Referendum Act, 1942

• Jurisdiction: Ireland
• Citation: IR No. 8/1942
• Year: 1942

Number 8 of 1942.
REFERENDUM ACT, 1942.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1 . Short title . 2 . Definitions . 3 . Regulations . 4 . Expenses . 5 . Repeals . 6 . The referendum returning officer . 7 . Statement by registration officers of the number of Dáil electors .
PART II.
The Poll at a Referendum.
8. The polling day at a constitutional referendum . 9. Power to appoint the same polling day for a general election and a constitutional referendum . 10. The polling day at an ordinary referendum . 11. Method of taking the poll at a referendum . 12. Local returning officers' expenses . 13. Restrictions on persons entitled to vote at the poll . 14. The ballot papers . 15. Form of ballot papers . 16. Method of marking a vote on a ballot paper . 17. Personation agents . 18. Appointment of presiding officers . 19. Keeping of order in polling stations . 20. Postal voters . 21. Questions and oaths at the poll at a referendum . 22. Infringement of secrecy . 23. Proceedings in case of riot at the poll . 24. Destruction, etc.. of ballot boxes or ballot papers . 25. Use of schools and other buildings . 26. Use of local government ballot boxes, etc . 27. Prohibition of disclosure, etc. 28. Special provisions where a general election and a constitutional referendum have the same polling day . 29. Application of the Prevention of Electoral Abuses Act, 1923 . 30. The provisional referendum certificate . 31. Punishment of officers guilty of gross negligence . 32. Issuing of instructions by the Minister .
Part III.
Referendum Petitions.
33. Definitions in this Part of this Act . 34. Referendum petitions . 35. The respondent to a referendum petition . 36. General provisions in respect of referendum petitions . 37. Giving of notice to interested persons . 38. The trial of a referendum petition . 39. Production of documents by the referendum returning officer . 40. Re-taking a referendum in a constituency . 41. The final order on a referendum petition . 42. Provisions in respect of referenda having the same polling day . 43. Death of or delay by a petitioner . 44. Appeal by case stated to the Supreme Court .
FIRST SCHEDULE.
Rules for taking the Poll at a Referendum.
SECOND SCHEDULE.
Forms of Ballot Papers.
THIRD SCHEDULE.
Repeals.
Acts Referred to Electoral Act, 1923 No. 12 of 1923 Prevention of Electoral Abuses Act, 1923 No. 38 of 1923 Court Officers Act, 1926 No. 27 of 1926 Courts of Justice Act, 1936 No. 48 of 1936 Electoral (Revision of Constituencies) Act, 1935 No. 5 of 1935
Number 8 of 1942.
REFERENDUM ACT, 1942.
AN ACT TO MAKE PROVISION FOR THE TAKING OF A REFERENDUM AND FOR THE TRIAL BY THE HIGH COURT OF QUESTIONS ARISING IN RESPECT OF THE TAKING OF A REFERENDUM AND TO PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID. [26th May, 1942.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title.	1.—This Act may be cited as the Referendum Act, 1942.
	Definitions.	2.—In this Act—
	the expression “the Minister” means the Minister for Local Government and Public Health;
	the expression “constitutional referendum” means a referendum on a proposal for the amendment of the Constitution;
	the expression “ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution;
	the word “referendum”, when used without qualification, includes both a constitutional referendum and an ordinary referendum;
	the expression “general election” means a general election of members of Dáil Eireann consequent on a dissolution of Dáil Eireann;
	the expression “Dáil elector” means a person entitled to vote at a Dáil election;
	the expression “Dáil election” means an election of a member or members of Dáil Eireann;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	Regulations.	3.—The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
	Expenses.	4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	Repeals.	5.—The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
	The referendum returning officer.	6.—(1) As soon as may be after the passing of this Act and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to be the referendum returning officer for the purposes of this Act.
	(2) It shall be the duty of the referendum returning officer to conduct the referendum for which he is appointed, to ascertain and declare the result of the voting thereon in accordance with this Act, and to do such other things in respect of such referendum as he is required by this Act to do.
	(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for his services and expenses in respect of every referendum conducted by him.
	Statement by registration officers of the number of Dáil electors.	7.—(1) As soon as may be after the passing of this Act, every registration officer shall send to the referendum returning officer a statement in the prescribed form of the number of Dáil electors registered in the register of electors then in force in each constituency or portion of a constituency in the registration area of such registration officer.
	(2) Whenever after the passing of this Act a register of electors comes into force, every registration officer shall forthwith send to the referendum returning officer a statement in the prescribed form of the number of Dáil electors registered in the register of electors in each constituency or part of a constituency in the registration area of such registration officer.
	(3) Whenever the number of Dáil electors which is the subject of a statement sent by a registration officer to the referendum returning officer in pursuance of this section becomes altered by the decision of appeals, correction of errors, or any other cause, such registration officer shall forthwith communicate to the referendum returning officer the fact of such alteration and the particulars thereof.
PART II. The Poll at a Referendum.
	The polling day at a constitutional referendum.	8.—(1) Whenever a bill containing a proposal for the amendment of the Constitution shall have been passed or be deemed to have been passed by both Houses of the Oireachtas it shall be lawful for the Minister to appoint by order the day (in this Act also referred to as the polling day) upon which the polling at the referendum on such proposal shall take place.
	(2) The polling day appointed by an order made by the Minister under this section shall not be less than thirty days and not more than ninety days after the date of such order.
	(3) Every order made by the Minister under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.
	Power to appoint the same polling day for a general election and a constitutional referendum.	9.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Eireann is dissolved before the Minister has made under the next preceding section an order appointing the polling day at the referendum on such proposal, the Minister, if he so thinks fit, may (notwithstanding anything contained in the said next preceding section) appoint by his order under that section the polling day at the general election consequent on such dissolution of Dáil Eireann to be the polling day at such referendum.
	(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Eireann is dissolved after the Minister has made his order (in this sub-section referred to as the original order) under the next preceding section in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister, if he so thinks fit, may by order amend the original order by substituting the day which is the polling day at the general election consequent on such dissolution of Dáil Eireann for the day named in the original order as the polling day at such referendum.
	The polling day at an ordinary referendum.	10.—(1) Whenever—
	(a) the President informs the Taoiseach in accordance with Article 27 of the Constitution that he has decided that a bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and
	(b) the Government determines that a referendum for the purpose of ascertaining the will of the people on such proposal shall be taken,
	the Minister shall, within one week after such determination by the Government, appoint by order the day (in this Act also referred to as the polling day) upon which the polling at such referendum shall take place.
	(2) The polling day appointed by an order made by the Minister under this section shall not...