1 England and Ireland entitled to charge any sum CHAP. III. not exceeding one guinea. But if a contest takes place, the Returning Officer must, in addition to nomination papers, provide polling stations, ballot boxes, ballot papers, stamping instruments, copies of register of voters, materials to mark the ballot papers with," and forms of directions for the guidance of the voter in voting. These required things may be considered seriatim. 3 papers. Although the Returning Officer is required to Nomination provide forms of nomination papers to any registered elector, requiring the same, the use of them is not obligatory so long as the candidate is nominated in the form prescribed in the Act.* The form is as follows:- We the undersigned, A. B., of and C. D. of the in the of being electors for of do hereby nominate the following person as a proper person to serve as member for the said Parliament. in Rank, Occupation. 52, George Street, Merchant. (Signed) A. B. C. D. We, the undersigned, being registered electors of the 138 & 39 Vict. c. 84. Schedule I. App. post. This Act does not apply to Scotland. See s. 11. 2 Ballot Act, rule 20, App. cv. 3 Sch. 2 of the Ballot Act directs that these forms are to be printed in conspicuous characters and placarded outside every polling station, and in every compartment of every station. * Id. rule 7, App. ciii. In a note to sch. 2 of the Ballot Act it is stated that the forms contained "in the schedule or forms as nearly resembling the same as circumstances will admit shall be used in all cases to which they refer and are applicable, and when so used shall be sufficient in law." also s. 13, App. lxxxiv. 5 Id. sch. 2, App. cxvii. See 6 In a note to sch. 2 of the Ballot Act it is stated that "where a candidate is an Irish peer or is commonly known by CHAP. III. Polling stations. do hereby assent to the nomination of the abovementioned John Brown as a proper person to serve as member for the said in Parliament. It is not specified in the Ballot Act that any particular number of polling stations is to be provided, but at every polling place there must be a sufficient number for the accommodation of the electors entitled to vote at such polling place.1 The polling stations are to be distributed among those electors in such manner as the Returning Officer thinks most convenient,' and must be furnished with such number of compartments, in which the voters can mark their votes screened from observation, as the Sheriff thinks necessary, so that at least one compartment be provided for every 150 electors entitled to vote at such polling station. If there is more than one polling station at a polling place, it is not necessary that these several polling stations should be in separate rooms or booths, but several polling stations may be constructed in the same room or booth. Neither is it necessary in all cases to erect booths for taking the poll in, for now, "in all contested elections for counties or boroughs, unless some building or place belonging to the county or borough is provided for the purpose, the Returning Officer must, whenever it is practicable to do so, hire a building or room instead of erecting a booth 3 some title he may be described by his title as if it were his surname. As to the description of candidates in the nomination papers and as to objections to the validity of nomination papers, see post, pp. 66-68. 1 Ballot Act, rule 15, App. civ. See also a similar enactment as to England in 2 Will. IV. c. 45, s. 64, App. xix. 2 If the arrangements of the polling stations are such that the secrecy of the ballot may be, but is not in fact, violated, the election will not in consequence be held void. Per Keogh, J., Drogheda, 2 O. & H. 203, the Court of Common Pleas, for whom the point was reserved, being equally divided as to it. 3 Ballot Act, rule 16, App. cv. 4 Id. rule 17, App. cv. for the purpose of taking the poll."1 Also where CHAP. III. a parliamentary and a municipal borough occupy the whole or any part of the same area, any fittings for polling stations and compartments provided for such municipal borough may be used in a parliamentary election free of charge,2 and it shall be the duty of the returning officer, so far as practicable, to make use of such fittings and compartments, and also of any which may have been provided for school board elections, and upon taxation of his accounts the Court is specially enjoined to have regard to this enactment.3 Also, if there is any school at the polling place receiving a grant out of the moneys provided by Parliament, or any room the expense of maintaining which is payable out of any local rate, the Returning Officer may use a room in such school, or such room, free of charge, for the purpose of taking the poll in, but he must make good any damage done to such room, and defray any expense incurred by the persons having control over the same. Such expense, however, must not exceed the charge for constructing and fitting a polling station, ie., seven guineas. If the Returning Officer hire a room in an unoccupied house for the purpose of taking the poll in, such hiring of the room shall not render any person liable to pay rates for such house." places. The regulations for settling the number of poll- Polling ing places in counties are different for each part of the United Kingdom. 1 As to England, 30 & 31 Vict. c. 102, s. 37, App. lxx.; as to Scotland, 31 & 32 Vict. c. 48, s. 26, App. lxxiii.; as to Ireland, 31 & 32 Vict. c. 49, s. 10, App. lxxix. It may be observed that the latter part of s. 37 of 30 & 31 Vict. c. 102, is repealed by the Ballot Act, so that it appears that in England (but not in Scotland or Ireland) any rate-supported room may by virtue of this section be used to take the poll in whether those who have control over it consent or not. 2 Ballot Act, s. 14, App. lxxxix. 3 38 & 39 Vict. c. 84, s. 6, App. post. CHAP. III. In English counties. Not to be in inn unless by consent of candidates. Limit of expense of. In English counties the number of polling places is settled by the justices of the peace having jurisdiction in such counties, or in the larger part thereof. They are directed to divide each county into polling districts, and assign a polling place to each district in such manner that so far as is reasonably practicable every elector resident in the county shall have a polling place within four miles of his residence, but they need not constitute a district containing less than one hundred registered electors. This power the justices are authorised to exercise from time to time, and as often as they think fit, but whenever the justices make any alterations in the polling districts they are to inform the Home Secretary of the nature of the alteration, and he is to lay it before both Houses of Parliament.' No poll may, in English or Scotch elections, be held at any inn, hotel, tavern, public-house, or other premises licensed for the sale of beer, wine, or spirits, or in any place directly communicating therewith, unless by consent of all the candidates expressed in writing.3 The Sheriff is limited as to the expense which, apart from any special contract with the candidates, he may incur in erecting polling stations. In England the maximum charge for constructing a polling station with its fittings and compartments is seven guineas, and no greater outlay than £40 is to be incurred for the total number of booths erected or buildings procured or hired in any one principal place of election or polling place. In 5 1 Ballot Act, s. 5, App. lxxxvii.; this section only applies to England, see Ballot Act, ss. 16 (4), 17 (2), and 30 & 31 Vict. c. 102, s. 34, App. lxviii. 231 & 32 Vict. c. 58, s. 18, App. lxxx. 3 As to England, 16 & 17 Vict. c. 68, s. 6, App. li. ; as to Scotland, 16 Vict. c. 28, s. 4, App. xlviii. There is no such statutory restriction as to Ireland. 38 & 39 Vict. c. 84, Schedule I. App. post. 2 Will. IV. c. 45, s. 71, App. xxi. Scotland the amount is limited to £30,1 and in CHAP. III. Ireland the returning officer shall use a court-house where one is available, and his maximum charge for using and fitting the same shall not exceed three guineas. If no court-house is available, then he may charge £5 for every polling station.3 No special directions are given as to the con- Ballot struction of the ballot boxes, except that they are boxes. to be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom without the box being unlocked. It is specially enacted as to England and Ireland that the charge for each ballot box which is purchased is not to exceed one guinea, and for each hired one five shillings; also if a Parliamentary and municipal borough occupy the whole or any part of the same area, any ballot boxes provided for such municipal borough may be used in any Parliamentary election in such borough free of charge, and it shall be the duty of the returning officer, so far as is practicable, to make use of such ballot boxes, and also of any which may have been provided for School Board elections, and upon taxation of his accounts the Court is enjoined to have regard to this enactment." 5 The ballot papers will consist of papers with a counterfoil attached," and may conveniently be bound up in books like cheque books. Upon the front of the paper there will be a list of the candidates described, as in their respective nomination papers, and arranged alphabetically in the order of their surnames, and (if there be two or more candi 1 2 & 3 Will. IV. c. 65, s. 40, App. xxvii. 2 38 & 39 Vict. c. 84, Schedule 1, App. post. 3 13 & 14 Vict. c. 68, s. 19, App. xlii. Ballot Act, s. 17 (4), App. xcii. 4 Ballot Act, rule 23, App. cv. 5 Ballot Act, s. 14, App. lxxxix. 6 38 & 39 Vict. c. 84, s. 6, App. post. 7 Ballot Act, sch. 2, Form of ballot paper, App. cxix. 8 Id. rule 22, App. cv. Ballot papers. |