Seanad Electoral (Panel Members) Act 1947

(c) the day which will be the day of issue of ballot papers, and

(d) the day and hour (in this Act referred to as the close of the poll) on and at which the poll will be closed, and

(e) the address of the Seanad returning officer.

(4) A Seanad bye-election order shall be published in the Iris Oifigiúil as soon as may be after it is made.

57 Effect of a dissolution of Dáil Éireann.

57.—(1) Where a dissolution of Dáil Éireann takes place after a notice of a casual vacancy has been received by the Minister and before a Seanad bye-election order has been made in respect of the vacancy, the notice shall become and be annulled by the dissolution and, notwithstanding anything contained in this Part of this Act, a Seanad bye-election order shall not be made in respect of the vacancy.

(2) Where a dissolution of Dáil Éireann takes place after a bye-election order has been made and before the election in pursuance of the order has been completed, the order shall become and be annulled by the dissolution and no further steps shall be taken in respect of the order, but the annulment shall not prejudice or affect the right of the Seanad returning officer to be paid under this Act his reasonable charges in respect of duties performed in relation to the election before the dissolution.

58 Provision applicable where more than one casual vacancy.

58.—If at any time the Minister has received two or more notices of a casual vacancy which have not been annulled by a dissolution of Dáil Éireann and in respect of which he has not made a Seanad bye-election order, separate Seanad bye-election orders shall be made and separate elections shall be held in respect of each of the vacancies to which the notices relate.

Chapter II. Nominating Bodies Sub-panel Casual Vacancies.

59 Obligation to hold nomination committee (bye-election) meeting.

59.—Where the Minister makes a Seanad bye-election order in respect of a casual vacancy in the membership of Seanad Éireann which is stated in the order to be a vacancy in respect of the nominating bodies sub-panel of a particular panel, a meeting (in this Act referred to as a nomination committee (bye-election) meeting) of the nomination committee for the said panel shall be held on the day and at the place and hour appointed in that behalf by the order and, at least seven days before the meeting, the Seanad returning officer shall send by post to each person named in the electoral roll constituted under section 60 of this Act for the meeting a notice in the prescribed form with respect to the holding of the meeting.

60 Electoral roll for nomination committee (bye-election) meeting.

60.—(1) Where a nomination committee (bye-election) meeting is to be held, the Seanad returning officer shall prepare, from the register under section 21 of this Act, a list stating the names, addresses and descriptions of the members of the nomination committee and the list shall be the electoral roll for the purposes of the meeting and shall be final and conclusive.

(2) The several persons named in the electoral roll constituted under this section for a nomination committee (bye-election) meeting (and no other person) shall be entitled to vote at the poll (if any) at the meeting.

(3) The death of a person named in an electoral roll constituted under this section shall not prejudice or affect the validity or operation of the electoral roll.

61 Procedure at nomination committee (bye-election) meeting.

61.—The following provisions shall apply and have effect in relation to every nomination committee (bye-election) meeting:

(a) the Seanad returning officer shall preside at the meeting and shall conduct the proceedings thereof;

(b) the proceedings shall commence at the time appointed for the meeting by the relevant Seanad bye-election order if there is then a quorum or, if there is not then a quorum, when there is a quorum;

(c) the Seanad returning officer and his assistants and the persons named in the electoral roll constituted for the meeting under section 60 of this Act, and no other person, may be present at the meeting;

(d) each, member of the nomination committee attending the meeting shall, when or as soon as may be after he enters the meeting, sign his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances;

(e) the Seanad returning officer shall provide a sufficient number of the prescribed nomination forms and shall make such forms available to the members of the nomination committee present;

(f) any member of the nomination committee present may, at any time within one hour after the commencement of the proceedings, nominate a person for election;

(g) a nomination shall be made on a prescribed nomination form supplied by the Seanad returning officer and shall be signed by the member making the nomination and shall be handed by him to the Seanad returning officer;

(h) a nomination shall state the name, address, and description of the person thereby nominated and include a statement of his qualifications for the panel for which such nomination committee is the nomination committee;

(i) the Seanad returning officer shall reject any nomination which appears to him not to be made and completed in accordance with this section;

(j) any nomination may, at any time within one hour after the commencement of the proceedings, be withdrawn by the member who made it;

(k) the withdrawal of a nomination shall be affected by the member concerned endorsing on the nomination paper (which shall be handed to him for the purpose by the Seanad returning officer) a signed statement of withdrawal;

(l) the Seanad returning officer shall make every nomination accepted by him and every withdrawal of a nomination available for the inspection of the members of the nomination committee present;

(m) if, at the expiration of one hour from the commencement of the proceedings, two or more persons have been duly nominated, the Seanad returning officer shall, at such expiration, adjourn the meeting to a convenient time and place (whether on the same or a subsequent day) in order to take a poll for the purpose of selecting one of those persons;

(n) if, at the expiration of one hour from the commencement of the proceedings, one person and no more has been duly nominated, the meeting shall terminate at the expiration of the said hour and the Seanad returning officer shall make and sign a certificate of provisional election in accordance with the subsequent provisions of this Chapter;

(o) if, at the expiration of one hour from the commencement of the proceedings, no person has been duly nominated, the meeting shall terminate at the expiration of the said hour and the Seanad returning officer shall report the fact and the circumstances of such termination to the Minister.

62 The poll at a nomination committee (bye-election) meeting.

62.—When a nomination committee (bye-election) meeting has been adjourned for the purpose of taking a poll, the Seanad returning officer shall take the poll in accordance with the following provisions:

(a) the poll shall be taken on the day and at the time and place to which such meeting was adjourned, and shall be deemed to be a continuation of such meeting;

(b) the Seanad returning officer shall make available at the said place a suitable room for taking the poll and shall provide therein such ballot boxes, desks, and other furniture as he considers necessary and shall also provide a sufficient number of ballot papers;

(c) the Seanad returning officer and his assistants and the persons named in the electoral roll constituted for such meeting under section 60 of this Act, and no other person, may be present at the taking of the poll;

(d) at the said time to which such meeting was adjourned the Seanad returning officer shall open the poll and at the expiration of one hour from that time he shall close the poll;

(e) a person shall not be entitled to receive a ballot paper unless or until he has, either at the meeting before the adjournment thereof or at the taking of the poll, signed his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances;

(f) a person in giving his vote must place on the ballot paper the figure 1 opposite the name of the person 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 persons in the order of his preference;

(g) any ballot paper—

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

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

(iii) on which the figure 1 standing alone indicating a first preference and some other number is set opposite a name,

shall be invalid and shall not be counted;

(h) the Seanad returning officer shall take all such steps as he considers proper or expedient for preserving the secrecy of the voting at the poll;

(i) every question which arises at or in relation to the taking of the poll shall be decided by the Seanad returning officer and his decision on any such question shall be final and unappealable;

(j) at the close of the poll, the Seanad returning officer shall ascertain, in accordance with this Act and, in particular, the rules contained in the Second Schedule to this Act, the result of the poll and shall announce such result to the candidates then present (if any);

(k) the Seanad returning officer and his assistants and the candidates (or their duly appointed representatives), and no other person, shall be entitled to be present at the ascertainment of the result of the poll.

63 Certificate of provisional election.

63.—(1) If, at the expiration of one hour from the commencement of the proceedings at a nomination committee (bye-election) meeting, one person and no more has been duly nominated, the Seanad returning officer shall make and sign a certificate (in this Act referred to as a certificate of provisional election) in the prescribed form stating the name, address and description of such person.

(2) If a nomination committee (bye-election) meeting is adjourned for the purpose of taking a poll, the Seanad returning officer, shall when the counting of the votes at the poll has been completed, make and sign a certificate (in this Act also referred to as a certificate of provisional election) in the prescribed form stating the name, address and description of the person selected at the poll.

(3) The Seanad returning officer shall publish in the Iris Oifigiúil every certificate of provisional election made and signed by him in pursuance of this section and shall at the same time publish in the Iris Oifigiúil a notice stating the day and place appointed by the relevant Seanad bye-election order for the ruling upon nomination.

(4) A certificate of provisional election made, signed and published in pursuance of this section shall be conclusive evidence that the person named in the certificate was duly nominated at the nomination (bye-election) meeting to which it relates and either (as the case may be) that he was the only person so nominated or, if such meeting was adjourned for the purpose of taking a poll, that the poll was duly and properly taken and that such person was selected at the poll.

(5) The Seanad returning officer shall, during the period beginning on the day after the completion of a certificate of provisional election under subsection (2) of this section and ending on the day before the day of the ruling upon nomination, hold the nomination papers which he accepted available for inspection by candidates between the hours of 10 a.m. and 1 p.m. on weekdays.

64 The ruling upon nomination for nominating bodies sub-panel casual vacancy.

64.—(1) Where a Seanad bye-election order relates to a nominating bodies sub-panel casual vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by such order for the ruling upon nomination, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nomination) at which he shall rule upon the nomination stated in the certificate of provisional election.

(2) The following provisions shall apply and have effect in relation to every ruling upon nomination held in pursuance of this section:

(a) the Seanad returning officer shall produce the nomination paper handed to him at the nomination committee (bye-election) meeting of the person named in the certificate of provisional election;

(b) the Seanad returning officer shall consider and rule upon the validity of the nomination paper and the nomination purported to be made thereby;

(c) the Seanad returning officer shall reject the nomination as invalid if he rules that the nomination paper or the nomination purported to be made thereby is invalid or if he is not satisfied that such person possesses the qualifications stated in subsection 1 of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant Seanad bye-election order;

(d) when the Seanad returning officer has ruled upon the nomination—

(i) if he rejects the nomination, he shall so report to the Minister,

(ii) if he does not reject the nomination, the person nominated shall be deemed to be elected to fill the casual vacancy in the membership of Seanad Éireann mentioned in the relevant Seanad (bye-election) order.

65 Procedure on failure to obtain nomination.

65.—(1) Where the Seanad returning officer reports to the Minister—

(a) that a nomination committee bye-election meeting has terminated because no person has been duly nominated thereat, or

(b) that he has rejected a nomination at a ruling upon nomination held in pursuance of this Chapter,

the Seanad bye-election order in pursuance of which such meeting or ruling was held and all proceedings had in pursuance of such order shall become and be null and void and such order shall be deemed for the purposes of this Act never to have been made, and the Minister shall make a new Seanad bye-election order in lieu thereof.

(2) A new Seanad bye-election order made under subsection (1) of this section shall be a Seanad bye-election order within the meaning and for the purposes of this Act and this Act (including this section) shall apply and have effect in relation thereto, save that the time within which the Minister shall make such new Seanad bye-election order shall be whichever of the following periods later expires, that is to say, one hundred and eighty days after he receives the relevant notice of a casual vacancy from the Clerk of Seanad Éireann or sixty days after he receives the report mentioned in the said subsection (1) from the Seanad returning officer.

(3) The annulment of a Seanad bye-election order by virtue of this section shall not prejudice or affect the right of the Seanad returning officer to be paid under this Act his reasonable charges in respect of duties performed in pursuance of such order.

Chapter III. Oireachtas Sub-panel Casual Vacancies.

66 Obligation to hold election to fill Oireachtas sub-panel casual vacancy.

66.—Where the Minister makes a Seanad bye-election order in respect of a casual vacancy in the membership of Seanad Eireann which is stated in such order to be a vacancy in respect of the Oireachtas sub-panel of a particular panel, the Seanad returning officer shall hold, in accordance with this Chapter, an election to fill the vacancy and shall for that purpose send to the Clerk of Dáil Eireann a copy of the Seanad bye-election order together with such number of forms of nomination paper as such Clerk may reasonably require.

67 Nomination of candidates for Oireachtas sub-panel casual vacancy.

67.—(1) The following provisions shall have effect in relation to the nomination of candidates at an election to fill an Oireachtas sub-panel casual vacancy:

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

(b) a 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 mentioned in the relevant Seanad bye-election order;

(c) a nomination paper shall be signed by one member of the Oireachtas as proposer and by eight other members of the Oireachtas as assenting to the nomination;

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

(2) Where the Seanad returning officer receives a nomination paper before four o'clock in the afternoon on the day before the day which is appointed by the relevant Seanad bye-election order to be the last day for receiving nominations, the Seanad returning officer shall forthwith communicate in writing to the Clerk of Dáil Eireann the fact of the nomination paper having been so received and the name, address, and description, as stated in the nomination paper, of the candidate and the name, as similarly stated, of the proposer of the candidate.

(3) As soon as may be after twelve o'clock noon on the day which is appointed by the relevant Seanad bye-election order to be the last day for receiving nominations, the Seanad returning officer shall send to the Clerk of Dáil Eireann a list stating (in the alphabetical order of their surnames and, in case of identity of surname, their other names) the names, addresses, and descriptions, as stated in their respective nomination papers, of the candidates in respect of whom he had received nomination papers before twelve o'clock noon aforesaid and also stating, in respect of every such candidate, the name, as similarly stated, of his proposer.

(4) Any nomination paper received by the Seanad returning officer after twelve o'clock noon on the day which is appointed by the relevant Seanad bye-election order to be the last day for receiving nominations shall be void.

(5) If a member of the Oireachtas signs two or more nomination papers as proposer or as assenting (whether he signs both or all of the nomination papers in the same or in different capacities), both or all of the nomination papers shall be wholly void.

(6) Where the Seanad returning officer receives a nomination paper at an election to fill an Oireachtas sub-panel casual vacancy (other than a nomination paper declared by this Act to be wholly void or a nomination paper so received after the time limited by this Act for such receipt), he shall hold the nomination paper available for inspection by candidates between the hours of 10 a.m. and 1 p.m. on week-days during the period beginning on the day after the day of receipt of the nomination paper and ending on the day of the ruling upon nomination.

68 The ruling upon nomination for Oireachtas sub-panel casual vacancy.

68.—(1) Where a Seanad bye-election order relates to an Oireachtas sub-panel casual vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by the order for the ruling upon nomination, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nomination) at which he shall rule upon the nominations in respect of which nomination papers were received by him before twelve o'clock noon on the day appointed by the order to be the last day for receiving nominations.

(2) The following provisions shall have effect in relation to every ruling upon nomination held in pursuance of this section:

(a) the Seanad returning officer shall produce the several nomination papers received by him before twelve o'clock noon on the last day for receiving nominations and shall consider and rule upon the validity of each such nomination paper and of the nomination purported to be made thereby;

(b) the Seanad returning officer shall reject as invalid the nomination of any person in respect of whom he rules that the nomination paper of such person or the nomination thereby made is invalid or in respect of whom he is not satisfied that such person possesses the qualifications stated in subsection 1 of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant Seanad bye-election order;

(c) the Seanad returning officer shall rule as valid every nomination which he does not reject in pursuance of paragraph (b) of this subsection;

(d) when the Seanad returning officer rules as valid the nomination of any person, he shall forthwith enter in a list (in this Act referred to as the list of candidates) the name, address, and description of such person as stated in his nomination paper and the name of his proposer as similarly stated and a statement, in such form as the Seanad returning officer thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on the panel mentioned in the relevant Seanad bye-election order;

(e) when the Seanad returning officer has considered and ruled upon all the said nomination papers and the nominations made thereby, if only one person stands validly nominated the Seanad returning officer shall declare that person to be elected, but if two or more persons stand validly nominated, the Seanad returning officer shall adjourn the election and take a poll in accordance with the subsequent provisions of this Chapter.

(3) Immediately upon the completion of the ruling upon nomination, the Seanad returning officer shall sign the list of candidates and that list as so signed shall be conclusive evidence as to the persons who stand, or person who stands, validly nominated.

69 Electoral roll for Oireachtas sub-panel casual vacancy.

69.—(1) Where the Seanad returning officer adjourns an election under this Chapter for the purpose of taking a poll, he shall forthwith inform the Clerk of Dáil Eireann in writing of the adjournment, and send to him a copy of the list of candidates, and the said Clerk shall, not more than four days after being so informed, furnish to the Seanad returning officer a statement of the names, addresses, and descriptions of all the members of Dáil Eireann who are then entitled to sit and vote in that House.

(2) On receipt of a statement furnished pursuant to subsection (1) of this section in relation to an election, the Seanad returning officer shall prepare a list stating—

(a) the names, addresses and descriptions included in such statement, and

(b) the names, addresses and descriptions of all the members of Seanad Eireann who are then entitled to sit and vote in that House,

and the list shall be the electoral roll for the election and shall be final and conclusive.

(3) The several persons named in an electoral roll constituted under this section, and no other person, shall be entitled to vote at the poll at the election in respect of which such electoral roll is so constituted.

(4) The death of a person named in an electoral roll constituted under this section (whether such death occurred before or after the statement referred to in subsection (1) of this section was sent by the Clerk of Dáil Eireann to the Seanad returning officer) shall not prejudice or affect the validity or operation of the electoral roll.

70 Ballot papers for Oireachtas sub-panel casual vacancy.

70.—(1) The following provisions shall have effect in relation to the ballot papers at an election under this Chapter:—

(a) a ballot paper shall contain the names, addresses, and descriptions, of all the candidates 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, with the consent of the Minister, considers to be most convenient;

(b) the surnames of the several candidates shall be printed on a ballot paper 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 subsection (1) 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.

71 Method of marking votes on ballot paper for Oireachtas sub-panel casual vacancy.

71.—(1) An elector in giving his vote at an election under this Chapter 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.

72 Sending of ballot papers to electors.

72.—(1) On the day appointed for the issue of ballot papers at an election under this Chapter, 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) Where a person to whom a ballot paper for an election under this Chapter should be sent under subsection (1) 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 the election, shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at the election, may send by registered post to such person at the address mentioned in subsection (1) of this section a ballot paper and a declaration of identity both 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 such 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 Third Schedule to this Act.

73 Method of voting for Oireachtas sub-panel casual vacancy.

73.—(1) Every person entitled to vote at an election under this Chapter shall be entitled to vote at that election in the following and in 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 section 72 of this Act together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.

(2) Where a person entitled to vote at an election under this Chapter 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 section 72 of this Act and that they do 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 the election shall forthwith or, if such statement is received by him less than forty-eight hours before the close of the poll at the 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 both 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.

(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 Third Schedule to this Act.

74 Ascertainment of the result of election for Oireachtas sub-panel casual vacancy.

74.—(1) As soon as conveniently may be after the poll at an election under this Chapter has been closed, 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 Second and Third Schedules to this Act, the result of the election and shall declare to be elected the candidate who is so ascertained to be elected.

(2) The decision of the Seanad returning officer as to any question arising at an election under this Chapter 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, but subject, where an objection in writing to the decision has been delivered to the Seanad returning officer before the declaration of the result of the election, to review by a court trying an election petition in relation to the election.

75 Election petitions in relation to elections for Oireachtas sub-panel casual vacancies.

75.—(1) The enactments relating to the presentation and trial of election petitions in relation to election of members of Dáil Eireann shall apply to elections under this Chapter with the following modifications:

(a) the court trying an election petition in relation to an election under this Chapter shall not have power to declare the whole election to be void but may declare the election of the candidate 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) 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 Chairman of Seanad Eireann.

(2) A person who has voted at an election under this Chapter shall not, in any legal proceedings to question the election or return of any candidate at the election, be required to state for whom he has voted.

Chapter IV. General Provisions in respect of every ruling upon nomination under Chapter III.

76 The judicial referee at ruling upon nomination.

76.—(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at every ruling upon nomination held under this Part of this Act and shall there sit and act as judicial referee.

(2) The Seanad returning officer may, on his own motion, and shall, if so requested by the person who is named in the relevant certificate of provisional election or whose nomination is required by this Act to be ruled upon at the ruling upon nomination or by the agent of any such person, refer to the judicial referee any question arising during the ruling upon nomination in relation to any nomination paper, the nomination of any person, the qualifications of any person for the relevant panel, the statement by the Seanad returning officer of such qualifications, or any other matter connected with the nomination of any person.

(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.

77 Questions which may be raised at ruling upon nomination.

77.—(1) Subject to compliance (where appropriate) with subsection (2) of this section, at any ruling upon nomination held under this Part of this Act every question relevant to the nomination of any person, 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 or disqualification of any person for the relevant panel, may be raised by the Seanad returning officer or by the person who is named in the relevant certificate of provisional election or whose nomination is required by this Act to be ruled upon at such ruling upon, nomination or by the agent of any such person.

(2) Where a person other than the Seanad returning officer proposes to raise a question at any ruling upon nomination held under this Part of this Act, he shall deliver a statement of the question and of the grounds therefor to the Seanad returning officer at least two days before the day of the ruling upon nomination.

(3) Where the identity of the person purported to be nominated by a nomination paper is free from doubt, the 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.

(4) The Seanad returning officer may, for the purpose of deciding any question at issue during a ruling upon nomination held under this Part of this Act, 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.

(5) The judicial referee may, for the purpose of deciding any question at issue during a ruling upon nomination held under this Part of this Act, receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any person affected by such question (being, save where the judicial referee otherwise allows, evidence which was made available to the Seanad returning officer), and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.

78 Persons permitted to attend ruling upon nomination.

78.—The following (and no other) persons may be present at a ruling upon nomination held under this Part of this Act:

(a) the Seanad returning officer and his assistants;

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

(c) the person who is named in the relevant certificate of provisional election or any person whose nomination is required by this Part of this Act to be ruled upon at the ruling upon nomination;

(d) one agent of each of the persons referred to in paragraph (c) of this section;

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

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

79 Continuity of proceedings at ruling upon nomination.

79.—(1) The proceedings at a ruling upon nomination held under this Part of this Act 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 a ruling upon nomination are suspended under this section, the Seanad returning officer shall take all proper precautions for the security of the nomination papers and other relevant documents.

PART VI Miscellaneous.

80 Resignation of membership of Seanad Eireann.

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

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

81 Election as university member and as panel member.

81.—Where 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:

(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 the general election, such declaration as is mentioned in paragraph (a) of this section to the Clerk of Seanad Eireann in accordance with that paragraph, he shall be deemed to have declared at the expiration of that 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.

82 Preservation of the secrecy of the voting.

82.—(1) The Seanad returning officer and every officer and clerk concerned in the issue or the receipt of ballot papers or the counting of votes under this Act and every candidate or other person present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at the 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 the 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 any ballot paper.

(2) A person shall not interfere with or attempt to interfere with the receipt, marking, or return of the ballot paper of any elector at an election under this Act.

(3) A person shall not directly or indirectly induce any elector at an election under this Act to display his ballot paper after he has marked it 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) A 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.

83 Non-compliance with rules.

83.—An election of a candidate at an election under this Act shall not 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 the non-compliance or mistake did not affect the result of the election.

84 Postal services.

84.—All postal services (including all registration services) wholly within the State in relation to the issue and return of ballot papers at an election under this Act 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.

85 Transitory provisions.

85.—(1) The following provisions shall, notwithstanding any other provisions of this Act, have effect in relation to any Seanad general election held consequent on dissolution of Dáil Éireann occurring during the period beginning on the passing of this Act and ending on the publication under section 15 of this Act of the register of nominating bodies:

(a) the register published in the Iris Oifigiúil under section 19 of the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), on the 25th day of March, 1947, shall be deemed to be the register of nominating bodies;

(b) that register shall, for the purposes of sections 21 and 22 of this Act, be deemed to have been published on the passing of this Act;

(c) the person who, immediately before the passing of this Act, stood appointed under section 5 of the Seanad Electoral (Panel Members) Act, 1937, shall be deemed to be the Seanad returning officer, but if that person is unable through illness, absence or other cause to fulfil his duties, such person as may be appointed in that behalf by the Minister shall be deemed to be the Seanad returning officer;

(d) the Clerk of Seanad Éireann shall not later than thirty days after the dissolution of Dáil Éireann send to the Seanad returning officer a statement of the names, addresses and descriptions of the members of Seanad Éireann who are entitled to be members of the electorate at the Seanad general election;

(e) the Clerk of Seanad Éireann shall be deemed to be an authorised person for the purpose of rule 8 of the rules contained in the First Schedule to this Act;

(f) the Seanad returning officer shall, in lieu of retaining the duplicate certificate referred to in rule 27 of the rules contained in the First Schedule to this Act, send such duplicate to the Clerk of Seanad Éireann.

(2) The following provisions shall, notwithstanding any other provisions of this Act, have effect in relation to any Seanad bye-election held consequent on a notice of a casual vacancy sent or deemed to be sent to the Minister during the period beginning on the passing of this Act and ending on the publication under section 15 of this Act of the register of nominating bodies:—

(a) the register published under section 19 of the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), on the 20th day of March, 1947, shall be deemed to be the register of nominating bodies;

(b) that register shall, for the purposes of sections 21 and 22 of this Act, be deemed to have been published on the passing of this Act;

(c) the person, who, immediately before the passing of this Act, stood appointed under section 5 of the Seanad Electoral (Panel Members) Act, 1937, shall be deemed to be the Seanad returning officer, but if that person is unable through illness, absence or other cause to fulfil his duties, such person as may be appointed in that behalf by the Minister shall be deemed to be the Seanad returning officer;

(d) if the election is to fill an Oireachtas sub-panel casual vacancy and it is adjourned for the purpose of taking a poll—

(i) the Seanad returning officer shall forthwith on the adjournment inform the Clerk of Seanad Eireann in writing of the adjournment, and send to him a copy of the list of candidates, and the said Clerk shall, not later than four days after being so informed, furnish to the Seanad returning officer a statement of the names, addresses, and descriptions of all the members of Seanad Eireann who are then entitled to sit and vote in that House,

(ii) the said statement and the statement furnished by the Clerk of Dáil Éireann pursuant to subsection (1) of section 69 of this Act shall together be deemed to be the electoral roll constituted under the said section 69 for the election;

(e) the Seanad returning officer shall, in lieu of retaining the duplicate certificate referred to in rule 23 of the rules contained in the Third Schedule to this Act, send such duplicate to the Clerk of Seanad Éireann.

(3) A notice sent under section 5 of the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 (No. 20 of 1940) during the six months ending on the passing of this Act shall be deemed to be a notice of a casual vacancy sent to the Minister under this Act on the passing thereof.

(4) Notwithstanding section 44 of this Act, a person shall not be a member of the electorate at a Seanad general election by reason only of the fact that he was a member of the council of the county of Dublin at any time before the passing of this Act.

FIRST SCHEDULE. Rules for Conduct of Seanad General Elections.

Issue of ballot papers.

Attendance of candidates.

Persons present at issue of ballot papers.

Method of issuing ballot papers.

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

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

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

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

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

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

(i) a ballot paper for each panel, and

(ii) the said ballot paper envelope, and

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

(g) the outer envelope shall be effectually closed;

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

Issue of duplicate ballot papers.

Posting of ballot papers.

Preservation of electoral roll and counterfoils.

Procedure in connection with marking of ballot papers.

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

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

(I) the outer envelope,

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

(III) the covering envelope,

(IV) the ballot paper envelope,

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

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

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

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

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

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

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

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

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

(a) the Seanad returning officer,

(b) the Clerk of Dáil Éireann,

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

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

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

(f) the superintendent of the Garda Síochána in whose district is situate the said premises or, where the superintendent is unable through illness, absence or other cause to perform his duties, such inspector of the Garda Síochána performing duties in that district as the superintendent may nominate.

Seanad ballot box.

Disposal of covering envelopes on receipt.

Notice of counting of votes.

Opening of Seanad ballot box.

Persons present at counting of votes.

Procedure on opening of Seanad ballot box.

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

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

(i) which is not registered,

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

(iii) which is open, or

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

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

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

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

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

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

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

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

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

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

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

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

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

Ballot papers or declaration not in proper envelope.

Rejection of covering envelope.

Separation of rejected covering envelopes.

Rejection of declarations of identity.

Separation of rejected declarations.

Opening of ballot paper envelopes.

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

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

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

Counting the ballot papers.

Record of covering envelopes received.

Rejection of invalid ballot papers.

Continuity of proceedings.

Declaration of secrecy.

Certificate of result of the poll.

Publication of result of election.

Preservation of ballot papers

Retention of documents by Seanad returning officer.

Inspection of sealed packets.

Authority for inspection of sealed packets.

Compliance with orders of election tribunal.

Conclusiveness of production by Seanad returning officer.

Evidence of voting.

Endorsement of packets by Seanad returning officer.

Election tribunal.

SECOND SCHEDULE. Rules for Counting of Votes.

Rejection of invalid ballot papers.

The order of preferences.

Arrangement of ballot papers in parcels.

Value of each ballot paper.

Crediting values of first preferences.

Ascertainment of quota.

Candidates with quota deemed elected.

Transfer of surplus.

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

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

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

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

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

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

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

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

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

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

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

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

Exclusion of candidates.

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

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

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

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

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

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

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

Disposal of papers on transfer.

Filling the last vacancies.

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

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

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

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

Result sheet.

Precautions for preservation of secrecy.

Recount.

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

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

Definitions.

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

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

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

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

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

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

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

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

(d) which is void for uncertainty;

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

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

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

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

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

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

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

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

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

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

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

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

Issue of ballot papers.

Attendance of candidates.

Persons present at issue of ballot papers.

Method of issuing ballot papers.

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

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

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

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

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

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

(i) a ballot paper, and

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

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

(iv) the said ballot paper envelope;

(g) the outer envelope shall be effectually closed;