Electoral Act, 1963

Presiding officers and poll clerks.

25.—(1) The following section is hereby substituted for section 35 of the Principal Act:

“35. (1) The returning officer shall appoint a presiding officer to preside at each polling station and also, if he thinks fit, a clerk or clerks to assist each presiding officer.

(2) The returning officer shall not appoint as presiding officer or poll clerk any person if he is himself aware or it is shown to his satisfaction that the person has been actively associated in furthering the candidature of any candidate at the election.

(3) The returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the list of persons to whom he has offered or proposes to offer appointments as presiding officers or poll clerks.

(4) A presiding officer shall keep order at his station, regulate the number of electors to be admitted at a time and shall exclude all other persons except the clerks, the agents of the candidates, companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors, and members of the Garda Síochána on duty.

(5) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person.”

(2) Section 36 of the Principal Act is hereby amended by the substitution of “any presiding officer” for “his deputy” in both places where the latter words occur.