09/08/1923:

THE ELECTORAL ACT, 1923.

THE ELECTORAL ACT, 1923.

No. 37971/1923

Miscellaneous.

IN pursuance of the powers vested in me by Sub-section (2) of Section II and by Clause 2 of the Second Schedule to the Electoral Act, 1923 ., hereinafter referred to as "the Act" and of all other powers in this behalf enabling me, I, the Minister for Local Government, do hereby order and prescribe as follows:—

1. The forms set out in the Schedule to this Order or forms to the like effect shall be used in the cases to which they purport to be applicable, and shall for the purposes of the Act be deemed to be the prescribed forms;

2. This Order may be cited as the Registration of Electors (Forms No. 2) Order, 1923.

Given under my Seal of Office this Ninth day of

August, in the Year of Our Lord One Thousand

Nine Hundred and Twenty-three.

(L.S) (Signed), EARNAN DE BLAGHD,

Aire um Rialtais Aitiuil.

SCHEDULE.

FORM OF DECLARATION OF IDENTITY.

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

DECLARATION OF IDENTITY.

I hereby declare thot I am the person to whom the ballot paper numbered as above and the envelope in which it was enclosed (both of which I now produce) were sent.

Voter's Signature............................................................ ..............................

The above named, who is personally known to me, has produced the ballot paper and the envelope above referred to, and has signed the above declaration in my presence.

Witness's Signature............................................................ ..........................

INSTRUCTIONS TO THE VOTER.

1. Before marking the accompanying ballot paper the voter must produce—

(i) The ballot paper showing the number thereon;

(ii) This paper; and

(iii) The envelope in which he has received the ballot paper;

to some person to whom the voter is known, who will witness the declaration of identity (see other side).

2. The voter must sign the declaration of identity in the presence of the witness.

3. In order to vote, the voter must place the figure 1 in the space on the left-hand side of the ballot paper opposite to the name of the candidate for whom he votes; that is to say, the candidate he likes best. He may also place the figure 2 in the space on the left-hand side of the ballot paper opposite to the name of the candidate he likes second best, and may place the figure 3 similarly opposite to the name of the candidate he likes third best, and so on. If the voter does not place the figure 1 on his ballot paper or places the figure 1 opposite to more than one name, or places the figure 1 and some other figure opposite to the same name or places any mark on the paper by which he may afterwards be identified, his ballot paper will be void and will not be counted. The ballot paper must not be marked with a cross. The voter should not allow any person to see how he has voted.

4. Immediately after voting, the voter must place the marked ballot paper in the enclosed small envelope, on which are printed the words "Ballot paper envelope," and fasten it up. He must then place the ballot paper envelope, together with this paper, in the other larger enclosed envelope addressed to the Returning Officer and despatch the same by post without delay. Unless an elector returns his ballot paper at once it may be too late to be counted.

5. If a voter receives more than one ballot paper he must remember that he can vote only once. Every person who votes more than once at an election is guilty of an illegal practice, and is liable to a fine not exceeding one hundred pounds.

FORM OF BALLOT PAPER ENVELOPE.

FORM OF ENVELOPE TO BE ADDRESSED TO THE RETURNING OFFICER.

Constituency of............................................................ ..........................................

STATEMENT WTTH RESPECT TO BALLOT PAPERS SENT TO POSTAL VOTERS.

1. No. of ballot papers issued to Postal voters .. .. ..

2. No. of covering envelopes received by Returning Officer before the close of the poll .. .. .. .. .. ..

3. No. of ballot papers returned by Postal voters which were included in the count of ballot papers .. .. ..

4. No. of cases in which declarations of identity or ballot papers were endorsed by the Returning Officer "Vote rejected" or marked by him "Rejected" in pursuance of Rule 6 (5) (7) and (9), and Rule 8 (3) in the Fourth Schedule to the Electoral Act, 1923 .. .. .. .. .. ..

5. No. of covering envelopes received by Returning Officer after the close of the poll .. .. .. .. .. ..

6. No. of cases in which envelopes sent to Postal voters were returned as undelivered .. .. .. .. ..

7. No. of cases in which covering envelopes have not been received by Returning Officer at date of statement ..

(Signed)

Returning Officer

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

Date..........................................192 .

BALLOT PAPER ACCOUNT.

I certify that the above Ballot Paper Account is true and accurate.

FORM OF CERTIFICATE UNDER S. 22 OF THE ELECTORAL ACT, 1923 .

Constituency of............................................................ .............

I, the Returning Officer for the above constituency hereby certify that........................being numbered..........on the Register of Electors for the....................Polling District of the above-mentioned constituency, is employed by me for purposes n connection with an election for the said constituency, and that the circumstances of his employment are, in my opinion, such as to prevent him from voting at the polling station at which he would otherwise be entitled to vote, and I accordingly authorise him to vote at the polling station................................at the ...............................................polling place.

TENDERED VOTES LIST.

Constituency of............................................................ ....................

Polling District of............................................................ ..................

Polling Station No............................................................ .................

NOTICE OF CANDIDATES ELECTED.

......................................................... Constituency of ..........................................................

I hereby give notice, pursuant to Rule 43 in the Fifth Schedule to the Electoral Act, 1923 , that at the contested Dáil Election for the said....................................................

Constituency of.......................................held on the.............. day of ........................the following Candidates were elected:—..

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

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

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

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

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

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

The total number of votes given for each candidate and of any transfer of votes made under the said Electoral Act, and the total number of votes credited to each candidate at the end of the count at which such transfer took place are as set out in the attached form.

(Here attach Form 10—Fifth Schedule).

E. I.

FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE BALLOT.

I solemnly undertake That I will not at this election for....................................................

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

do anything forbidden by Section 28 of the Electoral Act, 1923 , which I have read.

SECTION 28 of THE ELECTORAL ACT, 1923 .

28.—(1) Every officer, clerk, and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed to any person, any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.

(2) Every officer, clerk and agent in attendance at the counting of the votes shall maintain, and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.

(3) Every officer, clerk and agent concerned in the issue of ballot papers to postal voters and the receipt of ballot papers from postal voters shall maintain, and aid in maintaining, the secrecy of the voting by such voters, and shall not communicate, except for some purpose authorised by law, before the poll is closed to any person any information as to the name or number on the register of electors of any postal voter to or from whom any ballot paper has been sent or received, or as to the official mark, and no such officer, clerk or agent, and no person whosoever shall interfere with, or attempt to interfere with, the receipt, marking or return of his ballot paper by any postal voter, or attempt to obtain information as to the candidate for whom any such voter has voted, or communicate at any time to any person any information obtained in connection with the issue or receipt of ballot papers to or from postal voters as to the candidates for whom any such voter has voted, or as to the number on the back of the ballot paper sent to any such voter.

(4) No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to make known to any person the name of the candidate for or against whom he has marked his vote.

(5) Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace or any magistrate having the powers or jurisdiction formerly exercisable by two justices of the peace, to imprisonment or any term not exceeding six months, with or without hard labour.

THE ELECTORAL ACT, 1923 .

............................................................ ..... Constituency of ...................................................

UNCONTESTED ELECTION.

I, the undersigned, being Returning Officer for the...............................Constituency of.......................hereby give notice, pursuant to Rule 43 in the Fifth Schedule to the Electoral Act, 1923 , that the following candidates have been elected members of Dáil Éireann to serve in the Oireachtas of Saorstát Éireann for the............................................ Constituency of............................................................ ...............................................

Signed,............................................................ ..........................................

Returning Officer.