S.I. No. 4/1938 - Presidential Elections (Forms) Regulations, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 4.

PRESIDENTIAL ELECTIONS (FORMS) REGULATIONS, 1938.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS by Section 4 of the Presidential Elections Act, 1937 , (in these regulations referred to as "the Act") the Minister for Local Government and Public Health, hereinafter referred to as "the Minister," is empowered to make regulations prescribing any matter or thing which is referred to in the Act as prescribed or to be prescribed.

AND WHEREAS in the portion of the Act hereinafter specified certain forms are referred to as prescribed forms:

NOW THEREFORE the Minister in exercise of the power conferred on him by the said Section 4 hereby makes the following regulations prescribing the said forms:

1. These regulations may be cited as the Presidential Elections (Forms) Regulations, 1938.

2. Every form set forth in the Schedule to these regulations shall be the prescribed form for the purpose to which it is expressed to relate.

Given under the Official Seal of the Minister for Local Government and Public Health, this 11th day of April, in the year One Thousand Nine Hundred and Thirty-eight.

(Signed) SEAN T. O'CEALLAIGH,

Minister for Local Government and Public Health.

SCHEDULE.

FORM P.E. I. (RULE 22. FIRST SCHEDULE.)

BALLOT PAPER ACCOUNT.

Constituency of.........................................................

Polling District of ............................................................ .

Polling Station No............................................................ .

WHITE BALLOT PAPERS.
Total number entrusted to Presiding Officer						... ... ..................
DEDUCT.
Number of Ballot Papers unused					... ... ..................
Number of Ballot Papers spoilt					... ... ..................
					Total	... ..................
Number in Ballot Box
						__________
COLOURED BALLOT PAPERS.
Total number of Coloured Ballot Papers entrusted to Presiding Officer						... ... ... ... ... ... ..................
DEDUCT.
Number of Coloured Papers unused					... ..................
Number of Coloured Papers spoil					... ..................
					Total	... ..................
Number of Coloured Papers used						... ... ... ..................
I certify that the above Ballot Paper Account is tree and accurate.
		Signed.............. Presiding Officer.
Dated this.................day of...................................19......
FORM P.E. 2. (RULE 18, FIRST SCHEDULE.)
TENDERED VOTES LIST.
Constituency of............................................................ .....
Polling District of............................................................ ..
Polling Station No. ............................................................
Name of Person who Tendered Vote			Number of such Person on the Register





I certify that the above List is true and accurate.
	Signed ............................................................ ..............
	Presiding Officer at Polling Station No.............................
	Dated this..................day of.............................................19......
FORM P.E. 3. (RULE 13 FIRST SCHEDULE.)
FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE BALLOT.
I solemnly undertake that I will not at this Presidential Election do anything forbidden by Section 31 of the Presidential Elections Act, 1937 , which I have read.
Signed in the presence of				Signed..........................................
.........................................................				Address .......................................
Presidential Returning Officer, or Local Returning Officer, or Peace Commissioner for the County of				.......................................
				Date ..........................................
........................................................

SECTION 31 of THE PRESIDENTIAL ELECTIONS ACT, 1937 .

31.—(1) Every officer, clerk, and person employed or in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk or person, and no other person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.

(2) Every officer, clerk, and person employed or in attendance at the opening of the ballot boxes by a local returning officer and the proceedings consequent thereon or at the counting of the votes by the presidential returning officer shall maintain, and aid in maintaining, the secrecy of the voting, and shall not attempt to ascertain at such proceedings or counting the number on the back of any ballot paper, or communicate any information obtained at such proceedings or counting as to the candidate for whom any vote is given in any particular ballot paper.

(3) Every officer clerk, and person concerned in or present at the issue of ballot papers to postal voters or the receipt of ballot papers from postal voters shall maintain, and aid in maintaining, the secrecy of the voting by such voters, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any postal voter to or from whom any ballot paper has been sent or received, or as to the official mark, and no such officer, clerk, or person, and no other person whosoever shall interfere with, or attempt to interfere with, the receipt, marking, or return of his ballot paper by any postal voter, or attempt to obtain information as to the candidate for whom any such voter has voted, or communicate at any time to any person any information obtained in connection with the issue or receipt of ballot papers to or from postal voters as to the candidates for whom any such voter has voted or as to the number on the back of the ballot paper sent to any such voter.

(4) No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the name of the candidate for or against whom such voter has marked his vote.

(5) Every person who does any act (whether of commission or omission) which is a contravention of any of the provisions of this section shall be liable on summary conviction to imprisonment for a term not exceeding six months

FORM P.E. 4. (SECTION 29 (2).)
DECLARATION OF IDENTITY.
Ballot Paper No...................
I hereby 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.
Voter's Signature............................................................ ..............
The above-named, who is personally known to me, has produced the ballot paper and envelope above referred to, and has signed the above declaration in my presence.
Witness's Signature............................................................ .........
If Witness is serving in the Forces, state Number (if any), unit and corps, rank, etc. If not serving in the Forces, state address.	{	.................................................. .................................................. ..................................................

[See Instructions on the back of this Form.]

[Back of Form]:

INSTRUCTIONS TO VOTER.

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

(i) The ballot paper showing the number thereon;

(ii) This paper; and

(iii) The envelope in which he has received the ballot paper

to some person to whom the voter is known, who will witness the declaration of identity (see other side).

2. The voter must sign the declaration of identity in the presence of the witness.

3. 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 on the left-hand side of the ballot paper opposite to the name of the candidate he likes second 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.

4. 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 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.

5. If a voter receives more than one ballot paper he must remember that be can vote only once. Every person who votes more than once at an election is guilty of an illegal practice, and is liable to a fine not exceeding one hundred pounds.