Local Elections Regulations, 1965.

Statutory Instrument No.128/1965
Date11 June 1965

S.I. No. 128 of 1965.

LOCAL ELECTIONS REGULATIONS, 1965.

CONTENTS.

PART I.

Preliminary and General.

1. Citation.

2. Interpretation.

3. Forms.

4. Returning officer.

5. General duty of returning officer.

6. Deputy returning officers.

7. Election office.

8. Expenses of returning officer.

9. Officers not to act as agents of candidates, further candidatures etc.

10. Mutual assistance.

11. General provisions as to agents.

12. Publication of notices.

13. Provision for Sundays, public holidays, etc.

PART II.

Nominations.

14. Notice of election.

15. Register of political parties.

16. Nomination of candidates.

17. Deposit by candidates.

18. Return or disposal of deposit.

19. Times for receiving nominations.

20. Delivery of nomination papers.

21. Selection of nomination papers.

22. Ruling on validity of nomination papers.

23. Publication of nominations.

24. Withdrawal of candidature.

25. Publication of withdrawal.

26. Obstruction of nominations.

27. Procedure after nominations.

PART III.

Death of a Candidate.

28. Death of a candidate.

PART IV.

The Poll.

29. Notice of the poll.

30. Ballot papers.

31. The official mark.

32. Ballot boxes.

33. Issue of postal ballot papers.

34. Reception and custody of postal ballot papers.

35. Polling cards.

36. Use of schools and public premises for taking the poll.

37. Polling stations.

38. Presiding officers and poll clerks.

39. Advance polling on islands.

40. Opening of the poll.

41. Admission to polling station.

42. Voting by electors employed by returning officer.

43. Procedure for voting.

44. Spoilt ballot papers.

45. Voting by blind, incapacitated, and illiterate electors.

46. Questions and oath to voters at election.

47. Alleged personation.

48. Arrest of person committing personation.

49. Maintenance of order in polling station.

50. Obstruction of the poll.

51. Damage to polling station.

52. Destruction, etc. of ballot boxes or ballot papers.

53. Close of the poll.

PART V.

The Counting of the Votes.

CHAPTER I.

Documents relating to Postal Voters.

54. Opening of postal ballot boxes.

55. Examination of documents received from postal voters.

56. Procedure as respects documents relating to postal voters.

57. Postal votes to be counted.

CHAPTER II.

Arrangements for the Counting of the Votes.

58. Place for the counting of the votes.

59. Attendance at the counting of the votes.

60. Preliminary proceedings.

61. Time for the counting of the votes.

62. Conduct of the counting of the votes.

CHAPTER III.

Rules for the Counting of the Votes.

63. Definitions (Part V, Chapter III).

64. Invalid ballot papers.

65. First count.

66. The quota.

67. Transfer of surplus.

68. Exclusion of candidate.

69. Transfer of votes.

70. Filling of last vacancies.

71. Recount.

72. Order of election of candidates.

73. Declaration of the result of the poll.

74. Decisions of returning officer.

CHAPTER IV.

Result of Election.

75. Return of persons elected.

76. Person elected for more than one local electoral area.

77. Aldermen and councillors.

CHAPTER V.

Retention, Inspection and Disposal of Documents.

78. Retention and disposal of documents by returning officer.

79. Inspection of ballot papers, counterfoils, etc.

80. Inspection of other documents.

PART VI.

Meetings and Term of Office of Members of Local Authorities.

81. Annual and quarterly meetings of local authorities.

82. Failure to hold annual or quarterly meeting.

83. First business at annual or quarterly meeting.

84. Members of joint committees and joint boards.

85. Term of office of members of local authorities.

86. Resignation of members.

87. Casual vacancies.

PART VII.

Electoral Offences.

88. Bribery.

89. Personation.

90. Undue influence.

91. Breach of secrecy.

92. Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks, etc.

93. Disorderly conduct at election meeting.

94. Omission of name and address of printer and publisher from election documents.

95. Nominating or withdrawing a candidate without consent.

96. Forged certificate of political affiliation.

97. False declaration on nomination paper.

98. Officer acting as agent of candidate or furthering a candidature.

99. Obstruction of nomination or poll.

100. Personation agent leaving polling station without permission.

101. Unlawful marking of ballot papers by persons acting as companions.

102. False statement of withdrawal or death of a candidate.

103. Misleading statement as to process of voting.

104. Limitation of time for prosecution of offence.

105. Penalties.

106. Compensation where charge of personation is unjustly made or not prosecuted.

107. Damages for breach of duty by officers, etc.

108. Certificate of returning officer prima facie evidence.

Schedule.

Form L.E. 1. Nomination paper.

Form L.E. 2. Certificate of political affiliation.

Form L.E. 3. Ballot paper.

Form L.E. 4. Polling card.

S.I. No. 128 of 1965.

LOCAL ELECTIONS REGULATIONS, 1965.

The Minister for Local Government in exercise of the powers conferred on him by sections 82 , 83 and 86 of the Electoral Act, 1963 , (No. 19 of 1963) hereby makes the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:—

PART I Preliminary and General

1 Citation.

1. These Regulations may be cited as the Local Elections Regulations, 1965.

2 Interpretation.

2.—(1) In these Regulations, except so far as the context otherwise requires—

" the Minister " means the Minister for Local Government ;

" the Act " means the Electoral Act, 1963 ;

" area of the local authority " means the functional area of the local authority ;

" clerk " means—in relation to the corporation of a county or other borough, the council of an urban district or the commissioners of a town—the town clerk.

" deposit " means the sum of money required by article 17 of these Regulations to be deposited with the returning officer by or on behalf of a candidate ;

" election " means a local election ;

" elector " means, in relation to an election, a person whose name appears in the register as entitled to vote at that election ;

" local authority " means the council of a county, the corporation of a county or other borough, the council of an urban district, or the commissioners of a town ;

" member " includes a lord mayor, mayor, chairman, alderman, councillor and a commissioner of a town ;

" personation agent " means a person appointed as an agent under sub-article (3) of article 11 of these Regulations ;

" polling day " means, in relation to an election, the day fixed under section 84 of the Act for the holding of the poll at that election ;

" polling place " means a polling place appointed by a scheme in force under section 22 of the Act ;

" postal ballot box " means a ballot box provided under article 34 of these Regulations for the reception of covering envelopes returned by postal voters ;

" postal ballot paper " means a ballot paper issued to a postal voter pursuant to article 33 of these Regulations ;

" register " means the register of local government electors ;

" secretary " means, in relation to a county council, the county secretary.

(2) Every reference to a meeting or member of a local authority shall, where the local authority is the corporation of a county or other borough, be construed as a reference to a meeting or member of the council established by law in respect of such county or other borough.

(3) Every reference to a particular officer shall be construed as including a reference to any person duly appointed either as deputy for such officer or to act in the place of such officer during his absence or incapacity or during a vacancy in his office.

3 Forms.

3. Each of the forms in the Schedule to these Regulations shall be used for the purpose for which such form is expressed to be applicable. A reference in these Regulations to a particular form shall be construed as a reference to that form as set forth in the said Schedule.

4 Returning Officer.

4. The clerk or secretary of a local authority shall be the returning officer for the election of members of such local authority.

5 General duty of returning officer.

5. It shall be the general duty of the returning officer for an election to do all such acts and things as may be necessary for effectually conducting the election.

6 Deputy returning officers.

6.—(1) The returning officer for an election may, in writing, appoint one, or more than one, fit and proper person to be deputy returning officer or officers and may delegate to any such deputy such of the functions of the returning officer as maybe specified in the appointment.

(2) The returning officer may at any time revoke the appointment of a deputy returning officer appointed by him or the delegation of any functions made by him under sub-article (1) of this article.

(3) For the purpose of taking the poll at the election of county councillors in a borough, urban district or town, the clerk of the borough, urban district, or town shall be deputy returning officer.

(4) A deputy returning officer shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions delegated to him or for which he is appointed.

(5) In these Regulations, any reference to the returning officer in relation to any act, matter or function for which a deputy returning officer is appointed by or under this article shall, unless the context otherwise requires, be interpreted as a reference to such deputy returning officer.

7 Election...

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