Electoral (Dublin Commercial) Act, 1930

SECOND SCHEDULE.

Conduct of Elections.

Definitions.

1. In this Schedule—

the word “election” means an election of commercial members of the City Council;

the word “register” means the register of commercial electors prepared under this Act for the election in relation to which the word is used; references to the office of the returning officer shall be construed as references to that portion of the offices of the Dublin City Manager and Town Clerk which is for the time being allocated by him to the transaction of the business of the returning officer under this Act;

the expression “business hours” in relation to the office of the returning officer means any time during which that office is open for the transaction of business;

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

the expression “election tribunal” means a court or other tribunal having cognisance of petitions complaining of undue return or undue election at an election of commercial members of the City Council.

Times for particular acts.

2. At every election—

(a) the day of election shall be the day which is the day of election for the election of ordinary members of the City Council;

(b) the time for the publication of the notice of the election shall be not later than eighteen clear days before the day of election;

(c) the latest hour and day for receiving nomination papers shall be three o'clock in the afternoon on the day which is twelve clear days before the day of election;

(d) the latest hour and day for the withdrawal of candidates shall be three o'clock in the afternoon on the day which is ten clear days before the day of election;

(e) the day for making out the statement of persons nominated shall be the day which is nine clear days before the day of election;

(f) the time for the issue of ballot papers shall be such hour and day after the statement of persons nominated has been made out as the returning officer shall appoint for the purpose, but shall not be later than the day which is five clear days before the day of election;

(g) the close of the poll shall be nine o'clock in the evening of the day of election.

Notice of the election.

3. The returning officer shall, within the time limited by these rules, prepare, sign, and publish a notice in the prescribed form of the election.

Nomination of candidates.

4. (1) Every candidate at an election shall be nominated in writing in the prescribed form (in this Act referred to as a nomination paper) or in a form to the like effect and shall be so nominated by not less than ten nomination papers each of which is signed by one person as nominator and no two of which are signed by the same person.

(2) Every nomination paper shall state the surname and other names in full of the candidate and his place of abode and description.

(3) No person shall sign a nomination paper as nominator unless he is registered in the register prepared for the election to which such nomination paper relates.

(4) The following provisions shall have effect in relation to the signing of nomination papers by persons signing as nominators, that is to say:—

(a) a nomination paper intended to be signed by an individual registered in the register in his own name shall be signed by such individual in his own name, and shall state the place of business and description of such individual;

(b) a nomination paper intended to be signed by an individual registered in the register in a trade name shall be signed by such individual in such trade name, and shall state the principal office or place in which business is carried on in the City in that trade name;

(c) a nomination paper purporting to be signed in a trade name shall, until the contrary is proved, be deemed to have been so signed by the individual who is registered in the register in that name;

(d) a nomination paper intended to be signed by a partnership or by an unincorporated association shall be signed in the name of such partnership or association by some person having authority to sign in that name, and shall state the principal office or place of business in the City of such partnership or association;

(e) a nomination paper purporting to be signed in the name of a partnership or in the name of an unincorporated association shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name;

(f) a nomination paper intended to be signed by a corporate body shall be so signed by affixing to such paper the seal of such body in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body, and shall state the principal office or place of business in the City of such body;

(g) a nomination paper purporting to be sealed with the seal of a corporate body and to be countersigned shall, until the contrary is proved, be deemed to have been so sealed in the manner and with the countersigna-tures required by the constitution, articles of association, or other regulations of such body;

(h) every nomination paper shall state the number in the register of the person signing such paper as nominator.

(5) The returning officer shall provide forms of nomination papers and shall furnish free of charge to any person entered in the register such number of forms of nomination papers as such person shall reasonably ask for.

Delivery and validity of nomination papers.

5. (1) Every nomination paper shall be delivered in person by either the candidate or the nominator named therein to the returning officer at his office at any time during business hours on any day before the latest hour and day for receiving nomination papers and any nomination paper not so delivered shall be invalid.

(2) The returning officer shall note on each nomination paper the time at which such paper was delivered to him and shall also number, in the order in which they are delivered to him, the nomination papers of each candidate.

(3) The returning officer shall, as soon as practicable after the delivery of a nomination paper to him, examine such paper and decide whether it is or is not in the proper form, duly filled up, signed, and completed in accordance with this Act and whether it is valid or is invalid.

(4) The decision of the returning officer that a nomination paper is in the proper form, duly filled up, signed, and completed in accordance with this Act and is valid shall be final and conclusive.

(5) Whenever the returning officer decides that a nomination paper is invalid he shall write and sign on such paper a note of his decision and the grounds thereof.

(6) The first ten valid nomination papers for any candidate duly delivered to the returning officer in accordance with this rule shall be the nomination papers for that candidate, and all other nomination papers for that candidate shall have no operation or effect.

(7) When ten valid nomination papers for any candidate have been duly delivered to the returning officer, the returning officer shall, as soon as practicable and in any event not later than the day for making out the statement of persons nominated, send to such candidate by post or otherwise notice in writing of the delivery of such papers.

Statement of persons nominated.

6. The returning officer, on or before the day for making out the statement of persons nominated, shall prepare a statement in the prescribed form setting out the names, places of abode, and descriptions of the candidates who have been validly nominated and have not withdrawn their candidature and shall affix a copy of such statement on the principal external gate or door of the building in which his office is situate.

Withdrawal of candidature.

7. Any candidate may, at any time before or after he has been nominated but not later than the latest hour and day for the withdrawal of candidates, withdraw his candidature.

Nomination for both ordinary and commercial elections.

8. If the returning officer, at the expiration of the time for receiving nomination papers under these rules, finds that any candidate, duly nominated under these rules, has also been duly nominated as a candidate in respect of any borough electoral area for election as an ordinary member of the City Council and has not withdrawn either of such candidatures, the returning officer shall forthwith send by post or otherwise to such candidate a notice in writing informing him of such nominations and requiring him to withdraw one of such candidatures, and if such candidate does not lawfully withdraw one of those candidatures before the expiration of the time within which a candidature may be withdrawn under these rules he shall, at the expiration of such time, be deemed for all purposes to have withdrawn his candidature for election under this Act.

Circumstances in which a poll is or is not to be taken.

9. (1) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature exceeds the number of members to be elected, a poll shall be taken in accordance with this Act.

(2) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature is equal to the number of members to be elected, the returning officer, on the day after the latest day for the withdrawal of candidates, shall publish a notice in the prescribed form that no poll will be taken and that the said candidates will be declared to be elected and shall also send by post or otherwise to each of the said candidates a copy of such notice.

(3) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature is less than the number of members to be elected, such and so many of the retiring members as were highest in order of declaration at the last election or, if there was no poll at such election, as shall be selected by lot by the returning officer as will make up the full number of members to be elected shall be deemed to have been validly nominated for reelection and shall, for the purposes of the foregoing sub-rule of this rule, be deemed to be candidates who have been validly nominated and have not withdrawn their candidature, and the said sub-rule shall apply accordingly.

Procedure where there are no candidates.

10. If no candidate is validly nominated or all the candidates who are validly nominated lawfully withdraw their candidature, the retiring members shall be deemed to be re-elected and the returning officer, on the day after the latest day for the withdrawal of candidates, shall publish a notice that no poll will be held and that the retiring members will be declared to be elected and shall also send a copy of such notice by post or otherwise to every such retiring member.

Death of candidate.

11. (1) If the returning officer, before the latest hour and day for the withdrawal of candidates, receives notice that a candidate who has been validly nominated has died (whether before or after his nomination) such candidate shall for the purpose of these rules be deemed to have lawfully withdrawn his candidature.

(2) If the number of candidates who are validly nominated and do not withdraw their candidature exceeds the number of members to be elected and the returning officer receives, before the issue of ballot papers has commenced, notice of the death of one or more of such candidates and the number of such candidates surviving is equal to or less than the number of members to be elected, the returning officer shall forthwith countermand the poll and the rules in this Schedule relating to the event of the number of candidates being (as the case may require) equal to or less than the number of members to be elected shall apply with the substitution of the day after the receipt of such notice by the returning officer for the day after the last day for the withdrawal of candidates.

Right of electors to receive ballot papers.

12. (1) On the day appointed for the issue of ballot papers, the returning officer shall send by post to each person whose name is on the register at the address stated on such register such number of ballot papers as such person is entitled to receive together with a form of declaration of identity.

(2) Every person entitled to vote at an election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking ballot papers sent to him under these rules and returning by pre-paid registered or ordinary post to the returning officer or delivering to the returning officer at his office during business hours such ballot papers together with the form of declaration of identity sent to him therewith duly made and completed by him.

Method of filling ballot papers.

13. (1) An elector in giving his vote must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his 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 indicating a first preference for some candidate is not placed; 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 not counted.

Form of ballot papers.

14. (1) Every elector shall be entitled to receive a number of ballot papers equal to the number of votes to which he is stated in the register to be entitled, but neither the failure of any elector to receive the said number of ballot papers or to receive any ballot papers nor the receipt by any elector of more than the said number of ballot papers shall invalidate the election.

(2) Every ballot paper shall be in the prescribed form and shall—

(a) contain a list of the candidates described by their names, addresses, and descriptions as stated in their nomination papers and arranged alphabetically in one continuous column in the order of their surnames and, in the case of identity of surnames, of their other names; and

(b) have a number printed on the back thereof; and

(c) have attached a counterfoil with the said number printed on the face thereof; and

(d) be marked, at the time of the issue thereof, on both sides with an official mark either stamped or perforated.

(3) The surname of each candidate 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 both the address and the description of each such candidate as will, in the opinion of the returning officer, effectively distinguish such candidate.

Declaration of identity.

15. (1) Every declaration of identity shall be in the prescribed form and such form shall include (either on the face or the back of the form) instructions to the voter.

(2) Every declaration of identity shall be signed by the voter and (except where the voter is a corporate body) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and description.

(3) The following provisions shall have effect in relation to the signing of declarations of identity by voters, that is to say:—

(a) where the voter is registered in the register in a trade name the declaration shall be signed by such voter in the said trade name followed by the signature of such person in his own name;

(b) where the voter is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word “partner”;

(c) where the voter is an unincorporated association, the declaration shall be signed in the name of such association by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of such association;

(d) where the voter is a corporate body the declaration shall be signed by affixing thereto the seal of such body in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of such body;

(e) a declaration of identity purporting to be signed in accordance with this sub-rule shall, until the contrary is proved, be deemed to be signed in accordance with these rules.

Issue of ballot papers.

16. At the time appointed by the returning officer for the issue of ballot papers, the returning officer shall issue and send to every person registered in the register the number of ballot papers to which such person is entitled together with a form of declaration of identity and such other documents as are specified in these rules.

Attendance of candidates.

17. Every candidate at an election shall be entitled to attend at the issue of ballot papers for that election, and the returning officer shall, on the request of any such candidate, inform such candidate of the time and place at which such issue of ballot papers will be made.

Persons present at issue of ballot papers.

18. No person shall be present at the issue of ballot papers save the returning officer and his assistants, such of the candidates as choose to attend, and such other person (if any) as the returning officer may permit to be so present.

Method of issuing ballot papers.

19. (1) The returning officer shall issue ballot papers to each elector by doing or causing to be done the following things in the following order, that is to say:—

(a) the number, name, and description of the elector and the number of ballot papers to which he is entitled, as stated in the register, shall be called out;

(b) the elector's said number shall be marked on the several counterfoils of the number of ballot papers to which he is entitled;

(c) a mark shall be placed on the register opposite the elector's number thereon to denote that ballot papers have been issued to such elector but without disclosing the identity of any of such ballot papers;

(d) every of the said ballot papers shall be marked on both sides with the official mark;

(e) the several numbers on the backs of the said ballot papers respectively shall be marked upon a form of declaration of identity and upon a ballot paper envelope;

(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the register the following documents, that is to say:—

(i) the said ballot papers; and

(ii) the said form of declaration of identity; and

(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the returning officer; and

(iv) a smaller envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form marked as hereinbefore directed with the several numbers on the backs of the said ballot papers respectively;

(g) the outer envelope shall be effectually closed.

(2) When the foregoing provisions of this rule have been complied with in respect of every elector, all the closed outer envelopes shall be collected, counted, and posted.

Posting of ballot papers.

20. The returning officer shall post the said closed outer envelopes by delivering such envelopes to the general post office in the City or such other office as may be arranged with the head postmaster and prepaying, in such manner as may be arranged with such head postmaster, the postage on all such envelopes, and the postmaster at the office where such closed outer envelopes are delivered shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by post for delivery to the persons to whom they are addressed.

Preservation of register and counterfoils.

21. The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the candidates in attendance (if any), shall make up in separate packets, sealed with his own seal and sealed by such of the candidates as desire to affix their seals, the marked copy of the register and the counterfoils of the ballot papers.

Commercial members' ballot box.

22. The returning officer shall provide a sufficient number of ballot boxes marked “commercial members ballot box” for the reception of the covering envelopes when returned by voters, and on the completion of the issue of the ballot papers the returning officer shall show every such ballot box open to the candidates (if any), present and shall seal every such ballot box with his seal and shall make provision for the safe custody of all such ballot boxes.

Disposal of covering envelopes on receipt.

23. The returning officer shall place unopened in one of the commercial members ballot boxes every covering envelope received by him before the close of the poll as and when it is received by him and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll, and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

Notice of counting of votes.

24. Not less than three days before the close of the poll the returning officer shall send by post to every candidate at his address as stated in his nomination papers notice in writing of the time and place at which he will open the ballot boxes and count the votes.

Opening of ballot boxes.

25. As soon as conveniently may be after the close of the poll the returning officer shall open the ballot boxes and count the votes.

Persons present at counting of votes.

26. No person shall be present at the opening of the ballot boxes or the counting of the votes save the returning officer and his assistants, such of the candidates as choose to attend, and such other persons (if any) as the returning officer may permit to be so present.

Procedure on opening of ballot boxes.

27. When the ballot boxes have been opened the returning officer shall do the following things, that is to say:—

(a) take all the covering envelopes out of all the ballot boxes and count and note the number thereof;

(b) open each such covering envelope, examine the declaration of identity therein and compare the numbers on such declaration with the numbers on the ballot paper envelope in such covering envelope;

(c) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles;

(d) if he is not satisfied that the declaration of identity has been duly completed and made he shall endorse the declaration of identity “vote rejected,” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper or papers;

(e) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on every ballot paper agrees with the number on the declaration of identity and there are not more ballot papers than there are numbers on such declaration he shall place the ballot paper in the special receptacle provided by him for ballot papers;

(f) if the number on any ballot paper does not agree with a number on the declaration of identity or there are more ballot papers than there are numbers on such declaration, he shall replace the ballot papers in their envelope, if any, attach such envelope or ballot papers (as the case may be) to the declaration of identity, and endorse the declaration of identity “vote rejected”;

(g) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper envelope in accordance with the foregoing provisions of this rule;

(h) he shall mark with the word “rejected” every declaration of identity which is not accompanied by any ballot paper, and every ballot paper which is not accompanied by a declaration of identity.

Ballot papers and declaration not in proper envelopes.

28. Where one or more ballot papers and a declaration of identity are received together and the numbers thereon agree, such ballot papers shall not be rejected solely on the ground that such ballot papers and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.

Rejection of declarations of identity.

29. The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates present, and if an objection is made by any such candidate to his decision he shall add to the endorsement the words “rejection objected to.”

Separation of rejected declarations.

30. The returning officer shall keep all rejected declarations of identity with the attached envelopes or ballot papers, as the case may be, separate from other documents.

Opening of ballot paper envelopes.

31. When all the covering envelopes in the several ballot boxes have been opened and their contents dealt with under the preceding rules, the returning officer shall open each unopened ballot paper envelope and compare the numbers on the envelope with the several numbers on the ballot papers therein and if the number on every ballot paper agrees with a number on the envelope and there are not more ballot papers than there are numbers on the envelope, he shall place the ballot papers in the special receptacle provided by him for ballot papers, but if the number on any ballot paper or the numbers on two or more ballot papers does or do not agree with any number on the envelope he shall mark all the ballot papers “rejected”and shall attach them to the envelope.

Preservation of declarations, ballot papers, etc.

32. As soon as the returning officer has completed the placing of the ballot papers in the said special receptacle he shall seal up in separate packets, (1) the declarations of identity which accompanied any ballot papers duly accepted, (2) any rejected declarations of identity, and (3) any rejected ballot papers, in the two latter cases with the envelopes (if any) attached thereto.

Counting of the votes.

33. When the returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said special receptacle, and shall then take the said ballot papers out of the said special receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Third Schedule to this Act, the votes recorded on the said ballot papers.

Rejection of invalid ballot papers.

34. The returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid and, if an objection be made by any candidate to his decision rejecting the ballot paper, he shall add to the said endorsement “rejection objected to.”

Continuity of proceedings under this Schedule.

35. The returning officer shall, so far as practicable, proceed continuously with the proceedings under this Schedule subsequent to the opening of the ballot boxes and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time, or other reason appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting he shall take all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy.

36. The returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting.

Certificate of result of the poll.

37. As soon as the counting of the votes is completed the returning officer shall prepare and sign a certificate in the prescribed form setting out the names of the candidates elected, the order in which they were elected, the total number of votes given for each candidate (whether elected or not), every transfer of votes made under this Act, and the total number of votes credited to each candidate at the end of the count at which each such transfer took place, and such other matters as shall be prescribed, and shall affix a copy of such certificate on the principal external gate or door of the building in which the votes were counted and shall within three days send a certified copy of such certificate to the Minister for Local Government and Public Health.

Notice of the result of the election.

38. As soon as may be after the completion of the counting of the votes or, where no poll has been taken, at twelve o'clock noon on the day after the day of election, the returning officer shall prepare and sign a notice in the prescribed form of the result of the election and shall by such notice declare to be elected or deemed to be re-elected as commercial members of the City Council the persons who, at the poll or by virtue of nomination or otherwise under these rules, were so elected or deemed to be re-elected and shall affix a copy of such notice on the principal external gate or door of the building in which his office is situate and shall send a copy of such notice to each of the persons thereby declared to be elected or deemed to be re-elected and shall within three days send a certified copy of such notice to the Minister for Local Government and Public Health and shall cause a copy of such notice to be posted up in the room in which meetings of the City Council are held.

Preservation of ballot papers.

39. Upon the completion of the counting of the votes the returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.

Retention of documents by returning officer.

40. The returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the register, the counterfoils of the ballot papers, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and he shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal shall have otherwise ordered.

Inspection of sealed packets.

41. No person shall be allowed to inspect any of the said sealed packets retained by the returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal.

Authority for inspection of sealed packets.

42. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require but on such inspection care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid.

Compliance with orders of election tribunal.

43. The returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets.

Conclusiveness of production by returning officer.

44. Where an order is made by an election tribunal for the production by the returning officer of any document or packet of documents in his possession relating to a specified election, the production by the returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relate to the said specified election and the endorsement made by the returning officer in pursuance of this Schedule on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be.

Evidence of voting.

45. The production by the returning officer of a ballot paper purporting to have been used at an election and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by such ballot paper was the person whose number on the register relating to such election was the same as the number so marked on such counterfoil.

Endorsement of packets by returning officer.

46. Whenever the returning officer is required by this Schedule to seal up any documents in a separate packet he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.

Publication of notices.

47. Where the returning officer is by these rules required to publish a notice or other document and no specific provision is made as to the mode of publication, the returning officer shall publish such notice or other document by affixing a copy thereof to the principal external gate or door of the building in which his office is situate.