The Minister for Local Government and Public Health in exercise of the powers conferred on him by Article 5 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by Section 39 of the Local Government Act, 1941 , and by Section 10 of the Local Government Act, 1919, and in exercise of every other power enabling him in this behalf by this his Order frames and prescribes the following rules for the conduct of local elections and as to the method of transferring and counting votes at local elections and the duties of returning officers thereat, that is to say:

1 Short title.

1. This Order may be cited as the Local Elections Order, 1942.

2 Revocation.

2. The Local Elections Order, 1928, shall be revoked.

3 Interpretation.

3.—(1) The Interpretation Act, 1937 , applies to the interpretation of this Order.

(2) The following provisions apply to the interpretation of this Order and of the adaptations and alterations made by this Order in the portions of the Electoral Act, 1923 , which are applied to local elections, that is to say:—

(a) the expression " the Minister " means the Minister for Local Government and Public Health;

the expression " local authority " means the corporation of a county or other borough, the council of a county or urban district or the commissioners of a town;

the expression " the official mark " means the official mark marked on a ballot paper in pursuance of sub-section (3) of section 26 of the Electoral Act, 1923 ;

the expression " local election " means an election of members of a local authority;

the expression " the local authority " in relation to a local election means the local authority whose members are to be elected at such election;

the expression " town " means a town as defined in the Local Government (Ireland) Act, 1898, which is not an urban district;

the expression " district of a local authority " and " area of a local authority " mean the area administered by the appropriate local authority;

the expression " secretary or clerk " means—

(i) in relation to a county council—the county secretary, and

(ii) in relation to the corporation of a county or other borough, the council of an urban district or the commissioners of a town—the town clerk;

the expression " the rules " means the rules for the conduct of local elections made by this Order.

(b) Every reference to a meeting or member of a local authority shall, where the local authority in question is the corporation of a county or other borough, be construed as a reference to a meeting or member of the council established by law in respect of such county or other borough.

(c) Every reference to a particular officer shall be construed as including a reference to any person duly appointed to act in the place of such officer during his absence or incapacity or during a vacancy in his office.

(d) A reference to a form with a specified designation consisting of the letters L.E. with a number shall be construed as a reference to the form set forth in the First Schedule to this Order to which such designation is assigned therein.

(e) A reference to the prescribed time for any proceeding shall be construed as a reference to the time for such proceeding determined in accordance with the Second Schedule to this Order.

4 Prescribed forms.

4. The forms set forth in the First Schedule, to this Order shall be the prescribed forms for the respective purposes for which they are expressed to be applicable.

5 Prescribed times.

5. The time for any proceeding mentioned in the Second Schedule to this Order shall be determined in accordance with the provisions of the said schedule.

6 The Returning Officer.

6. The secretary or clerk of a local authority shall be the returning officer for the election of members of such authority.

7 Election Offices.

7. The returning officer shall appoint the office of the local authority or some other convenient place within the district of the local authority as offices for the purpose of a local election.

8 Deputy Returning Officers.

8.—(1) The returning officer may in writing, subject to the provisions of this Article, appoint a fit and proper person to be his deputy for all or any of the purposes relating to a local election.

(2) For the purpose of taking the poll at the election of county councillors in an urban district , in a borough other than a county borough, or in a town, the returning officer shall appoint the town clerk of such urban district borough or town to be his deputy.

9 Nomination.

9.—(1) Every candidate for election in respect of a local electoral area as a member of a local authority shall be nominated in writing by means of nomination paper in the prescribed form (Form L.E.3) signed by two local government electors of such area and delivered to the returning officer by the candidate or his proposer or seconder in person, at or before the prescribed time.

(2) An elector shall not sign more nomination papers than there are members of the local authority to be elected for the local electoral area.

(3) An elector shall not sign nomination papers in more than one local electoral area.

10 Selection of nomination papers.

10. The returning officer at a local election shall number the nomination papers in the order in which they are received by him; and the first valid nomination paper received from a candidate or from his proposer or seconder for election as a member of the local authority in respect of a local electoral area shall be deemed to be the nomination of that candidate for the said election and any other nomination of that candidate for the said election which may be subsequently received shall have no operation or effect whatever.

11 Procedure at nomination.

11.—(1) If the returning officer at a local election shall decide that a nomination paper is invalid, he shall put a note on it to that effect, stating the grounds of his decision, and shall sign such note.

(2) After deciding that the nomination of any candidate is valid, or (except where some other nomination of the candidate has been decided to be valid) that a nomination paper for any candidate is invalid, the returning officer shall within the prescribed time, send, by post or otherwise, notice in writing of his decision to the candidate.

12 Withdrawal of nominations.

12. Any person nominated may withdraw from candidature by either delivering himself or causing his proposer or seconder to deliver to the returning officer at his election office during the usual office hours, and within the prescribed time a notice in writing of such withdrawal, signed by him.

13 Procedure after nominations.

13.—(1) Subject to the provisions of sub-article (3) of this Article if the number of candidates who have been duly, nominated for election for any local electoral area, and who do not withdraw their candidature, exceeds the number of members of the local authority to be elected for the area, and the returning officer shall adjourn the election for the purpose of taking a poll.

(2) Subject to the provisions of sub-article (3) of this article, if the number of candidates who have been duly nominated for any local electoral area is equal to or less than, or is, by the withdrawal of any candidate, or otherwise, reduced to a number equal to or less than the number of vacancies, the returning officer shall, as early as practicable, give public notice (Form L.E. 4A) that no poll will be taken, and that the candidates so nominated will be declared to be elected as members of the local authority.

(3) Wherever either no candidates are duly nominated at an election of the members of a local authority or the candidates duly nominated are less in number than the quorum for meetings of such local authority the returning officer shall so inform the Minister and shall give public notice (Form L.E. 4B) that such election will not be proceeded with.

14 The poll.

14.—(1) The poll at an election of members of a local authority shall be held on the ordinary day of election of such members.

(2) Subject to the provisions of sub-article (3) of this article the poll at an election shall commence at nine o'clock in the forenoon and shall be kept open until nine o'clock in the afternoon and no longer.

(3) For the purpose of enabling the several officers concerned with the taking of the poll at any particular polling station in any important public or religious ceremony the returning officer may provide either that the poll at such station shall not commence until a time later that nine o'clock in the forenoon but not later than eleven o'clock in the forenoon or that such poll shall be interrupted and such polling station closed during a specified period not longer than ninety minutes and every provision shall effect accordingly.

(4) In the notice of the poll (Form L.E.5) the returning officer shall include a reference to every (if any) provision made by him under sub-article (3) of this article.

15 Directions to voter.

15. The returning officer shall cause directions for the guidance of the voter in the voting, in the prescribed form (Form L.E. 6) to be printed in conspicuous characters and placarded outside every polling station and in every compartment of every polling station and in every compartment of every polling station.

16 Transferring and counting votes.

16. The votes at a local election shall be transferred and counted in accordance with the rules set forth in the Third Schedule to this Order.

17 Adaptation etc., of the Electoral Act, 1923 .

17. The application to local applications by section 39 of the Local Government Act, 1941 , of the provisions of the Electoral Act, 1923 , set forth in the Third Schedule to the said Local Government Act. 1941, shall be subject to the following, that is to say :—

(a) any provision which is not mentioned in the Fourth Schedule to this Order shall be excepted from the said application.

(b) Every provision which is mentioned in the said Fourth Schedule to this Order shall apply as set forth in the said schedule and with such adaptations and alterations (if any) as are necessary for that purpose.

18 Adaptation of enactments relating to election petitions.

18. The application in respect of local elections of so much as relates to election petitions of the Municipal Corporations Act, 1882, and of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall be subject to the following adaptations and alterations, that is to say :—

(a) The following words and expressions shall have the same meaning as in the Prevention of Electoral Abuses Act, 1923 , that is to say :—

bribery,

personation,

treating,

corrupt practice ;

illegal practice ;

(b) every reference in either of the said acts to a court, judge or other authority shall be construed as a reference to the corresponding court, judge or authority (as the case may be) in Ireland.

(c) Sub-section (2) of section 89 of the Municipal Corporations Act, 1882, shall be adapted and altered so as to read as follows :—

"(2) The security shall be to the amount of fifty pounds unless in any case the High Court or a judge of the High Court, on summons, order that the same shall be to a lesser amount, or to a larger amount not exceeding three hundred pounds, and shall be given in the prescribed manner, either by a deposit of money or by a recognizance entered into by not more than four sureties, or partly in one way and partly in the other."

(d) The period within which an election petition may be presented complaining of an election on the ground of an illegal practice shall be six weeks commencing on the day of election.

19 Adaptation of the Prevention of Electoral Abuses Act, 1923 .

19. The application in respect of local elections of the portions of the Prevention of Electoral Abuses Act, 1923 , set forth in the Local Government Act, 1941 , shall be subject to the following adaptations and alterations, that is to say :—

(a) For every reference to a Dáil election or a Seanad election or an election to either House of the Oireachtas there shall be substituted a reference to a local election.

(b) For every reference to the return of a person to serve in the Oireachtas there shall be substituted a reference to the election of a person to be a member of a local authority.

(c) For every reference to a person being elected to or being a member of the Oireachtas or either House of the Oireachtas there shall be substituted a reference to a person being elected to or being a member of a local authority.

(c) Section 12 shall apply to all lawful meetings held in a local electoral area in relation to a local election in such area between the last day for the issue of notice of such election and the day after the day on which such local election is held.

FIRST SCHEDULE

PRESCRIBED FORMS.

Form	L	E	1.	Undertaking to preserve the secrecy of the ballot.
Form	L		2.	Notice of Election.
Form	L	E	3.	Form of Nomination Paper.
Form	L	E	4A.	Notice that no Poll will be taken.
Form	L	E	4B.	Notice that the election will not be proceeded with owing to failure to nominate sufficient persons to form a quorum.
Form	L	E	5.	Notice of Poll.
Form	L	E	6.	Directions for the guidance of the voter in voting.
Form	L	E	7.	Front of Ballot Paper.
Form	L	E	8.	Declaration of inability to read.
Form	L	E	9.	Declaration of Result of Poll.
Form	L	E	10.	Notice of Result of Election.

FORM I. E 1.

UNDERTAKING TO PRESERVE THE SECRECY OF THE BALLOT.

Rule 32.

I solemnly Promise and Declare that I will not at this Election of Members of the local authority of ............................................................ .....................for the local electoral area of ............................................................ ............do anything forbidden by section 28 of the ELectoral Act, 1923 , which I have read.

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

Signature of Declarant.........................................................

Signature of Peace Commissioner or Returning Officer

}

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

FORM L E 2.

NOTICE OF ELECTION.

Rule 1.

Name of Local Authority ............................................................ .....................

Name of Local Electoral Area ............................................................ .............

NOTICE OF ELECTION OF MEMBERS.

The day of election of members for the above mentioned electoral area will be the.......day of........................................19.......

The returning officer will attend to receive nominations at..............................on..............................the ..........day of.................................now not ensuing , between the hours of ten o'clock in the forenoon and one o'clock in the afternoon.

Forms of nomination paper may be obtained at ........................................between the hours of ..........and..........on any day before the said day of.............

Every nomination paper must be signed by two registered electors as proposer and seconder.

A local government elector must not sign mere nomination papers than there are members to be elected for the particular electoral area, and he must not sign a nomination paper for the electoral area unless he is registered as a local government elector in respect of a qualification therein.

Every nomination paper must be delivered to the returning officer by the candidate proposed, or by his proposer or seconder either at the place above appointed between the hours of ten o'clock in the forenoon and one o'clock in the afternoon on the......... day of.................................or at any place at which the returning officer may be found at any time on any day before the said..........day of..................................

Each candidate nominated, and his proposer and seconder and one other person selected by the candidate and no other persons, are entitled to be admitted to the room.

In the event of the election being contested the poll will take place on the day of election.

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

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

Returning Officer.

NOTICE.

Take Notice, that every person having any claim against the returning officer for work, labour, material, services, or expenses in respect of any contract made with him, by or on behalf of the returning officer, for the purposes of election shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the returning officers detailed particulars of such claim in writing, and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars.

FORM L E 3.

NOMINATION PAPER

Article 9.

Name of Local Authority ............................................................ ...............

Name of Local Electoral Area ............................................................ ........

Election of Members of the above-mentioned local authority for the above-mentioned Electoral Area in the year 19.......

We, the undersigned, being respectively electors of the said Electoral Area for the year......., do hereby nominate the under-mentioned person as a candidate at the said Election.

Number on the Register, if any, and Names of Candidate		Place of Abode	Description	Qualification
Surname	Other Names in full
1.	2.	3.

Signature of Proposer............................................................ .................

Place of Abode............................................................ ...........................

Number on Register...................

Signature of Seconder............................................................ ...............

Place of Abode............................................................ ............................

Number on Register...................

Instructions for filling up Nomination Paper (These instructions form part of the Nomination Paper.)

(1) The surname of only one candidate for election, with his number on the Register, if any, must be inserted in Column 1.

(2) The other names of the candidate must be inserted in full Column 2.

(3) Insert in Column 3 the place of abode of the candidate.

(4) In Column 4 state the occupation, in any, of the candidate. If the candidate has no occupation, insert some description as " gentleman. "

(5) Insert in Column 5 the qualification of the candidate for election.

(6) (1) The paper must be signed by two local government electors of the electoral area and no more; by one as a proposer, and by the other as seconder. The places of abode of the proposer and seconder and their numbers on the Register must also be inserted. Instead of signing, the proposer or seconder may affix his mark, if it is witnessed by two local government electors.

(2) A Local Government Elector must not sign more nomination papers than there are * to be elected for the particular Electoral Area, and he must not sign a nomination paper for the Electoral Area unless he is registered as a Local Government Elector in respect of a qualification therein.

* Aldermen and Councillors, Councillors or Commissioners.

FORM L.E. 4A.

NOTICE THAT NO POLL WILL BE TAKEN

Article 13 (2).

Name of Local Authority ............................................................ ..................

Name of Local Electoral Area ............................................................ ...........

Whereas the following candidates have been duly nominated for election as members of the above-mentioned local authority for the Electoral Area [ Insert names, places of abode, and description of candidates as in Form 2 ].

And whereas the said [ insert name or names ] has [ or have] since withdrawn his [ or their] candidature [ or if some other event has occurred causing a person to cause to be a candidate state what it is ]. and......................................................candidates only remain to be elected for the said Electoral Area [ or whereas the following candidates only have been duly nominated for election as members of the said local authority for the .................................Electoral Area].

I do hereby give notice that a Poll will not be taken and that the said [ insert names ]............................................................ .................................................will be declared elected as members of the said local authority for the said Electoral Area.

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

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

Returning Officer.

FORM L E 4B

NOTICE THAT THE ELECTION WILL NOT BE PROCEEDED WITH OWING TO FAILURE TO NOMINATE SUFFICIENT PERSONS TO FORM A QUORUM.

Article 13 (3).

Name of Local Authority ............................................................ .................

I hereby give notice that at the nomination of candidates for election of members of the above local authority the candidates duly nominated are less than the quorum for meetings [ or no candidates are duly nominated] and that in accordance with the provisions of section 37 of the Local Government Act 1941 , the election will not be proceeded with.

Dated the..........day of .................................19.......

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

Returning Officer.

FORM L E 5.

NOTICE OF POLL.

Rules 8 and 17.

Article 14.

Name of Local Authority ............................................................ ...............

Name of Local Electoral Area ............................................................ ........

Election of Members of the above-mentioned local authority for the above-mentioned Electoral Area, in the..........................................

NOTICE IS HEREBY GIVEN

1. That a poll for the election of members of the above-mentioned local authority for the above-mentioned Electoral Area will be held on...............the.........day of................................19......., between the hours of nine o'clock in the forenoon, and nine o'clock in the afternoon.

2. That the names in the alphabetical order, numbers on Register, if any, places of abode, and description of the Candidates eligible for election, and the names and numbers on the Register of their respective Proposers and Seconders are as follows :—

Names of Candidates (Surname first)	Number on Register, if any	Place of Abode	Description	For Office of	Names of Proposer	Number on Register	Names of Seconder (Surname first)	Number on Register

3. That each elector must vote in the Local Electoral Area in which the property in respect of which he votes is situate, and if it is situate in more than one Electoral Area, he may vote in any one (but in one only) of such Electoral Areas.

4. The situation and allotment of the Polling Stations and the description of the persons entitled to vote thereat are as follows :—

[Insert Particulars]

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

5. The poll will be taken by ballot, according to the principle of Proportional Representation, each Elector having one transferable vote as defined in the Local Government (Ireland) Act, 1919.

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

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

Returning Officer.

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

Office for the purpose of Election.

FORM L.E.6.

DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING.

Article 15.

The voter will go into the one compartments and mark his ballot paper by placing the figure 1 opposite the name of the candidate for whom he votes He may place the figures 2, 3, and so on, in accordance with the order of his choice or preference opposite the names of other candidates(that is to say) :—

He must place the figure 1 opposite the name of the candidate for whom he votes.

He may also place the figure 2 opposite to the name of the candidate he likes second best, and place the figure 3 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 more than one name, or places the figure 1 and some other figure opposite the same name, or places any mark on the paper by which he may be identified or otherwise not authorised by the Local Elections Order, 1925, his ballot paper will be invalid and will not be counted.

After marking the ballot paper, the voter will fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then in the presence of the presiding officer put the paper into the ballot box and forthwith quit the polling station.

If the voter inadvertently spoils a ballot paper, he may return it to the presiding officer, who will, if satisfied of such inadvertence, give him another paper.

If the voter takes the ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour.

Examples of Ballot Papers validly marked.

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X	Mark Order of Preference in Spaces below	Names of Candidates
	3	DOYLE (James Doyle, of 10 High Street, Oilman.)
	4	LYNCH (Jane Ellen Lynch, of 12 Main Street, Grocer.)
	2	O'BRIEN (John O'Brien, of 22 Wellclose Place, Accountant.)
	5	O'CONOR (Charles O'Conor, of 7 Green Street, Gentleman.)
	1	THOMPSON (William Henry Thompson, of 14 Queen Street, Silversmith.)
6	WILSON (Robert Wilson, of 22 Ranelagh Square, Chemist.)

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X	Mark Order of Preference in Spaces below	Names of Candidates
		DOYLE (James Doyle, of 10 High Street, Oilman.)
	3	LYNCH (Jane Ellen Lynch, of 12 Main Street, Grocer.)
		O'BRIEN (John O'Brien, of 22 Wellclose Place, Accountant.)
	1	O'CONOR (Charles O'Conor, of 7 Green Street, Gentleman.)
		THOMPSON (William Henry Thompson, of 14 Queen Street, Silversmith.)
2	WILSON (Robert Wilson, of 22 Ranelagh Square, Chemist.)

FORM L E 7.

BALLOT PAPER.

Front of Paper.

Counterfoil No. Note.—The counterfoil is to have a number to correspond with that on the back of the ballot paper.	XX XX XX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX	Mark Order of Preference in Spaces below	Names of Candidates
		3	DOYLE (James Doyle, of 10 High Street, Oilman.)
		4	LYNCH (Jane Ellen Lynch, of 12 Main Street, Grocer.)
		2	O'BRIEN (John O'Brien, of 22 Wellclose Place, Accountant.)
		5	O'CONOR (Charles O'Conor, of 7 Green Street, Gentleman.)
		1	THOMPSON (William Henry Thompson, of 14 Queen Street, Silversmith.)
6	WILSON (Robert Wilson, of 22 Ranelagh Square, Chemist.)

Back of Paper.

This number must correspond with that on front of Counterfoil.
	No....... Election for ...................... Electoral Area
of ............................... Local Authority.

FORM L E 8.

DECLARATION OF INABILITY TO READ.

I, A.B., of............................... being numbered..............................on the Register of Local Government Electors for the Local Electoral Area of.............................................in the *..............................of................................. do hereby declare that I am unable to read.

A.B., his mark..........day of..............................19......

I, the undersigned, being the presiding officer for the.................................polling station for the Local Electoral Area of..............................., in the *..............................of.............................. do hereby certify that the above declaration, having been first read to the above-named A.B., was signed by him in my presence with his mark.

Signed, C.D.,

Presiding Officer for..............................polling station for the Electoral Area of..............................in the *........................of ............................

.........day of..............................19.......

* Borough, town, or county.

FORM L E 9.

DECLARATION OF RESULT OF POLL

Name of Local Authority ............................................................ ......

Name of Local Electoral Area ............................................................

ELECTION OF MEMBERS FOR THE ABOVE-MENTIONED ELECTORAL AREA IN THE YEAR 19......

I, the undersigned, being the Returning Officer [ or Deputy Returning Officer duly authorised in that behalf] at the poll for the election of members of the above-mentioned local authority for the said Electoral Area, held on the......... day of............................, 19......, do hereby give notice that the result of the Poll and of the transfer of votes is as follows :—

Number of valid votes

Number of members to be elected

Quota (number of votes sufficient to secure the election of a candidate)

Names of Candidates

First Count

Second Count

Third Count

Fourth Count

Fifth Count

Sixth Count

Names of Candidates Elected, and the order of their Election

Votes

Transfer of

Result

Transfer of

Result

Transfer of

Result

Transfer of

Result

Transfer of

Result

Non-transferable papers not effective

Total

And I do hereby declare the said.....................................duly elected for the said Electoral Area.

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

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

Returning Officer.

[ or Deputy Returning Officer ].

FORM L E 10.

NOTICE OF RESULT OF ELECTION.

Name of Local Authority ............................................................ ...........

Election of Members

for the above....................................................

in the year 19....

I, the undersigned, being the Returning Officer at the election of members for the said local authority, do hereby give notice that the persons whose names are entered in Column 5 of the Statement hereunder have been declared duly elected as members of the local authority for the Electoral Areas opposite to the names of which in Column 1 the names of such candidates are entered.

Electoral Area	Names of Candidates		Places of Abode	Names of Candidates elected	Order in which elected where there is a poll
Surnames	Other Names
1.	2.	3.	4.

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

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

Returning Officer.

SECOND SCHEDULE.

PRESCRIBED TIMES.

First Column (Proceedings)	Second Column (Prescribed times)
Publication of Notice of Election.
(a) County Councils	Not later than 20 clear days before the day of election.
(b) Other local authorities	Not later than 18 clear days before the day of election.
Receipt of Nomination Papers (See Note).	The last day for receiving nomination papers shall be the seventh day after the last day for the publication of the notice of election.
Withdrawal of candidates	Not later than 5 o'clock in the afternoon on the last day for receiving nomination papers.
Sending notice of decision as to validity of nomination paper.	As soon as practicable after the receipt of the nomination paper and not later than the fourth day after the last day for receiving nomination papers.
Notice of poll	Not later than seven clear days before the day of election.

Note.—If under the schedule the last day for receiving nomination papers would fall on a Sunday or a public holiday the following day shall be substituted.

THIRD SCHEDULE

METHOD OF TRANSFERRING AND COUNTING VOTES.

1. The election shall be conducted in accordance with the following Rules.

2. An elector in giving his vote—

( a ) must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes ;

( b ) may in addition place on his ballot paper the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of other candidates in the order of his preference.

3.—(1) After the ballot papers have been mixed in accordance with the Rules contained in the Fifth Schedule to the Electoral Act, 1923 , the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and he shall ascertain the full total number of all valid papers.

4. The returning officer shall then divide the full total number of all valid papers by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the "quota."

5. If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota that candidate shall be deemed to be elected.

6.—(1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon.

(2) ( a ) If the votes credited to an elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

( b ) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

( c ) In either of the cases referred to in paragraphs ( a ) and ( b ) of this subsection the returning officer shall make a separate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers.

(3) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference :

Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and for thepurposes of Rule 11 shall be described as non-transferable papers not effective and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(4) ( a ) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers.

( b ) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate.

( c ) If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractions shall be ignored.

If two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates, at the first count at which they had an unequal number of votes and the fraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

( d ) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked stamped or perforated so as to indicate the number of the count at which the transfer took place.

(5) A surplus which arises at the end of any count shall be transferred before a surplus which may arise at a subsequent count : Provided that—

( a ) the returning officer need not necessarily transfer the surplus of an elected candidate when that surplus, together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates and the number of votes credited at such count to the lowest candidate is greater than one-third of the quota ;

( b ) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference ;

( c ) if there are two or more surpluses, each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.

(6) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude.

(7) If two or more candidates have each an equal surplus arising from the same count, regard shall be had to the number of original votes obtained by each candidate, and the surplus of the candidate credited with the largest number of original votes shall be first dealt with.

Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes, and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with.

Where the numbers of votes credited to such candidates were equal at all counts, the returning officer shall determine by lot which surplus be will first deal with.

7.—(1) If at any time no candidate has a surplus (or when under the preceding Rule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes, and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with and shall for the purposes of Rule 43 in the Fifth Schedule to the Electoral Act, 1923 be described as non-transferable papers not effective.

(2) If the total of the votes of the two or more lowest candidates together with any surplus not transferred, is less than the number of votes credited to the next highest candidate and the number of votes credited to the lowest candidate is greater than one-third of the quota, the returning officer may in one operation exclude those candidates and transfer their votes in accordance with Rule 7 (1).

(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

8.—(1) Whenever any transfer is made under any of the preceding Rules each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions contained in Rule 6 before any other candidate is excluded.

9.—(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this Rule, no further transfer of votes need be made so long as the number of votes credited to each of the continuing candidates referred to in Rule 9 (2) who are not deemed to be elected is greater than one-third of the quota.

10.—(1) Any candidate or his agent may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangement of the papers in the various parcels save where such alterations may be necessary in consequence of any error discovered in the recount-The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count : Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than, once.

(2) The powers of the Court upon an election petition shall include power to direct the whole or any part of the ballot papers to be recounted, and the result of the election to be ascertained in accordance with these Rules.

(3) On any such recount, subject to such modifications as may be necessary by reason of any order of the Court, each paper shall take the same course as at the original counting of the votes.

11.—(1) If any question shall arise in relation to the exclusion of any candidate, under Rule 7 or to any transfer of votes, the decision of the returning officer whether expressed or implied by his acts, shall be final, unless an object in writing stating the grounds thereof is made to the returning officer by any candidate or his agent before the declaration of the poll, and in that event the decision of the returning officer may be reversed upon an election petition.

(2) If any decision of the returning officer is so reversed, the transfer in question and all operations subsequent thereto shall be void, and the Court may direct what transfer is to be made in place of the transfer in question, and may cause the subsequent operations to be carried out, and the result of the election to be ascertained in accordance with these Rules.

12.—(1) The order in which candidates credited with a number of votes equal to or greater than the quota shall be deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for the provisions of Rule 6 (5) ( a ). A candidate credited with votes equal to and not greater than the quota shall, for the purposes of this Rule, be regarded as having had the smallest surplus at the count upon which he obtained his quota.

(2) Where the surpluses of two or more candidates are equal and need not be transferred the surplus of the candidate credited with the greatest number of original votes shall be deemed the largest.

Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be deemed to be the largest.

Where the number of votes credited to such candidate was equal at all counts the returning officer shall determine by lot the order in which such candidates shall have been deemed to have been elected.

(3) The order in which candidates shall be deemed to have been elected under Rule 9 shall be the order of magnitude of the numbers of votes credited to them beginning with the largest, and where any such numbers are equal, the question shall be determined as between such candidates as if those numbers were surpluses.

13. In these Rules—

(1) The expression " continuing candidate " means any candidate not deemed to be elected and not excluded.

(2) The expression " first preference " means the figure " 1 " standing alone ; the expression " second preference " means the figure " 2 " standing alone in succession to the figure " 1 " and the expression " third preference " means the figure " 3 " standing alone in succession to the figures " 1 " and " 2 " set opposite the name of any candidate, and so on.

(3) The expression " next available preference " means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate the preference next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.

(4) The expression " transferable paper " means a ballot paper on which following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate.

(5) The expression " non-transferable paper " means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate.

Provided that a paper shall be deemed to have become a non-transferable paper whenever—

( a ) the names of two or more candidates (whether continuing or not) are marked with the same number and are next in order of preference; or

( b ) the name of the candidate next in order of preference (whether continuing or not) is marked

(i) by a number not following consecutively after some other number on the ballot paper ; or

(ii) by two or more numbers ; or

( c ) it is void for uncertainty.

(6) The expression " original vote " in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate.

(7) The expression " transferred vote " in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(8) The expression " surplus " means the number of votes by which the total number of the votes, original and transferred credited to any candidate, exceeds the quota.

(9) The expression " count " means—

( a ) all the operations involved in the counting of the first preferences recorded for candidates ; or

( b ) all the operations involved in the transfer of the surplus of an elected candidate ; or

( c ) all the operations involved in the transfer of the votes of an excluded candidate.

(10) The expression " deemed to be elected " means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll.

(11) The expression " determine by lot " means determine in accordance with the following direction :—The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall, in cases of exclusion be excluded in the order in which their names are drawn, and, and in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn.

FOURTH SCHEDULE.

ADAPTATION OF THE ELECTORAL ACT, 1923 .

22.—Where an elector at a local election is employed by the returning officer for any purpose in connection with such election, and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which that elector would otherwise be entitled to vote, the returning officer may authorise such elector, by a certificate given in the prescribed form, to vote at any other polling station in the same local electoral area, and that polling station shall, for the purpose of Rule 16 of the Fifth Schedule to this Act be deemed to be the polling station allotted to that elector.

26.—(1) In the case of a poll at a local election the votes shall be given by ballot, and the ballot of each voter shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates.

(2) Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face.

(3) At the time of voting the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of electors shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper and folded it up so as to conceal his vote, shall place it in a closed box in the presence of the officer presiding at the polling station (in this Act called " The Presiding Officer ") after having shown to him the official mark at the back.

(4) At a local election any ballot paper—

( a ) which does not bear the official mark ; or

( b ) on which the figure 1 standing alone indicating a first preference for some candidate is not placed ; or

( c ) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate ; or

( d ) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate ; or

( e ) on which anything except the said number on the back is written or marked by which the voter can be identified,

shall be invalid and not counted.

27.—(1) After the close of the poll the ballot boxes shall be sealed up so as to prevent the introduction of additional ballot papers, and shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candidates as may be in attendance, open the ballot boxes and ascertain the result of the poll in accordance with the provisions of this Act and the rules and regulations applicable thereto, and shall forthwith declare to be elected the candidates who are ascertained in manner aforesaid to be elected and complete and deliver to the local authority the certificate of the return of such candidates.

(2) The decision of the returning officer as to any question arising in respect of any ballot paper at the counting of the votes shall be final subject to reversal on petition questioning the election or return.

28.—(1) Every officer, clerk and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, 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 agent, and no 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 isabout 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 agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.

(3) 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 any person the name of the candidate for or against whom he has marked his vote.

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

29.—(1) No questions, inquiries or objection shall be put, made or permitted at the time of the poll as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or his deputy save only that the returning officer or his deputy may, and, if so required on behalf of any candidate, shall put to any voter at the time of his tendering his vote and not afterwards the following questions, or any or either of them, viz :—

(i) Are you the same person as the person whose name appears as A B on the Register of Electors now in force for the...........................local electoral area.

(ii) Have you already voted at this election of members of the...............(name of local authority) ..............................in the..................or any other local electoral area.

And unless the first question is answered in the affirmative and the other question is answered in the negative that person shall not vote.

(2) The returning officer or his deputy may, and, if so required on behalf of any candidate, shall administer to any voter at the time of his tendering his vote and not afterwards an oath or (in the case of any person who objects to take an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form :—

" I swear by Almighty God (or I, A B, do solemnly, sincerely and truly " declare and affirm as the case may be ) that I am the same person as the " person whose name appears as A B on the Register of Electors now in " force for the local electoral area, of...........................and that I have " not already voted at this election of members of the........................... " (name of local authority)...........................in the said or any other " local electoral area. "

(3) Save as is mentioned in this section it shall not be lawful to require any voter at any election to take any oath or affirmation either in respect of his right to vote or any other matter whatsoever.

(4) It shall not be lawful to reject any vote tendered by any person whose name shall be upon the Register of Electors in force for the time being except by reason of its appearing to the returning officer or his deputy upon putting such questions as aforesaid, or any or either of them, that the person so claiming to vote is not the same person whose name appears on such register as aforesaid, or that such person has already voted at that election, or except by reason of such person refusing to answer the said questions, or any or either of them, or to take the said oath or make the said affirmation : and no scrutiny shall hereafter be allowed by or before any returning officer with regard to any vote given or tendered at any such election.

30.—(1) The returning officer at any election may use, free of charge, for the purpose of taking the poll at such election, any room in a school receiving a grant out of moneys provided by the Oireachtas, and any room the expense of maintaining which is payable out of any local rate, and may defray any expenses incurred by the person or body of persons, corporate or incorporate, having control over the same on account of its being used for the purpose of taking the poll as aforesaid.

(2) Wherever no such room as is mentioned in the foregoing sub-section is available, the returning officer shall hire a building or room for the purpose of taking the poll.

(4) If by reason of the use of any room under sub-section 1 of this section any damage is done to such room, or to the building of which it forms part, or to the furniture, fitting or apparatus in or of such room or building, the damage shall be defrayed by the returning officer.

(5) The use of any room in an unoccupied house for the purpose of taking a poll shall not render any person liable to be rated or to pay any rate for such house.

(6) A person having charge of a school adjoining or adjacent to, or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer or a candidate of an intention to use such school or any part thereof for the purposes of this section, object to such use by sending a statement of such objection to the returning officer. Any objection made under this sub-section may, on the application of the returning officer, be over-ruled by the Minister if he thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this section by the returning officer or any candidate.

31.—Subject to the provisions of this Act, every returning officer shall provide such nomination papers, polling stations, ballot boxes, ballot papers stamping instruments, copies of the register of electors, and other things, appoint and pay such officers, and do such other acts and things as may be necessary for effectually conducting the election in manner provided by law.

32. If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately by order of the presiding officer be removed from the polling station by any member of the Gárda Síochána in or near that station, or any other person authorised in writing by the returning officer to remove him ; and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station during the day.

Any person so removed as aforesaid, if charged with the commission in such station of any offence, may be kept in custody until he can be brought before a district justice

33.—(1) If and whenever any nomination of candidates or any poll shall be interrupted or obstructed by any riot or open violence the returning officer or any deputy returning officer shall adjourn the nomination or poll as the case may be until the following day, and if necessary shall further adjourn such nomination or poll until such interruption or obstruction shall have ceased when the returning officer or his deputy shall again proceed with the nomination or the poll as the case may be.

(2) Whenever any nomination shall be adjourned under this section the day on which such nomination shall be completed after such adjournment shall be deemed to be the day appointed by law for such nomination, and the day of election shall be postponed for a period equal to the period of such adjournment.

(3) In the event of such interruption or obstruction of a poll as aforesaid only the polling at such polling places as are actually affected by such interruption or obstruction shall be adjourned under this section and the polling at all other polling places shall be continued without adjournment.

(4) Whenever a poll shall have been adjourned under this section by any deputy returning officer such deputy shall forthwith give notice of such adjournment to the returning officer, and whenever a poll shall have been adjourned under this section the returning officer shall not finally declare the result of the election until such adjourned poll shall have been completed and the votes cast thereat shall have been counted.

(5) In every case in which the day to which an adjournment or postponement would be made under this section shall happen to be a Sunday, Good Friday, Christmas Day or Bank Holiday, or a day declared to be a public holiday by Statute or proclamation, that day or days shall be passed over and the following day shall be the day to which the adjournment shall be made.

(6) This section shall apply to any interruption or obstruction caused by persons being prevented by riot or open violence from proceeding to the place for receiving nominations, or to any polling place, as the case may be, as well as to any interruption or obstruction caused in any other manner by riot or open violence.

34.—(1) If at any election any ballot box or boxes or any ballot paper or papers is or are taken out of the custody of the returning officer, or of any deputy returning officer, or is or are in any way tampered with, or is or are either accidentally or intentionally destroyed, or (in the case of a ballot paper or papers) maliciously torn or defaced, the election to which such ballot box or boxes or ballot paper or papers relate shall be void, but only in respect of the polling at the polling place or places at which such ballot box or boxes or such ballot paper or papers was or were used and no further or otherwise.

(2) Whenever the polling at any polling place or places shall become void under the foregoing sub-section the returning officer shall as soon as practicable after the act or event causing such voidance shall have come to his knowledge appoint a day (not being later than seven days after the day of the original polling) for the taking of a fresh poll in such or every such polling place, and shall not count the votes cast at such election until such fresh poll shall have been completed.

(3) In every such case as aforesaid the returning officer shall take a fresh poll in such or every such polling place as aforesaid on the day so appointed by him and all the provisions of this Act shall apply to every such fresh poll as they apply to the original poll.

35. The returning officer shall appoint a presiding officer to preside at each polling station, and for the purpose of the adjournment of the poll, and of every other enactment relating to the poll, a presiding officer shall have the powers belonging to a deputy returning officer ; and any presiding officer and any clerk appointed by the returning officer to attend at a polling station shall have the power of asking the questions and administering the oaths authorised by this Act to be asked of or administered to voters, and may take and receive any declaration authorised by this Act to be taken before the returning officer or any magistrate.

36. No returning officer at any election, nor his deputy, nor any partner or clerk of either of them, shall act as agent for any candidate at that election in the management or conduct of his election ; and if any returning officer, his deputy, the partner or clerk of either of them, shall so act he shall be guilty of a misdemeanour.

37. At any election in any local electoral area a person shall not be entitled to vote unless his name is on the register of electors for the time being in force for such local electoral area, and every person whose name is on such register shall be entitled to demand and receive a ballot paper and to vote : Provided that nothing in this section shall entitle any person to vote who is prohibited from voting by any statute or relieve such person from any penalties to which he may be liable for voting.

38. No person who has voted at an election shall in any legal proceeding to question the election or return be required to state for whom he has voted.

39. No election shall be declared invalid by reason of a non-compliance with the rules applicable thereto, or any mistake in the use of the forms in the First Schedule to this Order, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down by law, and that such non-compliance or mistake did not affect the result of the election.

62. (2) If any difficulty shall arise in the holding of any election and the Minister is of opinion that such difficulty is an emergency requiring to be removed immediately, the Minister may by Order do any matter or thing which appears to him to be necessary to be done immediately to enable the election in respect of which such difficulty has arisen to be properly held.

63.—(1) Where any returning officer, clerk, or other person having duties in connection with the conduct of any election refuses, neglects, or fails without reasonable cause to perform his duties in that behalf, a person aggrieved by such refusal, neglect, or failure shall be entitled to recover by action at law from such person such sum not exceeding one hundred pounds by way of damages as the Court by which such action shall be tried shall consider just.

(2) Every returning officer, presiding officer, clerk or other person having duties in connection with the conduct of any election, who is guilty of any wilful or grossly negligent misfeasance or any wilful or grossly negligent act or omission in contravention of this Act shall, in addition to any other liability to which he may be subject, be liable on prosecution by the Minister in a Court of Summary Jurisdiction to forfeit to the State such penal sum not exceeding £100, as the Court before whom such prosecution shall come shall consider just.

FIFTH SCHEDULE.

PART I.

RULES FOR THE CONDUCT OF ELECTIONS.

1. The Returning Officer shall, at the prescribed time, give public notice (Form L. E. 2) between the hours of nine in the forenoon and four in the afternoon of the last day on which he will receive nominations and of the day on which (if the election is contested) the poll will be taken and of the days, hours and place on, between, and at which forms of nomination papers may be obtained, and of the period during which and the place at which he will attend to receive nomination papers on the day appointed as the last day for receiving nominations.

2. The period during which the returning officer shall attend to receive nominations on the last day for receiving nominations shall be from ten o'clock in the forenoon to one o'clock in the afternoon (which period is in these Rules referred to as " nomination time.") The returning officer shall attend during nomination time and during one hour immediately thereafter at the place appointed by him for receiving nominations. Every nomination paper delivered to the returning officer before the commencement of nomination time shall be so delivered to the returning officer in person at any place at which he may be found, and shall be retained by the returning officer and produced by him at the commencement of nomination time, and shall for the purposes of these Rules and all other purposes be deemed to have been delivered to him at the beginning of nomination time.

3. No objection to a nomination paper on the ground of any description of the candidate therein not being sufficient or not being in compliance with the rules shall be allowed or deemed valid unless such objection is made by the returning officer himself or to the returning officer by some other person during nomination time.

4. The returning officer shall attend for the purpose of supplying forms of nomination papers at such place and during such two consecutive hours between the hours of ten in the forenoon and two in the afternoon as he shall fix in manner aforesaid on each day intervening between the publication of the notice of election and the day appointed as the last day for receiving nominations and shall supply one or more forms of nomination paper to any registered elector who shall apply for same either during the time and at the place aforesaid or during the nomination time but nothing in this Order shall render obligatory the use of a nomination paper supplied by the returning officer so long as the nomination paper used be in the prescribed form.

5. All nomination papers not delivered to the returning officer before nomination time shall be delivered to the returning officer, during nomination time and at the place appointed for that purpose by the returning officer under Rule 1 hereof.

6. The candidate nominated by each nomination paper and his proposer and seconder, and one other person selected by him, and no other person whatsoever except persons employed by the returning officer for the purpose of assisting him shall be entilled to attend the proceedings during the nomination time.

7. If the election is contested the returning officer shall, as soon as practicable after adjourning the election, give public notice (Form L. E. 5) of the day on which the poll will be taken and of the names and other particulars of the candidates as described in their respective nomination papers, and of the names of the persons who subscribe the nomination paper of each candidate and of the order in which the names of the candidate will be printed in the ballot paper.

8. If any duly nominated candidate is duly withdrawn in accordance with the provisions of the rules, the returning officer shall give public notice of the name of such candidate, and the names of the persons who subscribed the nomination paper of such candidate at the same time and in the same manner as he gives notice of the candidates who stood nominated or were elected.

9. The returning officer shall, on any nomination paper being delivered to him, forthwith publish notice of the name of the person nominated therein as a candidate, and of the names of his proposer and seconder, by placarding or causing to be placarded the names of such candidate and his proposer and seconder in a conspicuous position outside the building in which the returning officer is receiving nominations.

10. A person shall not be entitled to have his name inserted in any ballot paper as a candidate unless he has been nominated in manner provided by the rules, and every person whose nomination paper has been, or is by the rules deemed to have been, delivered to the returning officer during nomination time shall be deemed to have been nominated in manner provided by this Act, unless objection be made to his nomination paper by the returning officer or some other person before the expiration of nomination time or within one hour afterwards.

11. The returning officer shall decide on the validity of every objection made to a nomination paper, and his decision, if disallowing the objection, shall be final ; and if allowing the same, shall be subject to reversal on petition questioning the election or return.

12. At every polling place the returning officer shall provide a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those electors in such manner as he thinks most convenient.

13. Each polling station shall be furnished with such number of compartments, in which the voters can mark their votes screened from observation as the returning officer thinks necessary, but at least one compartment shall be provided for every one hundred and fifty electors entitled to vote at such polling station.

14. A separate room or separate booth may contain a separate polling station or several polling stations may be constructed in the same room or booth.

15. No person shall be admitted to vote at any polling station, except the one allotted to him.

16. The returning officer shall give public notice (Form L. E. 5) of the situation of polling stations, and the description of electors entitled to vote at each station.

17. The returning officer shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of electors or such part thereof as contains the names of the electors allotted to vote at such station. He shall keep the official mark secret.

18. The returning officer shall appoint a presiding officer to preside at each polling station, and the officer so appointed shall keep order at his station, shall 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, and the members of the Garda Siochana on duty.

19. Every ballot paper shall contain a list of the candidates described as in their respective nomination papers and arranged alphabetically in the order of their surnames, and (if there are two or more candidates with the same surname) of their other names ; it shall be in the prescribed form (Form L E 7), or as near thereto as circumstances admit, and shall be capable of being folded up.

20. Every ballot box shall be so constructed that, without the box being unlocked, the ballot papers can be introduced therein, but cannot be withdrawn therefrom. The presiding officer at each polling station, immediately before the commencement of the poll, shall show the ballot box empty to such persons if any, as may then be present in such station, so that they may see that it is empty, and shall then lock it up, and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

21. Immediately before a ballot paper is delivered to an elector it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and description of the elector as stated in the copy of the register of electors shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.

22. The elector, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box ; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box

23. If any elector satisfies the presiding officer that

( a ) his sight is so impaired ; or

( b ) he is otherwise so physically incapacitated ; or

( c ) he is so illiterate, that he is unable to vote without assistance ; or if any elector declares that he is of the Jewish persuasion and objects on religious grounds to vote in manner prescribed by this Act,

the presiding officer shall in the presence of the agents of the candidates, cause the vote of such elector to be marked on a ballot paper in manner directed by such elector and shall place the ballot paper so marked in the ballot box. A request made by any elector within four hours before the hour fixed for closing the poll to have his ballot paper marked for him under this Rule may be refused by the presiding officer, if in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.

In carrying out the provisions of this rule the presiding officer shall observe the directions contained in Part II of this Schedule.

24. If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector the applicant shall, upon duly answering the questions and taking the oath or affirmation permitted by law to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other elector, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet and shall not be counted by the returning officer, and the name of such elector and his number on the register shall be entered on the tendered votes list in the prescribed form.

25. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled.

26. The presiding officer at each polling station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, make up into separate packets sealed with his own seal and seals of such agents of the candidates, as desire to affix their seals—

(1) Each ballot box in use at his station, unopened, but with the key attached ; and

(2) The unused and spoilt ballot papers, placed together ; and

(3) The tendered ballot papers ; and

(4) The marked copies of the register of electors, and the counterfoils of the ballot papers ; and

(5) The tendered votes list, and shall deliver all such packets to the returning officer.

27. The packets shall be accompanied by a statement in the prescribed form made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of ( a ) ballot papers in the ballot box ; ( b ) unused ballot papers ; ( c ) spoilt ballot papers, and ( d ) tendered ballot papers which statement is in this Act referred to as the ballot paper account.

28. The candidates may respectively appoint agents to attend the counting of the votes.

29. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates, as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he will begin to count the same.

30. The returning officer, his assistant and clerks, and the agents of the candidates, and no other person, except with the sanction of the Returning Officer, may be present at the counting of the votes.

31. Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates open each ballot box and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.

32. The returning officer shall, so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the agents of the candidates as desire to affix their seals.

33.—(1) the returning officer or if the votes are counted by a deputy returning officer, the deputy returning officer shall endorse " rejected " on any ballot paper which he may reject as invalid, and shall add to the endorsement " rejection objected to," if an objection be in fact made by any agent to his decision. The returning officer shall prepare a statement showing the number of ballot papers rejected and not counted by him under the several heads following, that is to say :—

(1) Want of official mark :

(2) Invalid under paragraphs ( b ), ( c ) or ( d ) of sub-section (4) of section 26 of the Electoral Act, 1923 ;

(3) Writing or mark by which voter could be identified ;

(4) Unmarked or void for uncertainty.

and shall on request allow an agent of any candidate to copy such statement.

(2) Any statement made by a deputy returning officer in pursuance of the foregoing paragraph shall be transmitted to the returning officer as soon as possible after a reasonable opportunity has been afforded to the agents of the candidates to copy the same.

34.—(1) Upon the completion of the counting, the returning officer, or, if the votes have been counted by a deputy returning officer, the deputy returning officer shall seal up in separate packets the counted ballot papers and the rejected ballot papers. He shall not open the sealed packets containing the tendered ballot papers and the marked copy of the register of electors and counterfoils respectively, but shall proceed, in the presence of the agents of the candidates, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. The returning officer shall prepare a statement showing the result of such verification, and shall, on request, allow the agent of any candidate to copy it.

35. and 36. The returning officer shall retain in his custody for one year all the packets of ballot papers in his possession, together with the said reports the ballot paper accounts, tendered votes lists, and packets of counterfoils, and marked copies of registers sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the constituency for which such election was held, and shall then, unless otherwise directed by an Order of the High Court cause them to be destroyed.

37. No person shall be allowed to inspect any rejected ballot papers in the custody of the returning officer, except under an Order of the High Court, to be granted by such court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such Order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the court making the same may think expedient, and shall be obeyed by the returning officer. Any power given to a court by this rule may be exercised by any judge of such court at chambers.

38. No person shall, except by Order of a tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been sealed up, or be allowed to inspect any counted ballot papers in the custody of the returning officer ; any such Order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the tribunal making the order may think expedient : Provided that on making and carrying into effect any such Order care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid.

39. All documents in the custody of the returning officer, other than ballot papers and counterfoils, shall be open to public inspection at all reasonabletimes. The returning officer shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees and subject to such regulations as may be prescribed by the local authority.

40. Where an order is made for the production by the returning officer of any document in his possession relating to any specified election, the production by the returning officer or his agent of the document ordered, in such manner as may be directed by such order, or by a rule of the Court having power to make such order, shall be conclusive evidence that such document relates to the specified election ; and any endorsement appearing on any packet of ballot papers produced by the returning officer or his agent shall be conclusive evidence of such papers being what they are stated to be on such endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima-facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of electors at such election the same number as the number written on such counterfoil.

GENERAL PROVISIONS.

41. The return of a person or persons elected to be a member or members of a local authority shall be made by a certificate of the names of such person or persons under the hand of the returning officer to be given by the returning officer at the completion of the counting or where there is no poll on the day of election. The returning officer shall deliver such certificate to the local authority.

42. The returning officer shall, as soon as possible give public notice in the prescribed form of the names of the candidates elected, and also in the case of a contested election, of the total number of votes given for each candidate whether elected or not. The returning officer shall also give public notice of any transfer of votes made under this Act, and of the total number of votes credited to each candidate at the end of the count at which such transfer took place in the prescribed form.

43. Where the returning officer is required or authorised by this Act to give any public notice, he shall carry such requirement into effect by advertisements, placards, handbills, or such other means as he thinks best calculated to afford information to the electors.

44. The returning officer may, if he thinks fit, preside at any polling station and the provisions of this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or by the presiding officer to the returning officer.

45. In the case of a contested election the returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes.

46. No person shall be employed by a returning officer for any purpose relating to an election who has been employed by any other person in or about that election.

47. The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorised to do by this Act at a polling station except ordering the arrest, exclusion, or rejection from the polling station of any person.

48. A candidate may himself undertake the duties which any agent of his, if appointed, might have undertaken, or may assist his agent in the performanceof such duties, and may be present at any place, at which his agent may, in pursuance of this Act, attend.

49. The name and address of every agent of a candidate appointed to attend the counting of the votes shall be transmitted to the returning officer one clear day at the least before the opening of the poll ; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been transmitted, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address.

50. If any person appointed an agent by a candidate for the purpose of attending at a polling station, or at the counting of the votes, dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed.

51. Every returning officer, and every officer, clerk, or agent authorised to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll sign an undertaking to preserve the secrecy of the ballot in the prescribed form (Form L E 1), and no returning officer, clerk, or agent as aforesaid, shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election.

52. Where in this Act expressions are used requiring or authorising or inferring that any act or thing is to be done in the presence of the agents of the candidates such expressions shall be deemed to refer to the presence of such agents of the candidates as may be authorised to attend and as may in fact attend at the time and place where such act or thing is being done and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done.

PART II.

DIRECTIONS TO PRESIDING OFFICERS IN REGARD TO MARKING BALLOT PAPERS PURSUANT TO RULE 24 OF PART I OF THIS SCHEDULE.

1. In an election held according to the principle of proportional representation the Presiding Officer shall ask the voter—" For which candidates do you desire to express a preference, and in what order ? " and shall mark the ballot paper accordingly : Provided that where an elector fails to understand the import of such question, or does not give definite directions as to the marking of the ballot paper, the Presiding Officer—

( a ) shall read out the names of all the candidates in the order in which they appear on the ballot paper, and then ask the voter—" To which of the candidates do you wish to give your voice ? "

And shall accordingly place the figure 1 on the ballot paper opposite the name of the candidate to whom the voter gives his vote ;

( b ) shall then ask the voter—" Do you wish to express a second preference ? " and if the answer is in the affirmative, shall read out the names of all the remaining candidates in the order in which they appear on the ballot paper, and then ask the voter—" For which of these candidates do you wish to express a second preference ? "

And shall accordingly place the figure 2 on the ballot paper opposite the name of the candidate for whom the voter expresses a second preference ;

( c ) shall repeat the operation if and so often as may be required in reference to a third or any subsequent preference as long as the voter wishes to express any such preference.

2. The Presiding Officer shall not accept, consider or act upon any paper or document purporting to show the manner, in which the voter desires to give his vote, or express a preference, and shall not mark the ballot paper of the voter otherwise than after compliance, and in accordance with the provisions of the preceding article hereof.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Fifteenth day of July, One Thousand Nine Hundred and Forty-two.

(Signed) SEÁN MAC ENTEE,

Minister for Local Government and Public Health.