Seanad Electoral (University Members) Act, 1937

FIRST SCHEDULE.

Registration Rules.

Definition.

1. In this Schedule—

the expression “registration officer” means the registration officer for a university constituency.

Publication of electors' list.

2. On the 29th day of January in every year, every registration officer shall publish a list (in these rules referred to as the electors list) in the prescribed form of all persons who appear to him to be entitled to be registered in the register of electors for his constituency.

Right to send claims.

3. Any person who is not entered in an electors list for a university constituency and claims to be entitled to be registered as an elector in that university constituency may send, on or before the 26th day of February next after the publication of such electors list, to the registration officer for such constituency a claim in the prescribed form to be so registered.

Contents of prescribed form of claim.

4. The prescribed form of claim referred to in the next preceding rule shall be such as to enable the person filling up the same to state therein—

(a) such particulars (including the date of his birth) as shall be requisite to show that he is entitled to be an elector in the constituency to which such claim relates, and

(b) the address at which he was normally resident on the next previous 15th day of November, and

(c) if he so desires, another address as the address to which his ballot papers are to be sent.

Publication of list of claims.

5. Not later than the 12th day of March in every year every registration officer shall prepare and publish a list of claims in the prescribed form and shall enter in such list the name of every person who shall have sent to him, on or before the 26th day of February, a prescribed form of claim properly and sufficiently filled up.

Time for and mode of making objections.

6. Any person who is registered in the register of electors for a university constituency may object to the registration in such register of any person whose name appears in an electors list or a list of claims in respect of such constituency; every such objection shall be made by sending a notice of objection in the prescribed form to the registration officer not later than the 26th day of March next after the publication of the electors list or the list of claims (as the case may be) to which such objection relates.

Obligation to notify person objected to.

7. An objection under the next preceding rule shall not be entertained unless, within the time limited for sending the notice of objection, a copy of the notice of objection sent to the registration officer is sent by prepaid registered post by the person making the objection to the person whose registration is objected to at his address as stated in the electors list or the list of claims as the case may be.

Publication of list of objections.

8. Every registration officer shall prepare and publish as soon as practicable after the 26th day of March in every year a list of the persons named in the electors list or the list of claims in respect of whose registration a notice of objection has been received by such registration officer on or before the said 26th day of March.

Consideration of and ruling upon objections.

9. Every registration officer shall, as soon as practicable, consider and rule upon all objections of which notice has been given to him in accordance with these rules, and for that purpose shall give, in respect of every such objection, at least five clear days notice to the person making the objection and to the person whose registration is thereby objected to of the time and place at which he will consider and rule upon such objection.

Consideration of and ruling upon claims.

10. Every registration officer shall also consider, as soon as practicable, every claim mentioned in the list of claims in respect of which no notice of objection has been given in accordance with these rules and,

(a) if he considers that such claim may be allowed without further inquiry, he shall allow such claim and give notice thereof to the claimant, or

(b) if he is not satisfied that such claim can be allowed without further inquiry, he shall give at least five clear days notice to the claimant of the time and place at which he will consider and rule upon such claim.

Objections by the registration officer.

11. A registration officer may make such further inquiries as he may deem necessary in respect of any claim mentioned in a list of claims and, if after such inquiry it shall appear to him that the claimant is not entitled to be registered, the registration officer may himself at any time object to such claim by sending a notice of objection stating the grounds of the objection to the claimant.

Every objection made by a registration officer under this rule shall be considered and ruled upon by him, and for that purpose he shall give to the claimant at least five clear days notice of the time and place at which he will so consider and rule upon such claim.

Claims for correction of entries in a register.

12. Any person who is registered as an elector in a register of electors and claims that he is entered in such register in an incorrect manner or with incorrect particulars may send to the registration officer, on or before the 26th day of February, a notice in the prescribed form stating that he is so entered incorrectly, and stating the alterations which he alleges to be necessary in order to make such register correct in regard to him, and claiming that the register be altered accordingly.

No claim made under this rule shall be included in the list of claims.

Consideration of and ruling upon claims for corrections.

13. Every registration officer shall consider, as soon as practicable, every claim made under the next preceding rule and—

(a) if he considers that such claim may be allowed without further inquiry, he shall allow such claim and give notice thereof to the claimant, or

(b) if he is not satisfied that such claim can be allowed without further inquiry, he shall give at least five clear days notice to the claimant of the time and place at which he will consider and rule upon such claim.

Revision of the register.

14. Not later than the 31st day of May in every year every registration officer shall revise the register of electors for his constituency by doing the following things in regard to such register, that is to say:—

(a) inserting in such register the names and addresses of all persons who were entered in the electors list published on the previous 29th day of January and whose registration was not successfully objected to and of all persons who have claimed to be entitled to be registered in such register and whose claim for such registration has been allowed by such registration officer, and

(b) making all such corrections in such register as may be necessary to give effect to all claims for corrections which have been allowed by such registration officer, and

(c) removing from such register the names of all persons who were omitted from the said electors list because they were dead.

Publication of the revised register.

15. When a registration officer has completed the revision, in accordance with the next preceding rule, of the register of electors for his constituency, he shall do the following things in relation to such register as so revised (in this rule referred to as the revised register), that is to say:—

(a) publish such revised register not later than the 1st day of June by publishing a notice that a copy of such revised register is open to inspection at his office, and

(b) keep at least one copy of such revised register available in his office for inspection, and

(c) permit any person to inspect free of charge in his office during office hours a copy of such revised register, and

(d) on the application of any person during office hours and on payment of the prescribed fee, furnish to such person a copy of such revised register or of so much thereof as is the subject of such application, and

(e) transmit a copy of such revised register to the Minister as soon as may be after the publication of such register, and

(f) whenever so requested by the Minister, transmit to the Minister a summary of the contents of such revised register in such form and giving such particulars as he shall specify in such request.

Method of appealing to the Circuit Court.

16. A person desiring to appeal against the decision of a registration officer must give notice of appeal in the prescribed form to such registration officer and to the opposite party (if any) when such decision is given or within five days thereafter.

The registration officer shall transmit every such notice of appeal so given to him to the county registrar for the county borough of Dublin in the manner directed by rules of court together with, in every case, a statement of the material facts which, in the opinion of such registration officer, have been established in the case, and of his decision upon the whole case and on any point which may be specified as a ground of appeal.

The registration officer shall furnish to the court hearing any such appeal such further information, within his knowledge or procurement, as such court may require.

Appeals on similar grounds.

17. Where it appears to a registration officer that any two or more notices of appeal from his decisions are based on similar grounds, he shall inform the county registrar for the county borough of Dublin of that fact for the purpose of enabling the judge hearing such appeals (if he so thinks fit) to consolidate such appeals or to select one of such appeals as a test case.

Changes of address of registered electors.

18. Any person registered in the register of electors for a university constituency may at any time inform the registration officer for such constituency of any change in the address of such person (whether the address at which he is ordinarily resident or the address to which his ballot papers are to be sent) and thereupon such registration officer shall amend such register of electors by entering therein such change of address.

Deletion of deceased electors from the register.

19. Whenever it comes to the knowledge of the registration officer for a university constituency that a person registered in the register of electors for such constituency is dead he shall take note of that fact and shall, at the next annual revision of such register in pursuance of this Act, omit the name of such person from the electors list.

Evidence of age and citizenship.

20. The registration officer for a university constituency, before registering any person in the register of electors for such constituency may, if he thinks it necessary—

(a) require such person to produce a certificate of his birth or, if that is not practicable or convenient, to make a statutory declaration that he has attained the age of twenty-one years, and

(b) require such person either, as the case may require, to make a statutory declaration that he is a citizen of Ireland or to produce a certificate of his naturalisation as a citizen of Ireland.

Where a person is required under this rule to make a statutory declaration, any fee payable in connection therewith shall be paid by the registration officer as part of his registration expenses and the declaration shall be exempt from stamp duty.

Method of publishing documents.

21. Where a registration officer is required by these rules to publish any document, and no specific provision is made as to the mode of publication, such registration officer shall publish such document by making copies thereof available for inspection in his office during office hours and posting a notice in some conspicuous place on the outside of his office stating the times at which such document may be inspected in his office.

Provision of forms by registration officers.

22. Every registration officer shall, on the application of any person, supply to such person free of charge such number of forms of claim and forms of notice of objection as he shall reasonably require.

Every registration officer shall also, on the application of any person, permit such person to inspect and take copies of any claim or notice of objection received by such registration officer under these rules and shall also, on payment of the prescribed fee, supply to such person a copy of any such claim or notice of objection.

Method of sending notices.

23. Any claim, notice of objection, or other document which is, under these rules, to be sent to a registration officer may be sent to him by prepaid post addressed to him at his office.

Any notice which is required by these rules to be sent by a registration officer to any person shall be sufficiently sent if sent by post addressed to such person at the address given by him for that purpose or, if he is a registered elector, at his address as stated in the register of electors or, where neither of such addresses is available, at his last known place of abode.

Persons entitled to appear and be heard before the registration officer.

24. On the consideration of any claim or objection or other matter by a registration officer in pursuance of these rules, any person appearing to such registration officer to be interested may appear and be heard either in person or by some other person (other than counsel) on his behalf.

Power of registration officer to take evidence on oath.

25. On the consideration of any claim or objection, or other matter by a registration officer in pursuance of these rules, such registration officer may, at the request of any person interested or, if he so thinks fit, without such request, require that the evidence tendered by any person should be given on oath and may administer an oath for that purpose.

Misnomers and inaccurate descriptions.

26. No misnomer or inaccurate description of any person or place in any list or in a register of electors or in any notice shall prejudice the operation of this Act or these rules as respects that person or place provided such person or place is so designated as to be commonly understood.