S.I. No. 51/1930 - Department of Local Government and Public Health. The Seanad Bye-Elections Act, 1930.

1. Before marking the accompanying ballot paper the Voter must produce

(i) The ballot paper showing the number on the back thereof ;

(ii) This paper ; and

(iii) The envelope in which he received the ballot paper ; to a peace commissioner, a commissioner for oaths or a notary public to whom he is personally known, and must make the declaration on the other side of this paper before such commissioner or notary.

2. If the voter is not in Saorstát Eireann, he must before marking the accompanying ballot paper, produce the three documents mentioned above to a person (to whom he is personally known) who is authorised by the law of the place where he is to administer oaths, and the voter must then make the declaration on the other side of this paper before such person.

3. No stamp duty is payable on the declaration.

4. In order to vote, the voter must place the figure 1 in the space on the left-hand side of the ballot paper opposite to the name of the candidate for whom he votes : that is to say, the candidate he likes best. He may also place the figure 2 in the space on the left-hand side of the ballot paper opposite to the name of the candidate he likes second best, and may place the figure 3 similarly opposite to the name of the candidate he likes third best, and so on. If the voter does not place the figure 1 on his ballot paper or places the figure 1 opposite to more than one name, or places the figure 1 and some other figure opposite to the same name, or places any mark on the paper by which he may afterwards be identified, his ballot paper will be void, and will not be counted. The ballot paper must not be marked with a cross. The voter should not allow any person to see how he has voted.

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 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 despatch the same by post without delay. Unless an elector returns his ballot paper at once, it may be too late to be counted.

5. If a voter receives more than one ballot paper, he must remember that he can vote only once. Every person who votes more than once at an election is guilty of an illegal practice, and is liable to a fine not exceeding, one hundred pounds,

FORMS OF ENVELOPES.

Form No. 4.

FORM OF OUTER ENVELOPE.

SEANAD BYE-ELECTION.

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

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

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

If undelivered return immediately to

THE SEANAD RETURNING OFFICER,

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

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

Form No. 5.

FORM OF COVERING ENVELOPE.

Form of Covering Envelope to be addressed to the Seanad Returning Officer.

SEANAD BYE-ELECTION.

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

(Seanad Returning Officer).

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

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

NOTE.—No stamp required when posted in Saorstát Eireann. If handed in at any Saorstát Post Office, a receipt of registration may be obtained free, and an " A.R." Form No. 87 will be issued free in respect of this packet if demanded.

Form No. 6.

FORM OF BALLOT PAPER ENVELOPE.

BALLOT PAPER ENVELOPE.

No......................................

Ballot Paper only to be enclosed in this Envelope.

This envelope, together with the Declaration of Identity, must be placed in the envelope addressed to the Seanad Returning Officer.

Seanad Bye-Election, 19.................

Form No. 7

FORM OF UNDERTAKING TO PRESERVE THE SECRECY OF THE BALLOT.

THE

SEANAD BYE-ELECTIONS ACT, 1930

.

I solemnly undertake that I will not at the Bye-Election to Seanad Eireann held pursuant to the Order of the Minister for Local Government and Public Health, bearing date the............day of....................................... 19......, do anything forbidden by

Section 13

of the

Seanad Electoral Act, 1928

, which section as applied by

section 9

of the

Seanad Bye-Elections Act, 1930

, I have read.

Signed in the presence of

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

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

Seanad Returning Officer, or Peace Commissioner for the County of

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

Dated this............day of................................................19.......

SEANAD ELECTORAL ACT, 1928

.

SECTION 13.

13.

—(1) The Seanad Returning Officer and every officer and clerk concerned in the issue, receipt, or counting of ballot papers at a Seanad election, and every candidate present at such issue, receipt or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not before the completion of the election communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of the ballot paper sent to any elector.

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of his ballot paper by any elector at a Seanad election.

(3) No person shall directly or indirectly induce any elector at a Seanad election to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the name of the candidate for whom he has marked his vote on such ballot paper.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment, with or without hard labour, for any term not exceeding six months,

Form No 8

FORM OF CERTIFICATE TO BE SENT TO THE CLERKS OF THE DAIL AND SEANAD.

THE

SEANAD BYE-ELECTIONS ACT, 1930

.

To The Clerk of the Dail.

To The Clerk of the Seanad.

Pursuant to Rule 23 of the First Schedule to the

Seanad Electoral Act, 1928

, as applied by

Section 9

of the

Seanad Bye-Elections Act, 1930

, I........................being the Seanad Returning Officer appointed by the Minister for Local Government and Public Health for the Bye-Election to fill............vacancy (vacancies) in Seanad Eireann, held pursuant to the Order of the said Minister, bearing date the............day of....................................19......, do hereby certify that the name(s) of the candidate(s) elected at the said bye-election; (the order in which they were elected) the total number of votes given for each candidate (whether elected or not), every transfer of votes under the said Act, and the total value of the number of votes credited to each candidate at the end of the count at which each such transfer took place, are as shown in the following result*:—

* See form No. 10.

RESULT SHEET.

(Signed),............................................................ .............

(Seanad Returning Officer).

Dated this...............day of.......................................19.......

Form No. 9.

FORM OF CERTIFICATE TO BE PUBLISHED IN

IRIS OIFIGIUIL.

THE

SEANAD BYE-ELECTIONS ACT, 1930

.

Pursuant to Rule 24 of the First Schedule to the

Seanad Electoral Act, 1928

, as applied by

Section 9

of the

Seanad Bye-Elections Act, 1930

, I........................being the Seanad Returning Officer, appointed by the Minister for Local Government and Public Health for the bye-election to fill............vacancy (vacancies) in Seanad Eireann, held pursuant to the Order of the said Minister, bearing date the............day of....................................19......, do hereby certify that at the said bye-election the following candidate(s) was (or were) elected

(Signed),............................................................ ...................

(Seanad Returning Officer).

Dated this............day of.................................19.......

Form No. 10.

FORM OF RESULT SHEET.

THE

SEANAD BYE-ELECTIONS ACT, 1930

.

Bye-Election to fill.........vacancy (vacancies) in Seanad Eireann, held pursuant to the Order of the Minister for Local Government and Public Health bearing date the............day of....................................19......

Number of valid votes............................................................ ..........................

Full total value of valid votes............................................................ ..............

Number of vacancies to be filled............................................................ ...........

Quota (value sufficient to secure the election of a candidate)............................

Names of Candidates

First Count

Second Count

Third Count

Fourth Count

(Name(s) of Candidate(s) elected (and order of election).

Number of Votes

Value of Votes.

Transfer of

Result

Transfer of

Result

Transfer of

Result

Value of non-transferable papers not effective.

Loss of value owing to disregard of fractions.

Totals

STATUTORY RULES AND ORDERS. 1930. No. 51.No. 51/1930

THE SEANAD BYE-ELECTIONS ACT, 1930.

WHEREAS by sub-section (i) of

section 10

of the

Seanad Bye-Elections Act, 1930

(hereinafter referred to as " the Act "), it is enacted in effect that the Minister for Local Government and Public Health (hereinafter referred to as " the Minister "), may by order make regulations prescribing any matter or thing which is referred to in the Act or in any section or schedule of the

Seanad Electoral Act, 1928

, applied by the Act, as prescribed or to be prescribed

AND WHEREAS the forms set forth in the Schedule hereto are forms which are referred to in the Act or a section or schedule of the

Seanad Electoral Act, 1928

, applied by the Act, as prescribed or to be prescribed by the Minister for the purposes of a Seanad bye-election

NOW THEREFORE, the Minister in exercise of the powers vested in him by the Act, does by this his Order, order and prescribe as follows, that is to say :—