Seanad Electoral (Panel Members) Act, 1947

The poll at a nomination committee (bye-election) meeting.

62.—When a nomination committee (bye-election) meeting has been adjourned for the purpose of taking a poll, the Seanad returning officer shall take the poll in accordance with the following provisions:

(a) the poll shall be taken on the day and at the time and place to which such meeting was adjourned, and shall be deemed to be a continuation of such meeting;

(b) the Seanad returning officer shall make available at the said place a suitable room for taking the poll and shall provide therein such ballot boxes, desks, and other furniture as he considers necessary and shall also provide a sufficient number of ballot papers;

(c) the Seanad returning officer and his assistants and the persons named in the electoral roll constituted for such meeting under section 60 of this Act, and no other person, may be present at the taking of the poll;

(d) at the said time to which such meeting was adjourned the Seanad returning officer shall open the poll and at the expiration of one hour from that time he shall close the poll;

(e) a person shall not be entitled to receive a ballot paper unless or until he has, either at the meeting before the adjournment thereof or at the taking of the poll, signed his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances;

(f) a person in giving his vote must place on the ballot paper the figure 1 opposite the name of the person for whom he votes, and he may in addition place on the ballot paper the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of other persons in the order of his preference;

(g) any ballot paper—

(i) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference, or

(ii) on which the figure 1 standing alone indicating a first preference is set opposite more than one name, or

(iii) on which the figure 1 standing alone indicating a first preference and some other number is set opposite a name,

shall be invalid and shall not be counted;

(h) the Seanad returning officer shall take all such steps as he considers proper or expedient for preserving the secrecy of the voting at the poll;

(i) every question which arises at or in relation to the taking of the poll shall be decided by the Seanad returning officer and his decision on any such question shall be final and unappealable;

(j) at the close of the poll, the Seanad returning officer shall ascertain, in accordance with this Act and, in particular, the rules contained in the Second Schedule to this Act, the result of the poll and shall announce such result to the candidates then present (if any);

(k) the Seanad returning officer and his assistants and the candidates (or their duly appointed representatives), and no other person, shall be entitled to be present at the ascertainment of the result of the poll.