S.I. No. 118/1974 - Local Elections (Postal Voting) Regulations, 1974.

S.I. No. 118 of 1974.

LOCAL ELECTIONS (POSTAL VOTING) REGULATIONS, 1974.

The Minister for Local Government, in exercise of the powers conferred on him by section 82 of the Electoral Act, 1963 (No. 19 of 1963), hereby makes the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:

1. These Regulations may be cited as the Local Elections (Postal Voting) Regulations, 1974.

2. These Regulations and the Local Elections Regulations, 1965 and 1974 shall be construed as one and that collective citation shall include these Regulations.

3. (1) In these Regulations—

"the Principal Regulations" means the Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 );

"qualified person" has the meaning assigned to it in article 4 of these Regulations;

"supplementary postal voters list" has the meaning assigned to it in article 9 of these Regulations.

(2) The functions assigned to returning officers by articles 6, 7, 8, 9 and 15 of these Regulations shall be performed by the returning officers for elections of members of councils of counties and corporations of county boroughs and a reference in these Regulations to the appropriate returning officer shall be construed, in relation to an application under article 4 of these Regulations by a qualified person, as a reference to the returning officer for the election of members of the council of the county or the corporation of the county borough in which the qualified person is registered as a local government elector.

4. (1) A qualified person shall be entitled to apply to vote by post at an election.

(2) For the purpose of these Regulations, a qualified person shall be a person whose name is on the register for the time being in force for a local electoral area (not being a person whose name is on the postal voters list for that area) and who will be unable, or is likely to be unable, to go in person on the polling day to vote at the election at the polling station to which he is allotted by reason of—

( a ) the circumstances of his occupation, service or employment,

( b ) absence from the place in respect of which he is registered as an elector,

( c ) illness or physical disability, or

( d ) his employment by a returning officer in connection with an election.

(3) Where the polls at the election of members of two different local authorities are to be held together, an application to vote by post made by a person entitled to vote at both polls shall be treated as an application by the person to vote by post at both elections.

5. The following provisions shall apply in relation to an application to vote by post under article 4 of these Regulations:

( a ) the application shall be in the Form set out in the Schedule to these Regulations;

( b ) the application form shall be completed and certified in accordance with the instructions provided thereon;

( c ) the application form, duly completed and certified, shall be delivered or sent by post to the appropriate returning officer so as to be received by him by 12 noon on the seventh day after the latest day for the publication of the Notice of Election; and

( d ) an application shall not be withdrawn after it has been received by the appropriate returning officer.

6. The returning officer shall, not later than the twenty-eighth day before the polling day, arrange for the giving of public notice of—

( a ) the persons entitled under article 4 of these Regulations to apply to vote by post,

( b ) the manner in which, and the time before which, such persons shall so apply, and

( c ) the times and places at which application forms may be obtained.

7. The returning officer shall, not later than the twenty-eighth day before the polling day, arrange for the provision of application forms at such times and places as are specified in the notice under article 6 of these Regulations and an application form shall be supplied free of charge to any person applying therefor.

8. (1) The appropriate returning officer shall rule on the validity of each application as soon as practicable after it is received by him.

(2) Where the appropriate returning officer is satisfied that an applicant is a qualified person and that his application is properly completed and certified, he shall rule that the application is valid and shall cause the application form to be marked accordingly.

(3) Where the appropriate returning officer is not satisfied that an applicant is a qualified person or that his application is properly completed and certified, he shall rule that the application is invalid and shall cause the application form to be marked accordingly.

(4) Where the appropriate returning officer rules that an application is invalid, he shall notify the applicant accordingly and the notice shall include a statement of his reasons for so ruling.

(5) Where an application is received by the appropriate returning officer after the time specified in article 5 (c) of these Regulations, the application shall be disregarded and the applicant shall be notified accordingly.

(6) For the purposes of this article—

( a ) a person's name shall be taken to be on a register if the register includes a name which, in the opinion of the appropriate returning officer, was intended to be the person's name;

( b ) a statement by a person in an application that he will be unable, or is likely to be unable, to go in person on the polling day to vote at a polling station for a reason referred to in article 4 (2) of these Regulations shall, in the absence of evidence to the contrary, be accepted by the appropriate returning officer as conclusive evidence of that fact.

9. (1) As soon as practicable after the adjournment of an election for the purpose of taking a poll, the returning officer shall prepare in respect of each local electoral area a list (in these Regulations referred to as the supplementary postal voters list) in such form as may be directed by the Minister, containing the number (including polling district letter) and name (in each case as stated in the register) of each person from whom a valid application has been received by him and the address to which each such person's ballot paper is to be sent.

(2) As soon as the supplementary postal voters list has been prepared, the returning officer shall make a copy thereof available for inspection at his office.

(3) The returning officer shall supply on request, and without fee—

( a ) one copy of the supplementary postal voters list for a local electoral area to each candidate duly nominated for the local electoral area at an election, and

( b ) such number of copies of the supplementary postal voters list for a local electoral area which is a borough, urban district or town as the returning officer for an election of members of the borough corporation, urban district council or town commissioners may require for the purpose of his duties as such returning officer.

10. Each reference in articles 33, 35 and 78 of the Principal Regulations to the postal voters list for a local electoral area shall be construed so as to include a reference to the supplementary postal voters list for that area and each reference to the postal voters list in the said articles shall be construed so as to include a reference to the supplementary postal voters list for the appropriate local electoral area.

11. Before the polling day, the returning officer shall arrange that the copies of the register, or the parts thereof, required by article 37 (5) (f) of the Principal Regulations to be provided at each polling station, shall be marked to denote the electors whose names are on the supplementary postal voters list.

12. (1) Article 46 (1) of the Principal Regulations shall have effect as if the following were substituted for the question at (b)—

"( b ) Have you already voted at this election or applied to vote by post at this election?".

(2) Article 46 (2) of the Principal Regulations shall have effect as if "or applied to vote by post" were inserted after "already voted" in the form of oath or affirmation.

(3) Article 47 of the Principal Regulations shall have effect as if there were inserted therein after article (1) the following sub-article—

"(1A) Where, at an election, a copy of the register, or part thereof, provided at a polling station under article 37 (5) (f) of these Regulations has been marked under article II of the Local Elections (Postal Voting) Regulations, 1974, to denote that the name of an elector is on the supplementary postal voters list for a local electoral area, and a person representing himself to be that elector applies at the polling station for a ballot paper and duly answers any questions put to him under article 46 of these Regulations and takes the oath or makes the affirmation under the said article 46, that person shall, notwithstanding article 33 (1) of these Regulations, be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other elector.".

13. Article 42 of the Principal Regulations shall not apply in relation to an elector whose name is on the supplementary postal voters list.

14. Notwithstanding anything contained in article 28 of the Principal Regulations, the following provisions shall have effect where a fresh election is required to be held under that article—

( a ) applications to vote by post at the countermanded election shall be treated as applications to vote by post at the fresh election;

( b ) the time under article 5 (c) of these Regulations by which such applications shall be received by the appropriate returning officer in relation to the countermanded election shall apply in relation to the fresh election and shall not be extended; and

( c ) the public notice required to be given by article 28 (2) (c) of the Principal Regulations shall contain a statement of the effect of the foregoing provisions of this article.

15. (1) As soon as practicable after the preparation of the supplementary postal voters list for a local electoral area, the appropriate returning officer shall seal up in a packet or packets the applications received by him under article 4 of these Regulations, together with any other documents relating to those applications, and shall endorse on each packet a description of its contents and the name of the local electoral area and the date of the election to which it relates.

(2) The packets referred to in sub-article (1) of this article shall be placed in the parcel referred to in sub-article (2) of article 78 of the Principal Regulations and the provisions of articles 78, 79 and 80 of those Regulations shall apply to the application forms and documents contained in the packets in like manner as they apply to the other documents referred to in the said sub-article (2).

SCHEDULE.

(Front of form)

APPLICATION TO VOTE BY POST AT A LOCAL ELECTION

Please read the notes and instructions overleaf before completing the form

CERTIFICATE

To be completed by a member of the Garda Síochána, a Clergyman or an officer of a local authority or health board.

I certify that, to the best of my knowledge and belief, the declaration made above by.........................., who is known to me personally or has satisfied me as to his identity, is correct.

(a) Insert here the date of the polling day.

(Back of form)

PLEASE READ THESE NOTES AND INSTRUCTIONS BEFORE COMPLETING THE FORM

Persons who may vote by post: Provided you are registered as an elector, you may apply to vote by post at a local election if you will be unable, or are likely to be unable, to go in person on the polling day to vote at the election at the polling station by reason of (i) the circumstances of your occupation, service, or employment; (ii) absence from the place in respect of which you are registered as an elector; (iii) illness or physical disability; or (iv) your employment by a returning officer in connection with a local election. If an application to vote by post is properly made, you may not withdraw the application and you may not vote in person.

Completing the application form: To apply to vote by post, you must complete the form overleaf in accordance with the instructions provided.

You must give your full name and address (and, where possible, your number) as they appear on the register of electors. This is particularly important where more than one person of the same name is registered at the same address or in the same townland. Where you have recently changed address, make sure to give the address where you were registered. You can inspect the register of electors at the local Garda Station, post office or local authority offices.

You must indicate why you will be unable, or are likely to be unable, to vote in person. To do this, put a tick (✓) in the appropriate box and give the additional information required.

You must give the address within the State to which your ballot paper is to be posted (if different from the address where you are registered). If you give an address outside the State, your application will have to be rejected.

Certification of the application form: The certificate at the end of the application form must be completed by a member of the Garda Síochána, a Clergyman or an officer of a local authority or health board.

Where to send the application form: Completed and certified application forms must reach the appropriate returning officer by..........................................(b). If you are sending the form by post, affix a stamp to the envelope.

If the place where you are registered is in a county borough (i.e. the cities of Cork, Dublin, Limerick and Waterford), send the form to the Returning Officer at the City Hall or Town Hall. If you are registered in a County, send the form to the Returning Officer at the head office of the County Council concerned.

Action by the returning officer: If your application is received by the returning officer in time and he is satisfied that you are qualified to vote by post and that your application is properly completed and certified, he will send you a postal ballot paper together with the necessary instructions. If your application to vote by post is rejected by the returning officer, he will notify you of the reasons for the rejection. You may re-apply, if there is still time.

APPLICATIONS TO VOTE BY POST MUST BE RECEIVED BY THE APPROPRIATE RETURNING OFFICER BY............................................................ ........... (b).

(b) Insert time specified in article 5 (c) of these Regulations

GIVEN under the Official Seal of the Minister for Local Government

this 30th day of April, 1974.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations make provision for a system of postal voting at local elections by certain categories of electors and make certain consequential amendments of the Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ).