6/10/2020 Sinnott -v- The Minister for The Environment [2017] IEHC 214 (30 March 2017) (ii) European parliamentary elections in England and Wales - proportional representation with a closed list; (iii) European parliamentary elections in Northern Ireland with a single transferable vote; (iv) Local government elections in Northern Ireland with a single transferable vote which involves the ranking of candidates in order of preference among other electoral systems for which TVDs supplied by Pakflatt are used. TVDs 26. There are two distinct types of TVD:(i) the hinged tab; (ii) the square and circular aperture. The hinged tab TVD is suitable where the voter makes a single choice or multiple choices of equal value. Therefore, in a multiple vacancy election where there are ten candidates but only three seats available, this requires a voter to mark opposite three choices. 27. The square and circular aperture TVD is suitable in a supplementary vote where one has a first and second choice. It is indeed difficult to convey in writing how the TVDs work but suffice to say that there are four features of TVDs which assist voters who are totally blind or partially sighted to identify the correct marking positions:(i) embossed numerals; (ii) the Braille equivalent of the numerals; (iii) a black number on a white background which allows for a contrast to be identified by those partially sighted; (iv) raised finger tabs. 28. In England, Wales and Northern Ireland hinged tabs are used for all elections while the aperture TVD can be used also in England and Wales. 29. Mr. McGonagle identified that the single transferable vote as used throughout the island of Ireland is particularly challenging for blind voters when there are more than four or five candidates. In a first past the post system, the voter only has to remember one candidate and their position on the ballot paper. Even with multiple vacancies where the choices are of equal value, the voter only needs to remember the candidates of choice and where they are located on the ballot paper. In a Single transferable vote (“STV”) situation, the voter needs to remember or identify the candidates and all of their positions on the ballot paper. Proposals 30. Mr. McGonagle modestly answered questions about the success of Pakflatt by indicating that it had a distributor in Illinois in the United States where its products like its “Benjamin Franklin Voting Booth” are now used in 700 counties across 40 states. This accounts for some 50% of its total revenues. This exporting success for Northern Ireland was recognised by the conferral of an MBE in 2012 on Mr. McGonagle. I mention these facts to underscore the impression given that nothing is impossible to achieve when there are inspired, motivated and experienced members of various disciplines engaged to solve a problem. 31. The Court was told that Pakflatt had a project in hand which will facilitate and improve the use of TVDs in STV elections. Phase One of the project used a simulated procedure involving ten candidates on a ballot paper. The polling clerk sat on one side of a partition which allowed the voter to hear the order of candidates whenever the voter wanted to enter or check preferences without disclosing the voter’s choice when completing the ballot paper before putting it in the ballot box. Phase Two involves the www.bailii.org/ie/cases/IEHC/2017/H214.html 5/15