European Parliament Elections Act, 1997

European Parliament Elections Act, 1997 Disclaimer Feedback Helpdesk Gaeilge Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 European Parliament Elections Act, 1997 European Parliament Elections Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 2 of 1997 EUROPEAN PARLIAMENT ELECTIONS ACT, 1997 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Regulations. 4. Expenses. 5. Repeals. PART II Elections 6. Registration of European electors. 7. Method of election. 8. Right to vote. 9. Manner of voting. 10. Polling day and commencement of count. 11. Eligibility for election to and membership of the Parliament. 12. Nomination of candidates and replacement candidates. 13. Deposit by candidates. 14. Conduct of elections. 15. Constituencies. 16. Returning officers. 17. Local returning officers. 18. Expenses of returning officers and local returning officers. 19. Casual vacancies. 20. Inspection of ballot papers and other documents. 21. Questioning of European elections. 22. Prohibition of disclosure of vote. 23. Amendment of Postal and Telecommunications Services Act, 1983. 24. Amendment of section 28 of Local Government Act, 1991. 25. Amendment of Electoral Act, 1992. FIRST SCHEDULE PART I Enactments Repealed PART II Regulations Revoked SECOND SCHEDULE Rules for the conduct of the election, etc. THIRD SCHEDULE Constituencies FOURTH SCHEDULE Form of ballot paper Acts Referred to Electoral Act, 1963 No. 19 of 1963 Electoral Act, 1992 No. 23 of 1992 Electoral (Amendment) Act, 1986 No. 12 of 1986 Electoral (Amendment) (No. 2) Act, 1986 No. 35 of 1986 European Assembly Elections Act, 1977 No. 30 of 1977 European Assembly Elections Acts, 1977 to 1992 European Assembly Elections Act, 1984 No. 6 of 1984 European Communities Act, 1972 No. 27 of 1972 European Communities Acts, 1972 to 1995 European Parliament Elections Act, 1993 No. 30 of 1993 European Parliament Elections Acts, 1992 to 1997 Holiday (Employees) Act, 1973 No. 25 of 1973 Local Government Act, 1991 No. 11 of 1991 Petty Sessions (Ireland) Act, 1851 14 & 15 Vict. c.93 Postal and Telecommunications Services Act, 1983 No. 24 of 1983 Presidential Elections Act, 1993 No. 28 of 1993 Referendum Act, 1994 No. 12 of 1994 Succession Act, 1965 No. 27 of 1965 Number 2 of 1997 EUROPEAN PARLIAMENT ELECTIONS ACT, 1997 AN ACT TO CONSOLIDATE WITH AMENDMENTS THE ENACTMENTS RELATING TO ELECTIONS TO THE EUROPEAN PARLIAMENT AND TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 93/109/EC OF 6 DECEMBER, 1993 AND TO PROVIDE FOR RELATED MATTERS. [24th February, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title collective citation, construction and commencement. 1.—(1) This Act may be cited as the European Parliament Elections Act, 1997. (2) Parts II, III, IV and XXIII of and the Second Schedule to the Act of 1992, so far as they relate to European elections and European electors, and this Act may be cited together as the European Parliament Elections Acts, 1992 to 1997, and shall be construed together as one Act. (3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. (4) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made. Interpretation. 2.—(1) In this Act— “the Act of 1992” means the Electoral Act, 1992 ; “competent administrative authority” in relation to a Member State means the competent administrative authority designated by that Member State for the purposes of Articles 7, 10 and 13 of the Directive; “county” means an administrative county; “Dáil” means Dáil Éireann; “the Directive” means the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993); “election” means an election of representatives to the European Parliament; “the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1995; “European election” has the meaning assigned to it by section 7 ; “European elector” means a person who is entitled to vote at a European election; “excluded day” has the meaning given to it by rule 150 of the Second Schedule ; “home Member State” in relation to any person means the Member State of which the person is a national; “local returning officer” means a person who pursuant to section 17 (1) is a local returning officer for the purpose of this Act and includes a deputy or acting local returning officer pursuant to that section; “Member State” means a Member State of the European Communities; “the Minister” means the Minister for the Environment; “non-party candidate” means a candidate who is not the candidate of a registered political party; “the Parliament” means the Parliament of the European Communities; “petition” means a petition presented to the High Court under this Act; “the polling day”, except where the context otherwise requires, has the meaning assigned to it by section 10 (1); “the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 so far as it relates to European electors; “registered political party” means a party which pursuant to section 25 of the Act of 1992 is for the time being registered in the Register of Political Parties as a party organised to contest a European election; “replacement candidate” means a replacement candidate for the purposes of this Act; “replacement candidates list” has the meaning assigned to it by rule 17 of the Second Schedule ; “returning officer” means a person who is appointed by the Minister under section 16 (1) to be a returning officer for the purposes of this Act; “Seanad” means Seanad Éireann; “the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 so far as it relates to European electors; “the treaties” means the treaties governing the European Communities (within the meaning of section 1 (as amended, whether before or after the passing of this Act) of the European Communities Act, 1972 ); (2) In this Act— (a) a reference to a section, Schedule or part of a Schedule is to a section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended; (b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended; (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. Regulations. 3.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed. (2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Expenses. 4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. (2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by rule 22 of the Second Schedule or are otherwise so incurred in relation to a European election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof. Repeals. 5.—The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule. PART II Elections Registration of European electors. 6.—(1) Subject to subsection (3), a person referred to in section 9 of the Act of 1992, who is a national of a Member State other than the State or the United Kingdom, shall not be entitled to be registered as a European elector in a constituency unless such person— (a) applies to be so registered by completing an application paper in the form directed by the Minister, and (b) furnishes to the registration authority a statutory declaration stating— (i) the nationality of the person, (ii) the address in the State at which the person is ordinarily resident, (iii) where applicable, the locality or constituency in the person's home Member State on the electoral roll of which the person's name was last entered, and (iv) the intention of such person to exercise the right to vote at a European election in the State only. (2) Where a registration authority receives a statutory declaration referred to in subsection (1) it shall, as soon as may be, forward a copy of the declaration to the Minister who shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration relates. (3) Subsection (1) shall not apply in relation to any person who was registered as a European elector in a constituency in a register of electors which came into force in the year 1994 including any supplement thereto published under section 15 of the Act of 1992. (4) Where a citizen of Ireland applies to be entered on the electoral roll in the Member State, other than the State or the United Kingdom, in which the citizen resides, the Minister shall, on the request of the competent administrative authority of the Member State concerned, furnish to the said authority such relevant information available to the Minister as would indicate whether the citizen has the right to vote at an election in the State. Method of election. 7.—(1) Elections of representatives to the Parliament shall be held and each such election (in this Act referred to as “a European election”) shall be conducted in accordance with this Act, and in case a European election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote. (2) Voting at a European election shall be by secret ballot. (3) In this section “transferable vote” means a vote which is— (a) capable of being given so as to indicate the voter's preference for the candidates in order, and (b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is excluded from the list of candidates. Right to vote. 8.—Subject to rule 72 of the Second Schedule , every person whose name is on the register of European electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a European election in that constituency. Manner of voting. 9.—(1) Subject to subsections (2) and (3), a person who is entitled to vote at a European election shall be entitled to vote in person only and at the polling station allotted to him or her, or, in case the person is authorised under rule 60 or 61 of the Second Schedule by a local returning officer, at the polling station specified in the authorisation. (2) Every European elector whose name is, at the time of a European election, in the postal voters list for a county or county borough or any part thereof situate in a constituency shall be entitled to vote in that constituency at the poll at such election by sending the ballot paper by post to the local returning officer for that county or county borough and shall not be entitled to vote in any other manner. (3) Every European elector whose name is, at the time of a European election, in the special voters list for a county or county borough or any part thereof situate in a constituency shall be entitled to vote in that constituency at the poll at such election in accordance with rule 45 of the Second Schedule and shall not be entitled to vote in any other manner. Polling day and commencement of count. 10.—(1) The poll at a European election shall— (a) be taken on such day as shall be appointed by the Minister by order (which order shall be made not less than thirty-five days before the day thereby appointed), and (b) shall continue for such period, not being less than twelve hours, between the hours of 8 a.m. and 10.30 p.m. as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies, and the day so appointed is in this Act referred to as “the polling day”. (2) The counting of the votes at a European election shall begin on the day and at the time appointed by the Minister by order. (3) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made. Eligibility for election to and membership of the Parliament. 11.—(1) Subject to the following subsections of this section, every person who has reached the age of 21 years and is either— (a) a citizen of Ireland, or (b) a national of a Member State other than the State and ordinarily resident in the State, shall be eligible for election under this Act to be a representative in the Parliament and for nomination under this Act as a replacement candidate. (2) A person shall not be eligible under subsection (1) if the person— (a) is subject to any of the disqualifications applicable to membership of the Dáil referred to in paragraphs (f) to (k) of section 41 of the Act of 1992, or (b) holds office as a Judge or as the Comptroller and Auditor General, or (c) being a citizen of Ireland, is a candidate at the relevant election in a Member State other than the State, or (d) being a national of a Member State other than the State or the United Kingdom, stands deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the relevant election under the law of the person's home Member State. (3) Where a citizen of Ireland proposes to stand as a candidate at an election in the Member State, other than the State and the United Kingdom, in which the citizen resides, the Minister (who shall be the competent administrative authority for the purposes of Articles 7, 10 and 13 of the Directive) shall, on the request of the citizen and if appropriate, furnish to the citizen an attestation certifying that the citizen has the right to stand as a candidate at the election in the State or that no disqualification for so standing is known to the Minister. (4) A person who is elected under this Act to be a representative in the Parliament or who pursuant to section 19 is to be regarded as having been so elected, and who when so elected, or when he or she commences to be so regarded, holds office as— (a) the Attorney General, or (b) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or (c) a Minister of State, shall on such election, or, in case the person is to be so regarded, on the day on which he or she commences to be so regarded, cease to hold that office. (5) If while a person is a representative in the Parliament that person— (a) becomes subject to any of the disqualifications referred to in paragraph (a) of subsection (2), or (b) becomes the holder of an office referred to in paragraph (b) of subsection (2) or subsection (4), the person shall thereupon cease to be a representative in the Parliament. Nomination of candidates and replacement candidates. 12.—(1) At a European election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as a European elector in the constituency for which the person proposes to nominate the candidate) as proposer. (2) At a European election— (a) a registered political party, and (b) a person who in relation to the election is a non-party candidate, may, subject to and in accordance with rules 17, 18 and 19 of the Second Schedule , nominate one or more persons, with the consent of the person or persons concerned, to be as regards the election replacement candidates. (3) Subject to rule 17(b) of the Second Schedule , a person who is a candidate at a European election shall be eligible for nomination as a replacement candidate. (4) At a European election a person may not be nominated as a candidate or as a replacement candidate in respect of more than one constituency. Deposit by candidates. 13.—A candidate at a European election, or someone on the candidate's behalf, shall, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of one thousand pounds and if the said sum is not so deposited the candidature shall be deemed to have been withdrawn. Conduct of elections. 14.—The rules contained in the Second Schedule , other than Parts XIII and XV thereof, shall have effect in relation to a European elections. Constituencies. 15.—(1) The constituencies for which candidates shall be elected under this Act to be representatives in the Parliament shall be those specified in the Third Schedule and the number of representatives to be so elected for such a constituency shall be the number specified in respect thereof in the third column of that Schedule. (2) The Minister shall, having considered any report presented on statutory authority to each House of the Oireachtas recommending any alteration in the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament, and not later than the first day of December, 2003 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the said constituencies. (3) An area specified in the Third Schedule shall be taken to be that area as constituted on the 1st day of January, 1996. Returning officers. 16.—(1) There shall for the purposes of this Act be a returning officer in respect of each constituency specified in the Third Schedule and the returning officer for a constituency shall be such one of the persons, who by virtue of section 17 is the local returning officer for a county or county borough wholly or partly situate in the constituency, as the Minister may from time to time appoint. (2) It shall be the general duty of the returning officer to do all such acts and things, other than acts or things which are by this Act required to be done by a local returning officer, as may be necessary for effectually conducting a European election in that officer's constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Clerk of the Dáil a return of the persons elected for the constituency. (3) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of the duties of returning officer, the Minister shall appoint a person, who by virtue of section 17 is the local returning officer for a county or county borough wholly or partly situate in the constituency, to act as returning officer during the period of the prevention and a reference in this Act to a returning officer shall, where appropriate, include a reference to an acting returning officer. (4) An appointment of a person as returning officer under section 14 (1) of the European Assembly Elections Act, 1977 which was in operation immediately before the commencement of this section shall be deemed to be an appointment under subsection (1). Local returning officers. 17.—(1) There shall for the purposes of this Act be a local returning officer for every county or county borough wholly or partly situate in a constituency and the local returning officer shall be— (a) in the case of the counties of Cork, Dun Laoghaire-Rathdown, Fingal and South Dublin and the county boroughs of Cork and Dublin, the sheriff, and (b) in every other case, the county registrar. (2) Subject to subsection (3)(a), it shall be the duty of a local returning officer— (a) to take the poll at a European election in the part of the constituency for which he or she is the local returning officer, (b) to do such acts and things as he or she is otherwise by this Act required to do, and (c) to render such assistance to the returning officer for the said constituency as that returning officer may require, and if any doubt arises as to the duties of a local returning officer, the doubt shall be determined by the Minister. (3) (a) Where a local returning officer is appointed under section 16 to be the returning officer for a constituency, it shall be lawful for the said officer to appoint a deputy local returning officer for the discharge of all or any particular part of his or her duties as local returning officer. (b) Where at an election the same person is local returning officer for two or more counties or for a county and a county borough, the person may appoint in respect of each county or county borough (except one) a deputy local returning officer to open the ballot boxes and verify the ballot paper accounts. (4) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a local returning officer or a local returning officer is prevented by illness or other reasonable cause from performing all or any of his or her duties, the Minister shall, where appropriate, appoint a person to act as local returning officer during the period of the vacancy or prevention. (5) A reference in this Act to the local returning officer shall, where appropriate, be construed as including a reference to a deputy or acting local returning officer. Expenses of returning officers and local returning officers. 18.—(1) The Minister for Finance shall, in respect of such services and expenses where it is practicable to do so, prepare a scale of maximum charges for returning officers and local returning officers and recoup to (or, where appropriate, pay on behalf of) every such officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every European election in respect of which he or she is the returning officer or local returning officer, not exceeding the maximum charges specified in the scale prepared under this subsection and applying for the time being. (2) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every returning officer and local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every European election in respect of which he or she is the returning officer or local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a returning officer or local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection “legal proceedings” shall not include the trial of petitions presented in accordance with the provisions of section 21 of this Act. (3) For the purpose of the payment of charges under this section, the returning officer or local returning officer, as the case may be, shall submit an account (or, where necessary, accounts) to the Minister for Finance and the said Minister may issue to returning officers and local returning officers directions as to the time when and the manner and form in which the accounts shall be submitted. (4) The Minister for Finance may, if he or she thinks fit, before payment of a returning officer's or local returning officer's charges under this section apply to a judge of the Circuit Court having jurisdiction in the constituency concerned for the taxation of an account submitted by the returning officer or local returning officer (which shall be in the form directed by the Minister for Finance) and the judge shall tax such account and determine the amount payable thereunder. (5) The taxation under this section of the account of a returning officer or local returning officer shall, if the judge so directs on the application of such officer, include determination of the amount of any claim made by any person against such officer in respect of any matter charged for in such account. (6) On the request of a returning officer or local returning officer for an advance on account of the officer's charges the Minister for Finance may, if he or she thinks fit, and on such terms as the said Minister thinks fit, make such an advance. Casual vacancies. 19.—(1) Where a casual vacancy occurs amongst the persons who by virtue of this Act are representatives in the Parliament, the vacancy shall be filled in accordance with Part XIII of the Second Schedule . (2) In this section “a casual vacancy” means— (a) a vacancy occasioned by a person who, though elected or regarded as having been elected to the Parliament pursuant to this Act, is, by virtue of any provision laid down under the treaties, not entitled to assume the office of representative in the Parliament, or (b) a vacancy occasioned by a person having ceased to be a representative in the Parliament otherwise than by the effluxion of time or in consequence of the making of an order under section 21 by the High Court or in the circumstances referred to in rule 23(2) of the Second Schedule . Inspection of ballot papers and other documents. 20.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court. (2) The documents referred to in subsection (1) are: (a) the counterfoils of the ballot papers sent to postal voters under rule 32 of the Second Schedule , (b) the documents mentioned in paragraphs (2) and (3) of rule 39 of the said Schedule, (c) the counterfoils of the ballot papers delivered to special voters under rule 45 of the said Schedule, (d) the documents mentioned in subparagraphs (a) and (b) of rule 93(1) of the said Schedule, and (e) the documents mentioned in subparagraphs (a) and (c) of rule 93(3) of the said Schedule. (3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition. (4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court may think expedient, and shall make provision to ensure that the manner in which any voter voted shall not be disclosed. (5) Where an order pursuant to this section is made for the production by the Clerk of the Dáil of any document in that officer's possession relating to a European election, the production of that document accompanied by the certificate of the Clerk that the document relates to the specified election shall be prima facie evidence of the fact so certified and it shall not be necessary to prove the signature of the Clerk or the official position of the person signing the certificate. Unless the court so orders, it shall not be necessary for the Clerk to attend in person to attest to any matter relating to the document or certificate. (6) Any endorsement appearing on any packet produced pursuant to subsection (5) shall be, until the contrary is shown, sufficient evidence that the contents of the packet are as stated in the endorsement. (7) All documents sent by a local returning officer or a returning officer in pursuance of this Act to the Clerk of the Dáil, other than documents referred to in subsection (2), shall be open to public inspection at such time and under such conditions as may be specified by the Clerk. The Clerk shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance. Questioning of European elections. 21.—(1) A European election may, and may only, be questioned by a petition to the High Court. (2) (a) Subject to paragraph (b), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present the petition not later than 7 days after the declaration by the returning officer of the result of the election, by order grants leave to the person to do so. (b) Where a person applying for leave to present a petition to the High Court alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the European election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the application to the High Court may be made within the seven days next after the day on which the said payment or consideration is alleged to have been made or to have passed. (c) An application for leave to present a petition may be made by any person who is registered or entitled to be registered as a European elector in the constituency. (3) The High Court shall not grant leave under subsection (2) unless it is satisfied— (a) that there is prima facie evidence of a matter referred to in subsection (8) in relation to which the petition questions the election concerned, and (b) that the said matter is such that it is likely to have affected the result of the election. (4) A petition shall be presented by being lodged in the Central Office of the High Court not later than 3 days after the grant of leave by the High Court under subsection (2). (5) (a) Subject to paragraph (b) and rule 131(2) of the Second Schedule , a petition shall not be accepted for lodgement with the court unless the petitioner lodges with the petition security in the sum of £5,000 for costs which may become payable by the petitioner. (b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) or that to require a petitioner to lodge the said amount would cause the petitioner serious hardship, the court may require the petitioner to lodge such lesser amount as the court considers appropriate. (6) Where a petition has been lodged with the court as soon as may be the petitioner shall give a copy of the petition— (a) to any person to whose election the petition relates, (b) to the Minister, (c) to the Clerk of the Dáil, (d) to the returning officer for the constituency to which the petition relates, and (e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions. (7) The provisions of Part XV of the Second Schedule shall have effect as regards a petition. (8) (a) A European election may be questioned on the grounds that the result of the election was likely to have been affected by: (i) want of eligibility under section 11 ; (ii) the commission of an offence referred to in Part XIV of the Second Schedule ; (iii) obstruction of or interference with or other hindrance to the conduct of the election; (iv) mistake or other irregularity; (v) failure by the returning officer or any local returning officer to complete or otherwise to conduct the election in accordance with law. (b) No European election shall be declared invalid by reason of non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake was not likely to have affected the result of the election. (c) Notwithstanding any other provision of this Act, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance. (9) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and, subject to the foregoing, the decision of the High Court shall be final and not appealable. (10) At the trial of a petition the court shall determine the matter at issue in the petition and, if it does not dismiss the petition, shall where appropriate include in its order determining the matter at issue either— (a) a declaration of the correct result of the election concerned, or (b) if it considers that it is unable to determine the correct result of the election, a declaration that the election or a specified part thereof was void together with a statement of its reasons for making the declaration. (11) Where the court declares that the whole or any part of a European election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Parliament and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court's order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if a European election otherwise is due to be held in the State within the period of six months next following the said date. Prohibition of disclosure of vote. 22.—A person who has voted at a European election shall not in any legal proceedings be required to state how or for whom he or she voted. Amendment of Postal and Telecommunications Services Act, 1983. 23.—The Postal and Telecommunications Services Act, 1983 is hereby amended by— (a) the substitution in paragraph (h) of subsection (3) of section 63, as inserted by paragraph (a) of section 173 of the Electoral Act, 1992 , for “European Assembly Elections Acts, 1977 to 1992” where that expression occurs of “European Parliament Elections Acts, 1992 to 1997”; and (b) the substitution of the following paragraph for paragraph (d) of subsection (1) of section 74, as substituted by paragraph (c) of section 173 of the Electoral Act, 1992 : “(d) Rule 22 of the Second Schedule to the European Parliament Elections Act, 1997.”. Amendment of section 28 of Local Government Act, 1991 . 24.—The Local Government Act, 1991 is hereby amended by the substitution in paragraph (e)(ii) of subsection (4) of section 28 for “section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 ,” of “ section 19 of the European Parliament Elections Act, 1997,”. Amendment of Electoral Act, 1992. 25.—The Electoral Act, 1992 is hereby amended by— (a) the substitution in subsection (1) of section 17 for “or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986 ” of “, at a presidential election in accordance with the said Part XIV (as applied to a presidential election by section 41 of the Presidential Elections Act, 1993 ), at a referendum in accordance with the said Part XIV (as applied to a referendum by section 29 of the Referendum Act, 1994 ), at a European election in accordance with Part V of the Second Schedule to the European Parliament Elections Act, 1997 or at a local election in accordance with Part VIII of the Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 )”, (b) the substitution in paragraph (d)(ii) of subsection (3) of section 164 for “the European Assembly Elections Acts, 1977 to 1992” of “the European Parliament Elections Acts, 1992 to 1997”, (c) the substitution in subsection (1)(c) of section 165 for “the European Assembly Elections Acts, 1977 to 1992” of “the European Parliament Elections Acts, 1992 to 1997”, and (d) the substitution in subsection (5) of section 165 for “Rule 18 of the First Schedule to the European Assembly Elections Act, 1977 ” of “Rule 22 of the Second Schedule to the European Parliament Elections Act, 1997”. FIRST SCHEDULE PART I Enactments Repealed Section 5 . Number and Year Short Title Extent of Repeal No. 19 of 1963 Electoral Act, 1963. The whole Act. No. 30 of 1977 European Assembly Elections Act, 1977. The whole Act. No. 6 of 1984 European Assembly Elections Act, 1984. The whole Act. No. 12 of 1986 Electoral (Amendment) Act, 1986. The whole Act. No. 35 of 1986 Electoral (Amendment) (No. 2) Act, 1986. The whole Act. No. 23 of 1992 Electoral Act, 1992. Sections 1(3), 23, 26, 170(1)(c) and (2), 171, 172 and 174. No. 30 of 1993 European Parliament Elections Act, 1993. The whole Act. PART II Regulations Revoked Number and Year Title Extent of Revocation S.I. No. 162 of 1978 European Assembly Elections (Forms) Regulations, 1978. The whole of the regulations. S.I. No. 120 of 1984 European Assembly Elections (Forms) Regulations, 1984. The whole of the regulations. S.I. No. 5 of 1987 Electoral Regulations, 1987. The whole of the regulations. S.I. No. 14 of 1994 European Parliament Elections (Voting and Candidature) Regulations, 1994. The whole of the regulations. S.I. No. 75 of 1994 European Parliament Elections (Forms) Regulations, 1994. The whole of the regulations. SECOND SCHEDULE Rules for the conduct of the election, etc. Section 14 . ARRANGEMENT OF RULES PART I Nominations Rule 1. Order under section 10 . 2. Notice of election. 3. Register of Political Parties. 4. Necessity for nomination. 5. Nomination of candidates. 6. Declaration and attestation in the case of certain candidates. 7. Declaration by Irish citizen standing as candidate in another Member State. 8. Deposit by candidates. 9. Return or disposal of deposit. 10. Times for receiving nominations. 11. Delivery of nomination papers. 12. Selection of nomination papers. 13. Ruling on validity of nomination papers. 14. Publication of nominations. 15. Withdrawal of candidature. 16. Publication of withdrawal. 17. Nomination of replacement candidates. 18. Replacement candidates list. 19. Delivery and withdrawal of replacement candidates list, etc. 20. Provision of forms by returning officer. 21. Obstruction of nominations. 22. Candidates entitled to free postage. 23. Procedure after nominations. PART II Agents of Candidates 24. Appointment of agents. 25. General provisions as to agents. 26. Officers not to act as agents of candidates, further candidatures, etc. PART III Death of a Candidate 27. Death of a candidate. PART IV Postal Voting 28. Voting by post. 29. Voting by electors referred to in section 12 of Act of 1992. 30. Form of ballot paper and receipt. 31. Presence of agents. 32. Issue of postal ballot papers. 33. Provision of postal voters ballot boxes. 34. Envelopes to be placed in postal voters ballot boxes. 35. Envelopes to be treated as covering envelopes. 36. Opening of postal voters ballot boxes. 37. Rejected receipts. 38. Ballot papers to be placed in ballot boxes. 39. Duties of local returning officer in relation to documents relating to postal voters. 40. Definition of agent. PART V Voting by Special Voters 41. Interpretation (Part V). 42. Voting by special voters. 43. Special presiding officers. 44. Ballot paper etc. for special voters. 45. Method of voting by special voters. 46. Duties of special presiding officer in relation to covering envelopes and other documents. 47. Duties of local returning officer in relation to documents relating to special voters. PART VI Polling on Islands 48. Polling on islands. PART VII Arrangements for the Poll 49. Notice of the poll. 50. Ballot papers. 51. The official mark. 52. Ballot boxes. 53. Use of Dáil and local elections ballot boxes etc. 54. Polling information cards. 55. Use of schools and public premises. 56. Polling stations. 57. Presiding officers and poll clerks. PART VIII The Poll 58. Opening of the poll. 59. Admission to polling station. 60. Voting by persons in the employment of local returning officer. 61. Authorisation of physically ill or physically disabled elector to vote at another polling station. 62. Procedure for voting. 63. Spoilt ballot papers. 64. Voting by incapacitated persons. 65. Alleged personation. 66. Arrest of person committing certain offences. 67. Maintenance of order in polling station. 68. Obstruction of the poll. 69. Damage to polling stations. 70. Destruction etc. of ballot boxes or ballot papers. 71. Duties of presiding officer at close of poll. 72. Right to vote. PART IX Verification of Ballot Paper Accounts 73. Time and place for verification of ballot paper accounts. 74. Attendance at verification of ballot paper accounts. 75. Verification of ballot paper accounts. 76. Handling of ballot papers by candidates or agents. PART X Arrangements for the Counting of the Votes 77. Place for the counting of the votes. 78. Attendance at the counting of the votes. 79. Preliminary proceedings. 80. Time for the counting of the votes. 81. Conduct of the counting of the votes. PART XI Rules for the Counting of the Votes 82. Interpretation (Part XI). 83. First count. 84. The quota. 85. Transfer of surplus. 86. Exclusion of candidate. 87. Transfer of votes. 88. Filling of last vacancies. 89. Recount. 90. Declaration of result of the poll. 91. Decision of returning officer. PART XII Result of Election, Disposal of Documents etc. 92. Return of persons elected. 93. Retention and disposal of documents. 94. Return by Clerk of Dáil. 95. Absence, incapacity or vacancy in office of Clerk of Dáil. PART XIII Casual Vacancies 96. Filling of vacancy from replacement candidates list. 97. Dáil to select person in certain cases. 98. Notification to Parliament of person regarded as having been elected. 99. Term of office of person regarded as having been elected. 100. Certain person not to be regarded as having been elected. 101. Absence, incapacity or vacancy in office of Clerk of Dáil. PART XIV Electoral Offences 102. Prohibition on voting more than once etc. 103. Personation. 104. Bribery. 105. Undue influence. 106. Breach of secrecy. 107. Offences relating to ballot boxes, election documents, official marks etc. 108. Disorderly conduct at election meeting. 109. Omission of name and address of printer and publisher from European election documents. 110. Nominating or withdrawing a candidate without consent. 111. Forged certificate of political affiliation. 112. False declaration on nomination paper. 113. False declaration on replacement candidates list. 114. Forged attestation. 115. Officer acting as agent of candidate or furthering a candidature. 116. Obstruction of nomination or poll. 117. Interference with or destruction of postal ballot papers. 118. Obstruction of or interference with electors. 119. Personation agent leaving polling station without permission. 120. Unlawful marking of ballot papers by persons acting as companions. 121. False statement of withdrawal or death of a candidate. 122. Misleading statement as to process of voting. 123. Handling of ballot papers by candidates or agents. 124. Unauthorised inspection of documents. 125. Corrupt withdrawal of petition. 126. Limitation of time for prosecution of offence. 127. Penalties. 128. Compensation where certain charge is unjustly made or not prosecuted. 129. Certificate of returning officer prima facie evidence. PART XV European Election Petitions 130. Questioning a European election. 131. Security for costs. 132. Particulars in petition. 133. Trial of petition. 134. Counting of votes afresh. 135. Withdrawal of petition. 136. Substitution of new petitioner following withdrawal. 137. Substituted petitioners. 138. Abatement of petition. 139. Matters relating to final order on trial of petition. 140. Effect of certain declarations by court. 141. No action to be taken in certain circumstances to fill vacancy in Parliament. 142. Witnesses. 143. Costs of petition. 144. Further provisions regarding costs. 145. Statement of case to Supreme Court. 146. Service of documents. PART XVI General 147. Secrecy. 148. Publication of notices. 149. Polling districts and polling places. 150. Interpretation (Second Schedule). SECOND SCHEDULE Rules for the conduct of the election, etc. Sections 14 , 19 and 21 . PART I Nominations Order under section 10 . 1. As soon as may be after making an order under section 10 the Minister shall send a copy of the order to each returning officer and to the Registrar of Political Parties. Notice of election. 2. The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the “notice of election”) stating— (a) the times for receiving nominations, (b) the amount of the deposit, (c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained, (d) the times and place at which the returning officer will attend to receive nominations, and (e) the day and the period fixed for the holding of the poll if the election is contested. Register of Political Parties. 3. On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties. Necessity for nomination. 4. A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person’s nomination paper has been ruled as valid by the returning officer. Nomination of candidates. 5. (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include— (a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament, (b) a form of statement indicating whether the candidate is— (i) a citizen of Ireland or a British citizen, or (ii) a national of a Member State, other than the State or the United Kingdom, and (c) a form of declaration, to be signed by the candidate or the candidate’s proposer, that he or she has read the note referred to in paragraph (a) and believes that— (i) the information furnished in the nomination paper is correct in all material respects, and (ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State. (2) Each nomination paper shall state the names (the surname being stated first) and the address and the occupation (if any) of the candidate. (3) A candidate may include in the nomination paper the name of the registered political party of which he or she is a candidate or the name of such political party together with the name of any political group noted on the Register of Political Parties in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Schedule referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(4)(c) of the Act of 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices and where a candidate includes in the nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices. (4) Where a candidate is not the candidate of a registered political party, the candidate shall be entitled to enter after his or her name on the nomination paper the expression “Non-Party” and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices. (5) A person to whom paragraph (4) applies may include in the nomination paper the name of any political group formed in accordance with the rules of procedure of the Parliament of which he or she is a member, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Schedule referred to as a “certificate of European political affiliation”) is also produced to the returning officer, being a certificate signed by a member of the Secretariat of the relevant political group that the person in question is a member of the political group formed in accordance with the rules of procedure of the Parliament and named in the certificate. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group, in addition, where appropriate, to the expression “Non-Party”, to be specified in relation to the candidate on all the ballot papers and on notices. (6) Every reference in this rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to rule 3. Declaration and attestation in the case of certain candidates. 6. (1) Where a person named as a candidate on a nomination paper is a national of a Member State, other than the State or the United Kingdom, there shall be delivered to the returning officer at the time of delivery of the nomination paper— (a) a statutory declaration in the prescribed form made by the candidate stating— (i) the Member State of which the person is a national, (ii) the address in the State at which the person is ordinarily resident, (iii) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered, and (iv) that the person is not a candidate at the election in any other Member State, and (b) an attestation from the competent administrative authority of the person’s home Member State certifying that the person has not been deprived, through an individual criminal law or civil law decision, of the right to stand as a candidate at the election in that Member State or that no such disqualification is known to the competent administrative authority concerned. (2) In the case of each valid nomination paper referred to in paragraph (1) which is not subsequently withdrawn or deemed to be withdrawn, the returning officer shall, as soon as may be after the latest time for the withdrawal of nominations, forward to the Minister a copy of the declaration and attestation delivered in connection with each such nomination paper and the Minister shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration and attestation relate. Declaration by Irish citizen standing as candidate in another Member State. 7. (1) The Minister shall, as soon as practicable after receipt, forward to each returning officer a copy of every statutory declaration received from the competent administrative authority of another Member State made by a citizen of Ireland who is a candidate at the election in that Member State. (2) Each returning officer shall, during the period ending on the seventh day next after the results of the election have been declared, keep available for public inspection during the usual office hours at the office of the returning officer the copy of every statutory declaration which has been transmitted to the returning officer by the Minister in accordance with paragraph (1). Deposit by candidates. 8. The deposit to be made by or on behalf of a candidate pursuant to section 13 may be made by means of legal tender or, with the consent of the returning officer, in any other manner. Return or disposal of deposit. 9. (1) The deposit made by or on behalf of a candidate shall be returned where the candidate— (a) withdraws his or her candidature in accordance with rule 15, (b) dies before the poll is closed, (c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate, (d) is elected, or (e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes exceeds one quarter of the quota. (2) Any deposit which is not returned under the foregoing paragraph shall be forfeited. (3) Where a deposit is to be returned under paragraph (1) it shall be returned to the person by whom it was made; provided that a deposit made by a person who dies before the deposit is returned shall be returned to the personal representative of that person. (4) A deposit forfeited under this rule shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance. (5) In this rule “personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 . Times for receiving nominations. 10. The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest date for the publication of the notice of election and the latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) after the said latest date. Delivery of nomination papers. 11. (1) Every nomination paper shall be delivered to the returning officer within the times specified in rule 10, by the candidate or the proposer of the candidate. (2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person. (3) The returning officer shall attend to receive nominations at the place specified in that behalf in the notice of election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on the said latest date. Selection of nomination papers. 12. The returning officer shall number the nomination papers in the order in which they are received; and the first valid nomination paper nominating a candidate for election shall be deemed to be the nomination of that candidate. Ruling on validity of nomination papers. 13. (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery and subject to subparagraph (b), may rule that it is invalid if, but only if, he or she considers that it is not properly made out or signed. (b) The returning officer shall rule invalid any nomination paper relating to a person referred to in rule 6(1) which is not accompanied by both the statutory declaration and the attestation referred to in that rule or where it appears to the returning officer that the said declaration or attestation does not conform with the said rule 6. (2) The candidate nominated by each nomination paper and the candidate’s proposer, if any, and one other person designated by the candidate or proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer. (3) The returning officer shall object to the name of a candidate in a nomination paper if such name— (a) is not a name by which the candidate is commonly known; or (b) is misleading and likely to cause confusion; or (c) is unduly long; or (d) contains a political reference; and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not amended to the returning officer’s satisfaction, the returning officer may amend it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out. (4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to paragraph (3) or (4) of rule 5. Where a returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out. (5) Having ruled on the validity of a nomination paper, the returning officer shall put a note of the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision o …