Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 261: To ask the Minister for the Environment, Heritage and Local Government the regulations and guidelines issued by his Department to returning officers regarding the lay out of ballot papers for general elections; if the names of candidates are required to be printed in alphabetical order from top to bottom on a ballot paper or if they can be printed in two columns on a ballot paper; if similar regulations apply for elections to Seanad Éireann; the basis for these regulations and guidelines; and if he will make a statement on the matter. [2831/08]

John Gormley (Dublin South East, Green Party)
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Section 88(1) of the Electoral Act 1992 states that the ballot paper at a Dáil election shall be in the form set out in the Fourth Schedule to the Act, subject to any modifications provided for in regulations made under section 88(2)(cc) of that Act. Regulations made under this provision (S.I. No. 156 of 2007) provide for the modification of the ballot paper set out in the Fourth Schedule to allow for the inclusion of candidate photographs and political party emblems.

Section 88(2)(a) of the 1992 Act provides that the names of the candidates as stated in their nomination papers should be arranged alphabetically on the ballot paper in the order of the surnames or, if there are 2 or more candidates with the same surname, of their other names.

Section 88(2)(c) of the Act provides that on ballot papers the list of candidates must be arranged either in one continuous column or in 2 or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates' names and descriptions appear must be the same for each of the candidates.

Section 47(1)(b) of the Seanad Electoral (Panel Members) Act 1947 provides that a ballot paper must contain the names, addresses and descriptions of all the candidates named in the panel to which it relates arranged in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and either in one continuous column or in 2 or more columns as the Seanad returning officer, with the consent of the Minister, considers to be most convenient. Regulations (S.I. No. 91 of 1954, as amended by S.I. No. 68 of 2002) made under section 47(2) of the Seanad Electoral (Panel Members) Act 1947 set out the form of the ballot paper to be used at these elections.

Section 20(1) of the Seanad Electoral (University Members) Act 1937 provides that the ballot paper must contain a list of the candidates described by their names, addresses and descriptions as stated in their nomination papers and arranged alphabetically in the order of their surnames and, in the case of the identity of surnames, of their other names. Regulations (S.R. and O. No. 18 of 1938, as amended by S.I. No. 67 of 2002) made under section 20(2) of the Seanad Electoral (University Members) Act 1937 set out the form of the ballot paper to be used at these elections.

Sections 21, 56 and 57 of the Electoral (Amendment) Act 2001 provide for the inclusion of photographs of candidates and political party emblems on ballot papers at Dáil elections and for the inclusion of photographs of candidates on ballot papers at Seanad elections.