Electoral Act, 1992

Duties of returning officer in relation to documents relating to postal voters.

76.—(1) The returning officer, as soon as may be practicable after the completion of the issue of the postal ballot papers and in the presence of the agents of the candidates, if any, shall make up in separate packets, sealed with his own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers: provided that where any subsequent issue of ballot papers is made, the sealed packet containing the marked copy of the postal voters list may be opened by the returning officer for the purposes of that issue, and on completion of that issue, the list and the counterfoils of the ballot papersat that issue shall be made up and sealed in accordance with this section.

(2) As soon as the returning officer has completed the placing of the ballot papers in the ballot box mentioned in section 75 he shall seal up in separate packets—

(a) the receipts which accompanied any ballot papers duly accepted;

(b) any rejected receipts, with envelopes, if any, attached; and

(c) any rejected ballot papers, with envelopes, if any, attached.

(3) Where covering envelopes are received by the returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the returning officer shall not open such envelopes and shall, subject to his power of readdressing such envelopes pursuant to section 68 (5), seal such envelopes up into separate packets.

(4) The returning officer shall endorse on each packet mentioned in subsections (1), (2) and (3) a description of its contents, and the name of the constituency and the date of the polling day at the election to which such contents relate.

(5) The returning officer shall forward to the Clerk of the Dáil at the same time as he forwards the documents mentioned in section 129

(a) the packets referred to in the foregoing provisions of this section, and

(b) a statement in such form as may be directed by the Minister showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.

(6) Any envelopes returned as undelivered and any covering envelopes received by the returning officer after the said packets have been forwarded to the Clerk of the Dáil shall not be opened and shall be forwarded to the Clerk of the Dáil.