Home > 1.3.2 Freedom of voters to express their wishes > IRELAND - Presidential Elections Act
 
 
 
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Article 48
 

(1) A ballot paper

(a) which does not bear the official mark,

(b) on which the figure 1 standing alone, or the word "one" or any other mark which, in the opinion of the local returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate,

(c) on which the figure 1 standing alone indicating a first preference, or the word "one" or any other mark which, in the opinion of the local returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate, or

(d) on which anything is written or marked which, in the opinion of the local returning officer, is calculated to identify the elector,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of its bearing the words "one", "two", "three" (and so on) or any other mark which, in the opinion of the local returning officer, clearly indicates a preference or preferences.

(2) The local returning officer shall endorse the word "rejected" on any ballot paper which under this section is not counted. The local returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected under each of the paragraphs (a) to (d) of subsection (1) and shall, on request, allow any candidate or agent of a candidate present to copy such statement.

(3) The local returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it in relation to its validity without, however, interfering with any mark placed by the elector on the ballot paper.

(4) The decision of the local returning officer, whether expressed or implied by his acts, on any question which arises in relation to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the election.