Electoral Act, 1923

Questions and oaths at elections.

29.—(1) No questions, inquiries or objection shall be put, made or permitted at the time of the poll as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or his deputy save only that the returning officer or his deputy may, and, if so required on behalf of any candidate, shall put to any voter at the time of his tendering his vote and not afterwards the following questions, or any or either of them, viz.:—

(i) Are you the same person as the person whose name appears as A B on the Register of Electors now in force for the constituency of ____________________ .

(ii) Have you already voted at this general election (or this bye-election, or this Seanad election, or this Referendum, as the case may be)?

And unless the first question is answered in the affirmative and the other question or questions as the case may be are or is answered in the negative that person shall not vote.

(2) The returning officer or his deputy may, and, if so required on behalf of any candidate, shall administer to any voter at the time of his tendering his vote and not afterwards an oath or (in the case of any person who objects to take an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:—

“I swear by Almighty God (or I, A B, 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 A B on the Register of Electors now in force for the constituency of____________, and that I have not already voted at this general election (or this bye- election, or this Seanad election, or this Referendum as the case may be).”

(3) Save as is mentioned in this section it shall not be lawful to require any voter at any election to take any oath or affirmation either in respect of his right to vote or any other matter whatsoever.

(4) It shall not be lawful to reject any vote tendered by any person whose name shall be upon the Register of Electors in force for the time being except by reason of its appearing to the returning officer or his deputy upon putting such questions as aforesaid, or any or either of them, that the person so claiming to vote is not the same person whose name appears on such register as aforesaid, or that such person has already voted at that general or bye-election, or Seanad election, or Referendum (as the case may be), or except by reason of such person refusing to answer the said questions, or any or either of them, or to take the said oath or make the said affirmation; and no scrutiny shall hereafter be allowed by or before any returning officer with regard to any vote given or tendered at any such election.