Electoral Act, 1923

PART I.

Franchise.

Dáil Franchise.

1.—(1) Every person without distinction of sex who is a citizen of Saorstát Eireann and has attained the age of twenty-one years and is not subject to any legal incapacity imposed by this Act or otherwise shall be entitled to be registered once as a Dáil elector in one, but not more than one, constituency in Saorstát Eireann.

(2) Every such person as aforesaid may be registered as a Dáil elector in any one of the following constituencies, viz.:—

(a) the constituency in which he or she is ordinarily resident on the qualifying date; or

(b) the constituency in which he or she occupies on the qualifying date business premises; or

(c) the University constituency comprising a university in which he or she has received a degree other than an honorary degree or, in the case of the University of Dublin, has received such degree as aforesaid, or obtained a foundation scholarship, or, if a woman, obtained a non-foundation scholarship.

(3) The expression “business premises” in this section means land, buildings, or other premises occupied for the purpose of the business, profession or trade, of the person to be registered, of the rateable value of not less than ten pounds, and includes part of a house or other building.

Where any such business premises are not separately valued the rateable value shall be deemed to be the amount which would, in the opinion of the registration officer, be the rateable value if they were separately valued.

(4) Where business premises are in the joint occupation of two or more persons, each of the joint occupiers shall, for the purposes of this Act, be treated as occupying the premises, subject as follows:—

(a) the aggregate value of the business premises must be not less than the amount produced by multiplying ten pounds by the number of joint occupiers, and

(b) not more than two joint occupiers shall be entitled to be registered in respect of the same business premises, unless they are bona fide engaged as partners, carrying on their profession, trade or business on the business premises.

(5) If a person would be qualified under this section to be registered as a Dáil elector in more than one constituency he or she may choose which of those constituencies he or she shall be registered in.

(6) A member of the defence force of Saorstát Eireann on full pay living in any barracks or other building or place belonging to or provided by the Government of Saorstát Eireann shall not be treated as ordinarily resident in such barracks, building or place, or as occupying the same for the purposes of his trade, profession or business within the meaning of this section, but shall for the purposes of this section be deemed to be ordinarily resident on the qualifying date in the constituency in which but for his service he would be ordinarily resident on the qualifying date.

(7) The statement of any member of the defence forces of Saorstát Eireann, made in the prescribed form and verified in the prescribed manner, that he would, but for his service, have been ordinarily resident on the qualifying date in a specified constituency shall, in the absence of evidence to the contrary, be conclusive evidence of that fact.

(8) A person employed in a house, part of a house or other premises at a salary shall not be treated as thereby occupying the same for the purpose of his trade, profession or business within the meaning of this section.

(9) A person who is an inmate or patient in any prison, lunatic asylum, workhouse, poorhouse, or any other similar institution shall not by reason thereof be treated as ordinarily resident therein or as occupying the same within the meaning of this section.