Doors to perception: part 3
4 May 2007 10:47 am(Part 1 is here, part 2 is here)
TO see how information taken from canvassing can make an appearance on polling day, let's take the following scenario:
Mary Soap wasn't at home in number 53, Somewhere Estate, when she was canvassed by Fine Failour. She's on the register of electors this time around, but wasn't in the 2004 local elections.
At 8pm on election night, Mary hasn't got time to go home for her polling card, but she has her drivers license with her. She goes straight to the polling station. Standing at the table she gives her name and address to the presiding officer. He/she asks Mary for for ID. He checks it, then calls out her name and register number.
The agent from Fine Failour sees a question mark written in beside Mary's name in his copy of the register from the party's canvass.
Now the serious stuff starts. The Fine Failour agent is jumpy. The houses where Mary lives have never been too friendly toward Fine Failour and there seems to be a late surge against the party coming from there since tea-time. He decides to challenge.
The presiding officer has to follow legal procedure on this and asks Mary three questions laid down by law; if she is the person whose name appears on the register; has she already voted in this election; has she reached the age of eighteen.
If she answers yes, no, yes, the presiding officer then makes another attempt to give her the ballot paper.
The swearing lady
The Fine Failour agent is still not happy. The presiding officer must
then ask for an oath to be sworn. The 'I swear by Almighty God' one. An affirmation can be given as an alternative to the oath.
Once that's done, it's put up or shut up time for the agent. The only step which can be taken now is to accuse Mary of impersonation and her arrest becomes imminent.
She is not allowed to vote and the polling station has closed by the time the garda are finished their enquiries.
If Mary is charged with impersonation, the case goes to court. If the Fine Failour agent fails to support the charge in court, or Mary is acquitted, the court may order the agent to compensate her. What's a vote worth? "A sum not exceeding IR£500", reads the legislation.
Not a lot really. Years ago the figure was even lower and during the second 1982 election, I witnessed voters being challenged. It was in a constituency with a high number of flats. Few were prevented from voting but the big parties wanted to get the word out that the were on high alert for large scale personation.
Not enough voters know about what exactly these people sitting at the election table are up to. Many presume that ANYONE sitting at the table is an official. They're not.
The inside of a polling station isn't a neutral zone. Candidates and parties have eyes and ears in there, watching everything that happens.
You have no legal obligation whatsoever to engage with a candidate's agent. They must relate to you through the presiding officer. If an agent addresses you directly, you can choose to ignore the remarks.
I've seen some of them ask questions of voters such as how long have they been living in their home. And who else lives there. They have no right to question you, however touchy feely it might all seem. The only questions you have to answer will come from the presiding officer.
Don't get lippy though, remember, by law these agents can stop you from voting if they accuse you of impersonation.
Seems a very high price to pay for someone's suspicions. I'm not comfortable with the possibility of having my vote taken away by people who have very little to lose if they're wrong.
I'll lose something much more valuable.
May 5th, 2007 at 11:57 am
Nice set of posts Fergus, I’m not sure we see as much questioning by impersonation agents as we should but its a necessary part of the process. Many a time in the past that the whole local nursing home voted, even the ones that had been dead for the last couple of years.
The law starts and ends with the presiding officer and thankfully most tend to be fair and even handed in these matters.