SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947

FIRST SCHEDULE. Rules for Conduct of Seanad General Elections.

Rules for Conduct of Seanad General Elections.

Issue of ballot papers.

1. On the day appointed for the issue of ballot papers the Seanad returning officer shall issue, in the manner directed in the following Rules, ballot papers to every elector named on the electoral roll for the election.

Attendance of candidates.

2. Every candidate shall be entitled to attend at the issue of ballot papers for the election, and the Seanad returning officer shall, on the request of any such candidate, inform him of the time and place at which the issue will be made.

Persons present at issue of ballot papers.

3. The Seanad returning officer and his assistants, any candidate and any agent appointed by a candidate, and no other person, except with the permission of the Seanad returning officer, may be present at the issue of ballot papers.

Method of issuing ballot papers.

4. The Seanad returning officer shall issue ballot papers to each elector by doing or causing to be done in respect of such elector the following things in the following order, that is to say:—

(a) the number, name, address, and description of the elector as stated in the electoral roll shall be called out;

(b) the elector's said number shall be marked on the counterfoil of each ballot paper to be sent to him;

(c) a mark shall be placed on the electoral roll opposite the elector's name thereon to indicate that ballot papers have been issued to such elector, but without disclosing the identity of such ballot papers;

(d) the ballot papers shall be marked on both sides with the official mark;

(e) the number on the back of the ballot papers shall be marked upon the outside, and the elector's said number upon the inside, of an envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form;

(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the electoral roll and marked upon the inside with the elector's said number, the following documents, that is to say:—

(i) a ballot paper for each panel, and

(ii) the said ballot paper envelope, and

(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the Seanad returning officer;

(g) the outer envelope shall be effectually closed;

(h) when the foregoing provisions of this Rule have been complied with in respect of all the electors whose names are on the electoral roll, all the said closed outer envelopes shall be collected, counted, and posted.

Issue of duplicate ballot papers.

5. Every request for the issue of duplicate ballot papers shall, when received by the Seanad returning officer, be endorsed by him with the day and hour of the receipt thereof by him and with a consecutive number, and duplicate ballot papers issued in pursuance of any such request shall be issued in accordance with the provisions of the foregoing Rule so far as the same are applicable save that, in lieu of the number on the electoral roll, there shall be marked on the counterfoils of such ballot papers the consecutive number endorsed on the request in pursuance of which such ballot papers are issued and that when such ballot papers have been issued the said request shall be disposed of in like manner as the marked copy of the electoral roll is required by these Rules to be disposed of.

Posting of ballot papers.

6. The Seanad returning officer shall post the said closed outer envelopes by delivering them to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster at such office shall stamp with the post office date stamp a form of receipt to be presented by the Seanad returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by registered post for delivery to the persons to whom they are addressed.

Preservation of electoral roll and counterfoils.

7. The Seanad returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of such candidates and agents as are in attendance, shall make up in separate packets, sealed with his own seal and sealed by such of the said candidates or agents as desire to affix their seals, the marked copy of the electoral roll and the counterfoils of the ballot papers.

Procedure in connection with marking of ballot papers.

8. (1) The following procedure shall be followed in connection with the marking of ballot papers:—

(a) the elector in the presence of an authorised person (no other person being present) shall do the following things in the following order:—

(i) he shall produce to the authorised person the following documents sent to him under these Rules:—

(I) the outer envelope,

(II) the ballot papers (as respects which the authorised person shall satisfy himself that they are five in number, that they are unmarked and as to whether they are or are not duplicate ballot papers),

(III) the covering envelope,

(IV) the ballot paper envelope,

(ii) the elector shall mark the number which is on the back of the ballot papers on a form of declaration of identity in the prescribed form furnished to him by the authorised person and which, in case such ballot papers are duplicates, shall be marked by the authorised person with the word ‘duplicate’,

(iii) the elector shall make and complete the said form of declaration of identity,

(iv) the elector shall hand the declaration of identity to the authorised person who, if he is satisfied that the person who made it is the person to whom the outer envelope is addressed, shall sign it and return it to the elector,

(v) the elector shall mark one or more than one of such ballot papers,

(vi) the elector shall place the ballot papers, whether marked or unmarked, in the ballot paper envelope,

(vii) the elector shall place the ballot paper envelope and the declaration of identity in the covering envelope and shall effectually close the covering envelope,

(viii) the elector shall hand the covering envelope to the authorised person,

(b) the authorised person, on being handed the covering envelope, shall affix thereto in the prescribed manner a label in the prescribed form and, if he is satisfied that it is proper to sign the certificate appearing on the label, shall sign that certificate and shall then return the covering envelope to the elector.

(2) For the purposes of this Rule, each of the following persons shall be an authorised person

(a) the Seanad returning officer,

(b) the Clerk of Dáil Éireann,

(c) the county registrar for the county or county borough in which is situate the premises the address of which is stated on the outer envelope,

(d) the sheriff (if any) for the said county or county borough,

(e) the under-sheriff (if any) for the said county or county borough,

(f) 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.

Seanad ballot box.

9. The Seanad returning officer shall provide a ballot box marked “Seanad ballot box” for the reception of the covering envelopes when returned by the voters, and on the completion of the issue of the ballot papers the Seanad returning officer shall show such ballot box open and empty to the candidates and agents (if any) present, and shall seal such ballot box with his seal and shall make provision for the safe custody of such ballot box.

Disposal of covering envelopes on receipt.

10. The Seanad returning officer shall forthwith place unopened in the Seanad ballot box every covering envelope received by him before the close of the poll and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

Notice of counting of votes.

11. Not less than three days before the close of the poll, the Seanad returning officer shall send by post to every candidate at his address as stated in the panels of candidates notice in writing of the time and place at which he will open the Seanad ballot box and count the votes.

Opening of Seanad ballot box.

12. As soon as conveniently may be after the close of the poll, the Seanad returning officer shall open the Seanad ballot box and count the votes.

Persons present at counting of votes.

13. The Seanad returning officer and his assistants, any candidate and any agent appointed by a candidate, and no other person, except with the permission of the Seanad returning officer, may be present at the opening of the Seanad ballot box or the counting of the votes.

Procedure on opening of Seanad ballot box.

14. When the Seanad ballot box has been opened the Seanad returning officer shall do the following things:—

(a) take all the covering envelopes out of the Seanad ballot box and count and note the number thereof;

(b) examine separately each such covering envelope and mark with the word “rejected” any such covering envelope—

(i) which is not registered,

(ii) to which there is not affixed in the prescribed manner the label provided for by Rule 8 of these Rules bearing a certificate duly completed by an authorised person within the meaning of that Rule,

(iii) which is open, or

(iv) which in his opinion has been opened after it was first closed, or has been attempted to be opened after it was closed;

(c) open each such covering envelope not marked as aforesaid and segregate any of those envelopes containing a declaration of identity marked “duplicate”;

(d) take up separately each of the said covering envelopes not so segregated and examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope;

(e) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles;

(f) if he is not satisfied that the declaration of identity has been duly completed and made, he shall mark the declaration of identity with the words “vote rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot papers or paper;

(g) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if there are five ballot papers therein and the number thereon agrees with the number on the declaration of identity, he shall place the ballot papers respectively in the appropriate one of the special receptacles provided by him for ballot papers;

(h) where there are five ballot papers and the number on the ballot papers does not agree with the number on the declaration of identity, he shall replace the ballot papers in their envelope, if any, attach such envelope or ballot papers (as the case may be) to the declaration of identity, and endorse the declaration of identity ‘vote rejected’;

(i) if the number of ballot papers is not five, he shall replace the ballot papers or paper in their or its envelope (if any), attach such envelope or ballot papers or paper (as the case may be) to the declaration of identity and endorse the declaration of identity “vote rejected”;

(j) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity, he shall deal with such declaration and ballot paper envelope in accordance with the foregoing provisions of this Rule;

(k) he shall mark with the word ‘rejected’ every declaration of identity which is not accompanied by a ballot paper or which does not bear the number of a ballot paper and every ballot paper which is not accompanied by a declaration of identity;

(l) when all the said covering envelopes not so segregated have been dealt with under the foregoing provisions of this Rule, he shall take up separately each of the said covering envelopes segregated as containing, a declaration of identity marked ‘duplicate’, examine the declaration of identity therein and ascertain whether a declaration of identity in respect of the same person has or has not been previously examined under this Rule;

(m) if a declaration of identity in respect of the same person has been previously examined under this Rule, he shall mark the declaration marked ‘duplicate’ with the words ‘vote rejected’ and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot papers or paper;

(n) if a declaration of identity in respect of the same person has not been previously examined under this Rule, he shall deal with the declaration marked ‘duplicate’ and the ballot paper envelope and ballot papers or paper accompanying the same in accordance with the foregoing provisions of this Rule other than the two last preceding paragraphs thereof.

Ballot papers or declaration not in proper envelope.

15. Where ballot papers and a declaration of identity are received together, such ballot papers shall not be rejected solely on the ground that such ballot papers are not in the ballot paper envelope, such declaration is in the ballot paper envelope or the ballot paper envelope is not closed.

Rejection of covering envelope.

16. The Seanad returning officer shall show any covering envelope which he proposes to reject to the candidates and agents (if any) present, and if an objection is made by any such candidate or agent to his decision shall add to the endorsement the words “rejection objected to”.

Separation of rejected covering envelopes.

17. The Seanad returning officer shall keep all rejected covering envelopes separate from all other documents.

Rejection of declarations of identity.

18. The Seanad returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made or that it does not bear the number of a ballot paper to the candidates and, agents (if any) present, and if an objection is made by any such candidate or agent to his decision shall add to the endorsement the words “rejection objected to”.

Separation of rejected declarations.

19. The Seanad returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents.

Opening of ballot paper envelopes.

20. (1) When all the covering envelopes (other than covering envelopes rejected) in the Seanad ballot box have been opened and their contents dealt with under the preceding Rules, the Seanad returning officer shall open each unopened ballot paper envelope.

(2) When such envelopes have been opened, the Seanad returning officer shall, as respects each envelope, ascertain whether it contains five ballot papers and, if the number of ballot papers in any envelope is not five, he shall replace the ballot papers or paper in the envelope and mark them “rejected”.

(3) As respects each such envelope which contains five ballot papers, the Seanad returning officer shall compare the number on the envelope with the number on the ballot papers, and if the number on the envelope and the number on the ballot papers agree, he shall place the ballot papers respectively in the appropriate one of the special receptacles provided by him for ballot papers, but if the number on the envelope and the number on the ballot papers do not agree, the Seanad returning officer shall fasten such ballot papers and such envelope together and mark them “rejected”.

Preservation of covering envelopes, declarations, ballot papers, etc.

21. As soon as the Seanad returning officer has completed the placing of the ballot papers in the special receptacles, he shall seal up in separate packets (1) any rejected covering envelopes; (2) the declarations of identity which accompanied any ballot papers duly accepted; (3) any rejected declarations of identity; and (4) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto.

Counting the ballot papers.

22. When the Seanad returning officer has complied with the foregoing Rules of this Schedule, he shall, as respects each of the special receptacles provided by him for ballot papers, mix together thoroughly the ballot papers therein and shall, in respect of each panel, count, in accordance with the Rules contained in the Second Schedule to this Act, the votes recorded on ballot papers relating to such panel.

Record of covering envelopes received.

23. As soon as conveniently may be after the counting of the votes is completed, the Seanad returning officer shall, as respects each elector from whom he received a covering envelope, place a mark on a copy of the electoral roll (which copy the Seanad returning officer shall not show to any person save by the authority of a court of justice) and, in the case of an elector from whom he received a covering envelope containing no ballot paper, one ballot paper only or a number, other than five, of ballot papers, the mark shall be a distinctive mark indicating that fact.

Rejection of invalid ballot papers.

24. The Seanad returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid and if an objection be made by any candidate or agent to his decision rejecting the ballot paper, he shall add to the said endorsement “rejection objected to”.

Continuity of proceedings.

25. The Seanad returning officer shall, so far as practicable, proceed continuously with the proceedings under these Rules subsequent to the opening of the special post office receptacles and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time or other reason appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting, he shall take all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy.

26. The Seanad returning officer and each of his assistants taking part in any of the proceedings under these Rules or the counting of the votes and every candidate and agent attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting.

Certificate of result of the poll.

27. As soon as the counting of the votes is completed, the Seanad returning officer shall prepare in duplicate in respect of each panel a certificate in the prescribed form setting out the names of the candidates elected from such panel, the total number of votes given for each candidate (whether elected or not), every transfer of values made under this Act, and the total value credited to each candidate at the end of the count at which each such transfer took place, and such other matters as may be prescribed, and the Seanad returning officer shall then sign the said duplicate certificate and shall send one such duplicate to the Clerk of Dáil Eireann and shall retain the other.

Publication of result of election.

28. The Seanad returning officer shall also prepare and publish in the Iris Oifigiúil a statement in the prescribed form of the names of the candidates elected from each panel.

Preservation of ballot papers

29. Upon the completion of the counting of the votes, the Seanad returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.

Retention of documents by Seanad returning officer.

30. The Seanad returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the electoral roll, the counterfoils of the ballot papers, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal has otherwise ordered.

Inspection of sealed packets.

31. No person shall be allowed to inspect any of the said sealed packets retained by the Seanad returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal.

Authority for inspection of sealed packets.

32. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require, but on any such inspection care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid.

Compliance with orders of election tribunal.

33. The Seanad returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets.

Conclusiveness of production by Seanad returning officer.

34. Where an order is made by an election tribunal for the production by the Seanad returning officer of any document or packet of documents in his possession under these Rules and relating to a specified election, the production by the Seanad returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relates to the said specified election and the endorsement made by the Seanad returning officer in pursuance of these Rules on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be.

Evidence of voting.

35. The production by the Seanad returning officer of a ballot paper purporting to have been used at any election conducted under these Rules and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by such ballot paper was the person whose number on the electoral roll relating to such election was the same as the number so marked on such counterfoil.

Endorsement of packets by Seanad returning officer.

36. Whenever the Seanad returning officer is required by these Rules to seal up any documents in a separate packet, he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.

Election tribunal.

37. In these Rules, the expression “election tribunal” means a court lawfully having cognisance of petitions complaining of undue return or undue election at the relevant election.

SECOND SCHEDULE. Rules for Counting of Votes.

Rules for Counting of Votes.

Rejection of invalid ballot papers.

1. The Seanad returning officer shall reject any ballot papers that are invalid.

The order of preferences.

2. The Seanad returning officer shall then ascertain the number of first preferences recorded on the ballot papers for each candidate, and shall then arrange the candidates on a list (hereinafter called “the order of preferences”) in the order of the number of first preferences recorded for each candidate, beginning with the candidate for whom the greatest number of first preferences is recorded. If the number of first preferences recorded for any two or more candidates (hereinafter called “equal candidates”) is equal, the Seanad returning officer shall ascertain the number of second preferences recorded on all the ballot papers for each of the equal candidates, and shall arrange the equal candidates as amongst themselves on the order of preferences in the order of the second preferences recorded for each such candidate, beginning with the candidate for whom the greatest number of second preferences is recorded. If the number of first and second preferences recorded for any two or more equal candidates is equal, the Seanad returning officer shall, in like manner, ascertain the number of third preferences recorded on all the ballot papers for each of such last-mentioned equal candidates, and arrange such candidates on the order of preferences accordingly, and so on until all the candidates are arranged in order on the order of preferences. If the number of first, second, third, and all other preferences recorded for any two or more equal candidates is equal the Seanad returning officer shall determine by lot the order in which such candidates are to be arranged on the order of preferences.

Arrangement of ballot papers in parcels.

3. The Seanad returning officer shall then arrange the valid ballot papers in parcels, according to the first preferences recorded for each candidate.

Value of each ballot paper.

4. For the purpose of facilitating the processes prescribed by these Rules, each valid ballot paper shall be deemed to be of the value of one thousand.

Crediting values of first preferences.

5. The Seanad returning officer shall then count the number of ballot papers in each parcel, and in accordance with the preceding Rule credit each candidate with the value of the valid ballot papers on which a first preference has been recorded for such candidate.

Ascertainment of quota.

6. The Seanad returning officer shall then add together the values in all the parcels and divide the full total value by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the value sufficient to secure the return of a candidate. This value is in this Schedule called the “quota”.

Candidates with quota deemed elected.

7. If, at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate or of a candidate deemed not to be a continuing candidate, the value credited to a candidate is equal to or greater than the quota, that candidate shall, subject to the provisions of the subsequent Rules, be deemed to be elected.

Transfer of surplus.

8. (1) If at the end of any count the value credited to a candidate (in this Rule referred to as the elected candidate) is greater than the quota, the surplus shall be transferred to the continuing candidate or candidates indicated on the voting papers in the parcel or sub-parcel of the elected candidate according to the next available preferences recorded thereon, and the following provisions shall apply to the making of such transfer

(a) if the value credited to the elected candidate arises out of original votes only, the Seanad returning officer shall examine all the ballot papers in the parcel of the elected candidate and shall arrange the transferable papers therein in sub-parcels according to the next available preferences recorded thereon and shall make a separate sub-parcel of the non-transferable papers;

(b) if the value credited to the elected candidate arises partly out of original and partly out of transferred votes or out of transferred votes only, the Seanad returning officer shall examine the ballot papers contained in the sub-parcel last received by the elected candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon and shall make a separate sub-parcel of the non-transferable papers;

(c) in either of the cases referred to in the foregoing subparagraphs (a) and (b) the Seanad returning officer shall ascertain the number of ballot papers and their total value in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers;

(d) if the total value of the papers in all the sub-parcels of transferable papers is equal to or less than the said surplus, the Seanad returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, each paper being transferred at the value at which it was received by the elected candidate, and (where the said total value is less than the said surplus) the non-transfer able papers shall be set aside as not effective, at a value which is equal to the difference between the said surplus and the said total value;

(e) if the total value of the papers in all the sub-parcels of transferable papers is greater than the said surplus, the Seanad returning officer shall transfer each paper in such sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of transferable papers, fractional remainders being disregarded except that the consequential loss of value shall be noted on the result sheet;

(f) a surplus which arises on the completion of any count shall be dealt with before a surplus which arises at a subsequent count;

(g) when two or more surpluses arise out of the same count, the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude,

(h) if two or more candidates have an equal surplus arising out of the same count, the surplus of the candidate credited with the greatest value at the earliest count at which the values credited to those candidates were unequal shall be first dealt with, and where the values credited to such candidates were equal at all counts, the Seanad returning officer shall deal first with the surplus of the candidate who is highest in the order of preferences.

(2) If two or more candidates are each credited with a value of votes equal to or greater than the quota, the candidate credited with the greatest value of votes shall be deemed to have been elected before a candidate credited with a lesser value of votes.

(3) Whenever the number of candidates on a sub-panel who have been deemed to be elected is equal to the maximum number of candidates that could at that time be elected in respect of such sub-panel, no further candidate shall be deemed to be elected in respect of that sub-panel and the values of the votes of the remaining candidates on such sub-panel shall be transferred before any other transfer is made.

(4) If the values of votes credited to two or more candidates on a sub-panel are equal and all such candidates may not by reason of paragraph (3) of this Rule be deemed to be elected, the first of such candidates to be deemed to be elected shall be the candidate credited with the greatest value of votes at the earliest count, beginning with the first, at which the values of votes credited to such candidates were unequal. If the values of votes are equal at all counts, the candidate highest in order of preferences shall be deemed to be credited with the greatest value of votes.

The values of votes of the remaining candidates shall then be transferred in the same manner as in the case of a transfer on the exclusion of a candidate, the values of votes of the candidate credited with the greatest number of votes being transferred first.

Exclusion of candidates.

9. (1) If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the Seanad returning officer shall exclude the candidate (in this Rule referred to as the excluded candidate) then credited with the lowest value and shall transfer his papers to the continuing candidates respectively indicated on the ballot papers in the parcel or sub-parcels of the excluded candidate as the voter's next available preference, and shall credit such continuing candidates with the value of the papers so transferred, and the following provisions shall apply to the making of such transfer

(a) the parcel containing original votes shall first be transferred, the transfer value of each paper being one thousand;

(b) the sub-parcels containing transferred votes shall then be transferred in the order in which and at the value of which the excluded candidate obtained them;

(c) for the purpose of determining whether a candidate is a continuing candidate the transfer of each parcel or sub-parcel shall be regarded as a separate count;

(d) in the transfer of each parcel or sub-parcel, a separate sub-parcel shall be made of the non-transferable papers which shall be set aside at the value at which the excluded candidate obtained them;

(e) if, when a candidate has to be excluded under this Rule, two or more candidates are each then credited with the same value and are lowest regard shall be had to the total value of original votes credited to each of those candidates and the candidate with the smallest such total value shall be excluded, and where such total values are equal regard shall be had to the total value of votes credited to each of those candidates at the earliest count at which they had unequal values, and the candidates with the smallest such total value at that count shall be excluded, and if those candidates were each credited with the same total value of votes at all counts that one of those candidates who is lowest in the order of preferences shall be excluded.

(2) A candidate on a sub-panel shall not be excluded under this Rule if the number of candidates deemed to be elected to the sub-panel plus the number of continuing candidates thereon, if such candidate were excluded, would be less than the minimum number required to be elected from the sub-panel.

(3) If the value of votes credited to two or more candidates is equal, the candidate first to be excluded shall be the candidate credited with the smallest value of votes at the earliest count, beginning with the first, at which the values of votes were unequal, and if the values of votes were equal at all counts, the candidate lowest in the order of preferences shall be first excluded.

Disposal of papers on transfer.

10. On every transfer made under these Rules, each sub-parcel of papers transferred shall be placed on top of the parcel or sub-parcel (if any) of papers of the candidate to whom the transfer is made and that candidate shall be credited with the value ascertained in accordance with these Rules of the papers so transferred to him.

Filling the last vacancies.

11. (1) If at the end of any count the number of candidates deemed to be elected is equal to the number of vacancies to be filled, no further transfer shall be made.

(2) When at the end of any count the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(3) When only one vacancy remains unfilled and the value credited to some one continuing candidate exceeds the total of the values credited to the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(4) When the last vacancies can be filled under this Rule, no further transfer shall be made.

Result sheet.

12. At the end of every count the Seanad returning officer shall record on a result sheet in the prescribed form the total of the values credited to each candidate at the end of that count and also the value of the non-transferable papers not effective on that count and the loss of value on that count owing to disregard of fractions.

Precautions for preservation of secrecy.

13. While the votes are being counted the ballot papers shall so far as it is practicable be kept face upwards and all proper precautions shall be taken by the Seanad returning officer for preventing the numbers on the backs of the ballot papers being seen.

Recount.

14. (1) Any candidate or his agent may, at the conclusion of any count, request the Seanad returning officer to re-examine and recount all or any of the ballot papers dealt with during that count, and the Seanad returning officer shall forthwith re-examine and recount accordingly the ballot papers indicated.

(2) The Seanad returning officer may at his discretion recount ballot papers either once or more often in any case in which he is not satisfied as to the accuracy of any count.

(3) Nothing in this Rule shall make it obligatory on the Seanad returning officer to recount the same parcel of ballot papers more than once.

Definitions.

15. In these Rules—

(1) the expression “continuing candidate” means any candidate not deemed to be elected and not excluded;

(2) the expression “first preference” means the figure “1” standing alone, the expression “second preference” means the figure “2” standing alone in succession to the figure “1”, and the expression “third preference” means the figure “3” standing alone in succession to the figures “1” and “2” set opposite the name of any candidate, and so on;

(3) the expression “next available preference” means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored;

(4) the expression “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in numerical order for a continuing candidate

(5) the expression “non-transferable paper” means a ballot paper—

(a) on which no second or subsequent preference is recorded for a continuing candidate; or

(b) on which the names of two or more candidates (whether continuing or not) are marked with the same number, and are next in order of preference; or

(c) on which the name of the candidate next in order of preference (whether continuing or not) is marked by a number not following consecutively after some other number on the voting paper or by two or more numbers; or

(d) which is void for uncertainty;

(6) the expression “original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate

(7) the expression “transferred vote” in regard to any candidate means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate;

(8) the expression “surplus” means the number by which the total value of the votes, original and transferred, credited to any candidate exceeds the quota;

(9) the expression “count” means (as the context may require) either—

(a) all the operations involved in the counting of the first preferences recorded for candidates; or

(b) all the operations involved in the transfer of the surplus of an elected candidate; or

(c) all the operations involved in the transfer of the votes of an excluded candidate; or

(d) the transfer in pursuance of these Rules of the papers of a candidate deemed not to be a continuing candidate;

(10) the expression “deemed to be elected” means deemed to be elected for the purpose of counting, but without prejudice to the declaration of the result of the election;

(11) the expression “determine by lot” means determine in accordance with the following directions, that is to say:—

the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidates concerned shall as amongst themselves be arranged on the order of preferences in the order in which the slips containing their names are drawn, beginning with the candidate whose name is on the slip drawn first.

THIRD SCHEDULE. Rules for Conduct of Seanad Bye-election for Oireachtas Sub-panel Casual Vacancy.

Rules for Conduct of Seanad Bye-election for Oireachtas Sub-panel Casual Vacancy.

Issue of ballot papers.

1. On the day appointed for the issue of ballot papers the Seanad returning officer shall issue, in the manner directed in the following Rules a ballot paper to every elector named on the electoral roll for the election.

Attendance of candidates.

2. Every candidate shall be entitled to attend at the issue of ballot papers for the election, and the Seanad returning officer shall, on the request of any such candidate, inform him of the time and place at which the issue will be made.

Persons present at issue of ballot papers.

3. The Seanad returning returning officer and his assistants, any candidate and any agent appointed by a candidate, and no other person, except with the permission of the Seanad returning officer, may be present at the issue of ballot papers.

Method of issuing ballot papers.

4. The Seanad returning officer shall issue a ballot paper to each elector by doing or causing to be done in respect of such elector the following things in the following order, that is to say

(a) the number, name, address, and description of the elector as stated in the electoral roll shall be called out;

(b) the elector's said number shall be marked on the counterfoil of the ballot paper to be sent to him;

(c) a mark shall be placed on the electoral roll opposite the elector's name thereon to indicate that a ballot paper has been issued to such elector, but without disclosing the identity of such ballot paper;

(d) the ballot paper shall be marked on both sides with the official mark;

(e) the number on the back of the ballot paper shall be marked upon a form of declaration of identity and upon an envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form;

(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the electoral roll the following documents, that is to say:—

(i) a ballot paper, and

(ii) the said form of declaration of identity, and

(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the Seanad returning officer, and

(iv) the said ballot paper envelope;

(g) the outer envelope shall be effectually closed;

(h) when the foregoing provisions of this Rule have been complied with in respect of all the electors whose names are on the electoral roll, all the said closed outer envelopes shall be collected, counted, and posted.

Issue of duplicate ballot papers.

5. Every request for the issue of a duplicate ballot paper shall, when received by the Seanad returning officer, be endorsed by him with the day and hour of the receipt thereof by him and with a consecutive number, and every duplicate ballot paper issued in pursuance of any such request shall be issued in accordance with the provisions of the foregoing Rule so far as the same are applicable save that, in lieu of the number on the electoral roll, there shall be marked on the counterfoil of such ballot paper the consecutive number endorsed on the request in pursuance of which such ballot paper is issued and that when such ballot paper has been issued the said request shall be disposed of in like manner as the marked copy of the electoral roll is required by these Rules to be disposed of.

Posting of ballot papers.

6. The Seanad returning officer shall post the said closed outer envelopes by delivering them to the nearest head post office, or such other office as may be arranged with the head post-master, and the post-master at such office shall stamp with the post office date stamp a form of receipt to be presented by the Seanad returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by registered post for delivery to the persons to whom they are addressed.

Preservation of electoral roll and counterfoils.

7. The Seanad returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of such candidates and agents as are in attendance, shall make up in separate packets, sealed with his own seal and sealed by such of the said candidates or agents as desire to affix their seals, the marked copy of the electoral roll and the counterfoils of the ballot papers.

Seanad ballot box.

8. The Seanad returning officer shall provide a ballot box marked “Seanad ballot box” for the reception of the covering envelopes when returned by the voters, and on the completion of the issue of the ballot papers the Seanad returning officer shall show such ballot box open and empty to the candidates and agents (if any) present, and shall seal such ballot box with his seal and shall make provision for the safe custody of such ballot box.

Disposal of covering envelopes on receipt.

9. The Seanad returning officer shall forthwith place unopened in the Seanad ballot box every covering envelope received by him before the close of the poll and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

Notice of counting of votes.

10. Not less than three days before the close of the poll, the Seanad returning officer shall send by post to every candidate at his address as stated in the list of candidates notice in writing of the time and place at which he will open the Seanad ballot box and count the votes.

Opening of Seanad ballot box.

11. As soon as conveniently may be after the close of the poll, the Seanad returning officer shall open the Seanad ballot box and count the votes.

Persons present at counting of votes.

12. The Seanad returning officer and his assistants, any candidate and any agent appointed by a candidate, and no other person, except with the permission of the Seanad returning officer, may be present at the opening of the Seanad ballot box or the counting of the votes.

Procedure on opening of Seanad ballot box.

13. When the Seanad ballot box has been opened the Seanad returning officer shall do the following things;

(a) take all the covering envelopes out of the Seanad ballot box and count and note the number thereof;

(b) open each such covering envelope and segregate any of those envelopes containing a declaration of identity issued as a duplicate form of declaration of identity;

(c) take up separately each of the said covering envelopes not so segregated, examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope;

(d) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles;

(e) if he is not satisfied that the declaration of identity has been duly completed and made, he shall endorse the declaration of identity “vote rejected,” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is not such envelope, the ballot paper;

(f) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on the ballot paper agrees with the number on the declaration of identity, he shall place the ballot paper in the special receptacle provided by him for ballot papers;

(g) where the number on the ballot paper does not agree with the number on the declaration of identity, he shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper (as the case may be) to the declaration of identity, and endorse the the declaration of identity “vote rejected”;

(h) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity, he shall deal with such declaration and ballot paper envelope in accordance with the foregoing provisions of this Rule;

(i) he shall mark with the word “rejected” every declaration of identity which is not accompanied by a ballot paper, and every ballot paper which is not accompanied by a declaration of identity;

(j) when all the said covering envelopes not so segregated have been dealt with under the foregoing provisions of this Rule, he shall take up separately each of the said covering envelopes segregated as containing a declaration of identity issued as a duplicate form of declaration of identity, examine the declaration of identity therein (hereinafter referred to as the duplicate declaration) and ascertain whether a declaration of identity in respect of the same person has or has not been previously examined under this Rule

(k) if a declaration of identity in respect of the same person has been previously examined under this Rule, he shall mark the duplicate declaration “vote rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper;

(l) if a declaration of identity in respect of the same person has not been previously examined under this Rule, he shall deal with the duplicate declaration and the ballot paper envelope and ballot paper accompanying the same in accordance with the foregoing provisions of this Rule other than the two last preceding paragraphs thereof.

Ballot paper and declaration not in proper envelopes.

14. Where a ballot paper and a declaration of identity are received together and the numbers on such ballot paper and on such declaration agree, such ballot paper shall not be rejected solely on the ground that such ballot paper and such declaration were not placed in the proper envelopes or that any of such envelopes were not fastened.

Rejection of declarations of identity.

15. The Seanad returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates and agents (if any) present, and if an objection is made by any such candidate or agent to his decision shall add to the endorsement the words “rejection objected to”.

Separation of rejected declarations.

16. The Seanad returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents.

Opening of ballot paper envelopes.

17. When all the covering envelopes in the Seanad ballot box have been opened and their contents dealt with under the preceding Rules, the Seanad returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper, and if the number on the envelope and the number on the ballot paper agree, he shall place the ballot paper in the special receptacle provided by him for ballot papers, but if the number on the envelope and the number on the ballot paper do not agree, the Seanad returning officer shall fasten such ballot paper and such envelope together and mark them “rejected”.

Preservation of declarations, ballot papers, etc.

18. As soon as the Seanad returning officer has completed the placing of the ballot papers in the said special receptacle, he shall seal up in separate packets (1) the declarations of identity which accompanied any ballot papers duly accepted; (2) any rejected declarations of identity; and (3) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto.

Counting the ballot papers.

19. When the Seanad returning officer has complied with the foregoing Rules of this Schedule, he shall mix together thoroughly the ballot papers contained in the special receptacle provided by him for ballot papers and shall count, in accordance with the Rules contained in the Second Schedule to this Act, the votes recorded on such ballot papers.

Rejection of invalid ballot papers.

20. The Seanad returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid and if an objection be made by any candidate or agent to his decision rejecting the ballot paper, he shall add to the said endorsement “rejection objected to”.

Continuity of proceedings.

21. The Seanad returning officer shall, so far as practicable, proceed continuously with the proceedings, under these Rules subsequent to the opening of the Seanad ballot box and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time, or other reason appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting, he shall take all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy.

22. The Seanad returning officer and each of his assistants taking part in any of the proceedings under these Rules or the counting of the votes and every candidate and agent attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting.

Certificate of result of the poll.

23. As soon as the counting of the votes is completed, the Seanad returning officer shall prepare in duplicate a certificate in the prescribed form setting out the name of the candidate elected, the total number of votes given for each candidate (whether elected or not), every transfer of values made under this Act, and the total value credited to each candidate at the end of the count at which each such transfer took place, and such other matters as may be prescribed, and the Seanad returning officer shall then sign the said duplicate certificate and shall send one such duplicate to the Clerk of Dáil Eireann and shall retain the other.

Publication of result of election

24. The Seanad returning officer shall also prepare and publish in the Iris Oifigiúil a statement in the prescribed form of the name of the candidate elected.

Preservation of ballot papers.

25. Upon the completion of the counting of the votes, the Seanad returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.

Retention of documents by Seanad returning officer.

26. The Seanad returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the electoral roll, the counterfoils of the ballot papers, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal has otherwise ordered.

Inspection of sealed packets

27. No person shall be allowed to inspect any of the said sealed packets retained by the Seanad returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal.

Authority for inspection of sealed packets.

28. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require, but on any such inspection care shall be taken that the mode in which in any particular elector has voted shall not be discovered until he has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid.

Compliance with orders of election tribunal.

29. The Seanad returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets.

Conclusiveness of production by Seanad returning officer.

30. Where an order is made by an election tribunal for the production by the Seanad returning officer of any document or packet of documents in his possession under these Rules and relating to a specified election, the production by the Seanad returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relates to the said specified election and the endorsement made by the Seanad returning officer in pursuance of these Rules on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be.

Evidence of voting.

31. The production by the Seanad returning officer of a ballot paper purporting to have been used at any election conducted under these Rules and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by such ballot paper was the person whose number on the electoral roll relating to such election was the same as the number so marked on such counterfoil.

Endorsement of packets by Seanad returning officer.

32. Whenever the Seanad returning officer is required by these Rules to seal up any documents in a separate packet, he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.

Election tribunal.

33. In these Rules, the expression “election tribunal” means a court lawfully having cognisance of petitions complaining of undue return or undue election at the relevant election.