Electoral Act, 1992
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Inspection of ballot papers etc. |
130.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court. | |
(2) The documents referred to in subsection (1) are— | ||
(a) the counterfoils of the ballot papers sent to postal voters under section 68 , | ||
(b) the counterfoils of the ballot papers delivered to special voters under section 82 , | ||
(c) the documents referred to in subsections (2) and (3) of section 76 , and | ||
(d) the documents referred to in subsection (1) of section 129 . | ||
(3) An order referred to in subsection (1) 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) may be made subject to such conditions as to persons, time and 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 is made for the production by the Clerk of the Dáil of any document in his possession relating to a Dáil election, the production by or on behalf of the Clerk of the Dáil of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet so produced 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. |