S.I. No. 261/1949 - Electricity Supply Board (Appointment of Member of Tribunal) (General Employees) Regulations, 1949.

1. (1) After the ballot papers have been mixed in accordance with the Rules contained in the Second Schedule to these Regulations, the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and he shall ascertain the full total number of all valid papers.

2. The returning officer shall then divide the full total number of all valid papers by the number two. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the " quota ".

3. If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

4. (1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon.

(2) (

a

) If the votes credited to the elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(

b

) If the votes credited to the elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the 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.

(

c

) In either of the cases referred to in paragraphs (

a

) and (

b

) of this subsection the returning officer shall make aseparate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers.

(3) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable paper to the continuing candidate indicated thereon as the voters' next available preference

Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(4) (

a

) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers.

(

b

) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate.

(

c

) If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractions shall be ignored.

If two or more fractions are of equal magnitude that fraction shall be deemed to be the largest which arises from the largest sub-parcel and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates, at the first count at which they had an unequal number of votes, and the fraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(

d

) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked, stamped or perforated so as to indicate the number of the count at which the transfer took place.

(5) The returning officer need not necessarily transfer the surplus of the elected candidate when that surplus is less than the difference between the numbers of the votes credited to the two lowest continuing candidates.

5. (1) If at any time no candidate has a surplus, and the vacancy remains unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes, and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with.

(2) If the total of the votes of the two or more lowest candidates is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude those candidates and transfer their votes in accordance with paragraph (1) of this Rule.

(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded, and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

6. Whenever any transfer is made under any of the preceding Rules, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

7. (1) When the surplus (if any) of the elected candidate has been dealt with in accordance with the preceding Rules a list shall be prepared of all the candidates, placing them in the order in which they then stand, or, in the case of candidates who have been eliminated, in the order in which they stood immediately prior to being eliminated.

(2) If two or more candidates are credited with an equal number of votes as the result of the distribution of the surplus (if any) of the elected candidate, regard shall be had to the number of original votes credited to each of those candidates, and the said candidates shall be placed in the list in relation to each other in the order of the number of original votes received by each and, where the numbers of original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the said candidates shall be placed in the list in relation to each other in the order of the number of votes credited to each at such count and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot the order in which their names shall appear in relation to each other in the said list.

8. (1) Any candidate or his nominee may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count : Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.

(2) On any such recount, each paper shall take the same course as at the original counting of the votes.

9. If any question shall arise in relation to the exclusion of any candidate under Rule 5 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final.

10. 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 consecutive numerical order for a continuing candidate.

(5) The expression " non-transferable paper " means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate.

Provided that a paper shall be deemed to have become a non-transferable paper whenever—

(

a

) 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

(

b

) the name of the candidate next in order of preference (whether continuing or not) is marked—

(i) by a number not following consecutively after some other number on the ballot paper ; or

(ii) by two or more numbers ; or

(

c

) it 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 of votes by which the total number of votes, original and transferred credited to any candidate, exceeds the quota.

(9) The expression " count " means—

(

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 the elected candidate ; or

(

c

) all the operations involved in the transfer of the votes of an excluded candidate.

(10) The expression " deemed to be elected " means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll.

(11) The expression " determine by lot " means determine in accordance with the following direction :—

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 candidate or candidates shall, in cases of exclusion be excluded in the order in which their names are drawn, and, in the case of preparation of a list of candidates, be placed in the list in the order in which their names are drawn.

GIVEN under my Official Seal this 28th day of September, 1949.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.

11. No person shall be present at the opening of the ballot box or the counting of the votes save the returning officer and his assistants, such of the candidates and their nominees as choose toattend, and such other persons (if any) as the returning officer may permit to be present.

Procedure on opening of the ballot box.

12. When the ballot box has been opened the returning officer shall do the following things, that is to say :—

(

a

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

(

b

) open the electoral roll envelope, remove therefrom the electoral roll, and compare the number on each covering envelope with the corresponding number in the electoral roll ;

(

c

) if the returning officer finds in respect of any such covering envelope that there is a mark opposite to the said corresponding number in the electoral roll to denote that a ballot paper was issued to the elector bearing that number, he shall open the covering envelope and he shall—

(i) examine the declaration of identity therein and compare the number on the declaration with the number on the covering envelope, and if the numbers do not agree or if he is not satisfied that the declaration has been duly completed and made, he shall endorse the declaration " vote rejected " and attach it to the covering envelope and ballot paper,

(ii) endorse " rejected " any ballot paper which is not accompanied by a declaration of identity and any declaration of identity which is not accompanied by a ballot paper,

(iii) place the ballot paper which was contained in the covering envelope (if it was not duly endorsed " rejected ") in a separate receptacle provided by him for such ballot papers, but if there is no such mark opposite to such corresponding number in the electoral roll, he shall endorse the covering envelope " rejected " and place it unopened in a separate receptacle provided by him for such unopened envelopes.

Preservation of rejected covering envelopes, etc.

13. When all the covering envelopes have been dealt with under the preceding rule the returning officer shall seal up the receptacle containing the unopened covering envelopes marked " rejected " as aforesaid but he shall keep all rejected declarations of identity and attached documents separate from other documents.

Counting of the votes.

14. When the returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said separate receptacle and shall then take the said ballot papers out of the said separate receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Third Schedule to these Regulations, the votes recorded on the said ballot papers.

Rejection of ballot papers and other necessary papers.

15. The returning officer shall show any covering envelope, ballot paper or declaration of identity which he proposes to reject under these rules to the candidates and nominees then present and, if an objection is made by any of them to his decision, he shall add to the endorsement the words " rejection objected to ".

Continuity of proceedings under this Schedule.

16. The returning officer shall so far as practicable proceed continuously with the proceedings under this Schedule subsequent to the opening of the 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 reasons 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.

17. The returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate and nominee attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the form annexed to these Rules to preserve the secrecy of the voting.

Preservation of ballot papers.

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

Retention of documents by the returning officer.

19. The 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 covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, 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 a Court of competent jurisdiction shall have otherwise ordered.

Endorsement of packets by the returning officer.

20. Whenever the returning officer is required by this Schedule 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.

THIRD SCHEDULE.

COUNTING OF THE VOTES.

S.I. No. 261 of 1949.

ELECTRICITY SUPPLY BOARD (APPOINTMENT OF MEMBER OF TRIBUNAL) (GENERAL EMPLOYEES) REGULATIONS, 1949.

WHEREAS the Minister for Industry and Commerce has, before making these Regulations, consulted with such person or persons or organisation or organisations as appeared to him to be representative of general employees in the employment of the Electricity Supply Board

NOW, I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by

section 3

of the

Electricity (Supply) (Amendment) Act, 1949

(No. 12 of 1949), and of every and any other power me in this behalf enabling, hereby make the following Regulations, that is to say :—