asked the Minister for Local Government if, with a view to resolving public doubts as to the secrecy of the ballot, he will make a statement on the procedure followed under the Electoral Act, 1923, in regard to the marking of the elector's number on the register on the ballot paper counterfoil; and whether, in the interests of preserving the secrecy of the ballot, he intends to introduce amending legislation in this respect.
Ceisteanna—Questions. Oral Answers. - Secrecy of Ballot.
The Electoral Act, 1923, requires that the electors number in the register be written on the counterfoil of the ballot paper by the presiding officer. The secrecy of the ballot is not affected, as the marked counterfoils are placed in envelopes which are sealed at the close of the poll by the presiding officer and by such of the agents present as wish to affix their seals. After the conclusion of the count the ballot papers are made up in sealed parcels and are transmitted by the returning officer with the sealed envelopes containing the marked counterfoils to the Clerk of the Dáil who is required to retain them for one year and then to have them destroyed unless otherwise directed by an order of the Dáil or the High Court.
The marked counterfoils and the ballot papers can be inspected only by order of the Dáil or of a Court trying an Election Petition. The Electoral Acts provide that in carrying out such an inspection care shall be taken not to discover the manner in which any particular elector voted, unless his vote has been declared by a competent Court to be invalid. No such inspection has been ordered since the establishment of the State but, nevertheless, it is not considered that the means of identifying invalid votes should be abolished. I am satisfied that there is no danger of a breach of the secrecy of the ballot under the present procedure and accordingly I do not consider it necessary in the interests of preserving the secrecy of the ballot to have the law amended.