S.I. No. 106/1948 - Harbour Authority (Elections) Regulations, 1948.


S.I. No. 106 of 1948.

HARBOUR AUTHORITY (ELECTIONS) REGULATIONS, 1948.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Harbours Act, 1946 (No. 9 of 1946), hereby make the following regulations :

1 Short title.

1. These regulations may be cited as the Harbour Authority (Elections) Regulations, 1948.

2 Definitions.

2. In these regulations—

the expression " the election " means the election in a particular election year of elected members of the appropriate harbour authority ;

the expression " Part I harbour authority " means a harbour authority mentioned in Part I of the First Schedule to the Harbours Act, 1946 (No. 9 of 1946) ;

the expression " Part II harbour authority " means a harbour authority mentioned in Part II of the First Schedule to the Harbours Act, 1946 .

3 The returning officer.

3.—(1) The returning officer for the election shall be-

(a) in relation to a Part I harbour authority—the General Manager or, if there is a deputy General Manager, the deputy General Manager of the authority.

(b) in relation to a Part II harbour authority—the secretary of the authority.

(2) If no person mentioned in paragraph (1) of this Article is available to act as returning officer for the election, the harbour authority shall, with the approval of the Minister appoint a person to act as returning officer.

4 Sundays and public holidays.

4. Whenever a day on which anything is required by these regulations to be done falls on a Sunday or public holiday, such thing shall be done on the next preceding day which is neither a Sunday nor a public holiday.

5 Submission to Minister of list of qualified electors.

5. The returning officer shall prepare and submit to the Minister, before the 1st day of April in the election year, a list of the qualified electors for election, in form No. 1 in the Schedule hereto.

6 Date of election.

6. The returning officer shall, unless the Minister by order directs that the election shall not be held, appoint a day between the 7th day of July and the 31st day of August in the election year to be the date of the election.

7 Notice of election.

7. The returning officer shall, at least six weeks before the date of the election—

(a) cause to be published in at least one newspaper circulating in the area of the harbour authority, notice of the date of the election, and that a copy of the list of the qualified electors for the election may be inspected at the principal office of the harbour authority,

(b) affix a copy of the notice and a copy of the list of the qualified electors for the election in a public place at the principal office of the harbour authority.

8 Correction of list of qualified electors.

8. A person claiming to be a qualified elector, whose name is not entered on the list of qualified electors, may apply in writing to the returning officer not later than seven days after the date of publication of the notice under Article 7 of these regulations to enter his name on the said list.

9 Final list of qualified electors.

9. The returning officer shall, at least thirty days before the date of the election, prepare a final list of qualified electors in form No. 1 in the Schedule hereto.

10 Notice to qualified electors.

10. The returning officer shall, at least thirty days before the date of the election, send by registered post to each person whose name is entered on the final list of qualified electors—

(a) notice (in form No. 2 in the Schedule hereto) of the election,

(b) a copy of the said list, and

(c) a number of nomination papers (in form No. 3 in the Schedule hereto) equal to the number of persons to be elected at the election.

11 Nominations.

11. The following provisions shall have effect in relation to nominations for the election :

(a) each candidate shall be nominated in form No. 3 in the Schedule hereto, which shall contain a description of the candidate sufficient to identify him, the particulars indicated in the form and a statement, signed by the candidate, consenting to his nomination ;

(b) each qualified elector shall be entitled to nominate a number of candidates not exceeding the number of persons to be elected ;

(c) a qualified elector shall not be entitled to nominate himself ;

(d) a form of nomination of a candidate by a group of individuals shall be signed in the name of the group by a person having authority to sign in that name ;

(e) a form of nomination of a candidate by a corporate body shall be authenticated by affixing to the form the seal of that body in the manner required by the rules of that body ;

(f) the latest date for receiving nominations shall be the fifteenth day before the date of the election ;

(g) nomination papers shall be sent to the returning officer by registered post ;

(h) no objection to a nomination paper on the ground of any description of the candidate therein not being sufficient or not being in accordance with these regulations shall be valid unless it is made by the returning officer himself before the latest date for receiving nominations or within three days afterwards ;

(i) every person whose nomination has been received by the returning officer not later than the latest date for receiving nominations shall be deemed to have been duly nominated unless before the latest date for receiving nominations or within three days afterwards objection has been made to the nomination by the returning officer or in writing by a candidate and the returning officer has allowed the objection ;

(j) the returning officer shall attend at the principal office of the harbour authority on the day after the latest date for receiving nominations between the hours of two o'clock and four o'clock in the afternoon for the purpose of making known to the qualified electors and candidates the nominations which have been received ;

(k) a candidate may withdraw his nomination by notice in writing signed by him and given to the returning officer not later than three days after the latest date for receiving nominations.

12 Death of candidate before issue of ballot papers.

12. If the returning officer, before the day for the issue of ballot papers, receives notice that a candidate has died, the candidate shall be deemed not to have been nominated.

13 Uncontested election.

13. If the number of candidates duly nominated for the election does not exceed the number of persons to be elected, the returning officer shall, on the date of the election, declare those candidates elected.

14 Taking of poll at contested election.

14. If the number of candidates duly nominated for the election exceeds the number of persons to be elected, a poll shall be taken.

15 Ballot papers.

15. Where a poll is required to be taken at the election the returning officer shall provide a sufficient number of ballot papers (in form No. 4 in the Schedule hereto) each of which shall—

(a) contain a list of the candidates who have been duly nominated, described by their names, addresses and descriptions as stated in their nomination papers and arranged alphabetically in order of surnames and, in case of identity of surnames, of other names,

(b) have set out in large characters the surnames, and in case of identity of surnames, the other names and so much, if any, of the addresses or description of candidates as is, in the opinion of the returning officer, necessary to distinguish effectively the candidates,

(c) have a distinctive number on the back thereof,

(d) have attached a counterfoil with the said number on the face thereof, and

(e) be marked, at the time of issue, with an embossed official mark visible on both sides of the paper.

16 Issue of ballot papers and declarations of identity.

16.—(1) Ballot papers for the election together with declarations of identity (in form No. 5 in the Schedule hereto) shall be issued by the returning officer to every qualified elector whose name appears on the final list of qualified electors on a date seven days before the date of the election.

(2) Every candidate shall be entitled to be present at the issue of ballot papers and the returning officer shall, at the request of a candidate, inform him of the time and place of issue.

(3) No person shall be present at the issue of ballot papers other than the returning officer, his assistants, the candidates and existing members of the harbour authority.

(4) Ballot papers shall be issued as follows :

(a) the number, name and description of the elector shall be called out ;

(b) the elector's said number shall be marked on the counterfoil of the ballot paper ;

(c) a mark shall be placed on the electoral roll opposite the elector's number thereon to denote that a ballot paper has been issued to such elector, but without disclosing the identity of such ballot paper ;

(d) the official mark shall be embossed on the said ballot paper ;

(e) the number on the back of the said ballot paper shall be marked upon a form of declaration of identity and upon a ballot paper envelope ;

(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in form No. 6 in the Schedule hereto addressed to the elector at his address as stated in the final list of qualified electors, the following documents—

(i) the said ballot paper,

(ii) the said form of identity,

(iii) an envelope (hereinafter referred to as the covering envelope) in form No. 7 in the Schedule hereto addressed to the returning officer, and stamped with an impressed or adhesive stamp,

(iv) a small envelope (hereinafter referred to as the ballot paper envelope) in form No. 8 in the Schedule hereto marked with the number on the back of the said ballot paper,

(g) the outer envelope shall be effectively closed.

(5) When the provisions of paragraph (4) of this Article have been complied with in respect of every elector, all the closed outer envelopes shall be collected, counted and posted.

(6) The returning officer, as soon as practicable after the completion of the issue of the ballot papers, and in the presence of the candidates in attendance (if any) shall make up in separate packets, sealed with his own seal, and sealed by such of the candidates as desire to affix their seals, the marked copy of the final list of qualified electors and the counterfoils of the ballot papers.

17 Duplicate of ballot paper where original spoiled.

17. If an elector inadvertently spoils his ballot paper, the returning officer, on being satisfied as to such inadvertence may, having duly received from the elector the declaration of identity, the outer envelope and the ballot papers so spoiled, issue a further ballot paper and declaration of identity to such elector. The returning officer shall mark on the counterfoil of such further ballot paper the number on the back of the ballot paper so spoiled, and shall add thereto the word " duplicate."

18 Ballot paper not delivered to elector.

18. If any elector informs the returning officer that two days have elapsed since a ballot paper should have been delivered to him, and that a ballot paper has not been so delivered, the returning officer may issue a further ballot paper and declaration of identity which, by being of a different colour can readily be distinguished from the ballot papers already issued. The name and address of such elector shall be written on the counterfoil of such further ballot paper so issued. Such further declaration of identity and ballot paper are herein referred to as a special declaration of identity and special ballot paper.

19 Voting.

19.—(1) An elector in giving his vote must place on the ballot paper the mark X opposite the name of every candidate for whom he votes. An elector may not vote for more candidates than there are vacancies to be filled.

(2) Every declaration of identity shall be signed by the voter and (except where the voter is a corporate body) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and occupation.

(3) The following provisions shall have effect in relation to the signing of declarations of identity of voters—

(a) where the voter is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word " partner " ;

(b) where the voter is an unincorporated body the declaration shall be signed in the name of such body by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of such body ;

(c) where the voter is a corporate body the declaration shall be signed by affixing thereto the seal of such body in the manner and with the counter-signatures required by the rules of such body ;

(d) a declaration of identity purporting to be signed in accordance with this paragraph shall, until the contrary is proved, be deemed to be signed in accordance with these regulations.

20 Notice of time and place for opening of ballot boxes and counting of votes.

20. Not less than three days before the date of the election, the returning officer shall send, by post, to every candidate at his address as stated in his nomination paper notice in writing of the time and place at which he will open the ballot box and count the votes.

21 Delivery of ballot papers to returning officer.

21. Ballot papers for the election shall be sent by post to the returning officer at the principal office of the harbour authority so as to reach him not later than the first post on the date of the election.

22 Receipt of ballot papers.

22. The returning officer shall place unopened in a ballot box provided by him for the purpose every covering envelope received by him not later than the first post on the date of the election as and when it is received by him, and any other envelopes so received by him containing ballot papers which may have been inadvertently opened by reason of such ballot papers not having been returned in the envelope provided for the purpose, and shall seal up unopened in a separate package all covering envelopes received by him after the said post, and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

23 Death of candidate before day of poll.

23. If the returning officer before the counting of the votes receives notice of the death of a candidate, votes cast for such candidate shall not be counted.

24 Counting of votes and declaration of result of election.

24. The following provisions shall have effect in relation to the scrutiny and counting of votes cast at the election—

(a) the scrutiny and counting of votes shall commence on the date of the election at a time to be appointed by the returning officer and shall be held at the principal office of the harbour authority ;

(b) the following persons and no other may be present at the scrutiny and counting of votes, that is to say, the returning officer, his assistants, the candidates and existing members of the harbour authority ;

(c) when the ballot box has been opened, the returning officer shall do the following things—

(i) take all the covering envelopes out of the ballot box and count and note the number thereof ;

(ii) open each covering envelope and segregate any of those envelopes containing a special declaration of identity, and then take up each of the said covering envelopes not so segregated and examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope ;

(iii) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles ;

(iv) if he is not satisfied that the declaration of identity has been duly completed and made, he shall endorse the declaration of identity " vote rejected," and attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper ;

(v) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it he shall open the envelope, and (I) if the number on the ballot paper agrees with the number on the declaration of identity he shall place the ballot paper in the special receptacle provided by him for ballot papers, and the declaration of identity in the special receptacle provided for such declarations of identity, or (II) if the number on any ballot paper does not agree with the number on the declaration of identity, he shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper (as the case may be) to the declaration of identity, and endorse the declaration of identity " vote rejected " ;

(vi) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper envelope in accordance with the foregoing provisions of this paragraph ;

(vii) he shall mark with the word " rejected " every declaration of identity which is not accompanied by any ballot paper, and every ballot paper which is not accompanied by a declaration of identity ;

(viii) when all the said covering envelopes not so segregated have been dealt with under the foregoing provisions of this paragraph, he shall take out separately each of the said covering envelopes segregated as containing a special declaration of identity and examine the declaration of identity therein and ascertain whether a declaration of identity in respect of the same elector has, or has not, been previously examined under this paragraph ;

(ix) if a declaration of identity in respect of the same elector has previously been examined under this paragraph he shall mark the special declaration of identity " vote rejected " and shall attach thereto the ballot paper envelope without opening the same, or, if there is no such envelope, the ballot paper ;

(x) if a declaration of identity in respect of the same elector has not been previously examined under this paragraph, he shall deal with the special declaration and the ballot paper envelope and the special ballot paper in accordance with the foregoing provisions of this paragraph other than the last two preceding clauses thereof ;

(d) where a ballot paper and a declaration of identity are received together and the numbers thereon agree, such ballot paper shall not be rejected solely on the ground that such ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened ;

(e) the returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates present, and if any objection is made by any such candidate to his decision, he shall add to the endorsement the words " rejection objected to " ;

(f) the returning officer shall keep all rejected declarations of identity with the attached envelopes or ballot papers, as the case may be, separate from other documents ;

(g) when all the covering envelopes in the ballot box have been opened and their contents dealt with under the preceding paragraph, the returning officer shall open each unopened ballot paper envelope and compare the number on theenvelope with the number on the ballot paper therein, and if the number on the ballot paper agrees with the number on the envelope he shall place the ballot paper in the special receptacle provided by him for ballot papers, but if the number on the ballot paper does not agree with the number on the envelope he shall mark the ballot paper " rejected " and shall attach it to the envelope;

(h) as soon as the returning officer has completed the placing of the ballot papers in the said special receptacle, he shall seal up in separate packets, (i) the declarations of identity which accompany any ballot papers duly accepted, (ii) any rejected declarations of identity, and (iii) any rejected ballot papers, in the two latter cases with the envelopes (if any) attached thereto ;

(i) when the returning officer has complied with the foregoing provisions he shall mix together thoroughly the ballot papers contained in the said special receptacle, and shall then take the said ballot papers out of the said special receptacle, count and note the number thereof and then count, in accordance with these regulations the votes recorded on the said ballot papers ;

(j) the returning officer shall endorse " rejected " on any ballot paper which he rejects as invalid, and if an objection be made by any candidate to his decision rejecting the ballot paper, he shall add to the said endorsement " rejection objected to " ;

(k) the returning officer shall credit every candidate against whose name the mark X is placed on a valid ballot paper indicating that the elector votes for such candidate, with one vote ;

(l) the returning officer shall, subject to the provisions of these regulations, count the number of votes credited to the candidates as expressed on the ballot papers and shall declare elected the candidate with the largest number of votes, and shall then declare elected the candidate with the next largest number of votes, and so on until the number of candidates so declared to be elected is equal to the number of vacancies to be filled at the election ;

(m) if two or more candidates are each credited with the same number of votes and if both of such candidates cannot be declared elected in accordance with the preceding paragraph, the returning officer shall determine by lot which of such candidates is elected ;

(n) the returning officer shall prepare and sign a statement setting forth the names and addresses of the candidates elected, the total number of ballot papers issued, and returned, and shall send a copy of such statement to the harbour authority.

25 Expenses.

25. The expenses incurred by the returning officer in relation to the election shall be part of the working and establishment expenses of the harbour authority.

26 Revocation.

26. The Harbour Authority (Elections) Regulations, 1946 (S. R. & O. No. 115 of 1946), are hereby revoked.

SCHEDULE.

FORM No. 1 (front).

FORM OF LIST OF QUALIFIED ELECTORS.

The (a) ............................................................ .........harbour authority

Election of (b) ......................................................elected members in the

Election year (c) ..........................................

1

2

3

4

5

Number (i)

Name and address of qualified elector (ii)

Classification (iii)

Name and address of person, corporation or group of persons for whom a qualified elector is representative manager (iv)

Names of vessels (v) in respect of which tonnage rates were paid

(i) The qualified electors should be numbered serially starting at number 1.

(ii) Where a qualified elector is a group of individuals the names should be bracketed and only one number given to the group in Column 1.

(iii) See Section 2 of The Harbours Act, 1947 . State whether a qualified elector is (a) a person ordinarily resident in the State during the qualifying year, or (b) an Irish body corporate, or (c) a group which includes either (a) or (b), or (d) a representative manager ordinarily resident in the State during the qualifying year. (See back of this form.).

(iv) This column is to be completed in respect of persons who qualify by virtue of being representative managers. (See back of this form).

(v) Vessel means a vessel registered in the State under the Merchant Shipping Acts, 1894 to 1939.

(a) Insert name of harbour authority.

(b) Insert here " two " or " four " as the case may be.

(c) Insert the year.

FORM No. 1 (back).

Section 7 (5) of the Harbours Act, 1946 , as amended by Section 2 of the Harbours Act, 1947 , provides as follows :—

" (5) The following provisions shall, for the purposes of paragraph (f) of subsection (1) or paragraph (c) of subsection (2) (as may be appropriate) of this section, apply in relation to an election of elected members of a harbour authority to be held in a particular election year—

(a) in this subsection—

the expression ' the qualifying year ' means the year immediately preceding the said election year;

the expression ' Irish body corporate ' means a body corporate incorporated in the State ;

the expression ' resident ' means ordinarily resident in the State ;

the expression ' qualified vessels ' means vessels in respect of which there was paid to that harbour authority, during the qualifying year, tonnage rates in the aggregate of an amount not less than the minimum sum ;

(b) where the owner, on the 31st day of December in the qualifying year, of one or more qualified vessels, was—

(i) a person resident during the qualifying year, or (ii) an Irish body corporate, or

(iii) a group which includes either—

(I) a person resident during the qualifying year, or

(II) an Irish body corporate,

then, the said owner shall be a qualified elector at such election ;

(c) where the owner, on the 31st day of December in the qualifying year, of one or more qualified vessels is not, by virtue of paragraph (b) of this subsection, a qualified elector at such election, and the representative manager of the said owner was resident during the qualifying year, then, the said representative manager shall be a qualified elector at such election."

FORM No. 2.

FORM OF NOTICE OF ELECTION.

The (a) ............................................................ .........Harbour Authority.

Election of (b) ............................................................ ...elected members

In the election year (c) ..........................................

The Returning Officer for the election of elected members of the above-mentioned Harbour Authority hereby gives notice that the election of elected members under the provisions of Section 7 of the Harbours Act, 1946 , as amended by Section 2 of the Harbours Act, 1947 , will commence at the principal office of the Authority on the..................day of....................................at the hour of............................................................ ....................................

Any qualified elector may nominate a candidate for election. No qualified elector may nominate more candidates than there are vacancies.

A qualified elector is not entitled to nominate himself.

The latest day for receiving nominations of candidates for an election will be the..................day of....................................Nominations must be sent by registered post so as to reach the Returning Officer not later than that date.

The Returning Officer will attend at the principal office of the Harbour Authority on the day following the latest date for receiving nominations between the hours of two o'clock and four o'clock in the afternoon for the purpose of making known to the qualified electors and candidates the nominations which have been received.

A candidate may withdraw his candidature by furnishing notice to that effect so as to reach the Returning Officer not later than the (i)..................day of ..............................

If an election is contested ballot papers will be posted to qualified electors on the..................day of....................................(ii).

Ballot papers must be returned by post so as to reach the Returning Officer not later than the first post on the day of election.

Any ballot paper received afterwards will not be counted.

Signed............................................................ ...............

Returning Officer.

Dated...............day of....................................

(i) Regulation Number 11(k) of the Harbour Authority (Elections) Regulations, 1948, provides as follows :—" a candidate may withdraw his nomination by notice in writing signed by him and given to the returning officer not later than three days after the latest date for receiving nominations."

(ii) Regulation Number 16(2) of the Harbour Authority (Elections) Regulations, 1948, provides as follows :—

" Every candidate shall be entitled to be present at the issue of ballot papers, and the returning officer shall, at the request of a candidate, inform him of the time and place of issue."

(a) Insert name of harbour authority.

(b) Insert here " two " or " four " as the case may be.

(c) Insert the year.

FORM No. 3 (front).

FORM OF NOMINATION PAPER.

The (a) ............................................................ ......Harbour Authority

Election of (b) ............................................................ elected members in the election year (c) .................................

I (or WE) the undersigned, being a person (or persons) duly qualified as an elector (or electors) of elected members hereby nominate the following person (d)

Name of Candidate............................................................ .....................

Address of Candidate ............................................................ ...............

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

Description............................................................ ..............................as an elected member of the said authority.

Signature and Address of Nominator (or Nominators) :

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

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

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

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

I.................................................of...................................................the person nominated in this nomination paper hereby consent to this nomination.

Signed............................................................ ...............

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

(a) Insert name of harbour authority.

(b) Insert here " two " or " four " as the case may be.

(c) Insert the year.

(d) Please read instructions before completing the nomination form.

FORM No. 3 (back).

INSTRUCTIONS.

Attention is directed to Section 19 of the Harbours Act, 1946 , which includes the following provisions :—

" 19.—(1) A person shall be disqualified for being appointed, elected or nominated or being a member of a harbour authority if—

(a) he is not an Irish citizen, or

(b) he has not attained the age of twenty-one years, or,

(c) except in the case of being appointed or being a local authority member, the place where he ordinarily resides is more than thirty miles from the principal office of the harbour authority, or

(d) he holds any paid office under the harbour authority, or

(e) he has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine or to any greater punishment, and has not received a free pardon, or

(f) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been adjudged bankrupt, or made a composition or arrangement with his creditors, or

(g) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted of an offence under section 26 of this Act.

19.—(2) Where any portion of a sum charged or surcharged by an auditor of the accounts of a harbour authority upon or against any person remains unpaid, such person shall be disqualified for being appointed, elected or nominated or being a member of any harbour authority until the sum so charged or surcharged is paid unless such person appeals from the charge or surcharge and, in the final determination of the appeal, it is decided that the charge or surcharge was not lawfully made or (in the case of an appeal to the Minister) is not to be enforced."

Attention is also directed to Regulation No. 11 Harbour Authority (Elections) Regulations, 1948, which includes the following provisions :—

" (a) each candidate shall be nominated in Form No. 3 in the Schedule hereto, which shall contain a description of the candidate sufficient to identify him, the particulars indicated in the form and a statement, signed by the candidate, consenting to his nomination ;

(b) each qualified elector shall be entitled to nominate a number of candidates not exceeding the number of persons to be elected ;

(c) a qualified elector shall not be entitled to nominate himself ;

(d) a form of nomination of a candidate by a group of individuals shall be signed in the name of the group by a person having authority to sign in that name ;

(e) a form of nomination of a candidate by a corporate body shall be authenticated by affixing to the form the seal of that body in the manner required by the rules of that body ;

(f) the latest date for receiving nominations shall be the fifteenth day before the date of the election ;

(g) nomination papers shall be sent to the returning officer by registered post."

FORM No. 4.

FORM OF BALLOT PAPER.

The (a) ............................................................ .........Harbour Authority

Election of (b) ......................................................members on the..........day of..........

BEFORE MARKING THIS BALLOT PAPER THE INSURCTION ON THE ENCLOSED DECLARATION OF INDENTITY SHOULD BE READ.

Counterfoil No................ Election of........................

Voter's Mark

Candidates

members of the Harbour Authority.

Note : The counterfoil is to have a number to correspond with that on the back of the Ballot Paper.

FORM OF BACK OF BALLOT PAPER.

Number :.....................................

Election of.....................................members of the........................... Harbour Authority.

Note : The number on the back of the Ballot Paper is to correspond with that. on the counterfoil.

(a) Insert name of Harbour Authority.

(b) Insert " two " or " four " as the case may be.

FORM No. 5 (front).

FORM OF DECLARATION OF IDENTITY.

The (a) ............................................................ .........Harbour Authority

Election of (b) ......................................................members in the election year (c) ..................

Ballot paper number..........

I/WE do hereby declare that I/We am/are the voter(s) to whom this Ballot Paper number as above and the envelope in which same was enclosed (both of which are now produced) were sent.

Signature (or Seal) of Voter * ............................................................ ..............

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

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

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

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

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

Signed (or Seal affixed) in the presence of :—

Signature of Witness............................................................ ............................................................ .......

Address............................................................ ............................................................ ......

Occupation............................................................ ......................................................

RULES FOR SIGNING DECLARATION OF IDENTITY.

Regulation No. 19 of the Harbour Authority (Elections) Regulations, 1948, provides as follows :—

" (1) An elector in giving his vote must place on the ballot paper the mark X opposite the name of every candidate for whom he votes. An elector may not vote for more candidates than there are vacancies to be filled.

(2) Every declaration of identity shall be signed by the voter and (except where the voter is a corporate body) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and occupation.

(3) The following provisions shall have effect in relation to the signing of declarations of identity of voters—

(a) where the voter is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word " partner " ;

(b) where the voter is an unincorporated body the declaration shall be signed in the name of such body by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of such body ;

(c) where the voter is a corporate body the declaration shall be signed by affixing thereto the seal of such body in the manner and with the counter-signatures required by the rules of such body ;

(d) a declaration of identity purporting to be signed in accordance with this paragraph shall, until the contrary is proved, be deemed to be signed in accordance with these regulations."

(a) Insert here name of Harbour Authority.

(b) Insert " two " or " four " as the case may be.

(c) Insert the year.

*Before signing this declaration the voter should read carefully the rules set out below as to the particular manner in which it must be signed by the classes of voters specified. Failure to sign this declaration in accordance with these rules may involve the rejection of the vote.

FORM No. 5 (back).

Instructions to Voters.

1. The voter may vote for..........candidates only.

2. The voter must vote by marking the ballot paper in the left-hand side with the mark X opposite the name of each candidate for whom he votes.

3. The Returning Officer will credit every candidate against whose name the mark X is placed on a valid ballot paper with one vote.

4. Immediately after voting the voter must place the marked ballot paper in the enclosed envelope on which is printed the words " Ballot Paper Envelope " and fasten it up. He must then place the ballot paper envelope together with this paper in the other larger enclosed envelope addressed to the Returning Officer and return same by post so as to reach the Returning Officer not later than the first post on the..........day of.................... Ballot papers received after that will not be counted.

FORM No. 6.

FORM OF OUTER ENVELOPE.

STAMP.

.............................................HARBOUR AUTHORITY.

Election of elected members.

To.............................................

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

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

If undelivered, return immediately to the Returning Officer at.............................................

FORM No. 7.

FORM OF COVERING ENVELOPE.

STAMP.

THE RETURNING OFFICE,

............................................................ .Harbourt Authority

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

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

Election of Members.

Form No. 8.

FORM OF BALLOT PAPER ENVELOPE.

BALLOT PAPER ENVELOPE.

.................................................HARBOUR AUTHORITY.

Election of elected members.

Ballot Paper Number.................................

NOTE : The ballot paper only to be placed in this envelope. This envelope together with declaration of identity, must then be place in the envelope addressed to the Returning Officer.

GIVEN under my Official Seal, this 23rd day of March, 1948.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.