S.I. No. 117/1974:

LOCAL ELECTIONS (AMENDMENT) REGULATIONS, 1974.

LOCAL ELECTIONS (AMENDMENT) REGULATIONS, 1974.

The Minister for Local Government, in exercise of the powers conferred on him by section 82 of the Electoral Act, 1963 (No. 19 of 1963), hereby makes the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:

1. These Regulations may be cited as the Local Elections (Amendment) Regulations, 1974.

2. The Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ), and these Regulations shall be construed as one and may be cited together as the Local Elections Regulations, 1965 and 1974.

3. In these Regulations "the Principal Regulations" means the Local Elections Regulations, 1965.

4. Article 7 of the Principal Regulations shall have effect as if "within the area of the local authority" were deleted.

5. Article 16 (5) of the Principal Regulations shall have effect as if "full" were deleted.

6. The following is hereby substituted for sub-article (2) of article 26 of the Principal Regulations:

"(2) Where any proceedings for or in connection with such nomination are adjourned under this article, the latest date for receiving nominations in the said local electoral area shall be postponed for a period equal to the period of such adjournment, and the returning officer may postpone the date for the taking of the poll in the said local electoral area for a period not greater than the period of such adjournment.".

7. The following paragraph is hereby substituted for paragraph (f) of article 28 (2) of the Principal Regulations:

"( f ) the poll at the fresh election shall be taken either on such day, being not more than seven days after the latest date for receiving nominations, and shall continue for such period as shall be fixed by the returning officer or on the day and during the period fixed by the Minister under section 84 of the Act, whichever is the later;".

8. Paragraph (b) of article 30 (2) of the Principal Regulations shall have effect as if "full" were deleted.

9. ( a ) Article 33 (3) of the Principal Regulations shall have effect as if ", the number (including polling district letter) shall be marked on the counterfoil of the ballot paper" were deleted.

( b ) Sub-article (4) of article 33 of the Principal Regulations is hereby revoked.

( c ) Paragraph (d) of article 33 (5) of the Principal Regulations shall have effect as if "bearing the number of the ballot paper," were deleted.

10. The following article is hereby substituted for article 36 of the Principal Regulations:

"36. (1) The returning officer may for the purpose of taking the poll and counting the votes at an election use, free of charge, any school or any room in a school receiving a grant out of moneys provided by the Oireachtas, and any premises the expense of maintaining which is payble out of any rate.

(2) The returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used for the purpose of taking the poll and counting the votes at an election.

(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll and counting the votes at an election shall not render any person liable to be rated or to pay any rate for the premises.

(4) A person having control over a school, adjoining or adjacent to, or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer of his intention to use such school or any part thereof for the purpose of taking the poll and counting the votes at an election send to the returning officer a notice of objection to such use. Any such objection may, on the application of the returning officer, be over-ruled by the Minister, but unless and until the objection is so over-ruled, no part of the school may be used by the returning officer.

(5) In this article 'school' includes a national school and a secondary, vocational or other post-primary school."

11. The following is hereby substituted for sub-article (1) of article 38 of the Principal Regulations:

"(1) The returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the returning officer and where the appointment revoked is the appointment of a presiding officer, the returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station."

12. The following article is hereby inserted after article 39 of the Principal Regulations:

"39A. Where a poll, other than a poll taken on a day specified under article 39 of these Regulations, is to be taken at an election for a local electoral area, notwithstanding anything contained in these Regulations, the following provisions shall have effect in relation to a polling station situate on an island--

( a ) where, owing to transport difficulties the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,

( b ) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next following the polling day, he may then close the poll.".

13. Article 43 (2) of the Principal Regulations shall have effect as if paragraph (b) were deleted.

14. The references in sub-article (1) (c) and sub-article (2) of article 46 of the Principal Regulations to twenty-one years shall each be construed as a reference to eighteen years.

15. The following sub-article is hereby substituted for sub-article (3) of article 54 of the Principal Regulations:

"(3) The latest time for the opening of the postal ballot boxes shall be 9 a.m. on the day next following the polling day.".

16. ( a ) Sub-articles (4) and (6) of article 55 of the Principal Regulations are hereby revoked.

( b ) Article 55 (1) of the Principal Regulations shall have effect as if "and examine the receipt" were substituted for ", examine the receipt and compare the number thereon with the number on the ballot paper envelope".

( c ) Article 55 (2) of the Principal Regulations shall have effect as if "the numbers on the receipt and on the ballot paper envelope are the same and" were deleted.

( d ) Article 55 (5) of the Principal Regulations shall have effect as if "the purpose of sub-article (4) of this article and of sub-article (2) of article 56 of these Regulations for" were deleted.

( e ) Article 55 (7) of the Principal Regulations shall have effect as if "Chapter" were substituted for "article".

( f ) Article 55 (9) of the Principal Regulations shall have effect as if "and the numbers thereon are the same," were deleted.

17. ( a ) The following sub-article is hereby substituted for sub-article (1) of article 56 of the Principal Regulations:

"(1) When the covering envelopes in any postal ballot box have been opened and their contents dealt with under the preceding article, the returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in sub-article (3) of the preceding article) and shall place each ballot paper in the appropriate ballot box referred to in sub-article (5) of the preceding article.".

( b ) Sub-articles (2) and (3) of the said article 56 are hereby revoked.

18. The following sub-article is hereby substituted for sub-article (1) of article 64 of the Principal Regulations:

"(1) Any ballot paper--

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

( b ) on which the figure 1 standing alone, or the word 'one' or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate, or

( c ) on which the figure 1 standing alone indicating a first preference, or the word 'one' or any other mark which, in the opinion of the returning officer clearly indicates a first preference, is set opposite the name of more than one candidate, or

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

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

19. The following sub-article is hereby substituted for sub-article (8) of article 67 of the Principal Regulations:

"(8) A surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count; provided that--

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

(i) the number of votes credited at such count to the lowest candidate is greater than one-third of the quota, or

(ii) the sum of the number of votes credited at such count to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one-third of the quota;

( 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.".

20. Article 79 (6) of the Principal Regulations is hereby revoked.

21. The following is hereby substituted for sub-article (2) of article 84 of the Principal Regulations:

"(2) Every member of a joint committee or joint board who has been elected, appointed or nominated by a local authority and is in office as such member at the date of an election to such local authority shall continue to hold office as such member of such joint committee or joint board (subject to his death, resignation, disqualification, removal from office or otherwise ceasing to be a member of the local authority other than by way of reaching the ordinary day of retirement of members of a local authority under article 85 of these Regulations) until the day after the annual or quarterly meeting, as the case may be, of such local authority next after such elections.".

22. The Schedule to the Principal Regulations is hereby amended by the substitution of the following form for Form L.E. 3:

FORM L.E. 3.

BALLOT PAPER.

(Front of Paper)

GIVEN under the Official Seal of the Minister for Local Government,

this 30th day of April, 1974.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations amend the Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ). They make the changes required as a result of the reduction of the minimum voting age at local elections to 18 and increase the safeguards to the secrecy of the ballot in local elections. Certain other minor amendments are also made to the 1965 Regulations.