Seanad Electoral (Panel Members) Act , 1937

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Seanad Electoral (Panel Members) Act, 1937.

2 Commencement.

2.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the people.

3 Definitions.

3.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “Seanad election”means so much of a general election of members of Seanad Eireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by the said Article 18 to be elected from panels;

the expression “the first Seanad election” means the first Seanad election held after the commencement of this Act;

the expression “Dáil election” means a general election of members of Dáil Eireann held in consequence of a dissolution of Dáil Eireann;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

4 The panels.

4.—(1) In this Act—

the word “panel” when used without qualification means a panel of candidates formed in pursuance of sub-section 1 of section 7 of Article 18 of the Constitution;

the expression “the cultural and educational panel” means the panel required by the said sub-section 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, the national language and culture, literature, art, education and such professional interests as may be defined by law for the purpose of this panel;

the expression “the agricultural panel” means the panel required by the said sub-section 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, agriculture and allied interests, and fisheries;

the expression “the labour panel” means the panel required by the said sub-section 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, labour, whether organised; or unorganised;

the expression “the industrial and commercial panel” means the panel required by the said sub-section 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture;

the expression “the administrative panel” means the panel required by the said sub-section 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, public administration and social services, including voluntary social activities.

(2) The professional interests for the purposes of the cultural and educational panel are hereby defined as—

(a) law, and

(b) medicine, including surgery, dentistry, veterinary medicine, and pharmaceutical chemistry.

5 The Seanad returning officer.

5.—(1) As soon as practicable after the commencement of this Act and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to be the Seanad returning officer for the purposes of this Act.

(2) It shall be the duty of the Seanad returning officer to conduct every Seanad election, to count the votes cast thereat, to ascertain and declare the result thereof in accordance with this Act, and to do such other things in respect of every such election as he is required by this Act to do.

(3) The Minister for Finance shall from time to time prepare a scale of maximum charges for the Seanad returning officer, and the Seanad returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges in respect of his services and expenses in relation to every Seanad election including the preparation of the register of nominating bodies and annual revisions thereof, but not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

6 Appointment of days and times.

6.—(1) Before every Seanad election the Minister shall by order appoint for the purpose of such Seanad election—

(a) the day and hour (in this Act referred to as the expiration of the time for general panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by nominating bodies shall expire;

(b) the day and hour (in this Act referred to as the expiration of the time for Dáil panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by members of Dáil Eireann shall expire;

(c) the day and hour (in this Act referred to as the expiration of the time for ex-officio nominations) on and at which the period during which the Seanad returning officer may receive ex-officio nominations to the administrative panel shall expire;

(d) the day on which and the place at which the Seanad returning officer will sit for the completion of the panels;

(e) the day (in this Act referred to as the day of issue of ballot papers) on which the ballot papers for the said Seanad election are to be issued and posted to electors;

(f) the day and hour (in this Act referred to as the close of the poll) at which the poll at the said Seanad election is to be closed;

(g) the address of the Seanad returning officer to which applications for registration, nomination papers, and other communications may be sent to him.

(2) In the case of the first Seanad election, the order under this section shall be made as soon as conveniently may be after the commencement of this Act and, in the case of every subsequent Seanad election, the order under this section shall be made within seven days after the dissolution of Dáil Eireann which occasions such Seanad election.

(3) The following provisions shall apply and have effect in relation to every order made by the Minister under this section except the order so made for the purposes of the first Seanad election, that is to say:—

(a) the day appointed under this section for the expiration of the time for general panel nominations shall not be less than four weeks after the dissolution of Dáil Eireann and, where practicable, shall not be prior to the date fixed for the reassembly of Dáil Eireann after such dissolution;

(b) the day appointed under this section for the expiration of the time for Dáil panel nominations shall not be less than seven days after the day appointed under this section for the expiration of the time for general panel nominations and, where practicable, shall be subsequent to the date fixed for the said reassembly of Dáil Eireann.

(4) The day appointed by an order under this section for the expiration of the time for ex-officio nominations shall always be subsequent to the day appointed by the same order for the expiration of the time for Dáil panel nominations.

(5) 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.

7 Regulations.

7.—The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

8 Expenses.

8.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Register of Nominating Bodies.

9 The register of nominating bodies.

9.—(1) A register (in this Act referred to as the register of nominating bodies) of bodies (in this Act referred to as nominating bodies) entitled to nominate persons to the panels of candidates for the purposes of every Seanad election shall be set up and maintained in accordance with this Act.

(2) The following provisions shall apply and have effect in relation to the register of nominating bodies, that is to say:—

(a) the said register shall be in such form as the Seanad returning officer shall, with the approval of the Minister, think proper;

(b) no body shall be eligible to be registered in the register in respect of any particular panel (other than the administrative panel) unless its objects and activities relate to or are connected with or it is representative of persons engaged in one or more of the interests and services mentioned in sub-section 1 of section 7 of Article 18 of the Constitution in respect of that particular panel;

(c) no body which is formed or carried on wholly or substantially for profit or which carries on, as its sole or principal function, any trade or business for profit shall be eligible for registration in the said register;

(d) no body which is composed wholly or mainly of persons who are in the employment of the State or of persons who are in the employment of local authorities and the objects of which include the advancement or protection of the interests of such persons in relation to their said employment shall be eligible for registration in the said register;

(e) every body which is registered in the said register shall be so registered in respect of one, and only one, panel;

(f) except as otherwise provided by this sub-section, no body shall be registered in the said register save in pursuance of an application in that behalf made by such body in accordance with this Act;

(g) the following provisions shall apply and have effect in relation to the administrative panel, that is to say:—

(i) the Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the said register in respect of the said panel without any application in that behalf under this Act, and

(ii) no other body shall be registered in the said register in respect of the said panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character;

(h) the number of nominating bodies registered in the said register in respect of any particular panel shall be so limited that the full number of persons which may be nominated to such panel by nominating bodies shall not exceed thirty.

(3) Each of the following bodies, and no other body, shall be a local authority for the purposes of this section, that is to say:—

(a) the council of a county, a county or other borough, or an urban district, the commissioners of a town, a municipal corporation and a board of guardians, and

(b) a person who is established by or in pursuance of any statute to perform any of the functions of any of the bodies mentioned in the next preceding paragraph of this sub-section, and

(c) a committee or joint committee of or appointed by any one or more of the bodies mentioned in either of the preceding paragraphs of this sub-section.

10 Applications for registration in the register.

10.—(1) Any body which desires to be registered in the register of nominating bodies in respect of any particular panel and claims to be eligible for registration in that register in respect of that panel may apply for that purpose to the Seanad returning officer in accordance with this section.

(2) The following provisions shall apply and have effect in relation to applications for registration in the register of nominating bodies at the preparation of that register in the year 1938, that is to say:—

(a) every such application shall be made in writing on an application paper in the prescribed form provided by the Seanad returning officer;

(b) the Seanad returning officer shall furnish free of charge on request to any body which proposes to apply for registration in the said register an application paper for that purpose;

(c) every such application shall be delivered or sent by post to the Seanad returning officer at his office on or before the 24th day of January, 1938, and no such application which is received at the said office after the said date shall be entertained or considered by the Seanad returning officer;

(d) every such application shall state the panel in respect of which the applicant desires to be registered in the said register and the grounds on which the applicant claims to be eligible to be so registered;

(e) every such application shall also state all such things in relation to the applicant as are indicated in that behalf in the prescribed form of application paper

11 Publication of notice of the preparation of the register.

11.—As soon as practicable after the commencement of this Act, the Seanad returning officer shall publish in every morning daily newspaper published in the State and in such other (if any) daily newspapers as he shall, with the sanction of the Minister, think proper a notice in the prescribed form giving public notice that the register of nominating bodies is being prepared, and giving such information and instructions in relation to applications for such registration as the Minister shall think proper.

12 Preparation of the register.

12.—(1) As soon as practicable after the 24th day of January, 1938, and in any event not later than the 5th day of February, 1938, the Seanad returning officer shall prepare the register of nominating bodies and for that purpose—

(a) shall examine all applications for registration in the said register duly received by him, and

(b) shall disallow all such applications as appear to him to be irregular in form and all applications in respect of which he is of opinion that the applicant is not eligible for registration in the said register either at all or in respect of the panel to which the application relates, and

(c) may disallow any applications which he is authorised by the subsequent provisions of this section to disallow, and

(d) shall allow and register in the said register all such applications as he does not disallow in pursuance of the foregoing provisions of this sub-section.

(2) The Seanad returning officer may require from any applicant for registration in the register of nominating bodies all such information relevant to the registration of such applicant as he shall reasonably require for the determination by him of the allowance or disallowance of the application of such applicant, and the Seanad returning officer may disallow the application of any applicant which fails or refuses to give any information required of it under this section.

(3) It shall be lawful for the Seanad returning officer to disallow an application for registration in the register of nominating bodies made by—

(a) any body which is a branch of or affiliated or subsidiary to a body which is already registered in the said register or whose application for such registration he has allowed, or

(b) any body which appears to him to be representative of interests and services the representation of which is adequately provided for by a body or bodies already registered in the said register or whose application for such registration he has allowed.

(4) The Seanad returning officer may, at his absolute discretion, allow an application for registration in the register of nominating bodies to be amended by the applicant at any time or in any respect.

(5) The three next preceding sub-sections of this section shall apply and have effect in relation to every annual revision of the register of nominating bodies as well as the first preparation of that register.

(6) Not later than the 5th day of February, 1938, the Seanad returning officer shall send by post to every body which applied for registration in the register of nominating bodies (whether its application has been allowed or disallowed) a copy of the said register as prepared by the Seanad returning officer under this section.

(7) Whenever the Seanad returning officer has disallowed an application for registration in the register of nominating bodies he shall, on the request of the body which made such application, furnish to such body a statement of his reasons for such disallowance.

(8) The allowance or disallowance by the Seanad returning officer of any application for registration in the register of nominating bodies shall be final and conclusive, subject only to such appeal as is provided for by this Act.

13 Election of the appeal committee.

13.—(1) As soon as practicable after the commencement of this Act and in any event not later than the fifth day on which Dáil Eireann shall have sat after such commencement, Dáil Eireann shall elect a committee (in this Act referred to as the appeal committee) consisting of fifteen members of Dáil Eireann.

(2) The appeal committee shall be elected by the votes of the members of Dáil Eireann (or of such of them as may think proper to vote) voting on the principles of proportional representation.

(3) Subject to the foregoing provisions of this section, Dáil Eireann shall regulate the procedure for the election of the appeal committee.

(4) The quorum for a meeting of the appeal committee shall be nine members personally present.

(5) Subject to the express provisions of this Act, the appeal committee shall regulate its own procedure.

14 Appeals to the appeal committee.

14.—(1) Any applicant for registration in the register of nominating bodies whose application for such registration has been disallowed by the Seanad returning officer may appeal in accordance with this section to the appeal committee against such disallowance.

(2) Any applicant for registration in the register of nominating bodies in respect of any particular panel (whether its application for such registration has been allowed or has been disallowed by the Seanad returning officer) may appeal in accordance with this section to the appeal committee against the allowance by the Seanad returning officer of the application of any other applicant for such registration in respect of the same panel.

(3) Every appeal under this section to the appeal committee shall be made in writing and shall state the grounds on which the appeal is made and shall be delivered or sent by post to the Clerk of Dáil Eireann on or before the 11th day of February, 1938, and no such appeal which is received by the Clerk of Dáil Eireann after the said date shall be entertained or considered by the appeal committee.

(4) Every appeal under this section shall be open to inspection at all convenient times by the Seanad returning officer.

15 Decision of appeals by the appeal committee.

15.—(1) As soon as conveniently may be after the 11th day of February, 1938, and not later than four days before the time for the expiration of general panel nominations at the first Seanad election the appeal committee shall consider every appeal duly made to it under this Act and shall, in respect of each such appeal, either reverse the decision of the Seanad returning officer which is the subject of the appeal or disallow the appeal.

(2) No decision of the Seanad returning officer shall be reversed by the appeal committee unless at least nine members of that committee vote in favour of such reversal.

(3) If an appeal to the appeal committee is not decided on or before the fourth day before the expiration of the time for general panel nominations at the first Seanad election, such appeal shall be deemed to have been disallowed by the appeal committee, and the decision of the Seanad returning officer which was the subject of such appeal shall have effect accordingly.

(4) The Seanad returning officer shall give to the appeal committee such information and assistance as that committee shall reasonably require of him.

(5) The Seanad returning officer shall be entitled, if he so desires, to be heard by the appeal committee in respect of every appeal considered by that committee in pursuance of this section.

(6) The decision of the appeal committee on any appeal to that committee under this Act shall be final and conclusive.

16 Completion and publication of the register.

16.—(1) If no appeal is duly made to the appeal committee, the Clerk of Dáil Eireann shall, on the 12th day of February, 1938, inform the Seanad returning officer of that fact and the Seanad returning officer shall thereupon sign and publish in the Iris Oifigiúil the register of nominating bodies prepared by him under the foregoing provisions of this Act.

(2) If any appeal is duly made to the appeal committee, that committee shall communicate to the Seanad returning officer their decision (if any) on every such appeal and the Seanad returning officer shall thereupon make such (if any) amendment in the register of nominating bodies prepared by him under the foregoing provisions of this Act as may be necessary to give effect to such decision and, when all such appeals have been decided or deemed to have been disallowed and the decisions (if any) thereon have been communicated to and dealt with by the Seanad returning officer, the Seanad returning officer shall on or before the third day before the expiration of the time for general panel nominations at the first Seanad election, sign the register of nominating bodies as so prepared and amended (if at all) by him as aforesaid and shall publish the same in the Iris Oifigiúil as soon as conveniently may be.

(3) The register of nominating bodies as published in the Iris Oifigiúil in pursuance of this section shall be final and conclusive and shall not be open to review by any court and shall be in force for the first and every subsequent Seanad election, subject only to such annual revision as is provided for by this Act.

17 Annual revision of register of nominating bodies.

17.—(1) The Seanad returning officer shall, on or after the 1st, but not later than the 15th day of January in the year 1939 and every subsequent year, publish in every morning daily newspaper published in the State and in such other (if any) daily newspapers as the said officer shall, with the sanction of the Minister, think proper a notice in the prescribed form giving public notice that, on the 15th day of February next following or, if that day is a Sunday, the 16th day of February next following, the Seanad returning officer will proceed to revise the register of nominating bodies, and giving such information and instructions in relation to applications for insertion, deletion, or amendment of entries in that register as the Minister shall think proper.

(2) Any body not registered in the register of nominating bodies, which desires to be registered in that register and claims to be eligible for such registration, and any body registered in the said register which desires to be removed therefrom or desires that the entry in respect of it in such register should be amended in any way, may apply to the Seanad returning officer in writing during the period beginning on the 15th day of January and ending on the 15th day of February in the year 1939 or any subsequent year, for such registration, deletion, or amendment, as the case may be.

(3) On the 15th day of February or, if that day is a Sunday, on the 16th day of February in the year 1939 and every subsequent year the Seanad returning officer shall revise (in this Act referred to as an annual revision) the register of nominating bodies by—

(a) allowing and registering in the said register all bodies which have duly applied under this section for such registration at such annual revision and whose applications he does not disallow, and

(b) deleting from the said register the registration of every body which appears to him to have ceased to exist or to have ceased to be eligible for such registration or the deletion of which from the said register appears to him to be necessary and proper in consequence of or to permit the allowance of the application of another body for such registration, and

(c) making all such amendments in the said register as appear to him, by virtue of applications under this section or otherwise, to be requisite or proper.

(4) The Seanad returning officer may make such inquiries as he shall think proper for the purpose of any annual revision of the register of nominating bodies and may, at any annual revision, make all such deletions from and amendments of the register of nominating bodies which appear to him, in consequence of such inquiries, to be requisite or proper, but the Seanad returning officer shall not make any such deletion or amendment without giving notice thereof to the body affected thereby or without giving such body a reasonable opportunity of making representations in regard thereto.

(5) Every allowance or disallowance by the Seanad returning officer of any application under this section for registration in, deletion from, or amendment of the register of nominating bodies, and every deletion from or amendment of the said register made by the Seanad returning officer at an annual revision otherwise than on an application under this section, shall be final and conclusive, subject only to such appeal as is provided for by this Act.

18 Appeals to the annual revision appeal committee.

18.—(1) Not later than the 1st day of March in the year 1939 and every subsequent year, the Seanad returning officer shall—

(a) inform every body which applied for registration in, deletion from, or amendment of the register of nominating bodies at the annual revision in that year whether he allowed or disallowed such application and, in the case of disallowance, his reasons therefor, and

(b) communicate to every body affected by a deletion from or amendment of the register of nominating bodies made by him at the annual revision in that year otherwise than on an application by such body the particulars of such deletion or amendment and his reasons therefor.

(2) Any of the following persons may appeal to the annual revision appeal committee against such of the decisions of the Seanad returning officer as are hereinafter specified, that is to say:—

(a) in the case of a disallowance of an application, the body by which such application was made,

(b) in the case of an allowance of an application for registration, any nominating body registered in the register of nominating bodies, and any body which applied at such annual revision for registration in the said register, whether such application was allowed or disallowed,

(c) in the case of a deletion from or amendment of the said register made by the Seanad returning officer otherwise than on an application under this Act, the body affected by such deletion or amendment.

(3) Every appeal under this section to an annual revision appeal committee shall be made in writing and shall state the grounds on which the appeal is made and shall be delivered or sent by post to the Clerk of Dáil Eireann on or before the 15th day of March in the year in which the decision appealed against was given.

(4) Every appeal under this section shall be open to inspection at all convenient times by the Seanad returning officer.

19 Completion of annual revision.

19.—(1) If in any year an appeal to the annual revision appeal committee is received by the Clerk of Dáil Eireann within the time limited in that behalf by this Act, Dáil Eireann shall, as soon as conveniently may be, elect a committee (in this Act referred to as an annual revision appeal committee) consisting of fifteen members of Dáil Eireann.

(2) The provisions of this Act in relation to the election, quorum and procedure of, the hearing of appeals by, and the decisions of the appeal committee shall apply to the election, quorum and procedure of, the hearing of appeals by, and the decisions of every annual revision appeal committee so far as such provisions are not inconsistent with the express provisions of this Act in relation to annual revision appeal committees.

(3) Not later than the 20th day of March in the year 1939 and in every subsequent year the Seanad returning officer shall revise the register of nominating bodies in such manner as may be requisite to give effect to all decisions given by him at the annual revision in that year against which no appeal to the annual revision committee has been made within the time limited in that behalf by this Act, and every revision so made shall come into force on the 21st day of March of the year in which it is made.

(4) The Clerk of Dáil Eireann shall communicate to the Seanad returning officer every decision by an annual revision committee on an appeal under this Act to such committee, and the Seanad returning officer shall forthwith make such (if any) revision of the register of nominating bodies as is necessary to give effect to such decision, and every such revision shall come into force on the day after the day on which it is made.

(5) As soon as any annual revision of the register of nominating bodies has been completed in accordance with this Part of this Act, the Seanad returning officer shall sign and publish in the Iris Oifigiúil the said register as revised at such annual revision and the said register as so published shall be conclusive evidence of the alterations made in the said register at such annual revision.

20 Payment of fee on appeal.

20.—(1) Every body which appeals to the appeal committee or to an annual revision appeal committee shall pay to the Clerk of Dáil Eireann a fee of twenty pounds, and the payment of such fee before the expiration of the time limited by this Act for sending or delivering such appeal to the Clerk of Dáil Eireann shall be a condition precedent to the entertainment of such appeal by the appeal committee or the annual revision appeal committee, as the case may be.

(2) Every fee paid to the Clerk of Dáil Eireann in pursuance of this section shall be retained by him until the appeal in respect of which such fee was paid has been decided by the appeal committee or annual revision appealcommittee (as the case may be) and—

(a) if such committee reverses the decision of the Seanad returning officer which is the subject of such appeal or if, in the case of an appeal to the appeal committee, such committee fails to decide the appeal within the time limited in that behalf by this Act, the Clerk of Dáil Eireann shall forthwith repay such fee to the appellant by whom it was paid to him, and

(b) in every other case, the Clerk of Dáil Eireann shall pay such fee into, or dispose of it for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.

(3) The Public Offices (Fees) Act, 1879, shall not apply in respect of fees payable under this section.

PART III. Formation of the Panels.

21 Right of members of Dáil Eireann to nominate to panels.

21.—(1) At every Seanad election, any person may be nominated in accordance with this Act by not less than two members of Dáil Eireann to any of the panels constituted for that election.

(2) No member of Dáil Eireann shall join in the nomination under this section of more than one person at any particular Seanad election.

22 Right of registered nominating bodies to nominate to panels.

22.—(1) At every Seanad election, every nominating body which is registered in the register of nominating bodies in respect of any particular panel shall be entitled to nominate to such panel such number of persons as is provided in that behalf by this section.

(2) The several nominating bodies entitled to nominate persons to a particular panel shall each be entitled to nominate the same number of persons to such panel and that number shall be ascertained as follows, that is to say:—

(a) if the number of nominating bodies entitled to nominate persons to such panel is not less than the number of members of Seanad Eireann to be elected from persons nominated to such panel by nominating bodies, each such nominating body shall be entitled to nominate two persons to such panel;

(b) if the number of nominating bodies entitled to nominate as aforesaid is not less than one-half but is less than the whole of the number of members of Seanad Eireann to be elected as aforesaid, each such nominating body shall be entitled to nominate three persons to such panel;

(c) if the number of nominating bodies entitled to nominate as aforesaid exceeds one but is less than one-half of the number of members of Seanad Eireann to be elected as aforesaid, each such nominating body shall be entitled to nominate four persons to such panel;

(d) if only one nominating body is entitled to nominate as aforesaid, such nominating body shall be entitled to nominate to such panel a number of persons equal to twice the number of members of Seanad Eireann to be elected as aforesaid.

23 Method of nomination by nominating bodies.

23.—(1) At the following times, that is to say:—

(a) as soon as practicable after the publication of the register of nominating bodies in the Iris Oifigiúil, and

(b) within ten days after every dissolution of Dáil Eireann,

the Seanad returning officer shall send by post to every nominating body registered in the register of nominating bodies a form of nomination paper and also a notice in the prescribed form informing such body of its right to nominate persons to a specified panel and of the number of persons which such body is entitled so to nominate and giving to such body such information and instructions in relation to the making of the nomination as the Minister shall think proper to prescribe.

(2) All nominations to a panel by a nominating body shall be made in accordance with the following provisions, that is to say:—

(a) such nominations shall be made in writing on a nomination paper in the prescribed form;

(b) every nominating body shall nominate by one and the same nomination paper all the persons which it is entitled to nominate;

(c) every nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein (including a statement of the qualifications of every person thereby nominated for the panel to which he is nominated) and shall be signed by the nominating body making a nomination thereby;

(d) where the nominating body is a body corporate, the nomination paper shall be signed by such body by affixing to such paper the seal of such body in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body;

(e) where the nominating body is not a body corporate, the nomination paper shall be signed in the name of the body by some person having authority to sign in that name.

(3) In the case of the Irish County Councils' General Council and in the case of the Association of Municipal Authorities of Ireland, the persons to be nominated to the administrative panel by such bodies respectively shall be chosen by the members of such body voting on the system of proportional representation by means of the single transferable vote.

(4) Every nomination paper which purports to be sealed with the seal of a body corporate which is a nominating body and to be countersigned shall until the contrary is proved, be deemed to have been so sealed in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body.

(5) Every nomination paper which purports to be signed in the name of an unincorporated body which is a nominating body shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name.

(6) Where a nominating body purports to nominate by a nomination paper either more persons or less persons to a panel than such nominating body is entitled so to nominate, such nomination paper shall be wholly void.

(7) The Seanad returning officer shall furnish free of charge on request to every nominating body such number of forms of nomination paper (in addition to the form which he is required by the first sub-section of this section to send to such body) as such body shall reasonably require.

24 Preparation of provisional panels.

24.—(1) Nomination papers nominating persons to a panel by a nominating body shall be delivered or sent by post to the Seanad returning officer.

(2) Immediately after the expiration of the time for general panel nominations, the Seanad returning officer shall prepare, in respect of each panel, a provisional panel containing the names of all persons in respect of whom he has received, before the expiration of the said time, nominations to such panel by nominating bodies.

(3) Every provisional panel shall be in the like form (including division into two sub-panels) and contain the like particulars as are prescribed by or under this Act in respect of the final panels.

(4) As soon as conveniently may be after the expiration of the time for general panel nominations, the Seanad returning officer shall send to the Clerk of Dáil Eireann a copy of every provisional panel together with such number of forms of nomination papers by members of Dáil Eireann as the Clerk of Dáil Eireann shall reasonably require.

25 Method of nomination by members of Dáil Eireann.

25.—(1) Every nomination of a person to a panel by members of Dáil Eireann shall be made in accordance with the following provisions, that is to say:—

(a) such nomination shall be made in writing on a nomination paper in the prescribed form;

(b) every such nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein and in particular a statement of the qualifications of the person thereby nominated for the panel to which he is so nominated;

(c) every such nomination paper shall be signed by every of the members of Dáil Eireann making a nomination thereby;

(d) every such nomination paper shall be delivered or sent by post to the Seanad returning officer.

(2) If a member of Dáil Eireann signs as a nominator two or more nomination papers, both or all of such nomination papers shall be wholly void.

(3) Immediately after the expiration of the time for Dáil panel nominations, the Seanad returning officer shall insert in the appropriate places in each provisional panel the names, addresses, and descriptions of the persons (if any) who have been nominated by members of Dáil Eireann before the expiration of the said time to the panel to which such provisional panel relates.

26 Ex-officio nominations to the administrative panel.

26.—(1) At every Seanad election—

(a) the Taoiseach shall be entitled to nominate to the administrative panel such number of persons, not exceeding two, as he shall think fit, and

(b) any person (other than the Taoiseach for the time being) who has previously held the office of Taoiseach or the office of President of the Executive Council of Saorstát Eireann or both of those offices shall be entitled to nominate to the administrative panel such number of persons, not exceeding two, as he shall think fit.

(2) Every nomination made under this section shall be made in accordance with the following provisions, that is to say:—

(a) such nomination shall be made in writing on a nomination paper in the prescribed form;

(b) any person who nominates two persons under this section shall nominate both such persons by one and the same nomination paper;

(c) every nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein (including a statement of the qualifications of every person thereby nominated for the panel to which he is so nominated) and shall be signed by the person making a nomination thereby;

(d) the nomination paper shall be delivered or sent by post to the Seanad returning officer.

(3) Where a person purports to nominate by a nomination paper under this section more than two persons, such nomination paper shall be wholly void.

(4) Immediately after the expiration of the time for ex-officio nominations, the Seanad returning officer shall insert in the provisional panel relating to the administrative panel the names, addresses, and descriptions of the persons (if any) who have been nominated under this section to that panel before the expiration of the said time.

(5) At any time after the expiration of the time for Dáil panel nominations and before the expiration of the time for ex-officio nominations, any person entitled to make a nomination under this section to the administrative panel shall be entitled to inspect all or any of the provisional panels.

(6) Nominations under this section to the administrative panel are in this Act referred to as ex-officio nominations.

27 Publication of nomination papers by Seanad returning officer.

27.—Whenever the Seanad returning officer receives a nomination paper (other than a nomination paper declared by this Act to be wholly void and a nomination paper so received after the time limited by this Act for such receipt), he shall forthwith post up, in such public place in the county borough of Dublin as he shall consider most suitable, a notice stating the fact of the receipt by him of such nomination paper and the name, address, and description (as stated in such nomination paper) of the person purported to be nominated by such nomination paper and the panel to which such person purports to be so nominated.

28 The completion of the panels.

28.—(1) At twelve o'clock noon on the day for the completion of the panels the Seanad returning officer shall attend at the appointed place and there hold a sitting (in this Act referred to as the completion of the panels) at which he shall do all such things as he is required by the subsequent provisions of this Act to do at such sitting.

(2) When preparing the provisional panels in pursuance of the foregoing provisions of this Act, the Seanad returning officer shall not insert in any provisional panel the name of any person purported to be nominated by a nomination paper which is declared by this Act to be wholly void or which is received by him after the expiration of the relevant time for receiving nominations, but, with those exceptions, the Seanad returning officer shall prepare the provisional panels without considering or inquiring into the validity of any nomination paper or the nomination purported to be made thereby and without regard to any duplication of entries which may occur by reason of a person being nominated by more than one nomination paper, whether to the same or to different panels.

(3) At the completion of the panels, the Seanad returning officer shall take the several provisional panels successively one by one and shall, in respect of each provisional panel,—

(a) examine each nomination paper in pursuance of which a person was entered in such provisional panel and shall rule upon the validity or invalidity of each such nomination paper and the validity or invalidity of the nomination purported to be made thereby and shall delete from such provisional panel every entry made therein in pursuance of a nomination paper or a nomination which he decides to be invalid, and

(b) shall then examine the qualifications of each person whose name remains on such provisional panel after the said deletions and shall delete from such provisional panel the name of every such person in respect of whom he is not satisfied that such person is qualified under sub-section 1 of section 7 of Article 18 of the Constitution to be on the panel to which such provisional panel relates, and

(c) shall, in respect of every person whom he determines to be qualified to be on such panel, enter in the provisional panel relating to such panel a statement, in such form as he thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on such panel, and

(d) shall then delete all duplicate entries remaining on such provisional panel and shall for that purpose give preference to a nomination by a nominating body as against any other nomination and, in the case of the administrative panel, give preference to a nomination by members of Dáil Eireann as against an ex-officio nomination.

(4) If, when the provisions of the next preceding sub-section of this section have been complied with in respect of all the provisional panels, any person is found to be entered in two or more provisional panels, the following provisions shall have effect, that is to say:—

(a) the Seanad returning officer shall retain the name of such person on such one of those provisional panels as such person or his agent shall elect;

(b) if such person or his agent (as the case may be) refuses or fails to make such election or neither such person nor his agent is present or reasonably available, the Seanad returning officer shall retain the name of such person on such one of the said provisional panels as the Seanad returning officer shall determine by lot;

(c) the Seanad returning officer shall delete the name of such person from all the said provisional panels except the provisional panel on which he is required, by whichever of the foregoing paragraphs of this sub-section is applicable, to retain the name of such person.

(5) In carrying out the provisions of this Act in relation to the proceedings at the completion of the panels the Seanad returning officer shall have due regard to all decisions of the judicial referee on questions referred to him under this Act by the Seanad returning officer.

(6) All decisions by the Seanad returning officer at the completion of the panels shall be final and conclusive subject only to such reference to the judicial referee as is provided for by this Act.

29 Nominations by the Taoiseach to complete the sub-panels.

29.—(1) If, when the provisions of the next preceding section have been complied with, the number of persons whose names are entered in any sub-panel of a provisional panel does not exceed by at least two the number of members of Seanad Eireann required by this Act to be elected from such sub-panel, the Seanad returning officer shall adjourn to a convenient day and hour the further proceedings at the completion of the panels and shall report to the Taoiseach the said deficiency in the said sub-panel and furnish to the Taoiseach a copy of the provisional panels as settled immediately before the said adjournment.

(2) Upon receiving such report as is mentioned in the next preceding sub-section of this section, the Taoiseach shall nominate to every sub-panel in respect of which he receives such report such number of persons as will be sufficient to bring the number of persons on such sub-panel up to a number exceeding by two (and no more) the number of members of Seanad Eireann required by this Act to be elected from such sub-panel.

(3) Whenever the Taoiseach is required by the next preceding sub-section of this section to make nominations to a sub-panel, it shall be lawful for him to make additional nominations to such sub-panel in excess of the number of nominations required by the said sub-section, but such additional nominations shall be substitutional only and shall be operative only if and so far as is requisite by reason of the invalidity of one or more of the other nominations made by the Taoiseach under this section to such sub-panel.

(4) Every nomination made by the Taoiseach under this section shall be made in accordance with the following provisions, that is to say:—

(a) such nomination shall be made in writing on a nomination paper in the form (modified as requisite) prescribed for ex-officio nominations;

(b) every such nomination shall be made by a separate nomination paper;

(c) every nomination paper shall state the sub-panel in respect of which the nomination is made and shall also contain the particulars required by the said prescribed form of nomination paper to be stated therein (including a statement of the qualifications of the person thereby nominated for the panel to which he is so nominated) and shall be signed by the Taoiseach;

(d) every nomination paper shall be delivered or sent to the Seanad returning officer and shall be so sent or delivered that it is received by the Seanad returning officer before the time to which the completion of the panels was adjourned under the first sub-section of this section.

(5) On the resumption of the completion of the panels after the adjournment thereof under the first sub-section of this section, the Seanad returning officer shall consider and rule upon the nominations made by the Taoiseach under this section (including examining and ruling upon the qualifications of every person so nominated for the panel to which he is so nominated) and shall enter in the proper place in the proper provisional panel the name, address, and description of every person whom he finds to be validly so nominated together with a statement, in such form as he thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on such panel.

30 The judicial referee.

30.—(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at the completion of the panels and there sit and act as judicial referee for the purposes specified in this Act.

(2) The Seanad returning officer may, on his own motion, and shall, if so requested by any person whose name is on the provisional panel for the time being under consideration or by the agent of any such person, refer to the judicial referee any question arising during the completion of the panels in relation to any nomination paper, the nomination of any person to a panel, the qualifications of any person for a panel, the statement by the Seanad returning officer of such qualifications, or any other matter connected with the provisional panels.

(3) The judicial referee shall there and then decide and announce his decision on every question referred to him under this section by the Seanad returning officer.

(4) The decision of the judicial referee on any question referred to him under this section by the Seanad returning officer shall be final and conclusive and shall not be open to review by any court.

(5) A question may be referred to the judicial referee under this section whether the Seanad returning officer has or has not himself given a decision thereon.

31 Questions raisable at the completion of the panels.

31.—(1) At the completion of the panels every question relevant to the nomination of a person to a panel, including the validity of nomination papers, the sufficiency or the correctness of any statement in a nomination paper, the validity of any nomination and the qualifications of any person for any panel, may be raised by the Seanad returning officer or by any person whose name is on the provisional panel for the time being under consideration or by the agent of any such person.

(2) Where the identity of the person purported to be nominated by a nomination paper is free from doubt, such nomination paper shall not be rejected or declared invalid merely because of an error in, or the incompleteness of, the statement therein of the name, address, or description of such person.

(3) The Seanad returning officer and the judicial referee may each, for the purpose of deciding any question at issue during the completion of the panels, receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any person affected by such question, and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.

32 Persons permitted to attend the completion of the panels.

32.—The following and no other persons shall be present at the completion of the panels, that is to say:—

(a) the Seanad returning officer and his assistants;

(b) the judicial referee and one person brought by him to attend on him;

(c) any person whose name is on a provisional panel;

(d) one agent of each person whose name is on a provisional panel;

(e) witnesses giving oral evidence, but only while giving such evidence;

(f) such other persons as the Seanad returning officer shall think proper to admit.

33 Continuity of proceedings at the completion of the panels.

33.—(1) The proceedings at the completion of the panels shall, so far as practicable, be proceeded with continuously, but may at any time be suspended by the Seanad returning officer, with the consent of the judicial referee, for such period as the Seanad returning officer thinks proper for refreshment, night-time, or other reason appearing to him to be sufficient.

(2) Whenever the proceedings at the completion of the panels are suspended under this section, the Seanad returning officer shall take all proper precautions for the security of the nomination papers, provisional panels, and other relevant documents.

34 Death or disqualification of a candidate.

34.—(1) Where, before the expiration of the time for general panel nominations, a nominating body satisfies the Seanad returning officer that a person nominated to a panel by such nominating body has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel the nomination of such person, and thereupon such nomination shall be deemed for the purposes of this Act never to have been received by the Seanad returning officer and it shall be lawful for such nominating body to nominate in accordance with this Act a person to such panel in the place of the person who has so died or become disqualified.

(2) Where, before the expiration of the time for Dáil panel nominations, the Seanad returning officer is satisfied that a person nominated to a panel by members of Dáil Eireann has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon such nomination shall be deemed never to have been made.

(3) In the counting of the votes cast at a Seanad election all the preferences recorded for a candidate named in a panel of whose death (whether before or after the completion of such panel) the Seanad returning officer is satisfied before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(4) Subject to the foregoing provisions of this section, the fact that a candidate named in a panel has (whether before or after the completion of such panel or before or after the close of the poll) died or become disqualified for membership of Seanad Eireann shall not invalidate or prejudice such panel or the nomination of such candidate thereto or any preferences recorded for him, and, if he is elected, his election shall not be invalidated by reason of his having so died or become disqualified, but he shall be deemed to have vacated his membership of Seanad Eireann immediately after his said election thereto.

35 Preparation and publication of the panels.

35.—(1) When, at the completion of the panels, the proceedings provided for in the foregoing sections of this Act have been completed, the Seanad returning officer shall prepare the five panels, each of which shall consist of a list (arranged in accordance with the subsequent provisions of this section) of the persons who have been found to be validly nominated thereto.

(2) Each of the panels shall be divided into two parts (in this Act referred to as sub-panels), one of which (in this Act referred to as the nominating bodies sub-panel) shall consist of a list of the persons nominated thereto by nominating bodies, and the other of which (in this Act referred to as the Dáil sub-panel) shall consist of a list of the persons nominated thereto by members of Dáil Eireann or, in the case of the administrative panel, either by such members or by ex-officio nominations.

(3) The persons named in a panel shall be described therein by their names, addresses and descriptions as stated in their respective nomination papers, and there shall be added to the description of every such person a statement of his qualifications for such panel as entered in the relevant provisional panel in pursuance of the foregoing provisions of this Act.

(4) The persons named in a part of a panel shall be arranged in such part in the alphabetical order of their surnames and, in the case of identity of surnames, of their other names.

(5) When the Seanad returning officer has prepared the five panels he shall publish them in the Iris Oifigiúil.

(6) The several panels as prepared and published by the Seanad returning officer in pursuance of this section shall be final and conclusive and not open to review by any Court.

PART IV. The Poll.

36 The electorate.

36.—At every Seanad election the electorate shall consist of—

(a) in the case of the first Seanad election, the members of Dáil Eireann mentioned in Article 54 of the Constitution or, in the case of every subsequent Seanad election, the members of Dáil Eireann elected at the Dáil election consequent on the dissolution of Dáil Eireann which occasioned such Seanad election, and

(b) the persons elected for the purpose by the councils of counties or county boroughs or the former members of such councils in pursuance of the provisions in that behalf of this Act.

37 Election of electors by councils.

37.—(1) Not later than, in the case of the first Seanad election, the 31st day of January, 1938, or, in the case of every subsequent Seanad election, one month after the dissolution of Dáil Eireann which occasions such Seanad election, every council of a county or a county borough shall elect in accordance with this section and regulations made thereunder seven persons (in this section referred to as electors) to the electorate for such Seanad election and shall, if such election is contested, hold a meeting of such council at which such election shall be held.

(2) The following provisions shall apply and have effect in relation to the election of electors in pursuance of this section, that is to say:—

(a) every candidate for election as an elector shall be nominated in writing by two members of the council (in this section referred to as the electing council) by which the election is being made;

(b) no person shall be elegible for election as an elector unless he is a member of the electing council;

(c) if such election is not contested, the secretary of the electing council shall, immediately after the close of the nominations, send to the Seanad returning officer the names, addresses, and descriptions of the electors who were duly so nominated;

(d) if such election is contested, the electors shall be elected by the members of such council present at the said meeting (or such of them as think proper to vote) voting by secret ballot on the system of proportional representation by means of the single transferable vote;

(e) as soon as practicable after the said voting is closed, the secretary of such council shall send to the Seanad returning officer all the ballot papers by which votes were given at such election and the Seanad returning officer shall count such votes in his office or other convenient place and ascertain therefrom the result of the election

(f) as soon as the Seanad returning officer has so ascertained the results of all the elections held in pursuance of this section, he shall prepare, sign, and publish in the Iris Oifigiúil a list of the persons elected at such elections, showing separately the persons elected by each electing council, and such statement as so published shall be a conclusive and final declaration of the result of every such election;

(g) the expenses of every election held in pursuance of this section (other than the expenses of things required by this sub-section to be done by the Seanad returning officer) shall be borne by the electing council and shall be raised, in the case of the council of a county, by means of the poor rate as a county-at-large charge and, in the case of the county boroughs of Dublin and Limerick, by means of the municipal rate and, in the case of the county boroughs of Cork and Waterford, by means of the poor rate or such other rate as the Minister shall direct.

(3) The following provisions shall apply and have effect in relation to every council of a county or a county borough which is for the time being dissolved under section 72 of the Local Government Act, 1925 (No. 5 of 1925), that is to say:—

(a) the electors who, if such council were not so dissolved, would be required, by the foregoing provisions of this section to be elected by such council shall be elected from amongst themselves by the surviving persons (in this Part of this Act referred to as the former members of such council) who were members of such council immediately before it was so dissolved and have not, since such dissolution, suffered an adjudication in bankruptcy or a conviction of a crime or offence which would have terminated their membership of such council if it had not been so dissolved or such of such persons as think fit to take part in such election;

(b) every candidate for election at such election shall be nominated in writing by two of the former members of such council;

(c) if such election is contested, a meeting of the former members of such council shall be summoned and the election shall be made at such meeting by the former members of such council present at such meeting (or such of them as think proper to vote) voting by secret ballot on the system of proportional representation by means of the single transferable vote;

(d) the provisions of the next preceding sub-section, so far as they are not inconsistent with the foregoing provisions of this section, shall apply with such modifications as shall be necessary or shall be prescribed by regulations made under this section.

(4) Neither the failure of a council or the former members of a dissolved council to hold an election in pursuance of this section nor the election by a council or the former members of a dissolved council of less than seven electors shall prejudice or affect the validity of the elections held in pursuance of this section by other councils or the former members of other councils or the validity and conclusiveness of the electoral roll or, where less than seven electors are so elected, the validity of the election of so many electors as are so elected.

(5) The Minister shall make such regulations and may give such instructions as he shall think proper for carrying this section into execution (including prescribing a limited time for the doing of any act or thing), and it shall be the duty of every council of a county or a county borough and the officers of every such council (including the officers of the person performing the duties of a dissolved council) to comply with all such regulations and instructions.

38 The electoral roll.

38.—(1) The Clerk of Dáil Eireann shall, not later than, in the case of the first Seanad election, the 31st day of January, 1938, or, in the case of every subsequent Seanad election, three days after he has received all the returns to the writs for the relevant Dáil election, send to the Seanad returning officer a statement of the names, addresses, and descriptions of the members of Dáil Eireann who are entitled under this Act to be members of the electorate at such Seanad election.

(2) So soon as the Seanad returning officer has received from the Clerk of Dáil Eireann the statement in relation to a Seanad election mentioned in the next preceding sub-section of this section and has ascertained the result of all the elections of electors duly held in pursuance of this Act by councils of counties or county boroughs (including any elections by former members of any such council which is for the time being dissolved) in relation to such Seanad election, the Seanad returning officer shall prepare for such Seanad election an electoral roll containing the names, addresses, and descriptions of all the persons who appear from such statement and results to constitute the electorate for such Seanad election.

(3) Where a person is a member of the electorate for a Seanad election by virtue of more than one qualification, his name shall nevertheless be entered once only in the electoral roll for such Seanad election.

(4) It shall be lawful for the Seanad returning officer to make such inquiries and take such steps as he shall think proper for ascertaining the correct name, address, and description of every person whose name is required to be entered in an electoral roll, but no inaccuracy in the name, address, or description of any person in an electoral roll shall invalidate such electoral roll.

(5) The persons whose names are entered in an electoral roll shall be arranged in such roll in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and shall be numbered consecutively in that order.

(6) Every electoral roll prepared under this section shall be final and conclusive and not open to review by any court, and the persons whose names are set out in any such electoral roll, and no other person, shall be entitled to vote at the Seanad election to which such electoral roll relates.

(7) The death of a person whose name is entered in an electoral roll shall not prejudice or affect the validity or operation of such electoral roll, whether such death occurred before or occurs after the preparation of such electoral roll.

39 Issue of copy of panels to electors.

39.—As soon as practicable after the completion of the electoral roll or the publication of the panels in the Iris Oifigiúil (whichever shall later happen) and in any event before the day appointed for the issue of ballot papers, the Seanad returning officer shall send by post to each person whose name is on the electoral roll, at his address stated on the electoral roll, a copy of the five panels as published in the Iris Oifigiúil, but with the modification that there shall, in such copy, be inserted in respect of every person on any panel a statement of the body or person or persons on whose nomination he was put on such panel.

40 The ballot papers.

40.—(1) The following provisions shall apply and have effect in relation to the ballot papers at a Seanad election, that is to say:—

(a) every ballot paper shall contain the names, addresses, and descriptions of all the candidates named in the several panels arranged in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and either in one continuous column or in two or more columns as the Seanad returning officer shall, with the consent of the Minister, consider to be most convenient;

(b) every ballot paper shall also state, in respect of every candidate named therein, the panel and sub-panel in which he is named as a candidate;

(c) the surnames of the several candidates shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters, save that, whenever the surnames of two or more candidates are the same, there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or of both the address and the description of each such candidate as will, in the opinion of the Seanad returning officer, effectively distinguish such candidate.

(2) Subject to the provisions of the next preceding sub-section of this section, the ballot papers shall be in the prescribed form and each ballot paper shall have a number printed on the back thereof and shall have attached thereto a counterfoil with the same number printed on the face of such counterfoil, and every ballot paper shall, at the time of issue thereof, be marked on both sides thereof with an official mark either stamped or perforated.

41 Method of marking votes on the ballot paper.

41.—(1) An elector in giving his vote must place on the ballot paper the figure 1 opposite the name of the candidate for whom he votes, and he may in addition place on the ballot paper the figures 2 and 3, or 2, 3 and 4, and so on opposite the names of other candidates in the order of his preference.

(2) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

(c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

(d) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate, or

(e) on which anything except the number on the back is written or marked by which the voter can be identified,

shall be invalid and shall not be counted.

42 Sending of ballot papers to electors.

42.—(1) On the day appointed for the issue of ballot papers at a Seanad election the Seanad returning officer shall send by registered post to each person whose name is on the electoral roll for that election at the address stated on such electoral roll a ballot paper together with a form of declaration of identity.

(2) Whenever a person to whom a ballot paper for a Seanad election should be sent under the foregoing sub-section of this section states in writing to the Seanad returning officer that more than twenty-four hours have elapsed since such ballot paper should have been delivered to him in the ordinary course of post and that he has not received such ballot paper and that he desires a duplicate ballot paper and declaration of identity to be issued to him, the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at the address mentioned in the foregoing sub-section a ballot paper and a declaration of identity all of which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(3) Every declaration of identity shall be in the prescribed form.

(4) The Seanad returning officer shall, when sending out ballot papers in pursuance of this section, observe the rules contained in the First Schedule to this Act.

43 Method of voting.

43.—(1) Every person entitled to vote at a Seanad election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking and returning by registered or ordinary post to the Seanad returning officer the ballot paper sent to him under this section together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(2) Whenever a person entitled to vote at a Seanad election states in writing to the Seanad returning officer that he duly returned by registered post to the Seanad returning officer the ballot paper and form of declaration of identity sent to him under this section and that the same does not appear to have been delivered to the Seanad returning officer and that he desires a duplicate ballot paper and declaration of identity to be issued to him, the Seanad returning officer, if such statement is received by him not less than forty-eight hours before the close of the poll at such election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at such election, may send by registered post to such person at his address as stated on the electoral roll a ballot paper together with a form of declaration of identity all of which, by being printed on paper of a special colour or otherwise, are clearly distinguished as duplicates of the ballot paper and form of declaration of identity originally sent to such person under this section.

(3) The Seanad returning officer in receiving and otherwise dealing with the ballot papers at a Seanad election shall observe the rules contained in the First Schedule to this Act.

44 Allocation of members amongst the panels.

44.—The numbers of members of Seanad Eireann to be elected from each of the panels shall be as follows, that is to say:—

(a) five members shall be elected from the cultural and educational panel, of whom one shall be elected from the Dáil sub-panel of that panel and four shall be elected from the nominating bodies sub-panel of the said panel;

(b) eleven members shall be elected from the agricultural panel, of whom six shall be elected from the Dáil sub-panel of that panel and five shall be elected from the nominating bodies sub-panel of the said panel;

(c) eleven members shall be elected from the labour panel, of whom six shall be elected from the Dáil sub-panel of that panel, and five shall be elected from the nominating bodies sub-panel of the said panel;

(d) nine members shall be elected from the industrial and commercial panel, of whom five shall be elected from the Dáil sub-panel of that panel and four shall be elected from the nominating bodies sub-panel of the said panel;

(e) seven members shall be elected from the administrative panel, of whom four shall be elected from the Dáil sub-panel of that panel and three shall be elected from the nominating bodies sub-panel of the said panel.

45 Ascertainment of the result of the election.

45.—(1) As soon as conveniently may be after the closing of the poll, the Seanad returning officer shall, in the presence of such candidates as may be in attendance, ascertain separately, in accordance with this Act and in particular the rules contained in the First and Second Schedules to this Act, the result of the election in respect of each panel and shall declare to be elected from such panel the candidates who are so ascertained to be elected.

(2) The decision of the Seanad returning officer as to any question arising on the ballot papers, the declarations of identity, or the envelopes containing the same or any other matter arising on the issue or the receipt of the ballot papers or on the counting of the votes shall be final, subject to review by a court trying an election petition in relation to the election.

46 Preservation of the secrecy of the voting.

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

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

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

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding six months.

47 Election petitions in relation to Seanad elections.

47.—(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Eireann shall apply to Seanad elections with the following modifications, that is to say:—

(a) the court trying an election petition in relation to a Seanad election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require;

(b) where the said court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected;

(c) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election;

(d) it shall not be obligatory on the said court to cause a recount to be made of the votes given for, or to investigate the voting or the counting of the votes in respect of, the candidates on a panel in relation to which the said court is satisfied that the voting in respect of the candidates on such panel is not in issue on such petition;

(e) references (including references by adaptation) to Dáil Eireann shall be construed as references to Seanad Eireann, and references (including references by adaptation) to the Chairman or the Ceann Comhairle of Dáil Eireann shall be construed as references to the Cathaoirleach of Seanad Eireann.

(2) No person who has voted at a Seanad election shall in any legal proceedings to question the election or return of any candidate at such election be required to state for whom he has voted.

48 Non-compliance with rules.

48.—No election of a candidate at a Seanad election shall be declared void by reason only of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms prescribed under this Act, if it appears to the tribunal having cognisance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election.

49 Postal services.

49.—All postal services (including all registration services) wholly within Ireland in relation to the issue and return of ballot papers at a Seanad election shall be performed by the Minister for Posts and Telegraphs without prepayment of the charges therefor, and all such charges shall be deemed to be part of the Seanad returning officer's expenses and shall be defrayed accordingly.

PART V. Miscellaneous.

50 Resignation of membership of Seanad Eireann.

50.—(1) A member of Seanad Eireann elected under this Act may voluntarily resign his membership of Seanad Eireann by notice in writing to the Chairman of Seanad Eireann who shall announce such resignation to Seanad Eireann at the next meeting thereof.

(2) The resignation under this section of a member of Seanad Eireann shall take effect immediately upon the announcement thereof by the Chairman of Seanad Eireann in pursuance of this section.

51 Election as university member and as panel member.

51.—Whenever at a general election of members of Seanad Eireann a person is elected as a member of Seanad Eireann by a university (in this section referred to as a university member) and is also elected as a member of Seanad Eireann under this Act (in this section referred to as a panel member), the following provisions shall have effect, that is to say:—

(a) such person shall, by writing under his hand delivered to the Clerk of Seanad Eireann before taking his seat in either capacity, declare whether he will sit in Seanad Eireann as a university member or as a panel member;

(b) if such person does not deliver within one month after the first meeting of Seanad Eireann after such general election, such declaration as is mentioned in the next preceding paragraph of this section to the Clerk of Seanad Eireann in accordance with that paragraph, such person shall be deemed to have declared at the expiration of such month that he will sit in Seanad Eireann as a university member;

(c) as soon as such person has declared or is deemed to have declared in which of the said capacities he will sit in Seanad Eireann, he shall be deemed to have resigned his seat in Seanad Eireann as a member thereof in the other of those capacities.

FIRST SCHEDULE. Conduct of Election.

SECOND SCHEDULE. The Counting of the Votes. Rejection of invalid ballot papers.