14/02/1938: Seanad Electoral (Panel Members) Act, 1937.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937.

The Minister for Local Government and Public Health in exercise of the power conferred on him by section 7 of the Seanad Electoral (Panel Members) Act, 1937 , hereby makes the following regulations, that is to say :—

Each of the Forms set forth in the Schedule to these regulations shall be the prescribed form for the purpose of the Seanad Electoral (Panel Members) Act, 1937 , to which such form is expressed to be applicable.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Fourteenth day of February, One Thousand Nine Hundred and Thirty-eight.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

SCHEDULE.

FORM OF NOMINATION PAPER FOR EX-OFFICIO NOMINATIONS.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

In pursuance of section 26 of the Seanad Electoral (Panel Members) Act, 1937 , I, the undersigned, being—

* the Taoiseach,

* a person who has previously held the office of Taoiseach,

* a person who has previously held the office of President of the Executive Council of Saorstát Eireann,

hereby nominate to the panel the person(s) whose name(s) are hereinafter set forth as candidate(s) for election to Seanad Eireann, and declare in respect of (*every) such person that he is qualified to be and is not disqualified from being elected a member of Seanad Eireann, and is qualified for inclusion in the said panel by reason of the qualification hereinafter set forth in respect of him.

Strike out the words which are inapplicable.

FORM OF NOTICE TO NOMINATING BODY OF RIGHT TO NOMINATE.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

Name of Panel ............................................................ .......... To ............................................................ ........................ being a body registered in the register of nominating bodies in respect of the above-mentioned panel.

Notice is hereby given that the above-mentioned body has the right to nominate .................. persons to the ........................ panel.

A Form of Nomination Paper is sent herewith.

Section 23 (2) and (3) of the Seanad Electoral (Panel Members) Act, 1937 , makes the following provisions with respect to nominations.

Section 23.

(2) All nominations to a panel by a nominating body shall be made in accordance with the following provisions, that is to say :—

(a) such nominations shall be made in writing on a nomination paper in the prescribed form;

(b) every nominating body shall nominate by one and the same nomination paper all the persons which it is entitled to nominate;

(c) every nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein (including a statement of the qualifications of every person thereby nominated for the panel to which he is nominated) and shall be signed by the nominating body making a nomination thereby;

(d) where the nominating body is a body corporate the nomination paper shall be signed by such body 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;

(e) where the nominating body is not a body corporate, the nomination paper shall be signed in the name of the body by some person having authority to sign in that name.

(3) In the case of the Irish County Councils' General Council and in the case of the Association of Municipal Authorities of Ireland, the persons to be nominated to the administrative panel by such bodies, respectively, shall be chosen by the members of such body voting on the system of proportional representation by means of the single transferable vote.

With regard to the qualifications referred to in sub-section (2) (c) of that section, Article 18 (7) of the Constitution requires that the panels shall contain respectively the names of persons having knowledge and practical experience of the following interests and services.

As regards the

(i) Cultural and Educational panel—

National Language and Culture, Literature, Art, Education, and such professional interests as may be defined by law for the purposes of that panel.

NOTE: Professional interests for the purposes of this panel have been defined by law as

(a) law;

(b) medicine, including surgery, dentistry, veterinary medicine and pharmaceutical chemistry.

(ii) Agricultural panel—

Agriculture and allied interests and Fisheries;

(iii) Labour panel—

Labour, whether organised or unorganised;

(iv) Industrial and Commercial panel—

Industry and Commerce (including banking, finance, accountancy, engineering and architecture);

(v) Administrative panel—

Public Administration and social services, including voluntary social activities.

The Form of Nomination paper is, for convenience, in three separate parts : a first sheet, continuing sheets and a final sheet. A separate continuing sheet should be used for each candidate nominated. Each continuing sheet should state the name, address, description and qualifications for the panel of the person nominated, in the spaces provided therefor. The surname of the person nominated and the other name or names must be given in full. In the space opposite the words "Description of person nominated" the rank, profession or calling of the person nominated should be stated. The address and qualifications of the person nominated should be set out in the spaces provided therefor on the sheet. The particulars given should be such that the identity of the person nominated is free from doubt.

When completed, the "First Sheet", the sheets marked "Continuing Sheets No........"and the sheet marked "Final Sheet" should be fastened together in that order and submitted as one nominating paper.

Where a nominating body purports to nominate by a nomination paper either more persons or less persons to a panel than such nominating body is entitled to nominate, the nomination paper shall be wholly void.

The period during which nominations by nominating bodies may be received expires on the 26th day of February, 1938, at twelve o'clock noon.

Seanad Returning Officer.

Room 103,

Leinster House,

DUBLIN.

FIRST SHEET.

Number of Candidates to be nominated ...............

23 (1)

FORM OF NOMINATION PAPER FOR USE BY NOMINATING BODY.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

The above-named body nominates to the .............................. panel the persons whose names are hereinafter set forth as candidates for election to Seanad Eireann, and declares in respect of every such person that he is qualified to be and is not disqualified from being elected a member of Seanad Eireann, and is qualified for inclusion in the said panel by reason of the qualifications hereinafter set forth in respect of him.

CONTINUING SHEET NO............

FINAL SHEET.

Authentication

(See note).

NOTE.

The statutory requirements with respect to the signing of nomination papers are as follows:—

1. Where the nominating body is a body corporate, the nomination paper shall be signed by such body 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.

2. Where the nominating body is not a body corporate, the nomination paper shall be signed in the name of the body by some person having authority to sign in their name.

FORM OF NOMINATION PAPER FOR USE BY MEMBERS OF DAIL EIREANN.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

We the undersigned members of Dail Eireann hereby nominate to the.................................Panel the undermentioned person for election to Seanad Eireann and declare that the said person is qualified to be and is not disqualified from being elected a Member of Scanad Eireann, and that the said person is qualified for the said panel by reason of the qualifications hereinafter set forth.

Member of Dáil Éireann for the.......................... Constituency of.........................................................

Signed................................................

Member of Dáil Éireann for the........................... Constituency of.........................................................

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by section 7 of the Seanad Electoral (Panel Members) Act, 1937 , hereby makes the following regulations, that is to say:—

Each of the Forms set forth in the Schedule to these regulations shall be the prescribed form for the purpose of the Seanad Electoral (Panel Members) Act, 1937 , to which such form is expressed to be applicable.

GIVEN under the Official Seal of the Minister for Local Government and Public Health, this Tenth day of March, One Thousand Nine Hundred and Thirty-eight.

(Sighnithe) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

FORM OF BALLOT PAPER.

FORM OF FRONT OF BALLOT PAPER.

Counterfoil No..........

Note:—The counterfoil is to have a number to correspond with that on the back of the ballot paper:

FORM OF BACK OF BALLOT PAPER.

No. ............

SEANAD ELECTION.

BALLOT PAPER NO. ............

DECLARATION OF IDENTITY.

I hereby declare that 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 ............................................................ ....................

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

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

Date ..........................................................

FORM OF OUTER ENVELOPE.

To________________________

__________________________

__________________________

If undelivered, return immediately to :—

WILFRID BROWN, Esq.,

Seanad Returning Officer,

LEINSTER HOUSE,

DUBLIN.

FORM OF BALLOT PAPER ENVELOPE.

BALLOT PAPER ENVELOPE.

No. ..................

Ballot Paper only to be enclosed in this Envelope.

This envelope, together with the Declaration of Identity, must be placed in the envelope addressed to the Seanad Returning Officer.

SEANAD ELECTION, 1938.

FORM OF COVERING ENVELOPE.

SEANAD ELECTION.

To WILFRID BROWN, Esq.,

Seanad Returning Officer,

LEINSTER HOUSE,

DUBLIN.

No stamp required when posted in Eire.

If handed in at any Post Office in Eire, a receipt of registration may be obtained free, and an " A.R. " Form No. 87, will be issued free in respect of this packet if demanded.

Rule 22, First Schedule.

FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE VOTING.

I solemnly undertake that I will not at this Seanad Election do anything forbidden by Section 46 of the Seanad Electoral (Panel Members) Act, 1937 , which I have read.

SECTION 46 of THE SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937 .

46. (1) The Seanad returning officer and every officer and clerk concerned in the issue or the recipt 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, excel 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.