Local Elections (Petitions and Disqualifications) Act, 1974

Counting of votes afresh.

8.—(1) The court may, for the purposes of the trial of a petition, if it thinks fit, order—

(a) that all the votes cast at the election shall be counted afresh,

(b) that all the votes so cast in a particular electoral area shall be so counted, or

(c) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,

and where the court so orders, the provisions of the following subsections shall have effect.

(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and, subject to subsections (3) and (4) of this section and to such modifications (if any) as the court considers necessary, the provisions of any regulations made by the Minister under section 82 of the Act of 1963 relating to the counting of votes at a local election shall apply to such counting.

(3) Where votes are counted afresh pursuant to an order under this section, the court shall cause the following to be ignored:

(a) preferences recorded on ballot papers which are invalid by virtue of regulations made by the Minister pursuant to section 82 of the Act of 1963,

(b) preferences recorded on forged or counterfeited ballot papers, and

(c) preferences recorded for any person who, with respect to the relevant election, is found by the court not to have been qualified for membership of the local authority.

(4) The court shall have power to reverse any decision of a returning officer at the original count.

(5) The costs of giving effect to an order under this section shall be paid by the local authority concerned.