asked the Minister for Local Government what action may be taken against a presiding officer at a polling booth in a local election who refused to swear particular voters at the request of a duly appointed personation agent.
Ceisteanna—Questions. Oral Answers. - Action against Presiding Officer.
30.
Mr. Ryan
It is open to any person aggrieved by the conduct of a presiding officer at a local election to report the facts to the returning officer.
The statutory penalties for refusal or failure by an election official to perform his duties are set out in rule 63 of the Fourth Schedule to the Local Elections Order, 1942, which provides that where any returning officer, clerk or other person having duties in connection with the conduct of an election refuses, neglects or fails without reasonable cause to perform his duties an aggrieved person shall be entitled to recover by action at law from such person such sum, not exceeding £100, by way of damages as the Court considers just. There is also provision, in addition, for the forfeiture, by an election official, to the State of a penal sum not exceeding £100, in the case of a prosecution by the Minister in a Court of Summary Jurisdiction, for "any wilful or grossly negligent misfeasance or any wilful or grossly negligent act or omission."
Mr. Ryan
If a case of wilful neglect by a presiding officer is brought to the notice of the Minister will the Minister institute the necessary proceedings?
As I have pointed out, the complaint ordinarily should be brought to the notice of the returning officer.
Mr. Ryan
If the returning officer brings it to the notice of the Minister will the Minister institute the necessary proceedings?
Only in its ordinary course, which would be subsequent to any proceedings that might be taken by the returning officer or aggrieved person.
Mr. Ryan
Would the Minister kindly elucidate what an aggrieved person is?
Apparently, the Deputy would be a good example.
Mr. Ryan
No. The Deputy has no personal grievance in this. The Minister ought to be a little bit more helpful.
I have been helpful. If the Deputy reads the full answer he can quite clearly see what is a person who is aggrieved, how his grievance would have arisen.
Would it not be the duty of the Civic Guard on duty to report such an irregularity?
He might not know about it.
He might be shifted immediately.