No. 178/1943:

GENERAL ELECTIONS (EMERGENCY PROVISIONS) (POLLING) ORDER, 1943.

GENERAL ELECTIONS (EMERGENCY PROVISIONS) (POLLING) ORDER, 1943.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS it appears to the Minister for Local Government and Public Health that the modifications of the Electoral Acts made by this Order are necessary in order to enable general elections held under the General Elections (Emergency Provisions) Act, 1943 to take place in accordance with the said Act, or to facilitate or expedite the conduct and completion of such elections:

NOW THEREFORE the Minister for Local Government and Public Health in exercise of the powers conferred on him by paragraph (a) of Section 7 of the said Act hereby orders as follows, that is to say:—

1. In this Order the expression "the Act of 1923" means the Electoral Act, 1923 (No. 12 or 1923) and the expression "the Act of 1927" means the Electoral (Amendment) Act, 1927 (No. 21 of 1927)-

2. In the modifications of the Electoral Acts made by this Order the expression "Returning Officer" includes any deputy returning officer appointed by the returning officer with the consent of the Minister for Local Government and Public Health for the discharge of any or all of the duties of such returning officer.

3. The following modifications shall be made of Rule 30 of Part 1 of the Fifth Schedule to the Act of 1923 that is to say:—

(a) The time at which the returning officer shall begin to count the votes shall be not later than 9 a.m. on the day following the day of the poll.

(b) The place where the returning officer shall count the votes in the county constituency of South East Cork may, if the returning officer think fit, be within the County Borough of Cork.

(c) The place where the returning officer shall count the votes in the County Constituency of Dublin may, if the returning officer think fit, be within the County Borough of Dublin.

(d) The place where the returning officer shall count the votes in any constituency other than the county constituencies of South East Cork and Dublin shall be such place within the constituency as the returning officer thinks best having regard to the means of transport to such place from the several parts of such constituency; the facilities for counting the votes at such place; and any other relevant matter.

(e) Where the same person is the returning officer for two or more constituencies in which there are contested elections, he shall appoint in accordance with the provisions of the Act of 1923 a deputy returning officer for the counting of the votes at each such election except one, and every such deputy returning officer shall count the votes at the election for which he is appointed.

(f) Subject to the provisions of the foregoing paragraph the returning officer for a constituency shall count the votes at an election in such constituency, unless he is prevented from doing so by illness or other cause sufficient in the opinion of the Minister.

4. Rule 33 of Part I of the Fifth Schedule to the Act of 1923 shall be modified by the substitution of the words "twelve midnight" for the words "seven o'clock at night".

5. Sub-section (3) of section 3 of the Act of 1927 shall be modified so as to provide that the poll shall be kept open till half-past nine in the afternoon and no longer.

6. If the returning officer for a constituency in which there is a polling district consisting of or situate on an island is of opinion that there is a reasonable probability of transport between such island and the mainland becoming impossible or involving serious danger the following provisions shall have effect in relation to the taking of the poll in such polling district that is to say :—

(a) In addition to the notice of election given under Rule 1 of Part I of the Fifth Schedule to the Act of 1923 the returning officer shall give public notice in such polling district stating his said opinion and setting out the effect of the modifications made by this Article in respect of the day of and the time of the beginning and end of the poll, and the provisions of the said Rule shall apply in relation to the said notice in the same manner as they apply in relation to the notice of election, save that such notice need not be given in any polling district except the polling district to which the said notice relates.

(b) The poll in such polling district shall be held on the first day after the third day after the last day for receiving nominations on which in the opinion of the returning officer transport between such island and the mainland is safe.

(c) Where, owing to difficulties of transport the poll in such polling district cannot begin at 9 a.m. it shall begin as soon as possible after 9 a.m.

(d) The presiding officer may close the poll in such polling district before 9.30 p.m. if he is of opinion that there is a reasonable probability of transport to the mainland becoming impossible or involving serious danger and the poll has continued for not less than four hours.

(e) For the purposes of the Electoral Acts as modified by this Order the expression "the day of the poll" shall mean the day of the poll in the portion of the constituency not included in such polling district.

(f) Rule 1 of Part I of the Fifth Schedule to the Act of 1923 shall be modified and Section 3 of the Act of 1927 shall be further modified so as to give effect to the foregoing provisions of this Article.

7. If the returning officer for a constituency in which there is a polling district consisting of or situate on an island and to which the provisions of the foregoing article do not apply is of opinion that the means available for transport from such polling district may not enable the ballot boxes containing the votes cast in such polling district to reach the place where the votes in such constituency are to be counted in time to enable the counting of the votes to begin not later than 9 a.m. on the day following the day of the poll the returning officer shall fix a day for the taking of the poll in such polling district earlier than the day of the poll in the portion of the constituency not included in such polling district but not earlier than the fourth day after the last day for receiving nominations, and the following provisions shall have effect in relation to the taking of the poll in such polling district, that is to say :—

(a) In addition to the notice of election given under Rule 1 of Part I of the Fifth Schedule to the Act of 1923 the returning officer shall give public notice in such polling district stating his said opinion and setting out the modifications made by Article in respect of the day of the poll, and the day fixed by him under this Article for the taking of the poll in such polling district, and the provisions of the said rule shall apply in relation to the said notice in the same manner as they apply in relation to the notice of election save that the said notice need not be given in any polling district except the polling district to which the said notice relates.

(b) The poll in such polling district shall be held on the day fixed by the returning officer under this Article.

(c) For the purposes of the Electoral Acts as modified by this Order the expression "the day of the poll" shall mean the day of the poll in the portion of the constituency not included in such polling district.

(d) Rule 1 of Part I of the Fifth Schedule to the Act of 1923 shall be modified and Section 3 of the Act of 1927 shall be further modified so as to give effect to the foregoing provisions of this Article.

8. This Order may be cited as the General Elections (Emergency Provisions) (Polling) Order, 1943.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Nineteenth day of May, One Thousand Nine Hundred and Forty-three.

(Signed) SEÁN MAC ENTEE,

Minister for Local Government and Public Health.