asked the Minister for Local Government whether he is aware that in past general and local elections persons attending to cast their votes have suffered delay and detailed investigation because other persons had earlier and illegally voted in their names; whether such personation effectively deprives of the vote persons entitled to vote ; and whether the most stringent precautions will be taken to prevent personation at the forthcoming local elections.
Ceisteanna—Questions. Oral Answers. - Prevention of Personation at Elections.
8.
The law provides that if a person representing himself to be a particular elector applies for a ballot paper after another person has voted as such elector, he shall be entitled to mark a ballot paper in the same manner as any other elector, if he answers satisfactorily the questions and takes the oath or affirmation provided by statute. The ballot paper, which is known as a tendered ballot paper, is kept separate from the other ballot papers and is counted only in the event of an election petition.
Penalties are provided for persons convicted of personation. Offenders may be arrested by members of the Garda Síochána either at their own discretion or on the direction of the returning officer or presiding officer. These officers are assisted by personation agents who may be appointed by candidates at each polling station to assist in the detection of personation. Election officials generally are aware of the necessity to take the utmost precautions to prevent personation.
Particulars of the numbers of tendered votes at local elections are not compiled, but the numbers of such votes in the case of recent general elections have been insignificant. I have, however, long recognised that the present position is open to the criticism that such votes are generally ineffective and the matter is one of a number which I intend to bring to the notice of the Joint Committee on Electoral Law.
Would the Minister say if a member of the Garda Síochána, whether on duty or not in the room is responsible for preventing personation if he knows, of his own personal knowledge, that a voter voting under a particular name is not the person he claims to be?
That does not seem to arise relevantly.
I would ask the Minister, if he states that the officials connected with the polling are required to take every precaution to prevent illegal voting, are members of the Garda Síochána on duty included in that class?
Yes; I have so indicated in the reply.
If a member of the Garda Síochána on duty realises that a person is voting under a wrong name, is he entitled, or required, as part of his duty to intervene and take the necessary steps in that case?
At his own discretion, or on direction from the returning officer or the presiding officer, as the case may be.
When the Minister says that the official is required to take action at his own discretion what does the term "at his own discretion" imply?
That is in relation to the Garda Síochána and not to the officials. If he knows that a person is impersonating some elector, the Garda may, at his own discretion, take action or he may be directed by the returning officer or the presiding officer to do so.
Does the Minister assert that a Garda is not compelled to take any action when he is aware that a person is applying for a vote at a polling station under a false name?
The position is stated quite clearly in the reply.
Will the Minister not agree that he has asserted that there is no obligation on a member of the Garda to take action when he knows that a person is voting under a false name? Surely that is a ridiculous state of affairs.
I did not state that.
That is just what was stated.
Read the reply.