S.I. No. 202/1972 - Seanad Electoral (Panel Members) (Prescribed Forms) (Amendment) Regulations, 1972.

S.I. No. 202 of 1972.

SEANAD ELECTORAL (PANEL MEMBERS) (PRESCRIBED FORMS) (AMENDMENT) REGULATIONS, 1972.

The Minister for Local Government in exercise of the powers conferred on him by section 5 of the Seanad Electoral (Panel Members) Act, 1947 (No. 42 of 1947) hereby makes the following Regulations:—

1. These Regulations may be cited as the Seanad Electoral (Panel Members) (Prescribed Forms) (Amendment) Regulations, 1972.

2. The Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954 ( S.I. No. 91 of 1954 ) and these Regulations shall be construed as one and may be cited together as the Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954 and 1972.

3. The Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954 are hereby amended by the substitution of forms No. 10, 11, 12, 14, 22 and 28 in the Schedule hereto respectively for forms No. 10, 11, 12, 14, 22 and 28 in the Schedule to the said Regulations.

Form No. 10

SCHEDULE

DECLARATION OF IDENTITY

FOR USE AT SEANAD GENERAL ELECTION

First Schedule Rule 8 (1) (a) (ii)

Declaration of Identity

I hereby declare that I am the person to whom the ballot papers and the envelope in which they were enclosed were sent and I produce the said envelope and the ballot papers unmarked.

(Voter's Signature) ......................................................

The above-named, who has produced the ballot papers unmarked and the envelope above referred to, and has signed the above declaration in my presence, is personally known to me (or is identified

to me by .................................. of .............................. who is personally known to me).

(Witness's Signature) ............................................................ .........................................

(Official Status and Address) ............................................................ ..............................

Date .................................

(See instructions on back of this form)

INSTRUCTIONS TO THE VOTER

(To be printed on the back of the Declaration of Identity).

1. An authorised person is any one of the following:—

(a) the Seanad Returning Officer,

(b) the Clerk of Dáil Éireann,

(c) the Clerk-Assistant of Seanad Éireann,

(d) the Clerk-Assistant of Dáil Éireann,

(e) the County Registrar of the county or county borough in which is situate the premises the address of which is stated on the envelope (hereinafter referred to as " the outer envelope ") addressed to the elector containing the ballot papers, the ballot paper envelope and the envelope addressed to the Seanad Returning Officer,

(f) the Sheriff for the said county or county borough,

(g) in case the said premises is situate in a county, the Manager under the County Management Acts, 1940 to 1955, for the county and the Secretary of the council of the county,

(h) in case the said premises is situate in a county borough, the City Manager and Town Clerk,

(i) the Superintendent of the Garda Síochána in whose district is situate the said premises or, where the superintendent is unable through illness, absence or other cause, to perform his duties such inspector of the Garda Síochána performing duties in that district as the superintendent may nominate.

2. The voter must produce to an authorised person the outer envelope, the ballot papers which must be five in number and which must be unmarked, the ballot paper envelope and the covering envelope addressed to the Seanad Returning Officer.

3. The declaration of identity must be completed and handed together with the outer envelope produced to the authorised person who, if he is satisfied that the person who made the declaration is the person to whom the outer envelope is addressed, shall sign the declaration of identity and return it to the voter and then destroy the outer envelope.

4. The voter must mark one or more than one of the ballot papers and must place all the ballot papers, whether marked or unmarked in the ballot paper envelope, without showing the papers to anyone after they have been shown unmarked to the authorised person in accordance with instruction 2 above.

5. The ballot paper envelope and the completed declaration of identity must then be placed in the covering envelope addressed to the Seanad Returning Officer. That envelope must be effectually closed and then handed to the authorised person, who will affix a label bearing a certificate which he will sign if he is satisfied that it is proper to do so.

6. The voter must return the envelope containing the ballot paper envelope and the declaration of identity to the Seanad Returning Officer by registered post. If this is not done, the vote will be rejectedas invalid. If the voter delays returning the ballot papers, they may be received too late and not be counted.

7. There is a different ballot paper for each panel. An elector in marking a ballot paper at a Seanad general election must place on the ballot paper the figure 1 opposite the name of the candidate 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 name of other candidates in the order of his preference.

8. Any ballot paper—

(a) which does not bear the official mark or

(b) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate 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 is written or marked by which the voter can be identified,

shall be invalid and shall not be counted.

BALLOT PAPER ENVELOPE

Form No. 11 First Schedule Rule 4.

OUTER ENVELOPE

Form No. 12. First Schedule, Rule 4.

FORM OF FLAP OF ENVELOPE

THE VOTER MUST NOT DESTROY THIS ENVELOPE. IT MUST BE HANDED TO THE AUTHORISED PERSON.

LABEL TO BE AFFIXED TO COVERING ENVELOPE

Form No. 14. First Schedule, Rule 8 (1) (b).

I ........................................ being an authorised person hereby certify that the ballot papers in this envelope having been shown to me unmarked, were not shown to anyone thereafter by the voter before being placed in this envelope which was then handed to me closed.

I also certify that I have destroyed the outer envelope handed to me by the voter.

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

Rank or Office .........................................

DECLARATION OF IDENTITY

Form No. 22. Section 72.

I hereby declare that I am the person to whom the ballot paper and the envelope in which it was enclosed, both of which I now produce, were sent and I produce the said envelope and the ballot paper unmarked.

Voter's Signature ............................................................ ....................................

The above-named, who is personally known to me, has produced the ballot paper and the envelope above referred to, and has signed the above declaration in my presence.

Witness's Signature ............................................................ ...................

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

Date ...................................................

(See instructions on back of this Form)

INSTRUCTIONS TO THE VOTER

(To be printed on the back of the Declaration of Identity)

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

(i) the ballot paper,

(ii) this declaration of identity form and

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

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

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

3. An elector in giving his vote at a bye-election must place on the ballot paper the figure 1 opposite the name of the candidate 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 candidates in the order of his preference.

4. Any ballot paper—

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

(b) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, 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 is written or marked by which the voter can be identified,

shall be invalid and shall not be counted.

5. Immediately after voting, the voter must place the marked ballot paper in the enclosed small envelope on which are printed the words " Ballot Paper Envelope " and fasten it. He must then place the ballot paper envelope, together with this Declaration of Identity, in the large enclosed envelope addressed to the Returning Officer and despatch the same by post without delay. Unless an elector returns his ballot paper at once it may be too late to be counted.

BALLOT PAPER ENVELOPE

Form No. 28. Third Schedule, Rule 4.

GIVEN under the Official Seal of the Minister for Local Government this 21st day of August, 1972.

ROBERT MOLLOY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations amend the Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954 by prescribing new forms of Declaration of Identity, Ballot Paper Envelope, Outer Envelope and Label to be Affixed to Covering Envelope for use at Seanad (panel members) elections.