Electoral (Admendment) Act, 1947

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Number 31 of 1947.


ELECTORAL (AMENDMENT) ACT, 1947.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Number of members of Dail Eireann.

3.

Constituencies.

4.

Number of members to be returned by constituency.

5.

Re-election of outgoing Ceann Comhairle.

6.

Title page of electors lists, etc.

7.

Returning officers and assistant returning officers.

8.

Repeals.

9.

Commencement.

10.

Short title, construction and collective citation.

FIRST SCHEDULE.

SECOND SCHEDULE.


Acts Referred to

Electoral Act, 1923

No. 12 of 1923

Electoral (Chairman of Dáil Éireann) Act, 1937

No. 25 of 1937

Electoral (Revision of Constituencies) Act, 1935

No. 5 of 1935

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Number 31 of 1947.


ELECTORAL (AMENDMENT) ACT, 1947.


AN ACT TO FIX THE NUMBER OF MEMBERS OF DAIL EIREANN AND TO REVISE THEIR CONSTITUENCIES AND TO AMEND THE LAW RELATING TO THE ELECTION OF SUCH MEMBERS. [27th November, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Local Government;

the expression “the Principal Act” means the Electoral Act, 1923 (No. 12 of 1923).

Number of members of Dail Eireann.

2.—Dáil Éireann shall consist of One Hundred and Forty-seven members.

Constituencies.

3.—(1) The members of Dáil Éireann shall represent the constituencies specified in the First Schedule to this Act.

(2) A constituency specified in Part I of the First Schedule to this Act shall be a borough constituency and a constituency specified in Part II thereof shall be a county constituency.

(3) An area specified in the First Schedule to this Act shall be taken to be that area as constituted on the 1st day of January, 1947, but if any doubt arises as to the constituency in which any townland or area smaller than a townland is included, the doubt shall be determined by the Minister.

(4) In the First Schedule to the Act—

(a) a reference to a line drawn along any road, street or railway shall, save where the context otherwise requires, be construed as a reference to a line drawn along the middle of the road, street or railway,

(b) a reference to a point at which any road or street intersects, cuts, meets, joins, crosses, reaches, leaves or departs from any road or street shall, save where the context otherwise requires, be construed as a reference to the point at which a line drawn along the middle of the one and a line drawn along the middle of the other would intersect when prolonged.

Number of members to be returned by constituency.

4.—A constituency specified in the First Schedule to this Act shall return the number of members set out in respect thereof in the third column of that Schedule.

Re-election of outgoing Ceann Comhairle.

5.—For the purposes of paragraph (b) of section 3 of the Electoral (Chairman of Dáil Éireann) Act, 1937 (No. 25 of 1937), the constituency of South Galway specified in the First Schedule to this Act is hereby declared to correspond to the constituency of East Galway specified in the Schedule to the Electoral (Revision of Constituencies) Act, 1935 (No. 5 of 1935).

Title page of electors lists, etc.

6.—(1) The title page of every electors list, list of claimants, list of objections and register of electors, prepared under the First Schedule to the Principal Act after the passing of this Act and before the dissolution of the Oireachtas which next occurs after such passing, for a registration unit in a constituency existing at the passing of this Act which is not identical in area and name with a constituency specified in the First Schedule to this Act, shall show the name of the constituency specified in the First Schedule to this Act in which such registration unit will be situate as well as the name of the said existing constituency in which it is situate at the passing of this Act.

(2) Where a constituency existing at the passing of this Act is not identical in area and name with a constituency specified in the First Schedule to this Act, a postal voters list shall be prepared in respect of the constituency as soon as may be after the passing of this Act and such list shall be in alphabetical order of names and be numbered consecutively.

(3) This section shall come into operation on the passing of this Act.

Returning officers and assistant returning officers.

7.—(1) The returning officer for a constituency specified in the First Schedule to this Act shall be—

(a) in case the whole of the constituency is situate in a county or county borough for which there is a sheriff—the sheriff,

(b) in case the whole of the constituency is situate in a county for which there is an undersheriff—the undersheriff,

(c) in case part of the constituency is situate in a county borough and part in a county and there is a sheriff or undersheriff for the county borough and a sheriff or undersheriff for the county—either the sheriff or undersheriff for the county borough or the sheriff or undersheriff for the county as the Minister by order appoints from time to time,

(d) in any other case—the county registrar or, where part of the constituency has one county registrar and part another county registrar, such one of the county registrars as the Minister by order appoints from time to time.

(2) Notwithstanding subsection (1) of this section, the returning officer for the borough constituencies of Dublin South (East) and Dublin South (West) specified in the First Schedule to this Act shall, so long as the undersheriff at the passing of this Act for the county of Dublin continues to hold that office, be such undersheriff.

(3) A county registrar, sheriff or undersheriff for a county who is the returning officer for a constituency part of which is situate in such county and the other part of which is situate in another county or a county borough, or a county registrar, sheriff or undersheriff for a county borough who is the returning officer for a constituency part of which is situate in such county borough and the other part in a county, may appoint the appropriate officer, and shall appoint him if he so requires, to be assistant returning officer for such other part of the constituency.

In this subsection, the expression “the appropriate officer” means—

(a) in case there is a sheriff or undersheriff for such other part of the constituency—that sheriff or undersheriff,

(b) in any other case—the county registrar for such other part of the constituency.

(4) The duties of an assistant returning officer shall be the performance, in the part of a constituency for which he was appointed, of such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person, but if any doubt arises as to the duties of an assistant returning officer, the doubt shall be determined by the Minister.

Repeals.

8.—The enactments specified in the Second Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule.

Commencement.

9.—Save as otherwise provided by this Act, this Act shall come into operation on the dissolution of Dáil Éireann which next occurs after the passing of this Act.

Short title, construction and collective citation.

10.—(1) This Act may be cited as the Electoral (Amendment) Act, 1947.

(2) The Electoral Acts, 1923 to 1946, and this Act shall be construed together as one Act.

(3) The Electoral Acts, 1923 to 1946, and this Act may be cited together as the Electoral Acts, 1923 to 1947.

FIRST SCHEDULE.

Constituencies.

PART I.

Borough Constituencies.

Name

Area

Number of Members

Cork

The County Borough of Cork and the District Electoral Divisions of Bishops-town, Blackrock and St. Mary's in the administrative county of Cork.

Five

Dublin North (East)

The Ballybough, Clontarf East, Clontarf West, Drumcondra North, Drumcondra South, North Dock and Raheny Wards, and the portion of the Mountjoy Ward lying south of a line drawn as follows: Commencing at a point where the middle of Summerhill meets the ward boundary, thence along Summerhill to Hutton's Place, thence along Hutton's Place, Mountjoy Place, Mountjoy Square East and Belvedere Place to the ward boundary: and the portion of the administrative county of Dublin which lies to the east of a line drawn as follows:—commencing at the point on the boundary of that county where Killester Avenue meets Malahide Road and thence in a south-westerly direction along Malahide Road to the boundary of that county.

Five

Dublin North (Central).

The Glasnevin, Inn's Quay, North City and Rotunda Wards, the portion of the Mountjoy Ward not included in the Borough Constituency of Dublin North (East) and the portion of the Cabragh East Ward bounded by a line drawn as follows:—Commencing at the point where the Cabra Road meets the North Circular Road thence westerly along Cabra Road to St. Peter's Road, thence northerly along and to the end of St. Peter's Road, thence in a straight line to the nearest point on the eastern side of the carriageway at Shandon Road, thence northerly along and to the end of the said side of the said carriageway, thence in a straight line to the canal, thence along the canal to the ward boundary at Liffey Junction, thence to the boundary of the Glasnevin Ward, thence southerly along the boundary of the Cabragh East Ward to the middle of the North Circular Road and thence westerly to the point first mentioned.

Three

Dublin North (West)

The Arran Quay, Cabragh West and Phoenix Park Wards and the portion of the Cabragh East Ward which is not included in the borough constituency of Dublin North (Central).

Three

Dublin South (East)

The Pembroke East, Pembroke West and Rathmines East Wards, the portion of the Rathfarnham Ward lying to the east of a line drawn along Dartry Road and the portion of the Rathmines West Ward lying to the east of a line drawn as follows: Commencing at a point in the ward boundary due north of the middle of Rathmines Road Lower, thence southerly along Rathmines Road Lower and Rathmines Road Upper to the ward boundary.

Three

Dublin South (West)

The Crumlin, Kilmainham, Kimmage and Terenure Wards, the portion of the Rathfarnham Ward which is not included in the borough constituency of Dublin South (East) and the portion of the Rathmines West Ward which is not included in the borough constituency of Dublin South (East).

Five

Dublin South (Central).

The Mansion House, Merchants' Quay, Royal. Exchange, St. Kevin's, South Dock, Usher's and Wood Quay Wards.

Five

PART II.

County Constituencies.

Name

Area

Number of Members

Carlow-Kilkenny

The administrative Counties of Carlow and Kilkenny.

Five

Dun Laoghaire and Rathdown.

The Borough of Dun Laoghaire and the District Electoral Divisions of Ballybrack, Dundrum, Glencullen, Milltown, Rathfarnham, Rathmichael, Stillorgan and Whitechurch.

Three

Dublin

The Beann Eadair Ward and the administrative County of Dublin except the portion thereof which is comprised in the County Constituency of Dun Laoghaire and Rathdown and the portion thereof which is comprised in the borough constituency of Dublin North (East).

Three

Kildare

The Administrative County of Kildare

Three

Leix-Offaly

The administrative counties of Leix and Offaly.

Five

Longford-Westmeath

The administrative counties of Longford and Westmeath.

Five

Louth

The administrative County of Louth

Three

Meath

The administrative County of Meath

Three

Wexford

The administrative County of Wexford

Five

Wicklow

The administrative County of Wicklow

Three

Clare

The administrative county of Clare

Four

Cork West

The district electoral divisions of:

Bealanageary, Cleanrath, Derryfineen, Gortnatubbrid, Inchigeelagh, Slievereagh;

Three

Aultagh, Ballingurteen, Ballymoney, Bealanagarry, Bealock, Carrigboy, Coolmountain, Drinagh, Dunmanway North, Dunmanway South, Garrown, Kinneigh, Manch, Milane;

Ahil, Bantry Rural, Bantry Urban, Douce, Durrus East, Durrus West, Glanlough, Glengarriff, Kealkill, Kilcaskan, Mealagh, Scart, Seefin, Sheepshead, Whiddy;

Adrigole, Bear, Coulagh, Curryglass, Kilcatherine, Killaconenagh, Kilnamanagh;

Ballybane, Ballydehob, Coolagh, Crookhaven, Dunbeacon, Dunmanus, Goleen, Kilcoe, Lowertown, Skull, Toormoore;

Aghadown North, Aghadown South, Bredagh, Caheragh, Cape Clear, Carrigbaun, Castlehaven North, Castlehaven South, Cloghdonnell, Cloonkeen, Drinagh, Dromdaleague North, Dromdaleague South, Garranes, Gortnascreeny, Kilfaughnabeg, Killeenleagh, Knockskagh, Myross, Shreelane, Skibbereen Rural, Tullagh, Woodfort;

Ardfield, Argideen, Cahermore, Castleventry, Clonakilty Rural, Coolcraheen, Derry, Kilkerranmore, Knocks, Rathbarry, Rosscarbery, Rossmore;

and the Urban Districts of Clonakilty and Skibbereen.

Cork East

The district electoral divisions of:

Shanballymore, Skahanagh and Walls-town;

Three

Ballyarthur, Derryviliane, Farahy, Kildorrery, Kilgullane, Kilphelan, Marshalstown, Mitchelstown Templemolaga;

Aghern, Ballyhooly Ballynoe, Carrig, Castlecooke, Castle Hyde, Castlelyons, Castletownroche, Coole, Curraglass, Fermoy Rural, Glanworth East, Glanworth West, Gortnaskehy, Gortroe, Kilcor, Kilcummer, Kildinan, Killathy, Kilworth, Knockmourne, Leitrim, R thcormack, Watergrasshill;

Ballintemple, Ballycottin, Ballyspillane, Carrigtohill, Castlemartyr, Clonmult, Cloyne, Corkbeg, Dangan, Dungourney, Garryvoe, Ightermurragh, Inch, Lisgoold, Middleton Rural, Mogeely, Rostellan, Templebodan, Templenacarriga;

Ardagh, Clonpriest, Kilcronat, Killeagh, Kilmacdonogh, Youghal Rural; Caheriag, Cobh Rural, Knockraha and Riverstown;

and the Urban Districts of Cobh, Fermoy, Middleton and Youghal.

Cork North

The district electoral divisions of:

Caherbarnagh, Coomlogane, Crinnaloo, Cullen, Derragh, Doonasleen, Drishane, Keale, Kilcorney, Knocknagree, Rathcool and Skagh;

Three

Allow, Ballyhoolahan, Banteer, Barley-hill, Barnacurra, Bawncross, Boherboy, Castlecor, Castlemagner, Clonfert East, Clonfert West, Clonmeen, Coolclogh, Dromina, Glenlara, Gortmore, Greenane, Kanturk, Kilbrin, Kilmeen, Knockatooan, Knocktemple, Meens, Milford, Nad, Newmarket, Newtown, Roskeen, Rosnalee, Rowls, Tincoora, Tullylease, Williamstown;

Ardskeagh, Ballyclogh, Baliynamona, Buttevant, Caherduggan, Carrig, Chiiichtown, Clenor, Doneraile, Dromore, Imphrick, Kilmaclenine, Kilshannig, shannig, Liscarroll, Mallow Rural, Milltown, Monanimy, Rahan, Rathluirc, Springfort, Streainnill, Templemary;

Aghinagh, Candroma, Clondrohid, Kilberrihert, Kilnamartery, Macloneigh, Mashanaglass, Rahalisk, Ullanes;

and the Urban Districts of Macroom and Mallow.

Cork South

The administrative county of Cork except the portions thereof which are comprised in the Borough Constituency of Cork and the County Constituencies of Cork North, Cork East and Cork West.

Three

North Kerry

The district electoral divisions of:—

Ballinvoher, Ballyduff, Ballynacourty, Brandon, Castlegregory, Cloghane, Deelis, Dingle, Dunquin, Dunurlin, Glin, Inch, Kilmalkedar, Kilquane, Kinard, Lack, Marhin; Minard, Stradbally, Ventry,

Four

Abbeydorney, Arabela, Ardfert, Ballyegan, Ballyheige, Ballynahaglish, Ballynorig, Ballyseedy, Banna, Baur-tregaun, Blennerville, Boolteens, Brosna, Castleisland, Clogherbrien, Crinny, Doon, Gneeves, Kerryhead, Kilflyn, Kilgarrylander, Kilgobban, Killahan, Kilmurry, Kiltallagh, Knockglass, Knocknagashel, Lackabaun, Mount Eagle, Nohaval, O'Brennan, Ratass, Tralee Rural, Tubrid;

Ardagh, Astee, Ballincloher, Ballyconry, Ballyduff, Ballyegan, Ballyhorgan, Beal, Carrig, Causeway, Cloontnbbrid, Drommartin, Duagh, Ennismore, Gullane, Gunsborough, Kilfeighny, Killehenny, Killury, Kilmeany, Kilshenane, Kiltomy, Leitrim, Lislaughtin, Lisselton, Listowel Rural, Lixnaw, Moynsha, Newtownsandes, Rathea, Shronowen, Tarbert, Tarmon, Trienearagh, Urlee;

Kilnanare, Kilfelin and Currans;

and the Urban Districts of Listowel and Tralee.

South Kerry

The administrative County of Kerry except the portion thereof which is comprised in the County Constituency of North Kerry.

Three

West Limerick

The district electoral divisions of:

Fleanmore, Glin, Kilfergus, Kilmoylan;

Three

Abbeyfeale, Ardagh, Ballintober, Ballynoe West, Boola, Broadford, Caher, Cleanglass, Cloncagh, Danganbeg, Dromcolliher, Dromtrasna, Feenagh, Garryduff, Glenagower, Glengort, Glensharrold, Kilmeedy, Knockaderry, Mahoonagh, Mona-gay, Mountcollins, Mountplummer, Newcastle Rural, Newcastle Urban, Port, Rathronan, Rooskagh, Templeglentan;

Abbeyville, Adare North, Adare South, Ballingarry, Ballyagran, Ballygrennan, Ballynabanoge, Ballynoe, Castletown, Coolnis, Crean, Crecora, Croom, Dunnaman, Garrane, Kilfinny, Kilpeacon, Rathmore;

Ballyeummin, Carrig, Clarina, Patrickswell;

Athlacca, Ballymacshaneboy, Brures, Colmanswell, Dromin, Kilmallock, Rockhill, Tobernea;

Askeaton East, Askeaton West, Aughinish, Ballyallinan, Ballynacarriga, Castletown, Craggs, Croagh, Dromard, Dunmoylan East, Dunmoylan West, Iveruss, Kilcornan, Kildimo, Kilscannell, Lismakeery, Loghill, Mohernagh, Nantinan, Pallaskenry, Rathkeale Rural, Rathkeale Urban, Riddlestown, Shanagolden, Shanid.

East Limerick

The County Borough of Limerick, and the administrative County of Limerick except the portion thereof which is comprised in the County Constituency of West Limerick.

Four

North Tipperary

The administrative County of Tipperary, North Riding.

Three

South Tipperary

The administrative County of Tipperary, South Riding.

Four

Waterford

The County Borough of Waterford, and the administrative County of Waterford.

Four

West Galway

The district electoral divisions of:

Ballynakill, Bencorr, Bunowen, Cleggan, Clifden, Cushkillary, Derrycunlagh, Derrylea, Doonloughan, Errislannan, Illion, Inishbofin, Knockboy, Moyrus, Owengowla, Rinvyle, Roundstone, Sillerna, Skannive;

Three

Camus, Cloonbur, Cong. Crumpaun, Cur, Gorumna, Kilcummin, Letter-brickaun, Letterfore, Lettermore, Oughterard, Ross, Turlough, Worm-hole;

Ballintemple, Barna, Carrowbrowne, Furbogh, Galway Rural, Inishmore, Kilcummin, Killannin, Moycullen, Selerna, Slieveaneena, Spiddle and Tullokyne;

and the Borough of Galway.

South Galway

The district electoral divisions of: Ardamullivan, Ardrahan, Bally caha-lan, Beagh, Cahermore, Cappard, Castletaylor, Doorus, Drumacoo, Gort, Kilbeacanty, Killeely, Killeenavarra, Killinny, Kiltartan, Kilthomas, Kinvarra, Rahasane, Skehanagh;

Three

Aille, Athenry, Ballynagar, Bracklagh, Bullaun, Cappalusk, Castleboy, Cloonkeen, Colmanstown, Craughwell, Derrylaur, Drumkeary, Graigabbey, Grange, Greethill, Kilchreest, Kilconickny, Kilconierin, Killimor, Killogillcen, Kilmren, Kilreekill, Kilteskill, Kiltullagh, Lackalea, Leitrim, Loughatorick, Loughrea Rural, Loughrea Urban, Marblehill, Mountain, Moyode, Raford, Tiaquin, Woodford;

Abbeygormacan, Ahascragh, Aughrim, Ballinasloe Rural, Ballymacward Clonfert, Clontuskert, Kellvsgrove, Kilconnell, Killaan, Killallaghtan, Killoran, Killure, Kilmacshane, Kiltormer, Kylemore, Laurencestown, Lismanny, Oatfield;

Abbeyville, Ballyglass, Coos, Derrew, Drummin, Eyrecourt, Killimor, Kilmalinoge, Kilquain, Meelick, Moat, Pallas, Portumna, Tiranascragh, Tynagh;

Aughrim, Ballynacourty, Clarinbridge, Oranmore, Stradbally;

and the Urban District of Ballinasloe

North Galway

The administrative County of Galway except the portion thereof which is comprised in the County Constituencies of West Galway and South Galway.

Three

South Mayo

The district electoral divisions of:—

Four

Aghagower North, Aghagower South, Aghamore, Aillemore, Balla, Ballinafad, Ballinamore, Ballinchalla, Ballindine, Ballinrobe, Ballyhaunis, Ballyhean, Ballyhowly, Ballyovey, Bakan, Bellavary, Bohola, Brackloon, Breaghwy, Bundorragha, Burren, Burriscarra, Cappaghduff, Caraun, Castlebar Rural, Clare Island, Claremorris, Clogher (Castlebar), Clogher (Westport), Cloghermore, Cloonkeen, Cloonmore, Cong, Coolnaha, Coonard, Course, Croaghmoyle, Croaghpatrick, Crossboyne, Culnacleha, Dalgan, Derryloughan, Doocastle, Drummin Emlagh, Erriff, Garrymore, Hollymount, Houndswood, Islandeady, Kilbeagh, Kilcolman, Kilcommon, Kilgeever, Kilkelly, Killavally, Killedan, Kilmaclasser, Kilmaine, Kilmeena, Kilmovee, Kilsallagh, Kiltamagh, Kilvine, Knappagh, Knock, North, Knock South, Loughanboy, Louisburgh, Manulla, Mayo, Meelick, Murneen, Neale, Newbrook, Owenbrin, Owennadornaun, Portroyal, Rosslee, Shrule, Slievemahanagh, Sonnagh, Swineford, Tagheen, Tawnynagry, Toocananagh, Turlough, Urlaur and Westport Rural, and the Urban Districts of Castlebar and Westport.

North Mayo

The administrative County of Mayo except the portion thereof which is comprised in the County Constituency of South Mayo.

Three

Roscomnaon

The administrative County of Roscommon

Four

Sligo-Leitrim

The administrative counties of Sligo and Leitrim.

Five

Cavan

The administrative County of Cavan

Four

West Donegal

The district electoral divisions of:—

Annagary, Aran, Ardara, Ballintra (Ballyshannon), Ballintra (Donegal), Ballyshannon Rural, Ballyshannon Urban, Binbane, Bonnyglen, Bundoran Rural, Carrickboy, Cavan-garden, Cliff, Clogher, Corkermore, Cross Roads, Crovehy, Crowkerragh, Crownarad, Dawros, Donegal, Doocharry, Dunfanaghy, Dunglow, Dunkineely, Dunlewy, Eanymore, Fintown Glencolumbkille, Glengesh, Glenleheen, Glenties, Gortahork, Graffy, Grousehall, Haugh, Inishkeel, Inver, Kilcar, Kilgoly, Killybegs, Laghy, Largymore, Lettermacaward, Lough Eask, Maas, Magheraclogher, Maghery, Malinbeg, Meenaclady, Mountcharles, Mulmosog, Pettigoe, Rutland, Tawnawully, Templecarn, Tieveskeelta and Tullynaught, and the Urban District of Bundoran.

Three

East Donegal

The administrative County of Donegal except the portion thereof which is comprised in the County Constituency of West Donegal.

Four

Monaghan

The administrative County of Monaghan

Three

SECOND SCHEDULE.

Enactments Repealed.

No. and Year

Short title

Extent of Repeal

No. 12 of 1923

Electoral Act, 1923

Section 50 : the Eighth Schedule.

No. 5 of 1935

Electoral (Revision of Constituencies) Act, 1935 .

The whole Act.