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Referendum Bill, 1941

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Referendum Bill, 1941 Oireachtas Library BILLE AN REIFRINN, 1941. REFERENDUM BILL, 1941. Mar do tugadh isteach. As introduced. ARRANGEMENT OF SECTIONS. PART I. Preliminary and General . Section. 1. Short title. 2 . Definitions. 3. Regulations. 4. Expenses. 5. Repeals. 6. The referendum returning officer. 7. Statement by registration officers of the number of Dail electors. PART II. The Poll at a R eferendum. 8. The polling day at a constitutional referendum. 9. Power to appoint the same polling day for a general election and a constitutional referendum. 10. The polling day at an ordinary referendum. 11 . Method of taking the poll at a referendum. 12 . Local returning officers expenses. 13. Restrictions on persons entitled to vote at the poll. 14. The ballot papers. 15. Form of ballot papers. 16. Method of marking a vote on a ballot paper. 17. Personation agents. 18. Appointment of presiding officers. 19. Keeping of order in polling stations. 20. Postal voters. 21 . Questions and oaths at the poll at a referendum. 22 . Infringement of secrecy. 23. Proceedings in case of riot at the poll. 24. Destruction, etc., of ballot boxes or ballot papers. 25. Use of schools and other buildings. 26. Use of local government ballot boxes, etc. 27. Prohibition of disclosure, etc. 28. Special provisions where a general election and a constitu­ tional referendum have the same polling day. 29. Application of the Prevention of Electoral Abuses, Act, 1923. [No. 22 of 1941.] 30. The provisional referendum certificate. 31. Punishment of officers guilty of gross negligence. 32. Issuing of instructions by the Minister. PART III. R eferendum Petitions. Section. 33. Definitions in this Part of this Act. 34. Referendum petitions. 35. The respondent to a referendum petition. 36. General provisions in respect of referendum petitions. 37. Giving of notice to interested persons. 38. The trial of a referendum petition. 39. Production of documents by the referendum returning officer. 40. Re-taking a referendum in a constituency. 41. The final order on a referendum petition. 42. Provisions in respect of referenda having the same polling day. 43. Death of or delay by a petitioner. 44. Appeal by case stated to the Supreme Court. FIRST SCHEDULE. R ules for Taking the Poll at a R eferendum. SECOND SCHEDULE. Forms of Ballot Papers . THIRD SCHEDULE. R epeals . EIRE. BILLE AN REIFRINN, 1941. REFERENDUM BILL, 1941. BILL 5 entitled AN ACT TO MAKE PROVISION FOR THE TAKING OF A REFERENDUM AND FOR THE TRIAL BY THE HIGH COURT OF QUESTIONS ARISING IN RESPECT OF THE TAKING OF A REFERENDUM AND TO 10 PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS PART I. Preliminary and General. 15 1. —This Act may be cited as the Referendum Act, 1941. Short title. 2 .—In this Act— Definitions. the expression “ the Minister ” means the Minister for Local Government and Public Health; the expression “ constitutional referendum ” means a referendum 20 on a proposal for the amendment of the Constitution, the expression “ ordinary referendum ” means a referendum on a proposal other than a proposal for the amendment of the Constitution; the word “ referendum ”, when used without qualification, includes 25 both a constitutional referendum and an ordinary referendum; the expression “ general election ” means a general election of members of Dail Eireann consequent on a dissolution of Dail Eireann; the expression “ Dail elector ” means a person entitled to vote at a 30 Dail election; the expression “ Dail election ” means an election of a member or members of Dail Eireann; the word “ prescribed ” means prescribed by regulations made by the Minister under this Act. 35 3.—The Minister may make regulations prescribing any matter or Regulations thing which is referred to in this Act as prescribed or to be prescribed. 4.—The expenses incurred by the Minister in the administra- Expenses. * Ttion of this Act shall, to such extent as may be sanctioned by the 40 Minister for Finance, be paid out of moneys provided by the Oireachtas. 3 Repeals. 5. —The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. The referendum 6. —(1 ) As soon as may be after the passing of this Act and returning officer. from time to time thereafter as occasion requires, the 5 Minister shall appoint a fit and proper person to be the referendum returning officer for the purposes of this Act. (2) It shall be the duty of the referendum returning officer to conduct the referendum for which he is appointed, to ascertain and declare the result of the voting thereon in accordance with 10 this Act, and to do such other things in respect of such referendum as he is required by this Act to do. (3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for his 15 services and expenses in respect of every referendum conducted by him. Statement by 7. —(1) As soon as may be after the passing of this Act, every registration registration officer shall send to the referendum returning officer officers of the number of Dail a statement in the prescribed form of the number of Dail electors 20 electors. registered in the register of electors then in force in each con­ stituency or portion of a constituency in the registration area of such registration officer. (2) Whenever after the passing of this Act a register of electors comes into force, every registration officer shall forth- 25 with send to the referendum returning officer a statement in the prescribed form of the number of Dail electors registered in the register of electors in each constituency or part of a constituency in the registration area of such registration officer. (3) Whenever the number of Dail electors which is the subject 30 of a statement sent by a registration officer to the referendum returning officer in pursuance of this section becomes altered by the decision of appeals, correction of errors, or any other cause, such registration officer shall forthwith communicate to the referendum returning officer the fact of such alteration and the 35 particulars thereof. PART II. The Poll at a R eferendum. The polling 8.—(I) Whenever a bill containing a proposal for the amendment day at a of the Constitution shall have been passed or be deemed to have 40 constitutional been passed by both Houses of the Oireachtas and the Government referendum. determines that such proposal shall be submitted by referendum to the decision of the people, 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 ^5 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 that a constitutional 50 referendum shall be taken, the Government shall cause notice of such determination to be published in the Iris OifigiuU, and thereupon such publication shall be conclusive evidence of such determination. (4) Every order made by the Minister under this section shall be 55 published in the Iris Oifigiutl as soon as may be after it is made. 4 ®*— (1) Whenever the Government has determined that a con­ Power to appoint stitutional referendum shall be taken and Dail Eireann is the same polling dissolved before the Minister has made under the next preceding day for a general election and a section an order appointing the polling day at such referendum, constitutional 5 the Minister, if he so thinks fit, may (notwithstanding anything referendum. 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 Dail Eireann to be the polling day at such referendum. 10 (2 ) Whenever the Government has determined that a constitu­ tional referendum shall be taken and Dail 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 such referendum and before the polling day appointed 15 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 Dail Eireann for the day named in the original order as the polling day at such referendum. 20 10.—(1) Whenever— The polling day at an (a) the President informs the Taoiseach in accordance with ordinary Article 27 of the Constitution that he has decided that referendum a bill to which that Article applies contains a proposal of such national importance that the will of the people 25 thereon ought to be ascertained, and (ft) 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 30 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 35 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 Oifigiuil, and thereupon such publication shall be conclusive evidence of such 40 determination.
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