue or the receipt of the ballot papers or on the counting of the votes shall be final, subject to review by a court trying an election petition in relation to the election.

Preservation of the secrecy of the voting.

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

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

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

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

Election petitions in relation to Seanad elections.

47. —(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Eireann shall apply to Seanad elections with the following modifications, that is to say:—

(a) the court trying an election petition in relation to a Seanad election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require;

(b) where the said court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected;

(c) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election;

(d) it shall not be obligatory on the said court to cause a recount to be made of the votes given for, or to investigate the voting or the counting of the votes in respect of, the candidates on a panel in relation to which the said court is satisfied that the voting in respect of the candidates on such panel is not in issue on such petition;

(e) references (including references by adaptation) to Dáil Eireann shall be construed as references to Seanad Eireann, and references (including references by adaptation) to the Chairman or the Ceann Comhairle of Dáil Eireann shall be construed as references to the Cathaoirleach of Seanad Eireann.

(2) No person who has voted at a Seanad election shall in any legal proceedings to question the election or return of any candidate at such election be required to state for whom he has voted.

Non-compliance with rules.

48. —No election of a candidate at a Seanad election 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 cognisance 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.

Postal services.

49. —All postal services (including all registration services) wholly within Ireland in relation to the issue and return of ballot papers at a Seanad election shall be performed by the Minister for Posts and Telegraphs without prepayment of the charges therefor, and all such charges shall be deemed to be part of the Seanad returning officer's expenses and shall be defrayed accordingly.