Referendum Act, 1942
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 8
paragraphs: —(1) Whenever a bill containing a proposal for the amendment of the Constitution shall have been passed or be deemed to have been passed by both Houses of the Oireachtas it shall be lawful for the Minister to appoint by order the day (in this Act also referred to as the polling day) upon which the polling at the referendum on such proposal shall take place.
(2) The polling day appointed by an order made by the Minister under this section shall not be less than thirty days and not more than ninety days after the date of such order.
(3) Every order made by the Minister under this section shall be published in the Iris OifigiÃºil as soon as may be after it is made.
num: 9
paragraphs: —(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and DÃ¡il Eireann is dissolved before the Minister has made under the next preceding section an order appointing the polling day at the referendum on such proposal, the Minister, if he so thinks fit, may (notwithstanding anything contained in the said next preceding section) appoint by his order under that section the polling day at the general election consequent on such dissolution of DÃ¡il Eireann to be the polling day at such referendum.
(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and DÃ¡il Eireann is dissolved after the Minister has made his order (in this sub-section referred to as the original order) under the next preceding section in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister, if he so thinks fit, may by order amend the original order by substituting the day which is the polling day at the general election consequent on such dissolution of DÃ¡il Eireann for the day named in the original order as the polling day at such referendum.
num: 10
paragraphs: —(1) Whenever—
(a) the President informs the Taoiseach in accordance with Article 27 of the Constitution that he has decided that a bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and
(b) the Government determines that a referendum for the purpose of ascertaining the will of the people on such proposal shall be taken,
the Minister shall, within one week after such determination by the Government, appoint by order the day (in this Act also referred to as the polling day) upon which the polling at such referendum shall take place.
(2) The polling day appointed by an order made by the Minister under this section shall not be less than thirty days and not more than ninety days after the date of such order.
(3) Whenever the Government determines than an ordinary referendum shall be taken, the Government shall cause notice of such determination to be published in the Iris OifigiÃºil, and thereupon such publication shall be conclusive evidence of such determination.
(4) Every order made by the Minister under this section shall be published in the Iris OifigiÃºil as soon as may be after it is made.
num: 11
paragraphs: —The following provisions shall have effect in relation to the taking of the poll at a referendum, that is to say:—
(a) save as is otherwise provided by this Act, the poll shall be taken on one day only and that day shall be the same throughout the State and shall be the day appointed by the order of the Minister under this Act to be the polling day at such referendum;
(b) the poll shall commence at nine o'clock in the forenoon and shall be kept open until nine o'clock in the afternoon and no longer;
(c) for the purpose of taking the poll, the State shall be deemed to be divided into the same constituencies as those into which it is for· the time being divided for the purpose of the election of members of DÃ¡il Eireann, and the poll shall be taken separately in each such constituency;
(d) the person who would be the returning officer at a DÃ¡il election in any such constituency shall be the returning officer (in this Act referred to as the local returning officer) in such constituency for the purpose of the poll and, where such person is a county registrar, sub-section (7) of section 40 of the Court Officers Act, 1926 (No. 27 of 1926), shall apply and have effect;
(e) each voter at the poll shall record his vote in the constituency in which he would be entitled to vote at a general election of members of DÃ¡il Eireann
(f) each such constituency shall be deemed to be divided for the purpose of the poll into the same polling districts as those into which it is for the time being divided for the purpose of a DÃ¡il election, and the places which are for the time being appointed as polling places in each such polling district for the purpose of a DÃ¡il election shall be the polling places for the purpose of taking the poll;
(g) it shall be the duty of every local returning officer to conduct the taking of the poll in his constituency in accordance with this Act, and for that purpose to provide such polling stations, ballot boxes, ballot papers, stamping instruments, copies of the register of electors and other things, appoint and pay such officers and do such other acts and things as may be necessary for effectually taking the poll in his constituency in accordance with this Act;
num: 12
paragraphs: —(1) Every local returning officer at the taking of the poll at a referendum shall be entitled to his reasonable charges, not exceeding the sums specified in the scale of maximum charges framed under this section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes or in connection with the taking of such poll.
(2) The amount of the charges mentioned in the foregoing sub-section of this section of a local returning officer shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof on an account to be submitted to him by such returning officer in accordance with regulations to be made by the said Minister under this section, but the said Minister may, if he thinks fit, before payment of the charges of any local returning officer, apply to a judge of the Circuit Court having jurisdiction in the constituency of such returning officer for the taxation of such account and thereupon such judge shall cause such account to be taxed and the amount payable thereunder to be determined by the county registrar.
(3) The Minister for Finance may, if he so thinks fit, on the application of a local returning officer, make to such officer, on such terms as the said Minister shall think proper, an advance on account of the charges payable to such returning officer under this section.
(4) The taxation under this section of the account of a local returning officer shall, if the judge so directs on the application of such returning officer, include the taxation and determination of the amount of any claim made by any person against such returning officer in respect of any matter charged for in such account.
(5) The Minister for Finance shall prescribe for the purposes of this section a scale of maximum charges and may revise such scale as and when he thinks fit, and may also make regulations as to the time when and the manner and form in which accounts are to be rendered to him by local returning officers for the purposes of the payment of such charges.
num: 13
paragraphs: —(1) No person shall be entitled to vote in any constituency at the poll at a referendum unless he is registered as a DÃ¡il elector in the register of electors for the time being in force for such constituency.
(2) No person who has not attained the age of twenty-one years shall be entitled to vote at the poll at a referendum.
(3) No person shall be entitled to vote more than once (whether in the same constituency or in different constituencies) at the poll at a referendum, but subject to that limitation, every person who is registered as a DÃ¡il elector in the register of electors for the time being in force for a constituency shall (save as is otherwise provided by this section) be entitled to demand and receive a ballot paper and to vote in such constituency at such poll.
(4) No person who is for the time being prohibited by law from voting at a DÃ¡il election shall be entitled to receive a ballot paper or to vote at the poll at a referendum, and every person who votes at such poll while he is so prohibited shall be liable to the same penalties as those for which he would be liable if he voted at a DÃ¡il election.
num: 14
paragraphs: —(1) The votes at the poll at a referendum shall be given by ballot and the ballot of each voter shall consist of a paper (in this Act called a ballot paper).
(2) Every ballot paper shall have a number printed on the back thereof and shall have attached a counterfoil with the same number printed on the face thereof and shall be capable of being folded up.
(3) Every ballot paper shall, at the time of issue thereof, be marked on both sides with an official mark either stamped or perforated.
(4) The referendum returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers and it shall be his duty to supply to every local returning officer such number of ballot papers as such officer shall reasonably require.
num: 15
paragraphs: —(1) Every ballot paper at a referendum shall be in whichever of the forms set out in the Second Schedule to this Act is applicable.
(2) Where the same day is the polling day at two or more referenda, then and in such case (save as is otherwise provided by the next following sub-section of this section) separate ballot papers shall not be issued for such referenda and, in lieu thereof, every ballot paper at such referenda shall be so framed that the voter shall be able to record thereby a separate vote in respect of each such referendum.
(3) Where the same day is the polling day at two or more referenda and the Minister is of opinion that it is for any reason impracticable or inexpedient to comply with the next preceding sub-section of this section in regard to those referenda, the following provisions shall apply and have effect, that is to say:—
(a) the Minister may direct that separate ballot papers shall be issued for one or more or all of such referenda;
(b) where the Minister gives such direction as is authorised by the foregoing paragraph of this sub-section, separate ballot papers shall, notwithstanding anything contained in the said next preceding sub-section, be issued in accordance with that direction;
(c) where the Minister gives such direction as aforesaid and such direction does not apply to all of such referenda, then and in such case, if there is only one of such referenda to which such direction does not apply, separate ballot papers shall be issued for that one of such referenda, and, if there are two or more of such referenda to which such direction does not apply, the said next preceding sub-section shall apply and have effect in relation to those two or more of such referenda.
(4) Every ballot paper in respect of one referendum shall contain a statement of the proposal which is the subject of such referendum, and every ballot paper in respect of two or more referenda having the same polling day shall contain, in respect of each such referendum, a statement of the proposal which is the subject of such referendum.
(5) At a constitutional referendum, the proposal which is the subject thereof shall be stated on the ballot paper in the same terms as nearly as may be as such proposal is stated in the bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.
(6) At an ordinary referendum, the proposal which is the subject thereof shall be stated on the ballot paper in the same terms as nearly as may be as such proposal is stated in the writing under the hand and seal of the President sent by him to the Taoiseach.
num: 16
paragraphs: —(1) Every voter at the poll at a referendum shall record his vote by marking his ballot paper in accordance with the instructions for marking which are printed on the ballot paper.
(2) Any ballot paper—
(a) which does not bear the official mark, or
(b) on which no vote is placed at all, or
(c) on which the vote is not so placed as to indicate that the voter approves or does not approve of the proposal which is the subject of such referendum, or
(d) on which votes are given both for and against such proposal, or
(e) on which anything by which the voter can be identified (except the number required by law to be printed on the back of the ballot paper) is written or marked,
shall be invalid and shall not be counted.
(3) Where a ballot paper is not invalid under any of the provisions of the next preceding sub-section of this section, such ballot paper shall not be invalid merely because it does not comply with the instructions for marking which are printed thereon, and in particular shall not be invalid because the mark “x” is not used in marking such paper, provided such paper is so marked as to indicate with reasonable certainty the will of the voter.
(4) Where a ballot paper relates to two or more referenda and a vote is properly recorded thereon in respect of one or more but not all of such referenda, such ballot paper, if not otherwise invalid, shall be valid for the purposes of the referendum or referenda in respect of which a vote is properly recorded thereon and invalid and not counted for the purposes of the referendum or referenda in respect of which a vote is not recorded thereon or is improperly recorded thereon.
num: 17
paragraphs: —(1) Any member of DÃ¡il Eireann or of Seanad Eireann may appoint a person (in this Act referred to as a personation agent) to attend at a particular polling station at a referendum for the purpose of assisting in the detection of persons committing or attempting to commit the offence of personation.
(2) A member of DÃ¡il Eireann or of Seanad Eireann may appoint under this section, in respect of any referendum, personation agents at as many polling stations as he thinks fit, but no one member of DÃ¡il Eireann or of Seanad Eireann shall appoint more than one personation agent in respect of any one polling station.
(3) A member of DÃ¡il Eireann or of Seanad Eireann appointing under this section a personation agent in respect of a polling station shall, not less than forty-eight hours before the commencement of the poll, furnish in writing to the local returning officer in the constituency in which such polling station is situate the name of such personation agent and the name or description of the polling station in respect of which he is appointed.
(4) Every personation agent duly appointed under this section and of whose appointment notice is duly given in accordance with the next preceding sub-section of this section shall be entitled to attend in the polling station to which he is so appointed during the whole of the time for which the poll is open and during half an hour before and half an hour after that time.
(5) No personation agent shall, while the poll remains open, leave the polling station to which he is appointed without previously obtaining the permission of the presiding officer or without depositing with the presiding officer for the duration of his absence all registers, books, and documents in which he has made any note, writing, or mark during the poll.
(6) Any personation agent who leaves a polling station in contravention of this section shall not be permitted to return to such polling station until after the close of the poll and shall also be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.
(7) Where the polling day at a constitutional referendum is also the polling day at a general election, the following provisions shall apply and have effect, that is to say:—
(a) the powers conferred by the foregoing provisions of this section on a member of DÃ¡il Eireann shall be exercisable by any person who was a member of DÃ¡il Eireann immediately before the dissolution which occasioned such general election, and
(b) every person appointed under section 22 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), to be a personation agent for the purposes of such general election at a polling station in a constituency in which a poll is taken at such general election shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum, and the foregoing provisions of this section shall apply to him accordingly.
num: 18
paragraphs: —(1) Every local returning officer at a referendum shall appoint, in respect of every polling station in his constituency, a fit and proper person to be the presiding officer in such polling station.
(2) Every presiding officer appointed under this section shall have in his polling station all the powers and duties conferred or imposed by this Act on a presiding officer.
num: 19
paragraphs: —If, at the poll at a referendum, any person misconducts himself in a 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 such polling station by any member of the GÃ¡rda SÃ­ochana or by any person authorised in writing by the presiding officer to remove him, and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter such polling station during the poll.
num: 20
paragraphs: —(1) Every person whose name is, at the time of the poll at a referendum, on the postal voters' list for a constituency shall be entitled to vote in that constituency at the poll at such referendum by sending his ballot paper by post to the local returning officer for the said constituency and shall not be entitled to vote at such referendum in any other manner.
(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every person who is on the postal voters' list for his constituency a ballot paper and a declaration of identity in the prescribed form.
(3) If a ballot paper sent to any person under the next preceding sub-section of this section is returned to the local returning officer duly marked by the said person and is accompanied by the declaration of identity duly signed and authenticated and is received by such returning officer before the close of the poll, such ballot paper shall be treated and counted by such returning officer in the same manner as a ballot paper placed in the ballot box in the ordinary way.
(4) In sending out, receiving, and otherwise dealing with the ballot papers of postal voters, every local returning officer shall observe and comply with the law (so far as it is not inconsistent with this Act) for the time being regulating the sending out, receiving and otherwise dealing with the ballot papers of postal voters at a DÃ¡il election.
num: 21
paragraphs: —(1) No question, inquiry, or objection shall be put, made, or permitted during the poll at a referendum as to the right of any person to vote, and no objection to the right of any person to vote shall be made or received by any presiding officer at such poll save only that the presiding officer may, and, if so required by a personation agent, shall put to any person at the time of his applying for a ballot paper and not afterwards the following questions, or any two or one of them, viz.:—
(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of___________________________
(ii) Have you already voted at this referendum?
(iii) Have you attained the age of twenty-one years?
And unless such of those questions as are put to such person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of those questions, in the negative that person shall not vote.
(2) A presiding officer at the poll at a referendum may, and, if so required by a personation agent, shall administer to any person at the time of his applying for a ballot paper and not afterwards an oath or (in the case of any person who objects to take an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:—
“I swear by Almighty God (or I, A B, do solemnly, sincerely and truly declare and affirm— as the case may be) that I am the same person as the person whose name appears as A B on the register of electors now in force for the constituency of ________________________ and that I have not already voted at this referendum, and that I have attained the age of twenty-one years.”
(3) Save as is mentioned in this section, it shall not be lawful at the poll at a referendum to require any person to take any oath or affirmation either in respect of his right to vote or any other matter whatsoever.
(4) It shall not be lawful to reject any vote tendered at a referendum by any person whose name appears as a DÃ¡il elector upon the register of electors in force for the time being except by reason of its appearing to the presiding officer upon putting the questions aforesaid, or any two or one of them, that the person so claiming to vote is not the person whose name appears on such register as aforesaid, or that such person has already voted at that referendum or that such person has not attained the age of twenty-one years or except by reason of such person refusing to answer the said questions, or any two or one of them, or to take the said oath or make the said affirmation.
(5) Where the same day is the polling day at two or more referenda, the following provisions shall have effect, that is to say:—
(a) in the questions and oath authorised by this section the words “any of these referenda” shall be substituted for the words “this referendum”;
(b) a person who applies for a ballot paper shall be deemed to tender his vote at all the said referenda;
(c) subject to the provisions of this Act in relation to a voter who inadvertently spoils his ballot paper, a voter who receives a ballot paper shall not be entitled to receive another ballot paper on the ground that he did not record on the said ballot paper a vote in respect of all the said referenda.
num: 22
paragraphs: —(1) Every officer, clerk, and person employed or in attendance at a polling station at the poll at a referendum shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any voter 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 person, and no other 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 manner in which any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the manner in which any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.
(2) Every officer, clerk, and person employed or in attendance at the opening of the ballot boxes or the counting of the votes by a local returning officer at a referendum shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such opening or counting the number on the back of any ballot paper, or communicate any information obtained at such opening or counting as to the manner in which any vote is given in any particular ballot paper.
(3) Every officer, clerk, and person concerned in or present at the issue of ballot papers to postal voters or the receipt of ballot papers from postal voters at a referendum shall maintain, and aid in maintaining the secrecy of the voting by such voters, and shall not, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of electors of any postal voter to or from whom any ballot paper has been sent or received, or as to the official mark, and no such officer, clerk, or person, and no other person whosoever shall interfere with, or attempt to interfere with, the receipt, marking, or return of his ballot paper by any postal voter at a referendum or attempt to obtain information as to the manner in which any such voter has voted, or communicate at any time to any person any information obtained in connection with the issue or receipt of ballot papers to or from postal voters at a referendum as to the manner in which any such voter has voted or as to the number on the back of the ballot paper sent to any such voter.
(4) No person shall directly or indirectly induce any voter at a referendum to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the manner in which such voter has marked his vote.
(5) Every person who by any act or omission contravenes any of the provisions of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.
num: 23
paragraphs: —(1) If and whenever, at a referendum, the polling at any polling place is wholly prevented or is interrupted or obstructed by riot or open violence or persons are prevented by riot or open violence from proceeding to a polling place, the local returning officer in the constituency in which such polling place is situate shall adjourn the polling at such polling place to the next following day which is not a Sunday, Good Friday, Christmas Day, or a bank holiday and shall, if necessary, further adjourn such polling until such riot or open violence has ceased.
(2) Whenever the polling at one or more polling places in a constituency at a referendum is adjourned under this section, the local returning officer in such constituency shall not open any of the ballot boxes used at any polling place in such constituency until the polling at all such places has been completed.
num: 24
paragraphs: —If at the poll at a referendum any ballot boxes or ballot papers are taken out of the custody of the local returning officer or a presiding officer or are in any way tampered with or are either accidentally or intentionally destroyed or (in the case of ballot papers) are maliciously torn or defaced, the following provisions shall have effect, that is to say:—
(a) the polling at every polling place at which any of such ballot boxes or ballot papers were used shall be void;
(b) the local returning officer for the constituency in which such ballot boxes or ballot papers were used shall forthwith inform the Minister of such polling having so become void;
(c) upon receipt of such information, the Minister shall forth-with take all such steps and give all such directions as he shall think proper for the taking of a fresh poll at every such polling place;
(d) a fresh poll shall be taken at every such polling place in accordance with the directions given by the Minister;
(e) this Act shall apply in respect of such fresh poll in like manner as it applies to the original poll.
num: 25
paragraphs: —(1) For the purpose of taking the poll at a referendum, a local returning officer may use, free of charge, any room in a school receiving a grant out of moneys provided by the Oireachtas, and any room the expense of maintaining which is payable out of any local rate, and may, where no such room is available, hire a building or room.
(2) Whenever a local returning officer uses free of charge a room under the foregoing sub-section of this section, he may defray any expenses incurred by the person having control of such room on account of its being so used and shall pay for any damage done to such room while it is so used.
(3) The use or hire under this section by a local returning officer of a room in an unoccupied building shall not render any person liable to be rated or to pay any rate in respect of such building.
(4) A person having charge of 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 from the local returning officer notice of such officer's intention to use such school or any part thereof under this section, object to such use by sending a written statement of such objection to such returning officer, and thereupon it shall not be lawful for such returning officer so to use such school or any part thereof unless or until such objection is overruled by the Minister on the application of such returning officer.
num: 26
paragraphs: —Where any constituency comprises the whole or any part of any local government electoral area, any ballot boxes, fittings for polling stations, and compartments provided for local government elections in such electoral area may be used for the poll at a referendum in such constituency, and it shall be the duty of the local returning officer at any such poll in such constituency to make use so far as practicable of the ballot boxes, fittings, and compartments aforesaid, and the court upon taxation of his accounts shall have regard to the provisions of this section, and any damage other than reasonable wear and tear caused to any such ballot boxes, fittings, and compartments by such user at any such poll shall be paid as part of the expenses of such local returning officer.
num: 27
paragraphs: —No person who has voted at a referendum shall be required in any legal proceeding to state the manner in which he has voted at such referendum.
num: 28
paragraphs: —Whenever the polling day at a constitutional referendum is also the polling day at a general election, the following provisions shall (notwithstanding anything to the contrary contained in this Act) apply and have effect in every constituency in which a poll is taken at such general election, that is to say:—
(a) the poll at such referendum shall be taken at the same time, in the same places, by the same persons, and in the same manner as the poll at such general election;
(b) the same official mark shall be used for the ballot papers at such referendum as is used for the ballot papers at such general election;
(c) the ballot papers at such general election shall not be of the same colour as the ballot papers at such referendum, and for that purpose white shall be deemed to be a colour;
(d) the ballot paper for such referendum shall be handed to each voter or, in the case of voters on the postal voters lists, sent to each voter at the same time as the ballot paper for such general election is handed or sent to him;
(e) the returning officer may, if he so thinks proper, provide separÃ¡te ballot boxes for the ballot papers for such referendum and for the ballot papers for such general election;
(f) if such separate boxes are so provided, a ballot paper for such referendum shall not be invalid by reason only of its being put into a ballot box provided for ballot papers for such general election, and a ballot paper for such general election shall not be invalid by reason only of its being put into a ballot box provided for ballot papers for such referendum;
(g) if such separate ballot boxes are not so provided, the ballot papers for such referendum and the ballot papers for such general election shall be put into the same ballot boxes.
num: 29
paragraphs: —(1) The following portions of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), shall apply and have effect in relation to every referendum, that is to say:—
(a) Part I, except section 7;
(b) in Part II, sections 9, 10, 13, and 15;
(c) in Part III, sections 25 and 26;
(d) in Part VIII, sections 44, 45, 46, 49, 52, 53, and 56.
(2) For the purpose of the application of the said portions of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), to a referendum in pursuance of the foregoing sub-section of this section—
(a) the word “election” wherever it is used without qualification in the said portions of the said Act shall be construed and have effect as including a referendum;
(b) the expression “DÃ¡il election” and the expression “DÃ¡il or Seanad election”, wherever they respectively occur in the said portions of the said Act, shall be construed as including a referendum;
(c) all references in the said portions of the said Act to candidates shall be disregarded;
(d) in sub-sections (2) and (3) of section 2 of the said Act, the words “the return of any person to serve in the Oireachtas or” shall be disregarded;
(e) in sub-section (3) of section 10 of the said Act, the question “Have you already voted at this referendum?” shall be substituted for the question mentioned in that sub-section;
(f) in sections 25 and 26 of the said Act, the expression “personating agent” shall be construed as meaning a personation agent appointed under this Act;
(g) in section 46 of the said Act, the expression “returning officer” shall be construed and have effect as including both the referendum returning officer and a local returning officer;
(h) in section 52 of the said Act, the words “proceedings are held before an election court” shall be construed as meaning the trial before the High Court of a referendum petition, and the words “the report of such court” shall be construed as meaning the final order of the High Court on such trial.
(3) There shall be included in every corrupt and illegal practices list prepared in pursuance of section 43 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), the names and descriptions of all persons who are convicted by any court of a corrupt or illegal practice within the meaning of the said Act at a referendum.
num: 30
paragraphs: —(1) As soon as may be after the close of the poll at a referendum in any constituency, the local returning officer for that constituency shall, in accordance with the Rules contained in the First Schedule to this Act, count the votes recorded in his constituency and report the result of such counting to the referendum returning officer.
num: 31
paragraphs: —Every local returning officer, presiding officer, clerk, or other person having duties in connection with the conduct of a referendum in any constituency who commits any wilful or grossly negligent misfeasance or any grossly negligent act or omission in contravention of this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
num: 32
paragraphs: —(1) The Minister may, whenever he thinks proper so to do, issue to all or any local returning officers or officer such instructions in relation to the conduct of the poll (including the opening of the ballot boxes and the counting of the votes) at a referendum as he shall consider necessary or expedient in order to ensure the smooth and efficient taking of such referendum and to secure uniformity of procedure in regard thereto in all constituencies.
(2) It shall be the duty of every local returning officer to observe and comply with all instructions given to him by the Minister under the next preceding sub-section of this section.
(3) If any difficulty shall arise in the taking of a referendum; the Minister may by order provide for any matter or do any thing not inconsistent with this Act which appears to him to be necessary for the proper taking of such referendum.
(4) No local returning officer shall be required or authorised by an instruction given to him or an order made by the Minister under this section to do any act (whether of ommission or comission) which is contrary to this Act, or which would, directly or indirectly, infringe the secrecy of the ballot.
num: 33
paragraphs: —In this Part of this Act—
the expression “corrupt practice” means an offence which is a corrupt practice within the meaning of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923),
the expression “duly presented” means, in relation to a referendum petition, that such petition either was presented in accordance with this Part of this Act and did not become null and void after such presentation or was presented by the Attorney-General with the leave of the court under the provision in that behalf contained in this Part of this Act.
num: 34
paragraphs: —(1) A petition (in this Act referred to as a referendum petition) questioning the validity of a provisional referendum certificate may be presented to the High Court in accordance with this Part of this Act by any person authorised by this section so to do.
(2) A referendum petition may question a provisional referendum certificate either—
(a) in respect of the particulars stated in such certificate of the voting in any one constituency, on the ground that corrupt practices prevailed extensively at or in relation to the taking of the referendum in that constituency or on the ground of error or misconduct (whether by act or omission) on the part of the local returning officer for that constituency, or
(b) in respect of the particulars stated in such certificate of the aggregate voting at the referendum as a whole or of the result of the referendum as so stated, on the ground of error on the part of the referendum returning officer or, in the case of an ordinary referendum, on the ground of error in relation to the number of DÃ¡il electors on the register of electors for the time being in force.
(3) A referendum petition may be presented by any of the following persons, that is to say:—
(a) in the case of a petition in respect of the voting in one constituency, by any person who voted in that constituency at the referendum or who claims that he was entitled to vote in that constituency at the referendum but was unlawfully refused a ballot paper or was in any other manner unlawfully prevented from so voting;
(b) in the case of a petition in respect of the aggregate voting at the referendum as a whole or in respect of the result of the referendum, by any person who voted at the referendum;
(c) in any case; by the Attorney-General.
(4) A provisional referendum certificate shall not be capable of being questioned in any manner in any court save only by a referendum petition presented to the High Court under this Part of this Act.
num: 35
paragraphs: —(1) Where a referendum petition is presented by a person other than the Attorney-General, the Attorney-General shall be named therein as the respondent thereto.
(2) Where a referendum petition is presented by the Attorney-General, no person shall be named therein as the respondent thereto but the High Court may, if it so thinks proper, assign counsel to present the case against the petition.
(3) Where, in a referendum petition or any particulars filed in relation thereto or at the hearing of a referendum petition, any particular person is alleged to have been guilty of a corrupt practice in relation to the referendum or where a copy of a referendum petition is served on a particular person by direction of the High Court, the High Court may, on the application of that person, add or name him as a respondent to such petition.
(4) Where, at the trial of a referendum petition presented by the Attorney-General, a question of law arises in relation to anything done or omitted by the referendum returning officer or a local returning officer, the High Court may, on the application of the Attorney-General, name the referendum returning officer or such local returning officer (as the case may be) as respondent to such petition to argue the said question of law, but for no other purpose.
(5) Where the referendum returning officer or a local returning officer is named as respondent to a referendum petition under the next preceding sub-section of this section, the costs and expenses incurred by such officer in or about appearing on and arguing the question of law shall be defrayed by the Minister for Finance out of moneys provided by the Oireachtas.
(6) References in this section to arguing a question of law shall be construed and have effect as including arguing such question before the Supreme Court on a case stated (if any) thereon as well as arguing such question before the High Court.
num: 36
paragraphs: —The following provisions shall apply and have effect in relation to every referendum petition, that is to say:—
(a) the petition shall be presented by being lodged in the Central Office of the High Court, and shall be so presented not later than twenty-one days after the publication in the Iris OifigiÃºil of the provisional referendum certificate to which the petition relates;
(b) save where the Attorney-General is the petitioner, a copy of the petition shall be served on the Attorney-General within five days after the day on which it is presented, and an affidavit verifying such service shall be filed in the Central Office of the High Court within the said five days;
(c) save where the Attorney-General is the petitioner, the petitioner shall, within five days after the petition is presented, give security for the costs of the Attorney-General to the amount of one thousand pounds either,
(i) by the lodgment of the sum of one thousand pounds with the Accountant of the Courts of Justice, or
(ii) by entering into a recognisance, with three sureties accepted by the Master of the High Court, conditioned for the payment of the costs of the Attorney-General to such (if any) amount not exceeding one thousand pounds as shall be ordered by the High Court;
(d) if, in a case to which the foregoing provisions of this section in relation to serving a copy of the petition, filing an affidavit of service, and giving security for costs apply, those provisions are not all complied with, the petition shall, at the expiration of the time limited by this section for complying with those provisions, become and be null and void;
(e) the petition shall set out with reasonable particularity the grounds on which it is based and shall pray that the provisional referendum certificate to which it relates shall be reviewed by the High Court;
(f) the petition shall be signed by the petitioner or by his counsel;
(g) where the ground or one of the grounds on which the petition is based is that corrupt practices prevailed extensively in relation to the taking of the referendum in a particular constituency, such corrupt practices need only be stated generally in the petition, but save where the Attorney-General is the petitioner, the petitioner shall lodge a full and detailed statement of the particulars of such corrupt practices in the Central Office of the High Court and serve a copy thereof on the Attorney-General within fourteen days after the presentation of the petition;
(h) where a statement of particulars of corrupt practices has been lodged in pursuance of the next preceding paragraph of this section, the High Court may, at any time on the application of the Attorney-General, require the petitioner to furnish further and better particulars of such corrupt practices;
(i) if, at the expiration of twenty-one days from the publication of a provisional referendum certificate in the Iris OifigiÃºil, no referendum petition has been presented in relation to such certificate, the Master of the High Court shall, immediately on the expiration of those twenty-one days, inform the referendum returning officer in writing of that fact;
(j) if a referendum petition is presented by the Attorney-General within the time limited by this section, the Master of the High Court shall forthwith inform the referendum returning officer in writing of that fact;
(k) if a referendum petition is presented by a person other than the Attorney-General within the time limited by this section, the Master of the High Court shall forthwith inform the referendum returning officer in writing of that fact and shall also, after, but not more than seven days after, the expiration of twenty-one days from the publication of the relevant provisional referendum certificate in the Iris OifigiÃºil, inform the referendum returning officer in writing either (as the facts may be)—
(i) that the provisions of this section in relation to filing an affidavit of service on the Attorney-General and in relation to giving security for costs have been duly complied with in respect of such, petition, or
(ii) that the said provisions have not been complied with in respect of such petition and that such petition has therefore become null and void;
(l) unless or until rules of court are made in respect of referendum petitions, the rules of court for the time being in force in respect of plenary summonses and the trial of actions in the High Court shall, subject to the provisions of this Part of this Act, apply and have effect in respect of referendum petitions and the trial thereof with the necessary modifications;
(m) in the reckoning of any period of time mentioned in this section which does not exceed ten days, Sundays, bank holidays, Christmas Day, and Good Friday shall be excluded.
num: 37
paragraphs: —(1) Where, at any time before or during the trial of a referendum petition, it appears to the High Court that a particular person is so concerned in or affected by such petition that he ought to have notice thereof, the High Court may, on the application of the Attorney-General or on its own motion, direct that a copy of such petition together with such notice as is mentioned in the next following sub-section of this section be served on that person by the Attorney-General.
(2) The notice to be served on a person in pursuance of a direction of the High Court under the next preceding sub-section of this section shall state that it appears to the High Court that such person is so concerned in or affected by the referendum petition of which a copy is served with such notice that he ought to have notice of that petition, and the said notice shall also state that such person is entitled under this Part of this Act to apply, if he so thinks fit, to the High Court to have himself added or named as a respondent to such petition.
num: 38
paragraphs: —(1) The following provisions shall have effect in respect of the trial of a referendum petition, that is to say:—
(a) every referendum petition shall be tried by the High Court and every such trial shall be before three judges of that court;
(b) the trial shall take place in the City of Dublin, but it shall be lawful for the court to transfer the trial or any part thereof to any other place whenever, owing to the number of local witnesses or for any other reason, such transfer appears to the court to be expedient;
(c) if the trial or any part thereof is transferred to a place outside the City of Dublin, sections 41 , 42 , 43 , and 44 of the Courts of Justice Act, 1936 (No. 48 of 1936), shall apply and have effect as if the court were the High Court on Circuit and the said place (if it is not an appeal town) were an appeal town;
(d) the evidence at the trial shall, save where the court otherwise directs, be given viva voce;
(e) the petitioner and the respondent (if any) shall each be entitled to adduce evidence and, where there are two or more respondents, each of them shall be entitled to be heard and adduce evidence separately;
(f) where two or more referendum petitions are presented in respect of the same provisional referendum certificate, all such petitions shall, so far as practicable, be heard and determined by the same three judges, and all or any two or more of such petitions may, at the discretion of the court, be tried together or be consolidated;
(g) the referendum returning officer shall attend the trial and produce and deliver to the court the provisional referendum certificate and generally give to the court such assistance as shall be requested of him by the court, but without prejudice to his being called as a witness by any party to the petition;
(h) no person shall be asked or required to state how he voted at the referendum;
(i) the costs of all parties to the petition shall be in the discretion of the court, and the court shall have power to order the costs or any part of the costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of the Attorney-General are so ordered to be paid by the petitioner, the court shall make provision for the payment, where necessary, of such costs out of or by means of the security for costs given by the petitioner.
(2) The court trying a referendum petition shall be entitled, at any time during such trial, to direct that a particular person shall be brought before the court and shall give evidence at such trial, and whenever the court so directs, the following provisions shall have effect, that is to say:—
(a) the court shall have power to compel the attendance of the person to whom such direction relates, and the Attorney-General shall take all such steps as the court shall direct for bringing such person before the court;
(b) the costs and expenses of bringing such person before the court (including any moneys payable to him as witness's expenses) shall be defrayed in the first instance by the Attorney-General but shall be part of the Attorney-General's costs and shall ultimately be borne accordingly;
(c) the said person shall be compellable to give evidence and shall be examined by the court and may be cross-examined by any party to the referendum petition;
(d) the said person shall not be entitled to refuse to answer any question on the ground that such answer would incriminate him in respect of any crime or offence.
num: 39
paragraphs: —(1) At the trial of a referendum petition, the court shall be entitled to require the referendum returning officer to produce and deliver to the court all or any of the documents in his possession relating to the referendum, including reports, packets, and documents sent to him by local returning officers.
(2) All documents delivered to the court under the foregoing sub-section of this section shall be retained by the court until the relevant provisional referendum certificate has become final and shall then be returned to the referendum returning officer.
(3) While any documents are retained by the court under this section, it shall be lawful for the court to authorise any particular person or persons to inspect all or any of such documents and, where necessary, to open sealed packets, and it shall be lawful for the court to impose such conditions and restrictions as it shall think proper in respect of any such inspection.
num: 40
paragraphs: —(1) At the trial of a referendum petition which questions the validity of a provisional referendum certificate in respect of the voting in a particular constituency, it shall be lawful for the High Court to order that the referendum shall be taken again in that constituency, and when the High Court so orders the following provisions shall have effect, that is to say:—
(a) the court shall, in the said order, appoint the day which shall be the polling day for the purpose of such retaking of the referendum;
(b) the referendum shall be retaken in the said constituency and the provisions of this Act in relation to the taking of a referendum (including the provisions relating to payment of the referendum returning officer for his services and expenses and to the charges and expenses of local returning officers) shall apply to such retaking, with the substitution of the polling day appointed by the said order of the court for a polling day appointed by the Minister;
(c) when the referendum returning officer has received the report of the local returning officer of the result of the counting of the votes at such retaking, he shall forth-with report such result to the High Court.
num: 41
paragraphs: —(1) Where only one referendum petition is duly presented in respect of a provisional referendum certificate, the final order of the court on the trial of such referendum petition shall either—
(a) confirm without alteration the said provisional referendum certificate which was the subject of the petition, or
(b) direct that the said certificate shall be amended in accordance with the findings of the court (including the result of any retaking of the referendum) and confirm the said certificate as so amended.
(2) Where two or more referendum petitions are duly presented in respect of the same provisional referendum certificate, then and in such case, whether such petitions are tried separately or are tried together or are consolidated, one consolidated final order shall be made by the court on such petitions at the conclusion of the trials or trial thereof and such consolidated final order shall either—
(a) confirm without alteration the said provisional referendum certificate which was the subject of the said petitions, or
(b) direct that the said certificate shall be amended in accordance with the several findings of the court in regard to the said petitions respectively (including the result of any retaking of the referendum) and confirm the said certificate as so amended.
(3) Where the court confirms a provisional referendum certificate without alteration, the court shall cause a statement of the fact of such confirmation to be endorsed on such certificate by a registrar of the High Court and shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer.
(4) Where the court directs a provisional referendum certificate to be amended and confirms such certificate as so amended, the court shall cause such certificate to be amended in accordance with such direction, and shall further cause a statement of the fact that such amendment was made by order of the court and of the fact that such certificate as so amended was confirmed by the court to be endorsed on such certificate by a registrar of the High Court, and shall cause such certificate so amended and endorsed to be returned forthwith to the referendum returning officer.
(5) A provisional referendum certificate duly endorsed in accordance with this section shall, when it is received by the referendum returning officer from the High Court, forthwith become and be, in the form in which it was confirmed by the court, final and incapable of being further questioned in any court and shall, in that form, be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.
num: 42
paragraphs: —Where the same day is the polling day in respect of two or more referenda and either a referendum petition or two or more referendum petitions questioning the provisional referendum certificate relating to one only of such referenda is or are duly presented or referendum petitions respectively questioning some but not all of the provisional referendum certificates respectively relating to such referenda are duly presented, the following provisions shall have effect notwithstanding anything inconsistent therewith contained in this Act, that is to say:—
(a) a provisional referendum certificate relating to any of such referenda shall not become final by reason of no referendum petition questioning such certificate having been duly presented;
(b) it shall be lawful for the Attorney-General, with the leave of the High Court, to present at any time a referendum petition questioning any provisional referendum certificate which relates to any of the said referenda and has not been confirmed by the High Court and is not the subject of a referendum petition duly presented;
(c) all the referendum petitions (duly presented) questioning any of the provisional referendum certificates relating to any of the said referenda shall, so far as practicable, be heard and determined by the same three judges, and all or any two or more of the said petitions may, at the discretion of the court, be tried together or be consolidated;
(d) the final orders of the court on all the trials of the said referendum petitions shall be made on the same day;
(e) when the said final orders have been made, every provisional referendum certificate relating to any of the said referenda in respect of which no referendum petition was duly presented shall be deemed to have been confirmed by the court, and the court shall cause to be endorsed on every such certificate by a registrar of the High Court a statement that such certificate is deemed to have been confirmed by the High Court, and the court shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer;
(f) the referendum returning officer shall deliver to the High Court for endorsement under the next preceding paragraph of this sub-section every provisional referendum certificate which is deemed under that paragraph to have been confirmed by the court, and every such certificate when so endorsed and received by the referendum returning officer from the High Court shall forthwith become and be final and incapable of being questioned in any court and shall be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.
num: 43
paragraphs: —The following provisions shall apply and have effect in relation to every referendum petition presented by a person other than the Attorney-General, that is to say:—
(a) where there are two or more petitioners and one or more but not all of them dies or die at any time before the final order of the court on the trial of the petition, the surviving petitioner or petitioners shall be entitled to carry on the petition subject to such application or order as may be required by rules of court;
(b) where the only or the last surviving petitioner dies at any time before the final order of the court on the trial of the petition, the High Court shall, on application of the Attorney-General, transfer the carriage of the petition to the Attorney-General, and thereupon all subsequent proceedings on the petition shall be conducted as if the petition were a petition presented by the Attorney-General;
(c) if the petitioner fails to proceed with reasonable speed with the proceedings on the petition, the High Court may, on the application of the Attorney-General, either forthwith make a final order confirming without alteration the provisional referendum certificate which was the subject of the petition or transfer the carriage of the petition to the Attorney-General and authorise him to proceed on the petition as if it had been presented by him;
(d) nothing in this section shall operate to prevent the High Court ordering the costs or part of the costs of the Attorney-General to be paid out of or by means of the security for costs given by a deceased petitioner or by a petitioner who has failed to proceed with reasonable speed.
num: 44
paragraphs: —(1) At any stage of the trial of a referendum petition, the High Court may, if it so thinks proper on its own motion or on the application of any party to such petition, state a case for the opinion of the Supreme Court on any question of law arising at such trial.
(2) When the High Court states a case for the opinion of the Supreme Court under this section, the High Court shall not make any final order in relation to the referendum petition in connection with which such case is stated until the Supreme Court has given its decision on the question referred to it by such case, and the High Court may adjourn the trial or any part of the trial of such referendum petition until such decision is given.
(3) The costs of all parties in or about a case stated for the Supreme Court under this section shall for all purposes be part of the costs of such parties respectively in or about the referendum petition in connection with which such case is stated.