S.I. No. 185/1997:

NATIONAL MILK AGENCY (CONDUCT OF ELECTIONS) REGULATIONS, 1997

NATIONAL MILK AGENCY (CONDUCT OF ELECTIONS) REGULATIONS, 1997

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 20 and paragraph 5 (as amended by the Milk (Regulation of Supply) (Amendment) Act, 1995 (No. 36 of 1995), and the Milk (Regulation of Supply)(Amendment) Act, 1996 (No. 41 of 1996)) of the Schedule to the Milk (Regulation of Supply) Act, 1994 (No. 25 of 1994), hereby make the following regulations:

1. These Regulations may be cited as the National Milk Agency (Conduct of Elections) Regulations, 1997.

2. In these Regulations--

"the Act" means the Milk (Regulation of Supply) Act, 1994 (No. 25 of 1994)(as amended by the Milk (Regulation of Supply) (Amendment) Act, 1995 (No. 36 of 1995), and the Milk (Regulation of Supply) (Amendment) Act, 1996 (No. 41 of 1996));

"elector" means a producer entitled to vote at an election in accordance with paragraph 5 of the Schedule to the Act;

"notice of election" has the meaning assigned to it by Regulation 13.

3. (1) The Chairman of the Agency (or a person appointed by him) shall be the returning officer for the purposes of an election.

(2) The returning officer shall not be entitled to be nominated as, or to nominate, to act as agent for, or promote the interests of, a candidate at an election.

(3) The returning officer may delegate to a person such of his functions under these Regulations as he specifies, and functions so delegated to a person shall be performable by that person. Paragraph (2) of this Regulation shall apply to such a person.

4. (1) There shall be 2 constituencies for the purposes of an election.

(2) ( a ) The registered producers who on the first day of the month next preceding the month in which the election day falls, were suppliers of raw milk for heat treatment for liquid consumption, with one or more of the following, namely

(i) Athboy Co-Operative Creamery Limited,

(ii) Avonmore Foods pie,

(iii) Dealgan Milk Products Limited,

(iv) North Connacht Farmers Co-Operative Society,

(v) Premier Dairies Limited,

(vi) Town of Monaghan Co-Operative Agricultural and Dairy Society Limited,

(vii) Tuliamore Dairies Limited,

shall comprise a constituency and be entitled to elect 3 producer members to the National Milk Agency.

( b ) The registered producers who, on the first day of the month next preceding the month in which the election day falls, were suppliers of raw milk for heat treatment for liquid consumption, with one or more of the following namely

(i) Waterford Co-Operative Dairy and Trading Society Limited,

(ii) Clona Dairy Products Limited,

(iii) Dairygold Co-Operative Society Limited,

(iv) Golden Vale Food Products Limited,

(v) Dawn Dairies Limited,

(vi) Milltown Farm Dairies Limited,

(vii) Nenagh Co-Operative Creamery Limited,

(viii) North Cork Co-Operative Creameries Limited,

(ix) Oranmore Dairies trading as East Galway Dairies,

(x) Snowcream Limited,

(xi) Thurles Co-Operative Creamery Limited,

(xii) Wexford Creamery Limited,

shall comprise a constituency and shall be entitled to elect 2 producer members to the National Milk Agency.

5. (1) Each candidate at an election may be present or may appoint an agent to be present on his behalf at the opening of the ballot boxes.

(2) Each candidate at an election shall, not later than 7 days prior to the appropriate day, give notice to the returning officer of the name and address of any agent appointed by the candidate under this Regulation, and the returning officer may refuse to admit to the place where such ballot papers are to be issued or the ballot boxes are to be opened any such agent whose name and address has not been notified to him in accordance with this paragraph.

(3) In this Regulation "the appropriate day" means

( a ) in relation to an agent appointed by a candidate to be present at the issue of ballot papers to voters, the day on which the issue of such ballot papers is to commence, or

( b ) in relation to an agent so appointed to be present at the opening of the ballot boxes, the day on which such ballot boxes are to be opened,

as may be appropriate.

6. An election shall be conducted by the Agency from its office.

7. It shall be the duty of the returning officer to ensure that an election is conducted in a fair and impartial manner.

8. The returning officer shall fix a day not later than 14 days before the election day to be the closing date for the receipt of nomination papers.

9. Each candidate for election shall be nominated by not less than 15 registered producers.

10. (1) If the nomination of candidates or the poll conducted for the purposes of an election is interrupted or cannot be proceeded with the returning officer shall so inform the Minister by notice in writing.

(2) Where the Minister receives a notice under paragraph (1) of this Regulation he shall cancel the election

11. Voting at an election shall be by postal ballot.

12. The returning officer shall rule on the validity of nominations and his decision shall be final.

13. The returning officer at an election shall, not later than 14 days before the nomination day, give, in such manner as he considers appropriate, notice of the election (in these Regulations referred to as the "notice of election") which shall state

( a ) the election day;

( b ) the times, manner in which, and places at which nomination papers can be obtained;

( c ) the location of the Agency's office; and

( d ) any other particulars which the returning officer considers appropriate.

14. (1) A person shall not be nominated at an election without his consent.

(2) A person shall not have his proposed nomination, after it has been delivered to the returning officer, withdrawn without his consent.

(3) At an election a person shall not be entitled to have his name entered on a ballot paper unless he has been duly nominated and his nomination has been ruled as being valid by the returning officer.

(4) Nomination papers used at an election shall be in such form, and include such particulars as may be specified by the returning officer, and a separate nomination paper shall be used as regards each candidate at the election.

15. The returning officer at an election may require persons proposed for nomination as candidates or persons who propose or support the nomination of a candidate to establish their identity to his satisfaction.

16. (1) The returning officer shall attend to receive completed nomination papers at the place or places and times specified in that behalf in the relevant notice of election.

(2) Every completed nomination paper shall be delivered to the offices of the Agency within the time specified by the returning officer in the notice of election.

17. (1) At an election the returning officer shall number the nomination papers in the order in which they are received by him and he shall rule on the validity of such papers in the order in which he received them.

(2) The returning officer may object to the description of a candidate in a nomination paper if, in his opinion, the description is incorrect, insufficient to identify a candidate or unnecessarily long. Where the returning officer objects he shall allow the candidate or a person who he is satisfied is authorised to represent the registered producers who proposed the nomination to amend or delete the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate, and with such representative if present, or he may rule that the nomination is invalid as not being properly made out.

(3) When the returning officer has ruled on the validity of a nomination he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include in such note a statement of the reasons for his decision.

(4) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give notice of his ruling in such manner as he considers appropriate.

18. The returning officer shall cause to be published in a national newspaper a list of the candidates validly nominated at an election and the names of the registered producers by which the persons nominated as candidates were proposed.

19. (1) A candidate at an election may withdraw his candidature by a notice of withdrawal signed by him and delivered in person by him, or by a representative of the registered producers who proposed his nomination duly authorised by him in that behalf, to the returning officer not later than the hour of 12.00 noon on the day next following the day for receiving nominations at the election.

(2) Where the returning officer is satisfied that a candidate at an election wishes to withdraw his candidature but that neither the candidate nor a representative of the registered producers who proposed his nomination is able to attend in person in accordance with paragraph (1) of this Regulation, withdrawal of the candidature may be effected by delivering to the returning officer not later than the hour specified in the said paragraph (1) the notice of withdrawal signed by the candidate and by the person by whom the notice is to be delivered to the returning officer.

(3) Where, after the receipt of nominations at an election, the returning officer becomes aware that a candidate standing nominated has died, he shall, in such manner as he considers appropriate, immediately give notice to that effect.

20. Where, for the purpose of an election, the taking of a poll is required, the returning officer shall, as soon as practicable, and in such manner as he considers appropriate, give notice of--

( a ) the place and times for the counting of votes; and

( b ) any other particulars which he considers appropriate.

21. (1) Ballot papers shall be prepared in accordance with the following directions:

( a ) each ballot paper shall contain the names and descriptions of the candidates standing nominated, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are two or more candidates bearing the same surname, in the alphabetical order of their other names or if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer;

( b ) the surname of each candidate shall be printed in large characters and his other name as appearing on his nomination paper, shall be printed in smaller characters;

( c ) where the surnames of two or more candidates are the same, there shall also be printed in large characters on the ballot the other names of such candidates and so much of the descriptions of such candidates appearing in their respective nomination papers as would, in the opinion of the returning officer, distinguish such candidates;

( d ) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is most convenient;

( e ) the ballot papers shall be numbered consecutively on the back and the seal of the Agency shall be affixed to each ballot paper.

(2) Ballot papers shall not contain material other than such material as is specified in the directions contained in paragraph (1) of this Regulation.

22. Every ballot box used at an election shall be constructed so that it can be securely locked and so that while it is so locked ballot papers can be inserted therein but cannot be extracted and the lock and the aperture for the insertion of ballot papers can be sealed.

23. (1) Where at an election the taking of a poll is required the returning officer shall, as soon as practicable, send by post, a ballot paper to each registered producer entitled to vote in the election.

(2) The returning officer shall place in an envelope addressed to an elector

( a ) the ballot paper;

( b ) an envelope (in these Regulations referred to as a "covering envelope") addressed to the returning officer; and

( c ) a smaller envelope marked "Ballot Paper Envelope",

and shall effectually close the first-mentioned envelope.

(3) Where an envelope issued to an elector in accordance with this Regulation is returned to the returning officer before the election day as not having been delivered to the elector concerned, the returning officer may readdress the envelope and send it by post to that elector.

24. (1) At an election the returning officer shall provide ballot boxes for the reception of overing envelopes returned by electors. The returning officer shall make provision for the safe custody of every such box.

(2) On receipt of a covering envelope at the offices of the Agency the returning officer shall cause the covering envelope to be placed unopened in a ballot box provided by him in accordance with this Regulation.

25. At an election no person, other than a candidate, the returning officer's assistants or clerks, or a candidate's agent duly appointed under these Regulations, may be present, except with the permission of the returning officer, at the opening of the ballot boxes.

26. (1) When a ballot box has been opened, the returning officer shall extract the overing envelopes therefrom and count and note the number of covering envelopes so extracted.

(2) Where a ballot paper envelope does not contain a ballot paper, a suitable note should be made for counting purposes.

(3) Where, after the close of the poll at an election, the returning officer receives any covering envelopes or any envelopes addressed to electors returned undelivered, he shall not open them but shall put them aside in a separate packet along with such covering envelopes, if any, not containing ballot paper envelopes, and such items shall be disregarded for counting purposes.

(4) The returning officer shall endorse on each such packet mentioned in paragraph (3) of this Regulation a description of its contents.

27. The returning officer shall make adequate arrangements for the safe custody of the ballot boxes and of all documents connected with the poll.

28. (1) At the hour of 2.00 p.m. on the day next following the day on which the return of all ballot papers issued at an election to the returning officer is completed and at the office of the Agency, the returning officer shall, in the presence of the candidates' agents, open the ballot boxes.

(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number of ballot papers issued at the election. The returning officer shall prepare a statement showing the result of this comparison in respect of each constituency and shall, on request, allow any candidate or candidate's agent present to copy the statement.

(3) The returning officer shall then proceed to count the votes in accordance with the rules set out in the Schedule to these Regulations.

29. (1) The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with the Rules contained in the Schedule to these Regulations, ascertain and record the number of votes given to each candidate at an election.

(2) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.

(3) In counting the votes the returning officer shall credit the candidates at an election with votes in accordance with the Rules contained in the Schedule to these Regulations.

(4) The returning officer shall certify to the Minister the names of the candidates elected at an election under these Regulations.

30. On completion of the counting of the votes at an election, the returning officer shall arrange to have all documents relating to the election retained for one year at the expiration of which they shall be disposed of in such manner as the Agency shall direct.

GIVEN under my Official Seal,

this ____ day of ______________ 1997

________________________________

Minister for Agriculture, Food and Forestry.

SCHEDULE

Rules for Counting of Votes

Regulations 28 and 29

1. In these Rules--

"continuing candidate" means any candidate not deemed to be elected and not excluded;

"count" means

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

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

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

"deemed to be elected" means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

"determine by lot" means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and in the cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn;

"mark" means a figure, a word or a mark such as "X";

"non-transferable paper" means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate:

PROVIDED THAT a paper shall be deemed to have become a non-transferable paper whenever--

( a ) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference, or

( b ) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or

( c ) it is void for uncertainty;

"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;

"preference" shall be interpreted as follows:

( a ) "first preference" means any mark which, in the opinion of the returning officer, clearly indicates a first preference; "second preference" means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference; "third preference" means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference; and so on;

( b ) "next available preference" means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored;

"surplus" means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

"transferable paper" means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

"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.

2. (1) Any ballot paper:

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

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

( c ) on which anything is written or marked by which the voter can be identified,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words "one", "two", "three" (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(2) The returning officer shall endorse, "Rejected" on any ballot paper which under this Rule is not to be counted. The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of the subparagraphs (a), (b) and (c) of the preceding paragraph and shall, on request, allow any candidate or agent of a candidate to copy such statement.

3. (1) After the ballot papers have been mixed in accordance with Regulation 28 of these Regulations, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

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

4. (1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of members to be elected. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate. This number is referred to in these Rules as "the quota".

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

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

(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in subparcels according to the next available preferences recorded thereon.

(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the subparcel last received by that candidate and shall arrange the transferable papers therein in further subparcels according to the next available preferences recorded thereon.

(4) In either of the cases referred to in paragraphs (2) and (3) of this Rule the returning officer shall make a separate subparcel of the non-transferable papers and shall ascertain the number of papers in each subparcel of transferable papers and in the subparcel of non-transferable papers.

(5) If the surplus is equal to or greater than the total number of papers in the subparcels of transferable papers, the returning officer shall transfer each subparcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference. Where, however, the surplus is greater than such total number, a subparcel shall be made of a number of non-transferable papers equal to the difference between such total number and the surplus and the papers in such subparcel shall be set aside and not further taken into account and, for the purposes of Regulation 29(3) of these Regulations, shall be described as non-transferable papers not effective and the remaining non-transferable papers, also arranged as a subparcel, shall be placed with the papers of the candidate deemed to be elected.

(6) Where the surplus is less than the total number of transferable papers, the returning officer shall transfer from each subparcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference, that number of papers which bears the same proportion to the number of papers in the subparcel as the surplus bears to the total number of transferable papers. The number of papers to be transferred from each subparcel shall be ascertained by multiplying the number of papers in the subparcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be ignored. Where two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest subparcel, and if such subparcels are equal in size, the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7) The papers to be transferred from each subparcel shall be those last filed in the subparcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8) The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected when that surplus, together with any other surplus not transferred, is less than both

( a ) the difference between the quota and the number of votes credited to the highest continuing candidate, and

( b ) the difference between the numbers of the votes credited to the two lowest continuing candidates.

(9) Where at any time there are two or more surpluses, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then be transferred and, where appropriate, in the order of their descending magnitude.

(10) Where two or more candidates have each an equal surplus, the surplus which arose at the earliest count shall first be transferred, but if the surpluses arose at the same count, the returning officer shall determine by lot which of those surpluses shall be first transferred.

6. (1) If at any time no candidate has a surplus (or when under the preceding Rule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes and shall examine all the papers of that candidate, and shall arrange the transferable papers in subparcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each subparcel to the candidate for whom that preference is recorded, and shall make a separate subparcel of the non-transferable papers. The non-transferable papers shall be set aside and not further taken into account and, for the purposes of Regulation 29(3) of these Regulations, shall be described as non-transferable papers not effective.

(2) Where the total of votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude such two or more lowest candidates.

(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded and where the number of the original votes are equal, the returning officer shall determine by lot which shall be excluded.

7. (1) Where a transfer of votes is made under Rule 5 or 6 of these Rules, each subparcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of Rule 5 of these Rules before any other candidate is excluded.

8. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(2) When only one vacancy remains unfilled, and the votes of one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

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

(2) The power under the foregoing paragraph of a returning officer to recount at his discretion papers in any case in which he is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding once.

(3) As respects each candidate, one request (and not more) may be made by him or his agent for a complete re-examination and recount of all parcels of ballot papers, and the returning officer shall forthwith re-examine and recount the parcels of ballot papers accordingly. In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this Rule shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.

10. On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.

11. The decision of the returning officer, whether expressed or implied by his acts, on any question which arises in relation to the exclusion of any candidate under Rule 6 of these Rules or to any ballot paper or transfer of votes shall be final.