I move:—
That the following be the rules in accordance with which the election of the appeal committee provided for in Section 13 of the Seanad Electoral (Panel Members) Act, 1937, shall be regulated:—
1. The Chairman of Dáil Eireann or in his absence the Deputy Chairman of Dáil Eireann shall be the returning officer for the purpose of the election.
2. A member of Dáil Eireann being a candidate for election shall be nominated in writing and such written nomination shall be subscribed by one member of Dáil Eireann, who has signed the roll of members of Dáil Eireann, as proposer, and by another such member as seconder.
3. Each candidate shall be nominated by a separate nomination paper, and the nomination paper shall be in the form set out in Part II of the Schedule hereto, and shall contain the particulars required thereby.
4. The returning officer shall cause nomination papers to be supplied to any member applying for the same on any week day after the passing of this resolution and before 12 noon on Monday, the 17th January, 1938, which period is herein referred to as the "time for election."
5. Nomination papers shall be delivered to the returning officer or to such other person as he may appoint for the purpose by the proposer or seconder during such hours, and at such places, during the time for election, as the returning officer may fix, but not after the expiration of the time for election.
6. The returning officer may reject as invalid any nomination paper which does not comply with the requirements of this resolution or which purports to nominate a person who is not qualified to be elected.
7. Any candidate duly nominated may by notice in writing, signed by him and delivered to the returning officer, withdraw his nomination at any time before the expiration of the time for election.
8a. If not more than 15 candidates stand duly nominated at the expiration of the time for election, the returning officer shall thereupon declare such candidates to be elected to the appeal committee, and shall give notice of the result of the election by declaring to Dáil Eireann the names of the members elected.
8b. If more than 15 candidates stand duly nominated, a ballot shall be taken in accordance with these rules.
9. The voting shall be by secret ballot.
10. The voting paper shall be in the form set out in Part II of the Schedule hereto, and the names of candidates nominated shall be arranged alphabetically in the order of their surnames.
11. The voting shall take place at a sitting of Dáil Eireann during the hours and on a day (not being later than the fifth day on which Dáil Eireann shall have met after the commencement of the Seanad Electoral (Panel Members) Act, 1937) to be fixed by Dáil Eireann (which hours are hereinafter referred to as the "time for voting").
12. As soon as may be, after the commencement of such sitting the returning officer shall cause one voting paper to be handed to each member present at such sitting.
13. Any member who may inadvertently spoil a voting paper may deliver it to the returning officer and obtain another voting paper.
14. At or before the conclusion of the time for voting each member shall deliver his voting paper to the returning officer.
15. The returning officer shall cause the voting papers to be counted and the result of the election determined in accordance with the rules contained in Part I of the Schedule hereto.
16. The returning officer shall give notice of the result of the election by declaring to Dáil Eireann the names of the members elected. He shall also cause to be displayed in some convenient place a statement giving the particulars required by Rule 12, in Part I of the Schedule hereto.
17. In this resolution expressions referring to writing shall include printing, typewriting, and other modes of representing or reproducing words in visible form.
18. This resolution may be cited as the Appeal Committee Election Resolution, 1938.
SCHEDULE.
Part I.
1. The election shall be conducted in accordance with the following rules:—
Method of Voting.
2. (1) Every elector shall have one transferable vote.
(2) An elector in giving his vote—
(a) must place on his voting paper the figure 1 opposite the name of the candidate for whom he votes;
(b) may in addition place on his voting paper the figure 2 or the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of the other candidates in the order of his preference.
3. The forms contained in Part II of this Schedule, or forms to the like effect, shall be used for the purposes to which they are expressed to be applicable.
Invalid Voting Papers.
4. A voting paper shall be invalid and not counted—
(a) on which the figure 1 standing alone, indicating a First Preference for some one candidate, is not placed; or
(b) on which the figure 1 standing alone, indicating a first preference, is set opposite the name of more than one candidate; or
(c) on which the figure 1 standing alone, indicating a first preference, and some other number is set opposite the name of the same candidate; or
(d) which is unmarked, or void for uncertainty.
Arrangement and counting of Voting Papers.
5. (1) The returning officer shall reject any voting papers that are invalid. The returning officer shall then ascertain the number of first preferences recorded on the voting papers for each candidate, and shall then arrange the candidates on a list (hereinafter called "the order of preferences") in the order of the number of first preferences recorded for each candidate, beginning with the candidate for whom the greatest number of first preferences are recorded. If the number of first preferences recorded for any two or more candidates (hereinafter called "equal candidates") is equal, the returning officer shall ascertain the number of second preferences recorded on all the voting papers for each of the equal candidates, and shall arrange the equal candidates as amongst themselves on the order of preferences in the order of the second preferences recorded for each such candidate, beginning with the candidate for whom the greatest number of second preferences is recorded. If the number of first and second preferences recorded for any two or more equal candidates is equal, the returning officer shall, in like manner, ascertain the number of third preferences recorded on all the voting papers for each of such equal candidates, and arrange such candidates on the order of preferences accordingly, and so on until all the candidates are arranged in order on the order of preferences. If the number of first, second, third, and all other preferences recorded for any two or more equal candidates is equal, the returning officer shall determine by lot the order in which such candidates are to be arranged on the order of preferences.
The returning officer shall then cause the valid voting papers to be arranged in parcels, according to the first preferences recorded for each candidate.
(2) For the purpose of facilitating the processes prescribed by these rules, each valid voting paper shall be deemed to be of the value of 1,000.
(3) The returning officer shall count the number of papers in each parcel, and in accordance with sub-section
(2) of this rule credit each candidate with the value of the valid papers on which a first preference has been recorded for such candidate.
Ascertainment of Quota.
6. The returning officer shall then add together the values in all the parcels and divide the total value by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the number sufficient to secure the return of the candidate. This number is herein called the "quota."
Candidates with Quota Deemed Elected.
7. If at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate the value credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.
Transfer of Surplus.
8. (1) If at the end of any count the value credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this rule to the continuing candidate or candidates indicated on the voting papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon.
(2) (a) If the value credited to an elected candidate arises out of original votes only, the returning officer shall examine all the papers in the parcel of the selected candidate, whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon, and shall make a separate sub-parcel of the non-transferable papers.
(b) If the value credited to an elected candidate arises out of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon and shall make a separate sub-parcel of the non-transferable papers.
(c) In either of the cases referred to in paragraphs (a) and (b) in this sub-section, the returning officer shall ascertain the number of papers and their total value in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.
(3) If the surplus is equal to or greater than the total value of the papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, each paper being transferred at the value at which it was received by the candidate whose surplus is being transferred.
When the surplus is greater than the total value of the sub-parcels of transferable papers the non-transferable papers shall be set aside as not effective, at a value which is equal to the difference between the surplus and the value of the sub-parcels of transferable papers.
(4) If the surplus is less than the total value of the transferable papers the returning officer shall transfer each paper in such sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of transferable papers, fractional remainders being disregarded, except that the consequential loss of value shall be noted on the result sheet.
(5) A surplus which arises on the completion of any count shall be dealt with before a surplus which may arise at a subsequent count.
When two or more surpluses arise out of the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude.
If two or more candidates have an equal surplus arising out of the same count, the surplus of the candidate credited with the greatest value at the earliest count at which the values credited to these candidates were unequal shall be first dealt with.
Where the values credited to such candidates were equal at all counts, the returning officer shall deal first with the surplus of the candidate recorded in the order of preferences as having received the greatest number of first preferences.
9. (1) If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest value and shall transfer his papers to the continuing candidate or candidates indicated on the voting papers in the parcel or sub-parcels of the excluded candidate as the voter's next available preference, and shall credit the continuing candidate or candidates with the value of the papers transferred.
(2) (a) The parcel containing original votes shall first be transferred, the transfer value of each paper being one thousand.
(b) The sub-parcels containing transferred votes shall then be transferred in the order in which and at the value of which the excluded candidate obtained them.
(c) For the purpose of determining whether a candidate is a continuing candidate the transfer of each parcel or sub-parcel shall be regarded as a separate count.
(3) In the transfer of each parcel or sub-parcel a separate sub-parcel shall be made of the non-transferable papers which shall be set aside at the value at which the excluded candidates obtained them.
(4) (a) If, when a candidate has to be excluded under this rule, two or more candidates are each credited with the same value and are lowest, regard shall be had to the total value of original votes credited to each of those candidates, and the candidate with the smallest total value shall be excluded, and where the total values are equal, regard shall be had to the total value credited to those candidates at the earliest count at which they had unequal values, and the candidate with the smallest value at that count shall be excluded.
(b) If two or more candidates are lowest and are each credited with the same value at all counts, the returning officer shall exclude the candidate recorded on the order of preferences as having received the smallest number of first preferences.
10. Whenever any transfer is made under any of these preceding rules, each sub-parcel of papers transferred shall be placed on top of the parcel or sub-parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with the value ascertained in pursuance of these rules.
11. (1) If at the end of any count the number of selected candidates is equal to the number of vacancies to be filled, no further transfers shall be made.
(2) (a) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.
(b) When only one vacancy remains unfilled and the value credited to some one continuing candidate exceeds the total of the values credited to the other continuing candidates, together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.
(3) When the last vacancies can be filled under this rule, no further transfers shall be made.
12. The returning officer shall record the total of the values credited to each candidate at the end of every count. Such record shall include—
(i) the value of the non-transferable papers not effective, and
(ii) the loss of value owing to disregard of fractions,
and may be in accordance with the form set out in Part II of this Schedule, or in a form to the like effect.
13. In these rules—
(1) The expression "continuing candidate" means any candidate not deemed to be, elected and not excluded.
(2) The expression "first preference" means the "figure 1" standing alone; the expression "second preference" means the "figure 2" standing alone in succession to "figure 1," and the expression "third preference" means the "figure 3" standing alone in succession to the figures "1" and "2" set opposite the name of any candidate, and so on.
(3) The expression "next available preference" means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order on the voting paper for candidates already deemed to be elected or excluded being ignored.
(4) The expression "transferable paper" means a voting paper on which following a first preference a second or subsequent preference is recorded in numerical order for a continuing candidate.
(5) The expression "non-transferable paper" means a voting paper on which no second or subsequent preference is recorded for a continuing candidate:
Provided that a paper shall be deemed to have become a non-transferable paper whenever—
(a) the names of two or more candidates (whether continuing or not) are marked with the same number, and are next in order of preference; or
(b) the name of the candidate next in order of preference (whether continuing or not) is marked—
(i) by a number not following consecutively after some other number on the voting paper; or
(ii) by two or more numbers;
(c) it is void for uncertainty.
(6) The expression "original vote" in regard to any candidate means a vote derived from a voting paper on which a first preference is recorded for that candidate.
(7) The expression "transferred vote" in regard to any candidate means a vote derived from a voting paper on which a second or subsequent preference is recorded for that candidate.
(8) The expression "surplus" means the number by which the total value of the votes, original and transferred, credited to any candidate, exceeds the quota.
(9) The expression "count" means—
(a) all the operations involved in the counting of the first preferences recorded for candidates; or
(b) all the operations involved in the transfer of the surplus of an elected candidate; or
(c) all the operations involved in the transfer of the votes of an excluded candidate.
(10) The expression "deemed to be elected" means deemed to be elected for the purpose of counting, but without prejudice to the declaration of the result of the election.
(11) The expression "determined by lot" in Rule 5 means determined in accordance with the following directions—
The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidates concerned shall as amongst themselves be arranged on the order of preferences in the order in which the slips containing their names are drawn, be ginning with the candidate whose name is on the slip drawn first.
PART II.
FORM 1.
FORM OF NOMINATION PAPER.
I, the undersigned, A.B., being a member of Dáil Eireann for the...............Constituency of............. do hereby propose and nominate the following member for election to the Appeal Committee for the year.........
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Surname |
Other Names |
Constituency for which Member is Elected |
Signed A.B.
I, the undersigned X.Y., being a member of Dáil Eireann for the............Constituency of.............. do hereby second the nomination of the above name .............
Signed X.Y.
FORM II.
FORM OF VOTING PAPER.
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Mark Order of Preferences in spaces below |
Names of Candidates |
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ADAMS |
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(County Constituency of Meath), |
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Patrick Adams. |
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BURKE |
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(Borough Constituency of Dublin South), |
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Martin Burke. |
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COCHRANE |
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(Borough Constituency of Dublin Townships), |
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Eamonn Cochrane. |
INSTRUCTIONS TO VOTERS.
The Voter votes:—
(a) By placing the figure 1 opposite the name of the candidate he likes best.
He is also invited to place:—
(b) The figure 2 opposite the name of his second choice.
(c) The figure 3 opposite the name of his third choice and so on, numbering as many candidates as he pleases in order of his preference. The number of preferences is not restricted to the number of vacancies.
FORM III
FORM OF RESULT SHEET.
RESULT SHEET.
Number of valid votes............................................
Full total value of valid votes................................
Number of members to be elected.........................
Quota (value sufficient to secure the election of a candidate)
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First Count |
Second Count |
Names of Candidates elected |
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Names of Candidates |
Value of Votes |
Transfer of |
Result |
Transfer of |
Result |
Transfer of |
Result |
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Value of non-transferable papers not effective |
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Loss of value owing to disregard of fractions |
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Totals |
Signed..............................
Returning Officer.
