Electoral Act, 1923

The poll at elections.

26.—(1) In the case of a poll at an election the votes shall be given by ballot, and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates, or, in the case of a Referendum, the title of the Bill.

(2) Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face.

(3) At the time of voting the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of electors shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper and folded it up so as to conceal his vote, shall place it in a closed box in the presence of the officer presiding at the polling station (in this Act called “The Presiding Officer”) after having shown to him the official mark at the back.

(4) At a Dáil or Seanad election any ballot paper—

(a) which does not bear the official mark; or

(b) on which the figure 1 standing alone indicating a first preference for some candidate is not placed; or

(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate; or

(d) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate; or

(e) on which anything except the said number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted.

(5) At a referendum any ballot paper—

(a) which does not bear the official mark; or

(b) on which votes are given both for and against the Bill; or

(c) on which anything except the said number on the back is written or marked, by which the voter can be identified.

shall be invalid and not counted.