European Assembly Elections Act, 1977

Inspection of ballot papers, etc.

16.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) of this section except under an order of the High Court.

(2) The documents referred to in subsection (1) of this section are,

(a) the counterfoils of the ballot papers sent to postal voters under Rule 26 of the First Schedule to this Act,

(b) the documents mentioned in paragraph (2) or (3) of Rule 50 of the said Schedule,

(c) the documents mentioned in subparagraph (a) or (b) of Rule 69 (1) of the said Schedule, and

(d) the documents mentioned in subparagraph (a) or (b) of Rule 69 (2) of the said Schedule.

(3) An order referred to in subsection (1) of this section shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.

(4) An order referred to in subsection (1) of this section may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court may think expedient, and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.

(5) Where an order pursuant to this section is made for the production by the chief returning officer of any document in his possession relating to an Assembly election, the production by the chief returning officer of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet produced by the chief returning officer shall be, until the contrary is shown, sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.