No. 19/1925:

LOCAL ELECTIONS ORDER, 1925.

LOCAL ELECTIONS ORDER, 1925.

THE LOCAL GOVERNMENT (IRELAND) ACTS, 1898 TO 1919.

WHEREAS by the Local Government (Application of Enactments) Order, 1898, being an Order in Council made on the 22nd day of December, 1898, in pursuance of Section 104 of the Local Government (Ireland) Act, 1898 (hereinafter referred to as " the Act of 1898 ") it was amongst other things ordered that the election of county councillors and urban and rural district councillors and of aldermen in boroughs and of guardians in boroughs and urban county districts and of commissioners of a town not being an urban district should, subject to the provisions of the Act of 1898, be conducted according to rules framed under the said Order by the Local Government Board for Ireland ; that the rules so framed should provide for the matters and things in the said Order mentioned ; and that at every election regulated by rules framed under the said Order, the poll should be taken by ballot, and the Ballot Act, 1872, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, and sections 56, 74 and 75 and Part IV. of the Municipal Corporations Act, 1882, as amended by the last-mentioned Act (including the penal provisions of those Acts) should, subject to adaptations, alterations and exceptions made by such rules, and to certain provisions specified in the said Order, apply in like manner as in the case of a municipal election :

AND WHEREAS it is enacted by the Local Government (Ireland) Act, 1919 (hereinafter referred to as " the Act of 1919 ") that the said Board may make such Orders as appear to them to be necessary or proper for giving full effect to the Act of 1919, including Orders—

(a) Prescribing the method of voting and transferring and counting votes at any election of the aforesaid aldermen, councillors, guardians and town commissioners which is required to be conducted according to the principle of proportional representation in pursuance of the Act of 1919, and the duties of returning officers thereat ; and

(b) Adapting any of the provisions of the Act of 1898, or of the aforesaid or any other Order of the Council made thereunder or of any other enactment (including any local Act) relative to local elections, to county or district electoral divisions or wards, to the powers and duties of local authorities, or to members, committees, and officers thereof in such manner as may appear to them to be necessary in order to bring such provisions into conformity with the provisions of the Act of 1919 :

AND WHEREAS the Local Elections (P.R.I.) Order, 1919, was made by the said Local Government Board for Ireland in exercise of the powers conferred on them as aforesaid :

AND WHEREAS the said powers are now vested in Me, the Minister for Local Government and Public Health :

AND WHEREAS it is expedient that the said Local Elections (P.R.I.) Order, 1919, be now revoked, and the provisions contained in this Order substituted therefor :—

NOW, THEREFORE, I, the Minister for Local Government and Public Health, in exercise of the powers vested in Me as aforesaid, do hereby revoke and rescind the Local Elections (P.R.I.) Order, 1919, and do by this My Order frame and prescribe the Rules hereinafter set forth for the conduct of elections of county councillors and urban and rural district councillors, and of aldermen in boroughs and of guardians in boroughs and urban county districts, and of commissioners of a town not being an urban district, and as to the method of voting and transferring and counting votes at such elections, and the duties of returning officers thereat, and I do also make hereby in the Statutes hereinafter mentioned and specified in the tenth schedule annexed to this Order, the adaptations, alterations and exceptions appearing in the said Rules, and do apply the said statutes in manner following, that is to say :—

1. The rules hereinafter set forth shall have effect subject to any directions which may be given by Me, and until I shall otherwise Order.

2. (1) The clerk of the local authority shall be the returning officer for the election of members of such authority. Provided that the town clerk of the Borough or the clerk of the Urban District Council shall be the returning officer for the election of guardians for so much of any poor law union as may be situate in such Borough or Urban District.

Appointment.

(2) If the office of clerk is vacant when any duty relative to the election has to be performed by him, or if he, from illness or other cause, is unable to perform or to complete the performance of such duty, the Lord Mayor or Mayor or Chairman of the local authority, or the acting deputy for such Mayor or Chairman, shall appoint some other person to act as returning officer, or to perform such of the duties of the returning officer as remain to be performed. The person so appointed shall be subject to My approval, and shall give to the local authority such security for the due performance of his duties as I may approve.

(3) In any case which does not come within either sub-section (1) or sub-section (2) of this Article, the returning officer shall be a person appointed by the County Council.

Office.

(4) The returning officer shall appoint the office of the local authority or some other convenient place within the district of the local authority as an office for the purpose of the election.

(5) Subject to the provisions of this Order the returning officer shall provide nomination papers, polling stations, ballot boxes, ballot papers, stamping instruments, copies of registers of electors, office equipment and appliances for sorting and counting of votes. He shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of electors or such part thereof as contains the names of the voters allotted to vote at such polling station. He shall keep the official mark secret. He shall appoint and pay such officers, and he shall do such other acts and things as may be necessary for effectively conducting the election.

3. (1) The returning officer may, in writing, appoint a fit person to be his deputy for all or any of the purposes relating to the election of members of the local authority, provided that, for the purpose of the taking of the poll at the election of county councillors, the returning officer shall, unless I otherwise direct, appoint the clerk of each urban and rural district in the county to be his deputy, and shall provide each such deputy returning officer with a sufficient supply of the election requisites mentioned in Article 2 (5) of this Order, and may appoint for each polling station and pay such other officers as may be necessary for taking the poll at such election of county councillors, not exceeding one presiding officer and one poll clerk for each five hundred Local Government electors entitled to vote at such polling station. A deputy returning officer shall have all the powers, duties and liabilities of the returning officer in relation to the matters in respect of which he is appointed as deputy.

Appointment.

Powers.

(2) Every deputy returning officer shall, in so far as he acts as returning officer, be deemed to be included in the term returning officer.

Assistants.

(3) The returning officer may, in addition to any polling clerks, appoint competent persons to assist him in the counting of the votes.

Restrictions.

(4) No person shall be appointed by a returning officer for the purposes of an election who or whose partner, clerk, or employer has been acting or has been employed by any other person in or about the election.

Declaration.

4. Every returning officer, and every officer, clerk, or agent authorised to attend at a polling-station, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy, in the presence, if he is the returning officer, of a peace commissioner, and if he is any other officer or an agent, of a peace commissioner, or of the returning officer ; but no such returning officer, officer, clerk, or agent as aforesaid, shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election.

5. Every officer, clerk and agent in attendance at a polling station shall maintain and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person any information, as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to express or has expressed a preference or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to express or has expressed a preference, or as to the number on the back of the ballot paper given to any voter at such station. Every officer, clerk, agent, and person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate or candidates for whom any preferences have or have not been expressed in any particular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate or candidates for whom he has or has not expressed a preference.

Penalty.

Every person who acts in contravention of the provisions of this Article shall be liable, on summary conviction, to imprisonment for any term not exceeding six months, with or without hard labour.

6. (1) If a person who is required, or who has undertaken to act as returning officer or deputy returning officer, at an election of members of a local authority, neglects or refuses to conduct or declare the election in manner provided by the Local Government (Ireland) Acts, 1898 to 1919, and by this Order, or by any subsequent enactment, order, or regulation, he shall for every such offence be liable to a fine not exceeding one hundred pounds, recoverable by action.

(2) An action under this section shall not lie after three months from the neglect or refusal.

7. Every returning officer, presiding officer, and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Order shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act, or omission a penal sum not exceeding one hundred pounds.

Misdemeanour.

No returning officer or officer appointed by him in connection with the election of members of a local authority, nor any partner or clerk of any such officer, shall act as agent for any candidate in the management or conduct of his election as a member of such local authority. If any returning officer or officer appointed by him, or the partner or clerk of any such officer, shall so act he shall be guilty of a misdemeanour.

Days.

8. The days of the elections of members of local authorities shall be those mentioned in the Second Schedule.

9. Not later than the day mentioned for that purpose in the Second Schedule, the returning officer shall prepare and sign a notice of the election, and shall cause such notice to be given (Article 84) in each local electoral area for which the election is to be held. The notice shall be in the Form No. l, in the Third Schedule to this Order, or in a form to the like effect.

10. (1) Each candidate for election as a member of a local authority shall be nominated in writing.

In writing.

Particulars.

(2) The nomination paper shall state the name of the local electoral area for which the candidate is nominated, the surname and other name or names in full and number on the Register, if any, of the candidate, and his place of abode and description, and that he is qualified by law for election as a member of the local authority, and the nature of such qualification. It shall be signed by two local government electors of the local electoral area as proposer and seconder, and no more, and shall state their respective places of abode and their numbers on the Register. It shall be in the form set out in the notice in the Form No. 1 in the Third Schedule, or in a form to the like effect.

Limitations on Candidates.

(3) The name of more than one candidate shall not be inserted in any one nomination paper.

Limitations on Nominators.

(4) A Local Government elector shall not sign more nomination papers than there are members of the local authority to be elected for the local electoral area : nor shall he sign a nomination paper for any local electoral area other than one in respect of which he is registered as an elector.

Selection of nomination papers.

(5) If any Local Government elector shall sign nomination papers for more than one local electoral area, the nomination papers signed by him relating to the first local electoral area for which a nomination paper signed by him is received by the returning officer shall alone be valid, and of the nomination papers signed by him which relate to that local electoral area such as are first received by the returning officer up to the number of members of the local authority to be elected shall alone be valid. Provided that for the purposes of this paragraph nomination papers not properly filled up and signed shall be excluded.

11. The returning officer shall provide nomination papers. Any Local Government elector may obtain nomination papers from the returning officer, not exceeding in number the number of the vacancies to be filled in the electoral area, free of charge.

12. Every nomination paper shall be delivered in person either by the candidate or by his proposer or seconder to the returning officer at his election office during the usual office hours within the time prescribed for that purpose by the Second Schedule to this Order. A nomination paper received after that time shall not be valid. The returning officer shall note on each nomination paper whether it was received before or after that time.

13. (1) The returning officer shall number the nomination papers in the order in which they are received by him ; and the first valid nomination paper received from a candidate or from his proposer or seconder for election as a member of the local authority in respect of a local electoral area shall be deemed to be the nomination of that candidate for election as a member of the local authority, and any other nomination of that candidate for election as a member of the local authority in respect of that or any other local electoral area which may be subsequently received shall have no operation or effect whatever.

Validity.

(2) The returning officer shall, as soon as practicable after the receipt of any nomination paper, examine and decide whether it has or has not been properly filled up and signed by two Local Government electors, and whether it is or is not invalid. His decision that a nomination paper has been so filled up and signed, and is not invalid, shall be final, and shall not be questioned in any proceeding whatever.

Invalidity.

(3) If the returning officer shall decide that a nomination paper is invalid, he shall put a note on it to that effect, stating the grounds of his decision, and he shall sign such note.

Notice to candidates.

(4) After deciding that the nomination of any candidate is valid, or (except where some other nomination of the candidate has been decided to be valid) that a nomination paper for any candidate is invalid, the returning officer shall, not later than the day prescribed for that purpose by the Second Schedule to this Order, send, by post or otherwise, notice in writing of his decision to the candidate.

14. (1) If any person forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any forged nomination paper, knowing it to be forged, he shall be guilty of a misdemeanour, and shall be liable to imprisonment for any term not exceeding six months, with or without hard labour.

(2) An attempt to commit any such offence shall be punishable as the offence is punishable.

15. Not later than the day prescribed for that purpose by the Second Schedule the returning officer shall make out a notice in the Form No. 2 in the Third Schedule, or in a form to the like effect, containing the names, places of abode, numbers on the Register, if any, and descriptions of the persons validly nominated for election for the several electoral areas for which the election is to be held. He shall forthwith cause a copy thereof to be affixed on the principal external gate or door of the public office of the local authority.

16. Any person nominated may withdraw from candidature by either delivering himself or causing his proposer or seconder to deliver to the returning officer at his election office during the usual office hours, and within the time prescribed for that purpose by the Second Schedule to this Order, a notice in writing of such withdrawal, signed by him.

17. (1) If the number of candidates who have been validly nominated for election for any local electoral area, and who do not withdraw their candidature, exceeds the number of members of the local authority to be elected for the area, the members shall be elected from among the persons so nominated.

Election to be held when Candidates exceed Vacancies.

No Poll to be taken when Candidates equal Vacancies.

(2) If the number of candidates who have been validly nominated for any local electoral area is in any case equal to or is, by the withdrawal of any candidate, or otherwise, in any case reduced to a number equal to the number of vacancies, the returning officer shall, as early as practicable, give public notice (Article 84), that no poll will be taken, and that the candidates so nominated will be declared to be elected as members of the local authority.

No Poll to be taken when Candidates are less than Vacancies.

(3) If the number of candidates who have been validly nominated for any local electoral area is less than or is, by the withdrawal of any candidate, or otherwise, reduced to a number less than the number of vacancies, the returning officer shall give public notice (Article 84) that no poll will be taken, and that the candidates so nominated will be declared to be elected as members of the local authority ; and also that such of the retiring members of the local authority (representing the area embraced in that local electoral area) as were highest in order of declaration at their election or if there was no poll at that election as the returning officer shall have selected by lot to make up the required number, shall be deemed to be re-elected as members of the local authority.

No Candidate Nominated.

(4) If, after due notice has been given of the election, no candidate receives a valid nomination, the returning officer shall give public notice (Article 84) that the retiring members of the local authority have been deemed to be re-elected as members thereof.

Notice to elected Candidates.

(5) The returning officer shall forthwith send, by post or otherwise, a copy of any notice under this Article to each of the persons who have been elected or re-elected as a member of the local authority. The notice shall be in the Form No. 3 or the Form No. 4, as the case may be, in the Third Schedule or in a form to the like effect.

Day and hours.

18. The poll, if any, shall be held on the day of election, and the hours during which the poll shall be open shall be from 8 a.m. to 8 p.m.

19. In every local electoral area the returning officer shall provide a sufficient number of polling stations for the accommodation of the electors entitled to vote in such electoral area, and shall distribute the polling stations amongst those electors as he may deem convenient. Provided as follows :—

Licensed premises.

(1) No premises licensed for the sale of intoxicating liquor shall be used for a polling station.

School houses.

(2) The returning officer may, if he deem it necessary, for the purpose of taking the poll, use free of charge any room or rooms in a school receiving a grant out of moneys provided by the Oireachtas, and any rooms the expense of maintaining which is payable out of any local rate, but he shall make good any damage done to such rooms, and defray any expense incurred by the person or body of persons, corporate or unincorporate, having control over the same on account of the said use thereof. This provision shall not apply to any school adjoining or adjacent to any church or other place of worship, nor to a school connected with a convent or other religious establishment.

Unoccupied houses.

(3) The use of any room in an unoccupied house for taking the poll shall not render any person liable to be rated or to pay any rate for such house.

Polling booths.

(4) A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth.

20. Each candidate may, in writing, appoint a polling agent for each room or booth, who may be paid or unpaid. Any such appointment shall be delivered to the returning officer at his election office during the usual office hours not less than two clear days before the day of the poll. Except as aforesaid, no polling or personation agent, whether paid or unpaid, shall be appointed for the purposes of the election.

21. (1) If a poll has to be taken, the returning officer shall, within the time prescribed for that purpose by the Second Schedule, give public notice thereof (Article 84).

The notice shall specify :—

(a) the day and hours fixed for the poll ;

(b) the names, place of abode, number on the Register, if any, and description of each candidate for the local electoral area whom he has decided to have been nominated by a valid nomination paper, and who has not withdrawn his candidature ;

(c) the names of the proposer and seconder who signed the nomination paper of each candidate, with their respective places of abode, numbers on the Register, if any, and the initial letter, if any, of the polling district ;

(d) a description of the polling districts, if any ; and

(e) the situation and allotment of the polling places and polling stations, and the description of the persons entitled to vote thereat.

(2) The notice shall be in the Form No. 5 in the Third Schedule, or in a form to the like effect.

22. The returning officer, or some person appointed by him, for the purpose, shall preside at each polling station. The person presiding at any polling station shall be called the Presiding Officer.

23. If the returning officer presides at any polling station, the provisions of this Order relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or by the presiding officer to the returning officer.

24. For the purpose of the adjournment of the poll, a presiding officer shall have the power by law belonging to a returning or to a deputy returning officer in a Dáil election ; and any presiding officer and any clerk appointed by the returning officer to attend at a polling station shall have the power of asking the questions and administering the oath authorised by law to be asked of and administered to voters, and any Peace Commissioner and any returning officer may take and receive any declaration authorised by this Order to be taken before him.

25. The clerks appointed to assist him, if required by the presiding officer, may do any act which he is required or authorised to do in pursuance of this Order at a polling station, except ordering the arrest, exclusion, or ejection from the polling station of any person.

26. The presiding officer appointed to preside at each polling station shall keep order at his station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates, and the constables on duty.

Order at.

27. No person shall be admitted to vote at any polling station except the one allotted to him.

28. If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by any constable in or near that station, or any other person authorised in writing by the returning officer to remove him ; and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station during the day.

Any person so removed as aforesaid, if charged with the commission in such station of any offence, may be kept in custody until he can be brought before a District Justice.

Provided that the powers conferred in pursuance of this Article shall not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at such station.

29. The returning officer shall furnish every polling station with a sufficient number of compartments in which the voters can mark their votes screened from observation, and shall furnish each presiding officer with such number of ballot papers as may be necessary for effectually taking the poll at the election.

30. Every Local Government elector shall have one transferable vote.

Vote of.

31. Directions for the guidance of the voter in voting, in accordance with the Form contained in the Fourth Schedule, shall be printed in conspicuous characters and placarded outside every polling station, and in every compartment of a polling station.

32. The ballot of each voter shall consist of a paper (in this Order called a ballot paper) containing a list of the candidates described as in their respective nomination papers, and arranged alphabetically in the order of their surnames, and (if there are two or more candidates with the same surname) in the order of their other name or names.

33. Each ballot paper shall have a number printed on the back, and shall before issue to the voter be detached from a counterfoil with the same number printed on the face. The ballot paper shall be in the form set forth in the Fifth Schedule.

34. If in the register of electors for an electoral area the same numbers have been placed opposite to the names of several electors, the returning officer shall put a distinguishing mark on each several part of the register which contains such corresponding numbers, and when the number of any voter on any such several part of the register is entered on the counterfoil of a ballot paper, the distinguishing mark on that several part of the register shall also be entered on the counterfoil.

35. The ballot paper shall be delivered to the voter within the polling station, and immediately before such delivery it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name and description of the voter as stated in the copy of the register shall be called out, and the number of such voter, together with the distinguishing mark, if any, of the part of the register in which the number occurs, shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the voter, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.

36. The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments, in the polling station, and there secretly record his vote, and fold up his ballot paper so as to conceal such vote, and shall, after having shown the official mark on the back thereof to the presiding officer, put his ballot paper, so folded up, into the ballot box in the presence of the presiding officer.. The voter shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box.

37. Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom, without the box being unlocked. The presiding officer at any polling station, just before the commencement of the poll, shall show the ballot box empty to such persons, if any, as may be present in such station, so that they may see that it is empty, and shall then lock it up, and place his seal upon it in such a manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

38. An elector in recording his vote :—

(1) Must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes ;

(2) He may in addition place on his ballot paper the figure 2 or 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.

Method of.

39. The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in manner prescribed by this Order, or (if the poll be taken on Saturday) of any voter who declares that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by this Order, or of any voter who makes such a declaration as hereinafter mentioned that he is unable to read, shall, in the presence of the agents of the candidates, cause the vote of such voter to be recorded on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot box, and the name and number on the register of voters of every voter whose vote is recorded in pursuance hereof, and the reason why it is so recorded shall be entered on a list, in this Order called " the list of votes recorded by the presiding officer."

In carrying out the provisions of this Article the presiding officer shall observe the directions contained in the Sixth Schedule.

The declaration, in this Order referred to as " the declaration of inability to read," shall be made by the voter at the time of polling, before the presiding officer, who shall attest it in the form contained in the Seventh Schedule, and no fee, stamp, or other payment shall be charged in respect of such declaration, and the said declaration shall be retained by the presiding officer.

40. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Order called a spoilt ballot paper) and the spoilt ballot paper shall be immediately cancelled.

41. Any ballot paper which does not bear the official mark, or on which :—

(a) the figure 1 standing alone indicating a first preference for some one candidate is not placed ; or on which

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

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

(d) any mark is made by the voter not authorised by this Order ; or on which anything except the number on the back [as provided in Article 33] is written or marked by which the voter could be identified, shall be void and not counted.

42. (1) A Local Government elector shall not vote in more than one local electoral area in the district of the local authority.

(2) The presiding officer may, and if required by any duly appointed polling agent shall, put to any elector at the time of his applying for a ballot paper, but not afterwards, the following questions, or one of them, and no other :—

(a) Are you the person entered in the register of Local Government electors for this local electoral area as follows (read the whole entry from the register) ?

(b) Have you already voted at the present election of members of this local authority in this or any other local electoral area ?

(3) A person required to answer either of these questions shall not receive a ballot paper or be permitted to vote until he has answered it in the manner and to the effect set forth in Article 43 of this Order.

43. If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall upon duly answering the questions permitted in pursuance of Article 42 to be asked of voters at the time of polling, and upon taking an oath in the form hereinafter set out, which the presiding officer shall administer, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Order called a " tendered ballot paper ") shall be of a colour differing from the other ballot papers, and, instead of being put into the ballot-box, shall be given to the presiding officer, and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet, and shall not be counted by the returning officer. And the name of the voter and his number on the register shall be entered on a list, in this Order called the " tendered votes list."

The oath shall be administered in the following form :—

" You do swear that you are the same person whose name appears as A.B. in the Register of Local Government electors for the local electoral area of     , and that you have not already voted at the present election of members of this local authority for this or any other local electoral area."

" SO HELP YOU GOD."

Provided that any person entitled to affirm in lieu of taking an oath may affirm in the following form :—

" I, A.B., do solemnly, sincerely, and truly declare and affirm that I am the same person whose name appears as A.B. on the Register of Local Government electors for the local electoral area of     , and that I have not already voted at the present election of members of this local authority for this or any other local electoral area."

44. It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, at the election for which he is a returning officer, and the costs and expenses of the prosecutor and the witnesses in such case, together with compensation for their trouble and loss of time, shall be allowed by the Court in the same manner in which Courts are empowered to allow the same in cases of felony.

Sections 93 to 96, both inclusive, of the Representation of the People (Ireland) Act, 1850 (as applied to Local Government elections by Section 24 of the Ballot Act, 1872, and adapted by any Order under the provisions set out in the Sixth Schedule to the Representation of the People Act, 1918) shall apply to personation at an election of members of a local authority in the same manner as they apply to a person who knowingly personates and falsely assumes to vote in the name of another person as mentioned in the said Act, but with the substitution of the words " any elector or any agent appointed under the Local Elections Order, 1925," for " any such agent so appointed as aforesaid," or for any reference to any such agent, and with the substitution of the words " the presiding officer " for " the returning officer or his respective deputy."

45. (1) The presiding officer of each station, as soon as practicable after the close of the poll, shall make up into separate packets sealed with his seal :—

Duties of Presiding Officer.

(a) Each ballot box in use at his station, unopened but with the key attached, and sealed up so as to prevent the introduction of additional ballot papers, or abstraction of ballot papers ; and

(b) The unused and spoilt ballot papers, placed together ; and

(c) The tendered ballot papers ; and

(d) The marked copies of the register of electors, and the counterfoils of the ballot papers ; and

(e) The tendered votes list, and the list of votes marked by the presiding officer, and a statement of the number of the voters whose votes are so marked by the presiding officer under the heads " physical incapacity," " Jews," and " unable to read," and the declarations of inability to read ;

and shall, unless he is himself such officer, deliver such packets to the returning officer, or deputy returning officer by whom the votes are to be counted.

46. The packets mentioned in Article 45 shall be accompanied by a statement made by such presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers in the ballot box, unused, spoilt, and tendered ballot papers. The statement in this Order referred to as the " ballot paper account," is to be enclosed in a sealed envelope, and so endorsed.

47. (1) Each candidate may appoint an agent to attend the counting of the votes.

Declaration of Secrecy of and interference by Candidates or Agents.

(2) A candidate may himself undertake the duties which any agent of his, if appointed under this Article, might have undertaken, and may, if he does not appoint such an agent, be himself present at the counting of the votes, or may himself take the place of such agent. Such candidate or agent shall not interfere with nor enter into discussion with any officer appointed for the purpose of the counting of the votes, other than the returning officer, nor shall he handle or interfere with any ballot paper during the course of the count. The returning officer may eject or cause to be ejected from the room or rooms where the count is being proceeded with any candidate or agent so offending, or who obstructs the returning officer in the performance of his duties. The person so ejected shall not be re-admitted. Any person acting under this Article, shall before so acting, if he has not already done so, make the statutory declaration as to secrecy required under Article 4 of this Order, but he shall not so act until he has made such declaration.

Names of Agents to be communicated.

(3) The name and address of every agent of a candidate appointed to attend the counting of the votes shall be delivered to the returning officer at his election office during the usual office hours one clear day at the least before the opening of the poll ; and the returning officer may, except in the circumstances provided for in Article 47 (4), refuse to admit to the place where the votes are counted any agent whose name and address has not been so delivered, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address.

Incapacity of Agent.

(4) If any person appointed an agent for the purposes of attending a polling station, or at the counting of the votes dies, or becomes incapable of acting during the time of the election, another agent may be appointed in his place, and notice shall forthwith be given to the returning officer at his election office during the usual office hours in writing of the name and address of any agent so appointed.

48. Where in this Order any expressions are used requiring or authorising or inferring that any act or thing is to be done in the presence of the agent of a candidate, such expressions shall be deemed to refer to the presence of such agents of the candidates as may be authorised to attend, and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agent at such time and place shall not, if such act or thing be otherwise duly done, in any wise invalidate the act or thing done.

49. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates, as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he will begin to count the same.

Notice of.

50. (1) The votes given in the several local electoral areas shall be counted at a place within the electoral area, or some other convenient and adjacent centre appointed by the returning officer. The counting shall commence not earlier than 8 a.m., nor later than 10 a.m. on the morning (not being a Sunday or public holiday) next after the day of election, and shall be proceeded with, so far as practicable, continuously. Provided that the returning officer may adjourn the counting to allow time for refreshment, and may also exclude the hours of 8 p.m. to 8 a.m., or any of them.

Custody of documents.

(2) Before the commencement of the counting and during any time excluded under this Article the returning officer shall place the ballot papers and other documents relating to the election under his own seal, and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents.

51. The returning officer, his assistants and clerks, the agents of the candidates, and any person to whom Article 47 (2) applies, and no other person, except with the sanction of the returning officer, may be present at the counting of the votes.

52. Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates, open each ballot box, and taking out the papers therein, shall count and record the number thereof, and verify the number thereof against the ballot paper account of the presiding officer (Article 46). He shall then mix together the whole of the ballot papers contained in the ballot boxes belonging to the local electoral area then being dealt with.

53. The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.

54. The returning officer shall endorse " rejected " on any ballot paper which he may reject as invalid, and shall add to the endorsement " rejection objected to," if an objection be in fact made by any agent in writing to his decision. The returning officer shall draw up a statement showing the number of ballot papers rejected and not counted by him under the several heads of :—

(1) Want of official mark ;

(2) Void under heads (a) (b) (c) and (d) in Article 41 ;

(3) Unmarked or void for uncertainty ;

and shall on request allow any agents of the candidates to copy such statement. If the votes are counted by a deputy returning officer he shall, with the declaration of the result of the poll, report to the returning officer the number of ballot papers rejected and not counted by him, under the above heads, and no such statement as aforesaid shall be drawn up by the returning officer. The deputy returning officer shall, on request, allow any agents of the candidates, before such report is sent in, to copy it.

55. After he shall have mixed the ballot papers (Article 52) the returning officer shall cause them to be arranged in parcels according to the First Preferences recorded for each candidate, rejecting any that are invalid.

56. 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 full total number of all valid papers.

57. The returning officer shall then divide the full total number of all valid papers by a number exceeding by one the number of vacancies to be filled. The result increased by one (disregarding any fractional remainder) shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the " QUOTA."

58. If 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 thereupon be deemed to be elected, in the order prescribed in Article 64.

59. If 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 the provisions of Article 60, to the continuing candidate or candidates indicated on the ballot papers in the parcel of the elected candidate, according to the next available preferences recorded thereon.

Transfer of.

60. (1) (a) If the votes credited to an elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the 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.

(c) In either of the cases referred to in paragraphs (a) and (b) of this sub-section the returning officer shall make a separate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers.

(2) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference :

Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and shall be described as non-transferable papers not effective and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(3) (a) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel 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 sub-parcel as the surplus bears to the total number of transferable papers.

(b) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel 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.

(c) 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.

If two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates, at the first count at which they had an unequal number of votes, and the fraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(d) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked stamped or perforated so as to indicate the number of the count at which the transfer took place.

(4) A surplus which arises at the end of any count shall be transferred before a surplus which may arise at a subsequent count : Provided that—

(a) the returning officer need not necessarily transfer the surplus of an elected candidate when that surplus, together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates ;

(b) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference ;

(c) if there are two or more surpluses, each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.

(5) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude.

(6) If two or more candidates have each an equal surplus arising from the same count, regard shall be had to the number of original votes obtained by each candidate, and the surplus of the candidate credited with the largest number of original votes shall be first dealt with.

Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes, and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with.

Where the numbers of votes credited to such candidates were equal at all counts, the returning officer shall determine by lot which surplus he will first deal with.

61. (1) If at any time no continuing candidate has a surplus, or when under Article 60 (4) the returning officer decides not to transfer any existing surplus, and one or more vacancies remain unfilled, the returning officer shall exclude from the poll the candidate credited with the lowest number of votes ; shall examine all the papers of that candidate ; shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates ; shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers.

One Candidate excluded.

Two or more Candidates excluded.

(2) If the total of the votes of the two or more candidates lowest on the poll, together with any surplus not transferred, is less than the number of votes credited to the next highest candidate, the returning officer may at the same count exclude those candidates from the poll and transfer their votes in accordance with the provisions of paragraph (1) of this Article.

Selection of Candidate for exclusion.

(3) If, when a candidate has to be excluded under this Article two or more candidates have each the same number of votes and are lowest on the poll, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with fewest original votes shall be excluded, and, where the numbers of the original votes are equal, regard shall be had to the total number of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded, and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall decide by lot which shall be excluded.

62. (1) Whenever any transfer is made each sub-parcel 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. Such papers as are not transferred shall be set aside as finally dealt with.

Papers not transferred.

Surplus after transfer.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions in Article 60 before any other candidate is excluded.

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

Continuing Candidates equal vacancies.

One remaining vacancy.

(2) When only one vacancy remains unfilled, and the votes of some 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.

Transfer unnecessary.

(3) When the last vacancies can be filled under this Article, no further transfer of votes shall be made.

64. (1) The order in which candidates credited with a number of votes equal to or greater than the quota shall be deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for the provisions of Article 60 (4). A candidate credited with votes equal to and not greater than the quota shall, for the purposes of this Article, be regarded as having had the smallest surplus at the count upon which he obtained his quota.

Surpluses equal.

(2) Where the surpluses of two or more candidates are equal and need not be transferred the surplus of the candidate credited with the greatest number of original votes shall be deemed the largest.

Original votes equal.

Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be deemed to be the largest.

All votes equal.

Where the number of votes credited to such candidate was equal at all counts the returning officer shall determine by lot the order in which such candidates shall have been deemed to have been elected.

(3) The order in which candidates shall be deemed to have been elected under Article 63 shall be the order of magnitude of the numbers of votes credited to them beginning with the largest, and where any such numbers are equal, the question shall be determined as between such candidates as if those numbers were surpluses.

65. (1) Any candidate or his agent may, at the expiration of any count either before the commencement or after the completion of any transfer, whether of surplus or otherwise, arising out of that count request the returning officer to re-examine and recount the papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with), and the returning officer shall forthwith re-examine and recount the same 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.

At request of Candidate or Agent.

At discretion of Returning Officer.

(2) 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 : Provided that nothing herein shall make it obligatory on the returning officer to recount the same papers more than once.

66. (1) Every person who :—

Ballot Papers.

(a) Forges and counterfeits or fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper ; or

(b) Without due authority supplies any ballot paper to any person ; or

(c) Fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in ; or

(d) Fraudulently takes out of the polling station any ballot paper ; or

Ballot Boxes.

(e) Without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election ;

Penalties.

shall be guilty of a misdemeanour, and be liable, if he is a returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person to imprisonment for any term not exceeding six months, with or without hard labour.

Attempted offence.

(2) Any attempt to commit any offence specified in this Article shall be punishable in the manner in which the offence itself is punishable.

Property in election necessaries.

(3) In any indictment or other prosecution for an offence in relation to the ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes, and instruments may be stated to be in the returning officer at such election, as well as the property in the counterfoils.

67. (1) The counting of the votes having been completed in accordance with the foregoing Articles, the declaration of the result of the poll shall include a record of any transfer of votes made under the provisions of this Order, and of the total number of votes credited to each candidate after any such transfer, and shall be in the Form No. 1 in the Eighth Schedule, or in a form to the like effect.

Form of Declaration.

(2) The returning officer or deputy returning officer, as the case may be, making the declaration shall forthwith cause a copy of it to be affixed to the front gate or door of the building in which the votes have been counted, and shall within three days forward a certified copy thereof to the Minister for Local Government and Public Health. If the declaration is made by a deputy returning officer, he shall forthwith send it to the returning officer.

68. (1) The returning officer shall prepare and sign a notice of the result of the elections in all the local electoral areas in the district of the local authority for which elections are held, and shall by such notice declare to be elected or to be deemed to be re-elected as members of the local authority the persons who, under Article 17 of this Order, are to be declared to be elected or to be deemed to be re-elected without a poll being taken. The notice shall be in the Form No. 2 in the Eighth Schedule, or in a form to the like effect. Where there is no poll at any election of the full number of aldermen and councillors for any borough electoral area the notice and declaration shall be subject to the provisions of sub-section (3) of Section 4 of the Act of 1919.

Notice of.

Publication of.

(2) The returning officer shall cause a copy of the notice to be suspended in the room in which meetings of the local authority are held, and another copy to be affixed to the principal external gate or door of the office of the local authority, and he shall also cause public notice thereof to be given in the manner prescribed by Article 84. The returning officer shall also send copies of the notice to the persons elected or deemed to be re-elected.

69. (1) Upon the completion of the counting, the returning officer shall seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed packet of tendered ballot papers or marked copy of the register of electors and counterfoils, but shall proceed, in the presence of the agents of the candidates, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. The returning officer shall draw up a statement as to the result of such verification, and shall, on request, allow any agents of the candidates to copy it.

Sealing up of documents.

Report of Deputy.

(2) If the votes are counted by a deputy returning officer, he shall report to the returning officer the result of the verification, and no such statement as aforesaid shall be drawn up by the returning officer. The deputy returning officer shall, on request, allow any agents of the candidates, before such report is sent in, to copy it. He shall with his report send to the returning officer the sealed packets of counted and rejected ballot papers, and the unopened sealed packets which he has received from any presiding officer.

70. The returning officer shall carefully preserve for the period hereinafter mentioned all the packets of ballot papers, in his possession, together with the reports, the ballot paper accounts, tendered votes list, lists of votes marked by the presiding officer, statements relating thereto, declarations of inability to read, and packets of counterfoils, and marked copies of registers, endorsing on each packet a description of its contents, and the date of the election to which they relate, and the name of the local electoral area for which such election was held.

71. The returning officer shall retain for six months all documents relating to an election of members of a local authority, and then, unless otherwise directed by an order of a court having jurisdiction in the matter, or of any tribunal in which the election is questioned, shall cause them to be destroyed.

72. No person shall be allowed to inspect any rejected ballot papers in the custody of the returning officer, except under the order of the court or tribunal aforesaid, to be granted by such court or tribunal on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the court or tribunal making the same may think expedient, and shall be obeyed by the returning officer.

73. No person shall, except by order of a court, or of any tribunal having cognizance of any question relating to the election, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the returning officer. Such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the court or tribunal making the order may think expedient : Provided that on making and carrying into effect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid.

74. All documents in the custody of a returning officer in pursuance of this Order, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may have been or may hereafter be prescribed by the local authority of the district in which the local electoral area is situate, and the returning officer shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees and subject to such regulations as may have been or may hereafter be prescribed by the local authority.

75. Where an order is made for the production by the returning officer of any document in his possession relating to any specified election of members of a local authority, the production by such officer or his agent of the document ordered, in such manner as may be directed by such order, or by an order of the court having power to make such first-mentioned order, shall be conclusive evidence that such document relates to the specified election ; and any endorsement appearing on any packet of ballot papers produced by such returning officer or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing, shall be prima facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counterfoil.

76. (1) If upon an election petition any ballot papers counted by the returning officer are rejected as invalid, or any ballot papers rejected by the returning officer are declared valid, the returning officer shall, if the court so direct, cause the whole or any part of the ballot papers to be recounted, and the result of the election to be ascertained in accordance with the provisions of this Order.

Recount.

Treatment of ballot papers.

(2) On any such recount, subject to such modifications as may be necessary by reason of any Order of the Court, each originally declared valid paper counted or marked as having been transferred at any Count shall take the same course as at the original count.

77. (1) If any question shall arise in relation to the exclusion of any candidate under Article 61 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final unless an objection in writing stating the grounds thereof is forthwith made to the returning officer by any candidate or his agent, and in that event the decision of the returning officer may be reversed upon an election petition.

Reversal of such decision.

(2) If any decision of the returning officer is so reversed, the transfer in question and all operations subsequent thereto shall be void, and the court may direct what transfer is to be made in place of the transfer in question, and may cause the subsequent operations to be carried out, and the result of the election to be ascertained in accordance with this Order.

Municipal Corporations Act, 1882.

78. The provisions of Part IV. of the Municipal Corporations Act, 1882 (relating to Corrupt Practices and Election Petitions) as amended by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall apply with the necessary modifications to an election under this Order as if such election were a municipal election within the meaning of those Acts. Always provided that :—

(a) such application shall be subject to the provisions of this Order.

(b) in the application of Sub-section (2) of Section 89 such sub-section shall be adapted and altered so as to read as follows :—

" (2) The security shall be to the amount of Fifty Pounds, unless in any case the High Court of Justice of Saorstát Eireann, or a Judge thereof, on summons, order that the same shall be to a lesser amount, or to a larger amount not exceeding Three Hundred Pounds, and shall be given in the prescribed manner, either by a deposit of money or by a recognizance entered into by not more than four sureties, or partly in one way and partly in the other."

79. The Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall apply with the necessary modifications to an election under this Order as if such election were a municipal election within the meaning of that Act. Always provided that :—

(a) such application shall be subject to the provisions of this Order.

(b) an election petition complaining of the election on the ground of an illegal practice, may be presented at any time within six weeks after the day of election.

(c) Section 37 of the Act shall be read as if a reference to an election under this Order was substituted for a reference to any of the elections mentioned in the First Schedule to the Act.

80. For the purposes of this Order the words " High Court and Judge of the High Court " in the Municipal Corporations Act, 1882, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall mean the High Court of Justice of Saorstát Eireann and a Judge of the said Court, respectively, and the words " Director of Public Prosecutions " shall mean the Attorney-General.

81. No person who has voted at an election shall, in any legal proceeding to question the election or return, be required to state for whom he has voted.

82. No election shall be declared invalid by reason of a defect in the title or appointment of the returning officer or deputy returning officer or of a non-compliance with the rules contained in this Order, or any mistake in the use of the forms in the Schedules, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Order including any adaptations, alterations, and exceptions of statutory provisions made thereby and in the Acts of 1898 and 1919, and that such non-compliance or mistake did not affect the result of the election.

83. Any sum which may be incurred by or may be payable to a returning officer in respect of expenses incurred or duties discharged in compliance with the provisions of this Order in relation to the district of a local authority or a local electoral area of such district shall be defrayed :—

HOW PAYABLE.

By Borough Council.

(a) in the case of a county borough or other borough by the council of such borough out of any fund or rate applicable to the general expenses of the borough or out of such other fund or rate as I may, on the application of the council of such borough, approve ;

By Urban District Council.

(b) in the case of an urban district by the urban district council out of any fund or rate applicable to their expenses under the Public Health (Ireland) Acts, 1878 to 1918 ;

By Town Commissioners.

(c) in the case of a town not being an urban district, by the town commissioners out of the funds or rates administered by them ;

By County Council or Rural District Council.

(d) in the case of a county or rural district as directed by Article 6 (2) of the Schedule to the Local Government (Application of Enactments) Order, 1898.

84. Any public notice other than the Result Sheet, Article 67, required by this Order shall be given by posting the same at or on the outer gate or door of the principal office of the local authority ; at every court house, police station, market house, and other usual place for posting public notices within the local electoral area.

85. In place of any signature required by this Order it shall be sufficient for the signatory to affix his mark if the same is witnessed by two local government electors.

86. No misnomer or inaccurate description of any person or place named in any notice or nomination paper under this Order shall hinder the full operation of such notice or paper with respect to that person or place, provided the description of that person or place is such as to be commonly understood.

87. In this Order unless the context otherwise requires :—

(1) The expression " Article " shall mean the appropriate Article of this Order.

(2) The expression " Schedule " shall mean the particular Schedule to this Order.

(3) The expression " local authority " shall mean the council of a county borough ; of a borough ; of a county ; of an urban district ; of a rural district ; the commissioners of a town not being an urban district ; or a board of guardians, as the case may be.

(4) The expressions " district of a local authority " and " area of a local authority " shall mean the area administered by the appropriate local authority.

(5) The expression " clerk " shall mean the town clerk, the clerk, or the secretary, as the case may be, of the appropriate local authority.

(6) Words and expressions used in this Order which import the masculine gender include the feminine gender.

(7) The expression " personation " shall include the offence of aiding and abetting, counselling, or procuring the commission of the offence of personation by any person.

(8) The expression " determine by lot " shall mean that 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 all other cases, the candidates shall take priority of election, or be entitled to preference, as the case may require, in the order in which their names are drawn.

(9) The expression " continuing candidate " means any candidate not elected and not excluded from the poll.

(10) 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.

(11) The expression " next available preference " means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preferences next in order on the ballot paper for candidates already elected or excluded from the poll being ignored.

(12) The expression " 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.

(13) The expression " 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 or not) are marked with the same number, and are next in order of preference ; or

(b) the name of the candidate next in order of preference (whether by continuing or not) is marked—

(i) by a number not following consecutively after some other number on the ballot paper; or

(ii) by two or more numbers; or

(c) It is void for uncertainty.

(14) 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.

(15) 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.

(16) The expression " surplus " means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota.

(17) The expression " 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 subsequent preferences on the original or transferred papers of one or more excluded candidates.

(18) Other expressions have the same meanings as in the Act of 1898 or in the Act of 1919.

88. This Order and the several Schedules hereto attached numbered from one to ten, inclusive, shall be read as one, and shall be cited as the " LOCAL ELECTIONS ORDER, 1925."

Given under my Seal of Office this seventh day of April, in the Year of our Lord, One Thousand Nine Hundred and Twenty-five.

(Signed) SÉAMUS DE BÚRCA,

Minister for Local Government and Public Health.

SCHEDULES.

FIRST SCHEDULE.

FORM OF STATUTORY DECLARATION OF SECRECY.

I Solemnly Promise and Declare that I will not at this Election of Members of the local authority    of for the local electoral area of         , do anything forbidden under Article 5 of the Local Elections Order, 1925, which I have read.

SECOND SCHEDULE.

TIMES FOR THE PROCEEDINGS AT THE ELECTIONS OF THE FULL NUMBER OF MEMBERS OF THE LOCAL AUTHORITY FOR A LOCAL ELECTORAL AREA IN A BOROUGH, URBAN DISTRICT OR TOWN, OR GUARDIANS IN A BOROUGH OR URBAN DISTRICT.

NOTE. —If any of the dates in the above Table falls on a Sunday the reference to it shall be construed as a reference to the following day, and references to subsequent dates, other than the date for the day of election, shall be construed in like manner.

TIMES FOR THE PROCEEDINGS AT THE ELECTIONS OF THE FULL NUMBER OF MEMBERS OF COUNTY AND RURAL DISTRICT COUNCILS.

THIRD SCHEDULE.

FORM NO. 1.

NOTICE OF ELECTION.

Name of Local Authority............................................................ .....

(a) Name of Local Electoral Area.....................................

Election of*

Notice is hereby given that—

1. The day of Election of*             for

the above-mentioned Electoral Area, will be       , the       day of    19.  .

2. Each Candidate must be nominated in writing; and the nomination paper must be delivered to me by the Candidate or by his proposer or seconder at        (my office,) during the usual office hours, and not later than three o'clock, p.m., on       the    day of       , 19  .

3. A Local Government Elector must not sign more nomination papers than there are*     to be elected for the Electoral Area, and he must not sign a nomination paper for the Electoral Area unless he is registered as a Local Government Elector in respect of a qualification therein.

4. Forms of nomination paper may be obtained, free of charge, from me at the above-named office.

5. The nomination paper must be in the following form, or in a form to the like effect :—

FORM OF NOMINATION PAPER.

Name of Local Authority............................................................ ...........................................................

Name of Local Electoral Area............................................................ ..................................................

ELECTION OF*                         for the above

Electoral Area in the year 19     .

We, the undersigned, being respectively electors of the said Electoral Area for the year 19   , do hereby nominate the under-mentioned person as a candidate at the said Election.

Signature of PROPOSER............................................................ ...............................................

Place of Abode,............................................................ ............................................................ ...

Number on Register,......................................

Signature of SECONDER,............................................................ ..............................................

Place of Abode,............................................................ ............................................................ ...

Number on Register,............................................................ .......................................................

Instructions for filling up Nomination Paper.†

(1) The surname of only one candidate for election, with his number on the Register, if any, must be inserted in Column 1.

(2) The other names of the candidate must be inserted in full in Column 2.

(3) Insert in Column 3 the place of abode of the candidate.

(4) In Column 4 state the occupation, if any, of the candidate. If the candidate has no occupation, insert some description as " gentleman."

(5) Insert in Column 5 the qualification of the candidate for election.

(6) (1) The paper must be signed by two Local Government Electors of the Electoral Area and no more ; by one as Proposer, and by the other as Seconder. The places of abode of the Proposer and Seconder, and their numbers on the Register, must also be inserted. Instead of signing, the Proposer or Seconder may affix his mark, if it is witnessed by two Local Government Electors.

(2) A Local Government Elector must not sign more nomination papers than there are*    to be elected for the particular Electoral Area, and he must not sign a nomination paper for the Electoral Area unless he is registered as a Local Government Elector in respect of a qualification therein.

(7) Not later than      , the    day of       19   , I shall cause a copy of a statement containing the names, places of abode, and descriptions of the persons nominated for election to the office of †

for the said Electoral Area, and also containing a notice of my decision as regards each candidate as to whether he has been nominated by a valid nomination paper or not, to be suspended in the Council Chamber of the     local authority, and another to be affixed on the principal external gate or door of the offices of the local authority.

(8) Any candidate nominated for election, may, not later than three o'clock p.m., on    , the   day of        ,19     , withdraw his candidature by delivering or causing to be delivered to me at my office during the usual office hours, a notice in writing of such withdrawal signed by him

(9) If more candidates are validly nominated for the Electoral Area than there are vacancies to be filled, and the number is not from any cause reduced to a number equal to the number of vacancies, a poll will be taken on       the         day of     19    , of which due notice will be given.

Dated this       day of      , 19   .

.......................................

Returning Officer.

….………................................................

Office for purpose of election.

NOTE.—THE FOLLOWING NOTIFICATION MUST BE ADDED TO EVERY NOTICE OF ELECTION GIVEN UNDER ARTICLE ₉ OF THIS ORDER :—

Take notice, that every person having any claim against a Returning Officer for work, labour, material, services, or expenses in respect of any contract made with him by or on behalf of the Returning Officer, for the purposes of election shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the Returning Officer the detailed particulars of such claim in writing, and the Returning Officer shall not be liable in respect of anything which is not duly stated in such particulars.

*Aldermen and Councillors, Councillors, Commissioners or Guardians.

†These instructions form part of the Nomination Paper.

†Alderman or Councillor, Councillor, Commissioner or Guardian.

THIRD SCHEDULE.

FORM NO. 2.

Statement as to Persons validly nominated.

Name of Local Authority.......…………....…............................................................ ..............................

Name of Local Electoral Area............……............................................................ ................................

The following is a statement as to the persons validly nominated for election to the office of*   for the above-named Electoral Area.

ELECTION OF*

Dated this     day of     , 19    .

........................................

Returning Officer.

Dated this     day of     ,19    .

..............……….................................

Office for the purposes of electi

*Alderman or Councillor, Councillor, Commissioner or Guardian.

THIRD SCHEDULE.

FORM No. 3.

Notice that no Poll will be taken.

Name of Local Authority..…............................................................ .......................................................

Name of Local Electoral Area.…............................................................ ...............................................

WHEREAS the following candidates have been duly nominated for election to the office of*    for the Electoral Area [Insert names, places of abode, and description of candidates as in Form 2].

And whereas the said [insert name or names] has [or have] since withdrawn his [or their] candidature [or if some other event has occurred causing a person to cease to be a candidate state what it is], and

candidates only remain to be elected for the said Electoral Area [or whereas the following candidates only have been duly nominated for election to the office of*       for the        Electoral Area].

I do hereby take notice that a Poll will not be taken and that the said [insert names]

will be declared elected as members of the local authority for the said Electoral Area.

† I further give notice that certain of the retiring†

namely [insert name or names] will be declared to be deemed to be re-elected as members of the said local authority to make up the required number of such members for the said Electoral Area.

Dated this     day of     , 19   .

........................................

Returning Officer.

*Alderman or Councillor, Councillor, Commissioner or Guardian.

†Strike out if not applicable.

THIRD SCHEDULE.

FORM NO. 4.

Notice where no Candidates are nominated.

Name of Local Authority............................................................ ...........................

Name of Local Electoral Area............................................................ ..................

I do hereby give notice that no Candidate has been duly nominated for election to the Office of*      for the said Electoral Area,† and that [insert names] the retiring*       for the said Electoral Area will be declared to be deemed to be re-elected as members of the above-named local authority.

Dated this       day of      19    .

....................................

Returning Officer.

*Alderman or Councillor, Councillor, Commissioner or Guardian.

THIRD SCHEDULE.

FORM NO. 5.

Notice of Poll.

Name of Local Authority............................................................ ........................................................

Name of Local Electoral Area............................................................ ...............................................

ELECTION of*            for the above Electoral Area, in the

NOTICE IS HEREBY GIVEN

1. That a poll for the election of*       for the above-named Electoral Area will be held on         the       day of        19, between the hours of eight o'clock in the forenoon, and eight o'clock in the afternoon.

2. That the names in alphabetical order, numbers on Register, if any, places of abode, and descriptions of the Candidates eligible for election, and the names and numbers on the Register of their respective Proposers and Seconders are as follows :—

3. That each elector must vote in the Local Electoral Area in which the property in respect of which he votes is situate, and if it is situate in more than one Electoral Area, he may vote in any one (but in one only) of such Electoral Areas.

4. The situation and allotment of the Polling Stations and the description of the persons entitled to vote thereat are as follows :—

[Insert particulars.]

5. The poll will be taken by ballot, according to the principle of Proportional Representation, each Elector having one transferable vote as defined in the Local Government (Ireland) Act, 1919.

Dated this      day of     19   .

..........................................

Returning Officer.

.........................................................

Office for the purpose of Election.

*Aldermen and Councillors, Councillors, Commissioners or Guardians.

FOURTH SCHEDULE.

Form of Directions for the guidance of the Voter in voting.

The voter will go into one of the compartments and mark his ballot paper by placing the figure 1 opposite the name of the candidate for whom he votes. He may also place the figures 2, 3, and so on, in accordance with the order of his choice or preference opposite the names of other candidates (that is to say) :—

He must place the figure 1 opposite to the name of the candidate for whom he votes.

He may also place the figure 2 opposite to the name of the candidate he likes second best, and place the figure 3 opposite to the name of the candidate he likes third best ; and so on.

If the voter does not place the figure 1 on his ballot paper, or places the figure 1 opposite more than one name, or places the figure 1 and some other figure opposite the same name, or places any mark on the paper by which he may be identified, or otherwise not authorised by the Local Elections Order, 1925, his ballot paper will be invalid and will not be counted.

After marking the ballot paper, the voter will fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then in the presence of the presiding officer put the paper into the ballot box and forthwith quit the polling station.

If the voter inadvertently spoils a ballot paper, he may return it to the presiding officer, who will, if satisfied of such inadvertence, give him another paper.

If the voter takes the ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour.

Examples of Ballot Papers validly marked.

FIFTH SCHEDULE.

FORM OF FRONT OF BALLOT PAPER.

SIXTH SCHEDULE.

DIRECTIONS TO PRESIDING OFFICERS IN REGARD TO MARKING BALLOT PAPERS PURSUANT TO ARTICLE 39 OF THIS ORDER.

1. In an election held according to the principle of proportional representation the Presiding Officer shall ask the voter —" For which candidates do you desire to express a preference, and in what order ? " and shall mark the ballot paper accordingly : Provided that where an elector fails to understand the import of such question, or does not give definite directions as to the marking of the ballot paper, the Presiding Officer—

(a) shall read out the names of all the candidates in the order in which they appear on the ballot paper, and then ask the voter —

" To which of the candidates do you wish to give your vote ? "

and shall accordingly place the figure 1 on the ballot paper opposite the name of the candidate to whom the voter gives his vote ;

(b) shall then ask the voter—" Do you with to express a second preference ? " and if the answer is in the affirmative, shall read out the names of all the remaining candidates in the order in which they appear on the ballot paper, and then ask the voter—

" For which of these candidates do you wish to express a second preference ? "

And shall accordingly place the figure 2 on the ballot paper opposite the name of the candidate for whom the voter expresses a second preference ;

(c) shall repeat the operation if and so often as may be required in reference to a third or any subsequent preference as long as the voter wishes to express any such preference.

2. The Presiding Officer shall not accept, consider or act upon any paper or document purporting to show the manner in which the voter desires to give his vote or express a preference, and shall not mark the ballot paper of the voter otherwise than after compliance, and in accordance with the provisions of the preceding article hereof.

SEVENTH SCHEDULE.

Form of Declaration of inability to read.

I, A.B., of    being numbered      on the Register of Local Government Electors for the Local Electoral Area of _*         in the district* of      do hereby declare that I am unable to read.

                A.B.,      his mark.

           day  of     ,  19.

I, the undersigned, being the presiding officer for the

polling station for the Local Electoral Area of        , in the district* of     , do hereby certify that the above declaration, having been first read to the above-named A.B., was signed by him in my presence with his mark.

Signed, C.D.,

*or borough town or country

EIGHTH SCHEDULE.

FORM NO. 1.

Declaration of Result of Poll.

Name of Local Authority............................................................ ...............................

Name of Local Electoral Area............................................................. .......................

ELECTION OF*              for the above Electoral Area in the year 19  .

I, the undersigned, being the Returning Officer [or Deputy Returning Officer duly authorised in that behalf] at the poll for the election of*       for the said Electoral Area,

held on the       day of     , 19     , do hereby give notice that the result of the Poll and of the transfer of votes is as follows :—

Number of valid votes

Number of members to be elected

Quota (number of votes sufficient to secure the election of a candidate)

And I do hereby declare the said*       duly elected for the said Electoral Area.

Dated this   day of    , 19    .

.................................................

Returning Officer.

[or Deputy Returning Officer].

*Councillors or Commissioners or Gaurdians.

EIGHTH SCHEDULE.

FORM NO. 2.

Notice of Result of Elections.

Name of Local Authority……………………………………………………….....

ELECTION OF*

for the above

in the year 19

I, the undersigned, being the Returning Officer at the election of

*         for the said local authority, do hereby give notice that the persons whose names are entered in column 5 of the Statement hereunder have been declared duly elected ; and I hereby declare that the persons whose names are entered in Column 7 are to be deemed to be re-elected as members of the local authority for the Electoral Areas opposite to the names of which in Column I the names of such candidates are entered.

Dated this     day of     19.

..................................................

Returnin Officer

*Councillors, Commissioners, Guardians.

NINTH SCHEDULE.

Part I. Rules and Orders not Applicable to Elections under this Order.

I. The Aldermen and Councillors of County Boroughs (Ireland) Election Order, 1898, together with Orders amending the same, and bearing date as follows :—

13th January, 1899.

7th December, 1901.

10th February, 1911.

23rd November, 1905.

II. The Urban District Councillors and Town Commissioners (Ireland) Election Order, 1898, together with Orders amending the same, and bearing date as follows :—

29th November, 1901.

11th September, 1914.

Part II. Rules and Orders Revoked and Rescinded.

I. The Guardians (Ireland) Election Order, 1899, together with Orders amending the same, and bearing date as follows :—

7th April, 1902.

20th May, 1914.

II. The County and Rural District Councillors (Ireland) No. 2 Election Order, 1899, together with Orders amending the same, and bearing date as follows :—

 18th January, 1902.

20th May, 1914.

III. The Sligo Election Rules, 1918.

IV. The Proportional Representation (Ireland) Order, 1919.

V. The Local Elections (P.R.I.) Order, 1919.

TENTH SCHEDULE.