My point is to show that it is not possible to relate the ballot paper duly marked and returned on the electoral roll except before a court and by means of the mark on the counterfoil before which court it is declared—
No person who has voted at a Seanad election shall in any legal proceedings to question the election or return of any candidate at such election be required to state for whom he has voted.
An electoral roll is prepared of the electors and the electors on that are numbered serially by the returning officer. He has a set of counterfoils of the ballot papers numbered consecutively, beginning with any number which he decides on. In the presence of witnesses the electoral roll is taken. Let us say that number one on the electoral roll is being dealt with, then number one is marked on the counterfoil. The ballot paper is detached. It is already stamped with the number of the counterfoil. A declaration of identity form is taken out. That is marked in pencil by the returning officer with the counterfoil number, the same number as is on the ballot paper. A small envelope for enclosing the ballot paper to be returned is also taken out, and marked with the number of the ballot paper. Another envelope is taken out for the voter to return his papers in. The whole lot is put into an envelope addressed to the person who is being dealt with and put aside for posting in the way arranged for here. Immediately that the ballot papers are issued, the counterfoil bundle is made up and sealed. An electoral roll is also made up and sealed and cannot be produced except before a court. The papers come back. The ballot paper is folded in the envelope sent out to bring back the ballot papers. The identity form is enclosed separately with that other closed envelope in the outer envelope sent for the return of these things.
On being opened the number of the identity form is checked with the number on the envelope, and the envelope is laid aside unopened. The identity forms are then bundled up and sealed before any of these are opened. It has been established by the identity form that the envelopes have come back from the people duly authorised to send them back, and to whom they have been sent. The envelopes are then opened, and the number on the outside of the envelope is compared with the number on the ballot paper, and in that way the identity forms are related to the ballot paper, but only in that indirect way. That is all done before witnesses representing the candidates. or witnesses who are the candidates in this particular case. If Deputies say that the secrecy of the ballot paper can be violated in any way there is no use in explaining the matter any more or attempting to argue the question.