14/11/1928: The Seanad Electoral Act, 1928.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE SEANAD ELECTORAL ACT, 1928.

WHEREAS by sub-section (1) of section 18 of the Seanad Electoral Act, 1928 (hereinafter referred to as "the Act") it is enacted in effect that the Minister for Local Government and Public Health may by order make regulations prescribing any matter or thing which is referred to in the Act as prescribed or to be prescribed:

AND WHEREAS the forms hereinafter referred to are required by the Act to be prescribed by the Minister for Local Government and Public Health for the purpose of a Seanad election :

NOW, THEREFORE, I, the Minister for Local Government and Public Health, in exercise of the powers vested in me by the Act, do by this my Order, order follows, that is to say :—

1. This Order may be cited and referred to as the Seanad Elections (Forms) Order, 1928.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. For the purposes of a Seanad election the forms numbered respectively 1 to 9 set forth in the Schedule to this Order shall be used in the cases to which they are expressed to be applicable and shall be the prescribed forms for the purposes of the Act.

GIVEN under my Official Seal, this Fourteenth day of November, in the Year of Our Lord, One Thousand Nine Hundred and Twenty-eight.

(Signed) RISTEÁRD UA MAOLCHATHA,

Minister for Local Government and Public Health.

SCHEDULE.

FORM OF BALLOT PAPER.

FORM OF FRONT OF BALLOT PAPER.

Counterfoil No.

Note.—The counterfoil is to have a number to correspond with that on he back of the ballot paper.

FORM OF BACK OF BALLOT PAPER.

Number.........................

Election to Seanad Eireann, 19......

NOTE.—The number on that back of the ballot paper is to correpond with that on the counterfoil.

DIRECTIONS AS TO PRINTING BALLOT PAPER.

Nothing is to be printed on the ballot paper, except in accordance with the Seanad Electoral Act, 1928 .

FORM OF DECLARATION OF IDENTITY.

Ballot Paper No.........................

DECLARATION OF IDENTITY.

I.......................................................do solemnly and sincerely declare that I am the person to whom the ballot paper numbered as above and the envelope in which it was enclosed (both of which I now produce) were sent. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Voter's signature..................................................

Made before me this....................day of.......................................19........, at..............................................by the above-named who is personally known to me and has produced to me the ballot paper and envelope referred to in the above declaration.

Name............................................................ ..

Address..........................................................

.........................................

Authority (i.e., whether

peace commissioner,

commissioner for

oaths, notary, etc.).................................

(See Instructions on the back of this Form).

(To be printed on back of form of declaration or identity Form No. 2.).

INSTRUCTIONS TO THE VOTER.

1. Before marking the accompanying ballot paper the voter must produce—

(i) the ballot paper showing the number on the back thereof ;

(ii) this paper ; and

(iii) the envelope in which he received the ballot paper ;

to a peace commissioner, a commissioner for oaths or a notary public to whom he is personally known and must make the declaration on the other side of this paper before such commissioner or notary.

2. If the voter is not in Saorstát Éireann, he must before marking the accompany ballot paper produce the three documents mentioned above to a person (to whom he is personally known) who is authorised by the law of the place where he is to administer oaths, and the voter must then make the declaration on the other side of this paper before such person.

3. No stamp duty is payable on the declaration.

4. In order to vote, the voter must place the figure 1 in the space on the left hand side of the ballot paper opposite to the name of the candidate for whom he votes; that is to say, the candidate he likes best. He may also place the figure 2 in the space of the left-hand side of the ballot paper opposite to the name of the candidate he likes second best, and may place the figure 3 similarly opposite to the name of the candidate he likes third best, and so on. If the voter does not place the figure 1 on his ballot paper or places the figure 1 opposite to more than one name, or places the figure 1 and some other figure opposite to the same name or places any mark on the paper by which he may afterwards be identified, his ballot paper will be void and will not be counted. The ballot paper must NOT be marked with a cross. The voter should NOT allow any person to see how he has voted.

5. Immediately after voting, the voter must place the marked ballot paper in the enclosed small envelope on which are printed the words " Ballot paper envelope ", and fasten it up. He must then place the ballot paper envelope, together with this paper, in the other larger enclosed envelope addressed to the Seanad Returning Officer and despatch the same by post without delay. Unless an elector returns his ballot paper at once it may be too late to be counted.

Form No. 3.

FORM OF OUTER ENVELOPE.

Rule 4 (b). First Schedule.

Form No. 4.

FORM OF COVERING ENVELOPE.

Rule 4 (b) (iii). First Schedule.

Form No. 5.

FORM OF BALLOT PAPER ENVELOPE.

Rule 4 (b) (iv). First Schedule.

Rule 22. First Schedule.

Form No. 6.

THE SEANAD ELECTORAL ACT. 1928.

FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE BALLOT.

I solemnly undertake that I will not at this the triennial election of members to Seanad Éireann held in the year 19...... do anything forbidden by section 13 of the Seanad Electoral Act, 1928 , which I have read.

Signed in the presence of

.......................................

Seanad Returning Officer or

Peace Commissioner for the

County of

.......................................

Signed..............................

Address..............................

Dated this day of 19 

SEANAD ELECTORAL ACT, 1928 .

13.—(1) The Seanad returning officer and every officer and clerk concerned in the issue, receipt, or counting of ballot papers at a Seanad election and every candidate present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not before the completion of the election communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of the ballot paper sent to any elector.

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of his ballot paper by any elector at a Seanad election.

(3) No person shall directly or indirectly induce any elector at a Seanad election to display his ballot paper after he shallhave marked the name so as to make known to such person or to any other person the name of the candidate for whom he has marked his vote on such ballot paper.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment, with or without hard labour, for any term not exceeding six months.

Form No. 7.

Rule 23. First Schedule.

FORM OF CERTIFICATE TO BE SENT TO THE CLERKS OF THE DÁIL AND SEANAD.

THE SEANAD ELECTORAL ACT, 1928 .

I hereby certify pursuant to rule 23 of the First Schedule to the Seanad Electoral Act, 1928 , that the names of the candidates elected at the triennial election of members to Seanad Eireann held in the year 19......, the order in which they were elected, the total number of votes given for each candidate (whether elected or not), every transfer of votes under the said Act, and the total value of the number of votes credited to each candidate at the end of the count at which each such transfer took place, are as shown in the following result sheet :—

RESULT SHEET.

(Signed) ..............................

Seanad Returning Officer.

Dated this .................. day of .............................., 19.......

Form No. 8.

Rule 24. First Schedule.

FORM OF CERTIFICATE TO BE PUBLISHED IN IRIS OIFIGIUIL.

I hereby certify, pursuant to Rule 24 of the First Schedule to the Seanad Electoral Act, 1928 , that at the triennial election of members to Seanad Eireann held in the year 19........., following candidates were elected :—

(Signed) ....................................

Seanad Returning Officer.

Dated this .................. day of.............................., 19......

Form No. 9.

Rule 12. Second Schedule.

FORM OF RESULT SHEET.

SEANAD EIREANN.

Election 19......

Number of valid votes............................................................ 

Full total value of valid votes.................................................

Number of vacancies to be filled.............................................

Quota (Value sufficient to secure the election of a candidate) ............................................................ ..............................