Provisions under which the functions of the returning officer are to be exercised and performed by a local returning officer in relation to a 1945 local election.

SECOND SCHEDULE.

FORM OF POLLING CARD.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by section 14 of the Presidential and Local Elections Act, 1945 , and for the purposes mentioned in the said section 14 hereby makes the following regulations that is to say :

Definitions

1. In these regulations the following words and expressions have the meanings hereby respectively assigned to them, that is to say :—

" relevant constituency " means in relation to a local authority any constituency in which is situate a local electoral area for the election of members of such local authority ;

" relevant local authority " means in relation to a constituency any local authority for the purpose of the election of members to which a local electoral area is situate in such constituency ;

" Urban Poll " means the poll taken for the purpose of a 1945 local election of members of the council of a borough other than a county borough, the council of an urban district or the commissioners of a town ;

" Urban ballot box " and " urban ballot paper " mean respectively a ballot box or a ballot paper used for the purpose of an urban poll ;

" presidential ballot paper " means a ballot paper used for the purpose of the 1945 presidential election ;

" county ballot paper " means a ballot paper used for the purpose of a 1945 local election of members of a county council or of the members of the council of a county borough ;

" county electoral area " includes a county borough electoral area ;

" the presidential election rules " means the First Schedule to the Act of 1937 ;

" The Act of 1923 " means the Electoral Act, 1923 , as adapted and applied to local elections by section 39 of the Local Government Act, 1941 , and the Order of 1942 ;

" the local election rules " means Part I of the Fifth Schedule to the Act of 1923 ;

" The notice of the poll " means in relation to a 1945 local election the public notice of the poll at such election required by Rule 7 of the local election rules to be published in the form (Form L.E. 5) set forth in the First Schedule to the Order of 1942.

" Separate packet " means a packet made under those regulations of ballot papers removed from a ballot box which was not the appropriate ballot box for such ballot papers.

Attendance of Agents

2. The provisions of Rule 43 of the presidential election rules and of Rule 52 of the local election rules shall apply in relation to the presence of agents at anything done in pursuance of these regulations.

Functions of the returning officer for a 1945 local election

3.—(1) The powers and duties of the returning officer for any 1945 local election of members of a local authority under any of the provisions mentioned in the First Schedule to these regulations shall be exercised and performed by the local returning officer of the relevant constituency.

(2) Subject to the provisions of sub-article (1) of this Article the powers and duties of the returning officer for any 1945 local election of members of a local authority under the Order of 1942 or any enactment applied to such election by that order shall be exercised and performed by the secretary or clerk of such local authority as such returning officer.

Notification to local returning officer of contested local election

4. When the returning officer for the purposes (other than the taking of the poll) of a 1945 local election adjourns such election under Article 13 of the Order of 1942 for the purpose of taking a poll in any particular local electoral area he shall forthwith inform the local returning officer for the constituency in which such local electoral area is situated.

Notice of the poll

5.—(1) Not later than the 4th day of June the local returning officer for a constituency shall notify to the secretary or clerk of every relevant local authority the situation and allotment of every polling station provided by such local returning officer for the purpose of the 1945 local election of members of such local authority, the description of the persons entitled to vote at such polling station and particulars of every (if any) provision he intends to make under sub-article (3) of Article 14 of the Order of 1942.

(2) Not later than the 5th day of June, 1945, the secretary or clerk of a local authority shall give to the local returning officer for every relevant constituency a copy of the notice of the poll together with a certificate signed by such secretary or clerk that the provisions of the Order of 1942 relating to the publication of the notice of the poll have been complied with.

Polling Cards

6.—(1) Every local returning officer for a constituency shall send by post in accordance with this Article to every elector whose name is on the register of persons entitled to vote at an election of members of Dáil Eireann in such constituency (in this Article referred to as " the register ") and is not in the postal voters list for such constituency a card (in this Article referred to as a " polling card ") in the form set forth in the Second Schedule to these regulations informing such elector of his number (including polling district letter) on the register and of the situation of the polling place in which he will be entitled to vote at the 1945 presidential election.

(2) Every polling card sent to an elector shall be addressed to him by the name and address by and in respect of which he is registered in the register and shall be sent at such time that it will be delivered in the ordinary course of post at that address not later than the 12th day of June, 1945.

(3) Every polling card shall be delivered by the local returning officer sending the same to the nearest head post office or to such other post office as may be arranged with the head postmaster or the postmaster of such other post office (as the case may be) for delivery to the person to whom it is addressed.

(4) The 1945 presidential election shall not be invalidated by reason of the failure of a local returning officer to send a polling card to any elector or by reason of the non-delivery of a polling card or of any error or mis-statement in a polling card.

(5) No action or other proceeding shall lie or be brought against a local returning officer in respect of a failure by him to send a polling card to any elector or in respect of an error or mis-statement in any polling card so sent by him.

Presiding Officers

7. Where at a polling station the same ballot boxes are to be used for the purposes of the 1945 presidential election and for the purposes of any 1945 local election the local returning officer shall appoint the same person to be the presiding officer in such polling station in respect of both such elections.

Supplies of Ballot Papers, etc. for 1945 local electors

8. The secretary or clerk of a local authority shall furnish to the local returning officer of any relevant constituency from time to time as he may be required by such local returning officer copies of the register of electors and supplies of ballot papers and the other forms necessary for the conduct by such local returning officer of the poll at the 1945 local election of members to such local authority.

Distinguishing of Ballot papers

9.—(1) Every presidential ballot paper shall be printed on white paper.

(2) Subject to the provisions of sub-article (3) of this Article every county ballot paper and every urban ballot paper shall be printed on paper of a colour other than white.

(3) If in the opinion of the local returning officer it is impracticable to obtain paper of a colour other than white for the county ballot papers or the urban ballot papers or both to be used in a particular local electoral area in his constituency, white paper may be used for the said ballot papers, but in such case the said ballot papers shall be printed in ink of a colour different from the ink in which the presidential ballot papers used in such electoral area are printed.

Ballot Boxes

10.—(1) Where an urban poll is to be taken at a polling station a separate ballot box shall be provided at such polling station for the urban ballot papers.

(2) The same ballot box (or ballot boxes) shall be used at a polling station for presidential ballot papers and county ballot papers unless the local returning officer by whom such polling station is provided, after consideration of the number of registered voters allotted to such polling station and any other relevant circumstance, decides to provide and use separate ballot boxes.

Difficulties arising from impossibility or danger of transport between an island polling district and the mainland

11. If the local returning officer for a constituency in which there is a polling district consisting of or situate on an island is of opinion that there is a reasonable probability of transport between such island and the mainland becoming impossible or involving serious danger the following provisions shall have effect in relation to the taking of the polls in the 1945 presidential election and any 1945 local election in such polling district that is to say :—

(a) the local returning officer shall not later than the 5th day of June give public notice in such polling district stating his said opinion and setting out the effect of the modifications made by this Article in respect of the day of and the time of the beginning and end of the polls.

(b) The polls in such polling district shall be held on the first day after the 7th day of June on which in the opinion of the local returning officer transport between such island and the mainland is safe.

(c) Where, owing to difficulties of transport the polls in such polling district cannot begin at 9 a.m. they shall begin as soon as possible after 9 a.m.

(d) The presiding officer may close the polls in such polling district before 9 p.m. if he is of opinion that there is a reasonable probability of transport to the mainland becoming impossible or involving serious danger and the poll has continued for not less than four hours.

(e) No alteration shall be made in the form or contents of the notice of the poll by reason of the alteration under this article of the day and hours of the poll in a 1945 local election in a particular polling district.

Difficulties arising from delay in transport from island polling district to the mainland

12.—If the local returning officer for a constituency containing a county electoral area in which there is a polling district consisting of or situate on an island and to which the provisions of the foregoing article do not apply is of opinion that the means available for transport from such polling district may not enable the ballot boxes containing the votes cast at the 1945 presidential election and any 1945 local election in such polling district to reach the place where the ballot boxes from such county electoral area are to be opened in time to enable the opening to begin not later than 9 a.m. on the 15th day of June, 1945, the local returning officer shall fix a day for the taking of the polls in such polling district earlier than the 14th day of June, 1945, but not earlier than the 7th day of June, 1945, and the following provisions shall have effect in relation to the taking of the polls in such polling district, that is to say :—

(a) The local returning officer shall give not later than the 5th day of June, 1945, public notice in such polling district stating his said opinion and setting out the modifications made by this Article in respect of the day of the poll, and the day fixed by him under this Article for the taking of the polls in such polling district.

(b) The polls in such polling district shall be held on the day fixed by the returning officer under this Article.

(c) No alteration shall be made in the form or contents of the notice of the poll by reason of an alteration in the day and hours of the poll in a 1945 local election in a particular polling district under this Article.

Preliminary examination of ballot boxes after urban poll

13.—(1) As soon as possible after the close of the polls in a particular borough, urban district or town situated in his constituency a local returning officer shall collect in one place in such borough, urban district or town all the ballot boxes used in such polls and, after due notice to and in the presence of every agent, shall comply with the following provisions that is to say :—

(a) he shall open every such ballot box and examine every ballot paper contained therein ;

(b) if any presidential ballot papers are contained in an urban ballot box he shall remove them and place them in a separate packet ;

(c) if any county ballot papers are contained in an urban ballot box he shall remove them and place them in a separate packet ;

(d) if any urban ballot papers are contained in a ballot box other than an urban ballot box he shall remove them and place them in a separate packet ;

(e) he shall close every such ballot box, with the remaining ballot papers therein, seal such ballot box with his own seal and allow any agent who so desires also to seal such ballot box with his seal.

(2) When a local returning officer has complied with sub-article (1) of this Article in relation to the ballot boxes used at the polls in any particular borough, urban district or town the following provisions shall have effect, that is to say :—

(a) the local returning officer shall deliver the urban ballot boxes and also the other packets and statements relating to the urban poll received by him from the several presiding officers under Rules 26 and 27 of the local election rules to the Secretary or Clerk who is the returning officer for the purpose of the count of the votes cast at the urban poll and such secretary or clerk as such returning officer shall take charge of the said ballot boxes and comply with the provisions of Section 27 of the Act of 1923 in relation thereto.

(b) the local returning officer shall deliver every separate packet of county ballot papers or urban ballot papers to the secretary or clerk who is the returning officer for the purpose of the count of such ballot papers, and for the said purposes and in particular for the purposes of Rule 31 of the local election rules every such separate packet shall be deemed to be a ballot box.

(3) For the purposes of anything done under this Article after the close of the polls in a borough, urban district or town each of the following persons shall be an agent, that is to say :—

(a) the agent appointed by any candidate in the 1945 local election of members of the council of such borough or urban district or of the commissioners of such town to attend the count of the votes cast in such election ;

(b) the agent appointed by any candidate in the 1945 local election of members of the council of the county in which such borough, urban district or town is situated to attend the count of the votes cast in such borough, urban district or town ;

(c) the agent appointed by any candidate in the 1945 presidential election to attend on behalf of the candidate the opening of the ballot boxes in the county electoral area in which such borough, urban district or town is situated.

(4) Sections 27 and 34 of the Act of 1923 shall have effect in relation to every 1945 local election subject to the provisions of this Article.

Opening of ballot boxes other than urban ballot boxes

14.—(1) After the close of the several polls in a county electoral area situated in his constituency and not later than 9 a.m. on the 15th day of June, 1945, every local returning officer shall collect in one place all the ballot boxes other than urban ballot boxes used in such polls and after due notice to and in the presence of every agent shall comply with the following provisions that is to say :—

(a) he shall open every such ballot box and examine every ballot paper contained therein ;

(b) he shall remove the presidential ballot papers from such ballot box and count and record the number thereof ;

(c) he shall then close such ballot box with the county ballot papers therein, seal such ballot box with his own seal and allow any agent who so desires also to seal such ballot box with his seal ;

(d) he shall open any separate packet of presidential ballot papers taken from an urban ballot box under Article 13 of these Regulations and remove such ballot papers ;

(e) he shall open the ballot box provided for the ballot papers received from postal voters and not rejected, remove such ballot papers and count and record the number thereof ;

(f) he shall then mix together all the presidential papers removed from such ballot boxes and separate packets.

(2) When a local returning officer has complied with sub-article (1) of this Article he shall deliver all the ballot boxes closed and sealed as aforesaid with the county papers therein and also the other packets and statements relating to such ballot papers received by him from the several presiding officers under Rules 26 and 27 of the local election rules to the secretary or clerk who is the returning officer responsible for the count of such county ballot papers and such secretary or clerk as such returning officer shall take charge of the said ballot boxes and comply with the provisions of Section 27 of the Act of 1923 in relation thereto.

(3) For the purpose of anything done under this Article in relation to a county electoral area each of the following persons shall be an agent that is to say :—

(a) the agent appointed by any candidate in the 1945 presidential election to attend on behalf of the candidate the opening of the ballot boxes in such county electoral area ;

(b) the agent appointed by any candidate in the 1945 local election of members of the council of the county or county borough in which such county electoral area is situated to attend the count of the votes cast at such election ;

(c) the agent appointed by any candidate in the 1945 local election of members of the council of any borough or urban district or the commissioners of any town situated in such county electoral area to attend the count of the votes cast at such election.

(4) Sections 27 and 34 of the Act of 1923 shall have effect in relation to every 1945 local election subject to the provisions of this Article.

(5) The provisions of this Article shall be substituted for Rule 23 of the presidential election rules for the purpose of the application of those rules to the 1945 presidential election.

Marking and sealing separate packets of ballot papers

15. Whenever a local returning officer in pursuance of these regulations places any ballot papers in a separate packet he shall—

(a) state in writing on such packet the number of ballot papers therein and the number of the ballot box from which such ballot papers were taken, and

(b) sign such statement, and

(d) allow every agent entitled to be present who so desires also to seal such packet with his seal.

Hours of counting

16.—(1) For the purpose of its application to any 1945 local election Rule 32 of the local election rules shall be modified by the substitution of the words " twelve midnight " for the words " seven o'clock at night."

(2) For the purpose of its application to the 1945 presidential election Rule 27 of the presidential election rules shall be modified by the substitution of the words " twelve midnight " for the words " seven o'clock at night."

Short title and incorporation of the Order of 1942.

17.—(1) These regulations may be cited as the Presidential and Local Elections Regulations, 1945.

(2) In so far as these regulations relate to the 1945 local election they shall be read as one with the Order of 1942.

FIRST SCHEDULE.

Provisions under which the functions of the returning officer are to be exercised and performed by a local returning officer in relation to a 1945 local election.

Sub-article (3) of Article 14 and Article 15 of the Order of 1942.

Sections 22, 29, 30 and 31, sub-sections (2) and (3) of Sections 34 and 35 of the Act of 1923.

So much of Section 33 of the Act of 1923 as relates to the poll.

Rules 12, 13, 17, 18 and 44 of the local election rules.

SECOND SCHEDULE.

FORM OF POLLING CARD.

(FRONT OF CARD)

An Uimhir sa Chlár...........	ÉIRE.
Number in Register	PRESIDENTIAL ELECTION, 1945.

An tlonad	Do. ..............................................
Vótaíochta...........	To
Polling Place	.....................................................
..................................	.....................................................
	Arna thabhairt amach ag an gCeann Cóimhrimh.
	Issued by the Returning Officer.
	................................................
(Back of Card)
Gheobhfar ar éadam an chárta so an uimhir ar chlár na dtoghthóirí Dála, agus an t-ionad vótaíochta, atá ceaptha don duine a bhfuil a ainm ar an gcárta so.
Ní thugann an cárta so údarás vótála d'éinne a bhfuil vótáil toirmeasctha air.

Ní chruthuíonn an cárta so céannacht an duine a mbeidh sé ar seilbh aige.

Ní cead ach do Thoghthóirí Dála vótáil i dToghchán Uachtaráin.

The number in the register of Dáil electors of, and the polling place appointed for, the person to whom this card is addressed are stated on the front of this card.

This card does not authorise any person to vote who is prohibited from voting.

This card does not establish the identity of the person in whose possession it may be.

Only Dáil Electors may vote at a Presidential Election.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this tenth day of May, One Thousand Nine Hundred and Forty-five.

(Signed) SEÁN MacENTEE,

Minister for Local Government and Public Health.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> The Presidential and Local Election Regulations, S.I. No. 96/1945 URL: http://www.bailii.org/ie/legis/num_reg/1945/0096.html

Irish Statutory Instruments

S.I. No. 96/1945 -- The Presidential and Local Election Regulations, 1945.