Plebiscite (Draft Constitution) Act, 1937

Prevention of electoral abuses at the plebiscite.

8.—(1) The plebiscite shall be an election within the meaning and for the purposes of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), and the word “election” wherever it is used without qualification in that Act shall be construed as including the plebiscite and the said Act shall apply and have effect in relation to the plebiscite accordingly.

(2) In addition and without prejudice to the provisions of the next preceding sub-section of this section, every statutory provision relating to bribery, personation, or corrupt practices at elections of members of Dáil Eireann or to election petitions in respect of such elections which is in force at the passing of this Act shall apply and have effect in relation to the plebiscite, and for that purpose every reference in any such statutory provision to an election of members of Dáil Eireann shall be construed as referring to the plebiscite.

(3) For the purpose of calculating the time within which anything is required by law to be done in relation to a petition questioning the return to the plebiscite, the date on which the said return is published in the Iris Oifigiúil by the plebiscite returning officer in pursuance of this Act shall be substituted for the date on which the return to the writ for the election of members of Dáil Eireann is made by a returning officer to the Clerk of Dáil Eireann.

(4) It shall not be obligatory on a Court hearing a petition questioning the return to the plebiscite to cause a re-count to be made of the votes given or otherwise to investigate the voting or the counting of votes at the plebiscite in any constituency in respect of which the Court is satisfied that the voting in that constituency is not in issue on such petition.

(5) The agent of a candidate at the general election shall, so far as is not inconsistent with this Act, have the like privileges in relation to the plebiscite as he has in relation to the general election.

(6) Every personation agent appointed under section 22 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), for the purposes of the general election shall be deemed also to have been appointed as such personation agent for the purposes of the plebiscite and shall accordingly have, in relation to the plebiscite, the like powers and duties as he has in relation to the general election.