Referendum (Amendment) Act, 1946

Polling cards.

4.—(1) At a referendum, the local returning officer for a constituency shall, subject to subsections (7) and (8) of this section, send by post in accordance with this section to every elector whose name is on the register of Dáil electors for such constituency and is not on the postal voters' list for such constituency a card (in this section referred to as a polling card) in the prescribed form informing such elector of his number (including polling district letter) on such register and of the situation of the polling place in which such elector will be entitled to vote at such referendum.

(2) Every polling card sent under this section to an elector in any constituency shall be addressed to such elector by the name and at the address by and in respect of which he is registered in the register of Dáil electors for that constituency and shall be sent at such time that it would be delivered in the ordinary course of post at that address not later than the third day before the polling day at the referendum to which it relates.

(3) Every polling card shall be delivered by the local returning officer to the nearest Head Post Office or such other post office as may be arranged with the Head Postmaster and shall immediately be forwarded without payment of cost by the Head Postmaster or the postmaster of such other post office (as the case may be) for delivery to the person to whom it is addressed.

(4) The expenses incurred by a local returning officer in complying with this section at a referendum shall be expenses incurred by him for the purposes of such referendum within the meaning of section 12 of the Principal Act, and that section shall apply and have effect accordingly.

(5) No referendum shall be invalidated by reason of the failure of the local returning officer to send a polling card in accordance with this section to any elector or by reason of the non-delivery of a polling card to any elector or of any error or mis-statement in any polling card sent in pursuance of this section, nor shall any referendum be questioned on the ground of any such failure, non-delivery, error, or mis-statement.

(6) No action or other proceeding shall lie or be brought against a local returning officer in respect of any error or mis-statement in any polling card so sent by him.

(7) Whenever the same day is the polling day for two or more referenda, only one polling card shall be sent in respect of all the referenda.

(8) Whenever the polling day at a constitutional referendum is also the polling day at a general election of members of Dáil Éireann, a separate polling card shall not be sent in respect of the constitutional referendum in any constituency in which there is a contested election at such general election.