S.I. No. 138/1979 - The European Assembly and Local Elections Regulations, 1979.


S.I. No. 138 of 1979.

THE EUROPEAN ASSEMBLY AND LOCAL ELECTIONS REGULATIONS, 1979.

The Minister for the Environment, in exercise of the powers conferred on him by section 91 of the Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European Assembly Elections Act, 1977 (No. 30 of 1977), in order to give effect to the said section 91 in relation to the polls to be taken at the Assembly election and the local elections to be held in the year 1979 hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the European Assembly and Local Elections Regulations, 1979.

2 Interpretation.

2.—(1) In these Regulations—

"the Act of 1963" means the Electoral Act, 1963 ;

"the Act of 1977" means the European Assembly Elections Act, 1977 ;

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

"Assembly election" means the election of representatives to the Assembly of the European Communities to be held in the year 1979;

"Assembly election rules" means the First Schedule to the Act of 1977;

"Assembly elector" means a person who is entitled to vote at the Assembly election;

"Assembly local returning officer" has the meaning assigned to it by article 5 (1) of these Regulations;

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

"local election" means a local election to be held in the year 1979;

"local electoral area" means the area or any of them by reference to which a local election is held;

"the Minister" means the Minister for the Environment;

"postal voters list" means the list prepared pursuant to section 7 (4) of the Act of 1963;

"the 1965 Regulations" means the Local Elections Regulations 1965 ( S.I. No. 128 of 1965 );

"the 1974 Regulations" means the Local Elections (Amendment) Regulations, 1974 ( S.I. No. 117 of 1974 );

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

"urban election" means a 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 and "urban poll" shall be construed accordingly.

(2) References in these Regulations to returning officers and Assembly local returning officers shall be construed as including references to deputy returning officers and deputy Assembly local returning officers, respectively.

3 Effect of Regulations.

3. These Regulations shall have effect in relation to the Assembly election and to the local elections to be held in the year 1979 in the event that the polls at the said elections are to be taken on the same day.

4 Death of candidate.

4.—(1) Where in the circumstances referred to in Rule 20 of the Assembly election rules the poll at an Assembly election in an Assembly constituency is not taken or completed on the polling day appointed under section 6 of the Act of 1977 the following provisions shall have effect:—

( a ) these Regulations shall not apply in relation to the fresh Assembly election to be held under the said Rule;

( b ) the application of these Regulations to the poll at the local elections in respect of the local authorities in the Assembly constituency shall be subject to the modification that the Assembly local returning officer shall cause each ballot box to be delivered on the close of the polls to the returning officer for the relevant local election who shall deal with such box in accordance with the Local Elections Regulations 1965 and 1974 as if it had been delivered to him in accordance with article 53 (2) of the 1965 Regulations and shall destroy any Assembly ballot papers found therein.

(2) Where a fresh election is held in a local electoral area in accordance with article 28 of the 1965 Regulations and the polling day at such fresh election is a day other than the polling day fixed under section 84 of the Act of 1963, these Regulations shall not apply in relation to the fresh local election.

5 Returning Officers.

5.—(1) For the purpose of the provisions referred to in the Table to this article the returning officer at a local election in a local electoral area shall be the person who, in accordance with section 14 (2) of the Act of 1977, is the local returning officer for the county or county borough in which such local electoral area is situated (in these Regulations referred to as the "Assembly local returning officer") and the powers and duties of the returning officer under the said provisions shall be exercised and performed by the Assembly local returning officer and references in the said provisions to the returning officer shall be construed as references to the Assembly local returning officer.

(2) The powers and duties of the returning officer in relation to a local election (other than those referred to in the Table to this article) shall be exercised and performed by the clerk or secretary of the local authority who in accordance with article 4 of the 1965 Regulations is the returning officer for that election.

TABLE

The following provisions of the 1965 Regulations, that is to say, articles 5 (in so far as it relates to the taking of the poll otherwise than by postal voting), 11 (6), 31, 36 (as substituted by article 10 of the 1974 Regulations), 37, 38 (as amended by article 11 of the 1974 Regulations), 41, 42, 51 (1), 51 (2), 52 (1), 52 (2), 52 (3) and 53.

(3) Notwithstanding sub-articles (1) and (2) of this article, the returning officer for a local election shall be entitled to be admitted to any polling station where a poll at an election for which he is returning officer is being taken.

6 Mutual assistance.

6. It shall be the duty of every person upon whom any function is conferred by or under Part VI of the Act of 1963, the Act of 1977, the Local Elections Regulations 1965 and 1974 or these Regulations and of every person appointed or employed (otherwise than by a candidate) for any purpose related to an election, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of an election.

7 Deputy local returning officer.

7.—(1) It shall be lawful for an Assembly local returning officer with the consent of the Minister to appoint deputy Assembly local returning officers for the discharge of all or any particular part of the duties of such Assembly local returning officer.

(2) Where the same person is Assembly local returning officer for both a county and a county borough or for two counties he shall appoint, in respect of one of them, a deputy Assembly local returning officer for the purpose of articles 11 and 12 of these Regulations.

8 Notice of poll and situation of polling stations.

8.—(1) Where under article 27 of the 1965 Regulations the local election for a local electoral area is adjourned or candidates standing nominated are declared elected or the election is not proceeded with, the returning officer shall so inform the Assembly local returning officer for the county or county borough in which the electoral area is situated and, where the election is adjourned, shall furnish to the Assembly local returning officer a copy of the notice of the poll given under article 29 of the 1965 Regulations.

(2) The Assembly local returning officer for a county or county borough shall furnish to the returning officer for each local electoral area situated in the county or county borough a copy of the public notice given by him under Rule 30 (3) of the Assembly election rules and article 37 (3) of the 1965 Regulations.

9 Polling cards.

9.—(1) Where a poll is to be taken at a local election in a local electoral area the Assembly local returning officer shall send a polling card in the form L.E. 4 prescribed in the Schedule to the 1965 Regulations to every local elector for that area other than an elector to whom a polling card is to be sent under Rule 28 of the Assembly election rules or whose name is on the postal voters list. Where a polling card is to be sent to an elector under this sub-article it shall be sent in sufficient time to be delivered in the ordinary course of post not later than the third day before the polling day but no action or other proceeding shall lie against an Assembly local returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling card.

(2) The polling card sent to an Assembly elector under Rule 28 of the Assembly election rules shall contain the statement set out in the Table to this Article.

TABLE

You will receive two ballot papers (three if you live in a borough, urban district or town). On each ballot paper you may vote 1, 2, 3 etc. for the candidates in the order of your choice. The ballot papers will relate to—

—The European Assembly election

—the county council or county borough council election

—the urban election (in boroughs, urban districts and towns).

On each ballot paper the way to vote is to place the figure 1 opposite the name of the candidate for whom you wish to give your first preference, the figure 2 opposite the name of the candidate to whom you wish to give your second preference and so on for as many candidates as you wish to express a preference. Remember to start with the figure 1 on each ballot paper.

10 Provisions relating to taking of poll.

10. The following provisions shall have effect in relation to the taking of the polls in a polling station:—

( a ) the Assembly local returning officer shall appoint the same person to be the presiding officer at each poll;

( b ) the same copy of the register of electors shall be used for each poll and the register shall be marked to indicate the poll or polls in respect of which a ballot paper is delivered to each elector;

( c ) the returning officer for each local election shall furnish to the Assembly local returning officer a sufficient supply of ballot papers and other forms required for taking the poll at that election in the polling station;

( d ) where one of the polls is the poll at an urban election a separate ballot box shall be provided for such poll and on the close of the poll such box shall be delivered to the returning officer for the urban election;

( e ) the following questions shall be substituted for those set out in Rule 47 (1) (b) of the Assembly election rules and article 46 (1) of the 1965 Regulations—

"(i) Are you the same person as the person whose name appears as AB on the register of electors now in force for the county (county borough) of ........................................

(ii) Have you already voted at this Assembly election? (or—at this local election?—as the case may be)

(iii) Had you reached the age of eighteen years on 15th day of April, 1979?

and (in the case only of a person who applies for an Assembly ballot paper)

(iv) Are you either or both of the following

( a ) a citizen of Ireland,

( b ) a national of a Member State of the European Communities other than Ireland?"

( f ) the following oath (or affirmation) shall be substituted for the oath (or affirmation) set out in Rule 47 (1) (c) of the Assembly election rules and article 46 (2) of the 1965 Regulations—

"I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I am the same person as the person whose name appears as AB on the register of electors now in force for the county (or county borough)      of................................. and that I have not already voted at this Assembly election (or—at this local election—as the case may be) and that I had attained the age of eighteen years on the 15th April, 1979 and (in case only of a person who applies for an Assembly ballot paper) that I am a citizen of Ireland (or—a national of a Member State of the European Communities other than Ireland—or—both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland—as the case may be)"

11 Urban ballot boxes.

11.—(1) As soon as may be after the close of the poll but not later than the hour of 9 a.m. on the day next following the polling day the returning officer for each urban election shall—

( a ) open each urban ballot box and examine the ballot papers therein so as to ascertain if the ballot box contains any Assembly or county ballot papers;

( b ) remove any Assembly or county ballot papers found in such box;

( c ) place such Assembly ballot papers and county ballot papers in separate packets together with a statement showing in each case the number of papers enclosed in the packet and giving particulars of the ballot box in which the ballot papers were found;

( d ) seal each such packet and transmit it by hand to the Assembly local returning officer.

(2) Having dealt with each urban ballot box in accordance with the preceding sub-article the returning officer shall either close and seal each such box with the remaining ballot papers therein or proceed in accordance with Article 60 of the 1965 Regulations.

(3) The provisions of article 59 of the 1965 Regulations in relation to attendance at the counting of the votes shall apply to attendance at the proceedings under this article.

12 Arrangements in relation to ballot boxes other than urban ballot boxes.

12.—(1) Not less than four days before the polling day the Assembly local returning officer shall give written notice to each candidate at the Assembly election and to each candidate at the county council or county borough council election of the time and place at which he will open the ballot boxes in pursuance of sub-article (2) of this article and of the number of agents each candidate may appoint to attend at the opening.

He shall give the said agents reasonable facilities for overseeing the proceedings and all information with respect thereto which he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.

(2) As soon as may be after the close of the poll but not later than the hour of 9 a.m. on the day next following the polling day the Assembly local returning officer shall—

( a ) open each ballot box (other than urban ballot boxes) and examine the ballot papers therein so as to ascertain if the ballot box contains any urban ballot papers;

( b ) remove any urban ballot papers found in the box;

( c ) place such urban ballot papers in a packet together with a statement showing the number of papers enclosed in the packet and giving particulars of the ballot box in which the ballot papers were found;

( d ) seal each such packet and transmit it by hand to the returning officer for the relevant urban election.

(3) The Assembly local returning officer shall—

( a ) count the number of Assembly ballot papers found in each box and compare the total number of papers so ascertained with the number shown in the appropriate Assembly ballot paper account;

( b ) prepare a statement showing the result of this comparison in respect of all the ballot papers for the county or county borough and including particulars of Assembly ballot papers, if any, transmitted to him pursuant to article 11 of these Regulations;

( c ) open the ballot box in which the postal ballot papers for the Assembly election were placed in accordance with Rule 50 of the Assembly election rules, and count and record the number of such ballot papers;

( d ) place the Assembly ballot papers (including postal ballot papers) in boxes which he shall seal and on each of which he shall endorse the number of ballot papers contained therein and the name of the county or county borough for which he is the Assembly local returning officer and forthwith deliver all such boxes together with the statement referred to in paragraph (b) and a statement of the number of postal ballot papers recorded under paragraph (c) of this sub-article to the returning officer for the Assembly constituency.

(4) The Assembly local returning officer shall also—

( a ) count the number of county ballot papers found in each box and compare the total number of papers so ascertained with the number shown in the appropriate county ballot paper account;

( b ) prepare a statement showing the result of this comparison in respect of all the ballot boxes for each local electoral area and including particulars of the county ballot papers, if any, transmitted to him pursuant to article 11 of these Regulations; and

( c ) deliver the ballot papers to the returning officer for the county or county borough election, together with the appropriate statements referred to in paragraph (b) of this sub-article and the packets and statements relating to such ballot papers received by him from the several presiding officers under article 53 (2) of the 1965 Regulations, making adequate arrangements for the safety and safe custody of the ballot papers and other documents in the course of such delivery.

(5) The returning officer for the county or county borough election on receipt of the ballot papers delivered to him in accordance with paragraph (c) of the preceding sub-article, shall forthwith deal with them in accordance with article 60 (5) of the 1965 Regulations.

(6) Boxes in which ballot papers have been placed in accordance with paragraph (d) of sub-article (3) of this article shall be deemed to be ballot boxes for the purposes of Rule 54 (1) of the Assembly election rules.

(7) The Assembly local returning officer, his assistants and clerks, the returning officer for the county or county borough election, members of the Garda Síochána on duty and the agents of the candidates duly appointed for this purpose and no other person, except with the permission of the Assembly local returning officer, may be present at the proceedings under this article.

13 Modifications of Act of 1977.

13. The Act of 1977 shall have effect as if:

( a ) in section 14 (3) "and the European Assembly and Local Elections Regulations, 1979" were inserted after "by this Act"; and

( b ) in the First Schedule:—

(i) ''hour of 9 a.m. on the day next following the polling day" were substituted for "time appointed for the commencement of the count" in Rule 33 (b);

(ii) "hour of 9 a.m. on the day next following the polling day" were substituted for "time fixed by the Minister, under Section 6 of this Act, for the commencement of the count" in Rule 48 (3);

(iii) "dealt with in accordance with article 12 of the European Assembly and Local Elections Regulations, 1979" were substituted for "delivered by the local returning officer to the returning officer who shall treat it as a ballot box for the purpose of the counting of the votes at the election" in Rule 49 (4);

(iv) there were substituted for subparagraph (c) of Rule 69 (1) the following subparagraph:

"(c) the statement prepared in accordance with article 12 (3) of the European Assembly and Local Elections Regulations 1979, and";

(v) there were inserted after subparagraph (a) of Rule 69 (2) the following subparagraph:

"( aa ) the ballot paper accounts";

(vi) Rules 32, 46 (4) and 54 (2) were deleted.

14 Modification of the Local Elections Regulations.

14. The Local Elections Regulations 1965 and 1974 shall have effect as if—

( a ) the Local Elections (Postal Voting) Regulations, 1974 ( S.I. No. 118 of 1974 ) did not apply;

( b ) sub-articles (1), (3) and (4) of article 60 of the 1965 Regulations did not apply to county and county borough elections;

( c ) in the 1965 Regulations:

(i) "shall so inform the Minister who may, by order appoint the day for the taking of the poll in the said electoral area" were substituted for "may postpone the date for the taking of the poll in the said local electoral area for a period not greater than the period of such adjournment" in article 26 (2) as substituted by article 6 of the 1974 Regulations;

(ii) "for the purpose of the taking of" were substituted for "and shall take" in article 27 (1) (a).

(iii) "fixed for the commencement of the poll" were substituted for "at which it was adjourned" in article 50 (1);

(iv) "stations" were substituted for "places" in both places in which it occurs in article 50 (2);

(v) "Assembly local returning officer who shall forthwith inform the" were inserted after "such adjournment to the" in article 50 (3);

(vi) "station" were substituted for "place" in both places where it occurs in article 51 (1) and in article 52 (1);

(vii) "as soon as may be" were substituted for "at the hour of 9 a.m." in article 60 (1):

(viii) "marked copies of the register and" were deleted from article 78 (2) (a); and

(ix) articles 35, 39 and 78 (2) (a) were deleted.

GIVEN under the Official Seal of the Minister for the Environment this 11th day of April, 1979.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations make certain provisions in relation to the European Assembly elections and the local elections which are due to be held in 1979 in order to facilitate the taking of the polls at these elections on the same day.