Elections Act, 1960

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Number 14 of 1960.

ELECTIONS ACT, 1960.

ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

PART II

Provisions In Relation To The Polls At The DÁLl Election And The Local Elections

Number 14 of 1960.

ELECTIONS ACT, 1960.

AN ACT TO MAKE SPECIAL PROVISIONS IN RELATION TO THE TAKING OF THE POLLS AT CERTAIN ELECTIONS. [24th May, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary And General.

Short title.

1.—This Act may be cited as the Elections Act, 1960.

Interpretation.

2.—(1) In this Act—

“the Dáil Election” means the election of a member of Dáil Éireann to fill the vacancy caused by the death of Joseph Hughes;

“the local authorities” means the councils of counties, corporations of county or other boroughs, councils of urban districts and commissioners of towns whose functional areas are situate in the area consisting of the administrative counties of Carlow and Kilkenny and the county borough of Waterford;

“the local elections” means the elections of members of the local authorities to be held in the year 1960;

“the Minister” means the Minister for Local Government.

(2) Any reference in this Act to members of a local authority shall, where the local authority in question are a corporation of a county or other borough, be construed as a reference to the members of the council established by law in respect of such county or other borough.

Operation of Part II and fixing of certain days.

3.—(1) If the writ for the Dáil election is moved not later than the 1st day of June, 1960, the Minister may by order declare that Part II of this Act is in operation.

(2) An order under this section shall fix in relation to the Dáil election—

(a) a day to be deemed to be the day of receipt of the writ by the returning officer, and

(b) a day for polling.

(3) If an order is made under this section, Part II of this Act shall come into operation on the making of the order, but it shall not come into operation otherwise.

PART II.

Provisions In Relation To The Polls At The DÁIl Election And The Local Elections.

Receipt of writ at Dáil election.

4.—In giving effect in relation to the Dáil election to paragraph (a) of subsection (2) of section 18 of the Electoral Act, 1923 , the reference in that paragraph to the receipt of the writ shall be taken to be a reference to the day fixed pursuant to paragraph (a) of subsection (2) of section 3 of this Act whether the writ was or was not received by the returning officer on that day.

Polling day at the Dáil election.

5.—If a poll is taken at the Dáil election, it shall be held on the day fixed pursuant to paragraph (b) of subsection (2) of section 3 of this Act.

Ordinary day of election for purposes of the local elections.

6.—The day fixed pursuant to paragraph (b) of subsection (2) of section 3 of this Act shall be taken as being the ordinary day of election for the purposes of the local elections.

Returning officer.

7.—(1) The returning officer at the Dáil election shall be the returning officer for the purposes of the polls at the local elections.

(2) Any person who would, apart from subsection (1) of this section, be the returning officer for the purposes of the polls at the local elections shall, on being so required by the returning officer at the Dáil election, give to that officer such assistance in relation to those polls as he may reasonably require.

(3) If there is an assistant returning officer at the Dáil election for any area he shall act for that area as assistant returning officer for the purposes of the polls at the local elections and his duties shall be the performance in that area of such of the duties of the returning officer for the purposes of the polls at the local elections as that officer is not required by law to perform in person.

(4) If any doubt arises as to the duties to be performed consequent upon the provisions of this Part of this Act by any returning officer, assistant returning officer, county secretary or town clerk, the doubt shall be determined by the Minister.

Polling districts and polling places.

8.—For the purposes of a poll at the Dáil election—

(a) the constituency in relation to which the Dáil election is held shall be taken as being divided into the polling districts into which it stands divided for the time being for the purposes of the local elections, and

(b) the polling places shall be those which stand appointed for the time being as the polling places for the purposes of the polls at the local elections.

Taking of polls by same persons, etc.

9.—Where a poll is taken at any of the local elections in a particular electoral area and a poll is also taken at the Dáil election, the following provisions shall have effect in relation to the first-mentioned poll and the poll at the Dáil election as taken in that electoral area:

(a) they shall be taken by the same persons and in the same manner;

(b) they shall commence at the hour of 9 o'clock a.m. and shall be kept open continuously until the hour of 9 o'clock p.m. and no longer, unless the Minister has directed under section 41 of the Electoral Act, 1923 , as amended by section 2 of the Electoral (Amendment) Act, 1946 , that the poll at the Dáil election shall be kept open until the hour of 9.30 o'clock p.m., and in that case they shall be kept open continuously until the hour of 9.30 o'clock p.m.;

(c) the same official mark shall be used for all ballot papers;

(d) a voter shall be handed his ballot papers at the same time;

(e) if separate ballot boxes are provided, the fact that a ballot paper has not been put into the appropriate ballot box shall not invalidate the ballot paper.

Effect of certificate under section 22 of Electoral Act, 1923.

10.—Where a certificate is given under section 22 of the Electoral Act, 1923 , by the returning officer at the Dáil election, the certificate, as well as authorising the elector to vote at that Dáil election at the polling station specified in the certificate, shall also authorise him, if a poll is taken in relation to any of the local elections and he is entitled to vote at that election, to vote thereat at that polling station provided that—

(a) in case that election is an election of members of the corporation of a county or other borough, the council of an urban district or the commissioners of a town, that polling station is situated in that county or other borough, urban district or town, and

(b) in any other case, that polling station is situated in the local government electoral area in which he is registered as a local government elector.

Expenses of returning officer.

11.—(1) The returning officer at the Dáil election shall be entitled to his reasonable charges, not exceeding the sums specified in the scale of maximum charges prescribed for the purposes of this section, in respect of services and expenses of the several kinds mentioned in the scale which have been properly incurred by him for the purposes of or in connection with the Dáil election and the local elections.

(2) The amount of any such charges shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof on an account to be submitted to him in accordance with regulations under this section, but the Minister for Finance may, if he thinks fit, before payment apply to the Judge of the Circuit Court having jurisdiction in the administrative county of Kilkenny for the taxation of the account, and thereupon that Judge may tax the account in such manner and at such time and place as he thinks fit, and finally determine the amount payable to the returning officer.

(3) On the request of the returning officer for an advance on account of his charges, the Minister for Finance may, if he thinks fit, make such an advance.

(4) Where an application under this section is made for taxation, the returning officer may apply to the Judge to examine any claim made by any person against him in respect of matters charged in the account; and the Judge, after giving notice to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to, with or without costs, and the determination of the Judge shall be final for all purposes and as against all persons.

(5) Each of the local authorities shall pay to the Minister for Finance such part of the payment made pursuant to subsection (2) of this section as that Minister determines to be proper to be apportioned to that local authority.

(6) The Minister for Finance may by regulations prescribe for the purposes of this section—

(a) a scale of maximum charges, and

(b) the time when and manner and form in which accounts are to be rendered to him.

(7) The returning officer at the Dáil election shall not, by virtue of any enactment other than this section, be entitled to any charges incurred by him for the purposes of or in connection with the Dáil election or any of the local elections.

Infringement of secrecy.

12.—(1) In this section “the relevant subsections” means subsections (1) and (2) of section 28 of the Electoral Act, 1923 .

(2) The relevant subsections, as applying in relation to the Dáil election, shall apply to any person to whom the relevant subsections apply in relation to the local elections by virtue of section 39 of the Local Government Act, 1941 .

(3) The relevant subsections, as applying in relation to the local elections by virtue of section 39 of the Local Government Act, 1941 , shall apply to any person to whom the relevant subsections apply in relation to the Dáil election.

Agents.

13.—(1) A person appointed in relation to the Dáil election under section 22 of the Prevention of Electoral Abuses Act, 1923 , as a personation agent may attend at the polling station to which he was appointed notwithstanding that that station is also used for the purposes of any of the local elections.

(2) A person appointed in relation to any of the local elections under section 22 of the Prevention of Electoral Abuses Act, 1923 , as applied by section 39 of the Local Government Act, 1941 , as a personation agent may attend at the polling station to which he was appointed notwithstanding that that polling station is also used for the purposes of the Dáil election.

(3) A person appointed in relation to the Dáil election under Rule 29 of the Rules contained in the Fifth Schedule to the Electoral Act, 1923 , as an agent to attend the counting of the votes may attend the counting of the votes at the local elections.

(4) A person appointed in relation to any of the local elections under Rule 28 of the Rules contained in the Fifth Schedule to the Local Elections Order, 1942 , as an agent to attend the counting of votes may attend the counting of votes at the Dáil election.

(5) A person appointed in relation to the Dáil election under section 30 of the Prevention of Electoral Abuses Act, 1923 , as a sub-agent may attend at any polling station used at the Dáil election notwithstanding that that station is also used for the purposes of any of the local elections.

(6) In applying Rule 49 of the Rules contained in the Fifth Schedule to the Electoral Act, 1923 , in relation to the Dáil election, the words “in pursuance of this Act” shall be disregarded.

(7) In applying Rule 48 of the Rules contained in the Fifth Schedule to the Local Elections Order, 1942 , in relation to any of the local elections, the words “in pursuance of this Act” shall be disregarded.

Directions.

14.—The Minister may by directions provide for such matters as he considers it necessary or expedient to provide for in order to give effect to the provisions of this Part of this Act and may, in particular, by any such directions—

(a) define the powers and duties of the returning officer at the Dáil election in relation to that election and the local elections, and of other persons employed in connection with polls at those elections;

(b) make such modifications in the Electoral Acts, 1923 to 1959, and the Local Election Acts, 1927 and 1953, as appear to him to be necessary to enable the Dáil election and the local elections to take place in accordance with this Part of this Act or to facilitate or expedite the completion and ascertainment of the results of those elections;

(c) provide that the ballot papers to be used at the Dáil election shall be distinguishable from those to be used at the local elections;

(d) provide for the use of the same or separate ballot boxes at a polling station in connection with the Dáil election and any of the local elections.

General provision with respect to the effect of Part II.

15.—The provisions of this Part of this Act shall have effect notwithstanding anything contained in any other Act or in any order, regulation or other instrument made under any other Act.