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12 1923

ELECTORAL ACT, 1923

PART V.

Referendum.

Persons entitled to vote.

47. —Every person whose name appears on the register of electors for the time being in force as a person entitled to vote at a Dáil election shall be entitled to vote at a Referendum, but no person shall be entitled to vote twice at the same Referendum.

Conduct of a Referendum.

48. —(1) Saorstát Eireann shall for the purpose of the taking of a Referendum be deemed to be divided into the same constituencies (including University constituencies) as those into which it is for the time being divided for the purpose of Dáil elections, and each voter at a Referendum shall record his vote in the constituency in which he would be entitled to vote at a Dáil election.

(2) Subject to the express provisions of this Part of this Act and of the Rules contained in Part I. of the Seventh Schedule to this Act, every Referendum shall be conducted in each constituency by the same persons and in the same manner as a poll in that constituency would be conducted under this Act at a Dáil election, and accordingly Part III of this Act so far as the same relates to the taking of a poll at such Dáil election as aforesaid and is not inconsistent with the express provisions aforesaid shall, together with the Rules and forms contained in the Seventh Schedule to this Act, apply to a Referendum.

(3) When the Clerk of the Dáil shall have received from the several returning officers the results of the voting in all the constituencies he shall tabulate such results and ascertain therefrom the result of the voting on that Referendum, and shall communicate such result to the Oireachtas in such manner as shall from time to time be directed by the Dáil and shall publish same in the Iris Oifigiúil.

Day for taking a Referendum.

49. —(1) The taking of each Referendum shall be held on one day only, which day shall be the same throughout Saorstát Eireann.

(2) The Minister for Local Government shall within six weeks after a Referendum has been demanded under Article 47 of the Constitution of Saorstát Eireann appoint by proclamation the day on which such Referendum is to be taken, and the day so appointed shall be not less than seven nor more than twenty-one days after the date of such proclamation, provided that the Minister may, with the assent of both Houses of the Oireachtas, postpone the date of such Referendum for a period not exceeding nine months.

(3) For the purposes of this section a Referendum shall be deemed to be demanded on the day on which the resolution demanding same is passed by the Seanad or the day on which the petition demanding the Referendum is presented to the Oireachtas as the case may be.