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,
- The whole Act. No. 30 of 1977 European Assembly Elections Act,
- The whole Act. No. 6 of 1984 European Assembly Elections Act,
- The whole Act. No. 12 of 1986 Electoral (Amendment) Act,
- The whole Act. No. 35 of 1986 Electoral (Amendment) (No. 2) Act,
- The whole Act. No. 23 of 1992 Electoral Act,
- Sections 1
(3), 23, 26, 170
(1)(c) and
(2), 171, 172 and
- No. 30 of 1993 European Parliament Elections Act,
- 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,
- The whole of the regulations. S.I. No. 120 of 1984 European Assembly Elections (Forms) Regulations,
- The whole of the regulations. S.I. No. 5 of 1987 Electoral Regulations,
- The whole of the regulations. S.I. No. 14 of 1994 European Parliament Elections (Voting and Candidature) Regulations,
- The whole of the regulations. S.I. No. 75 of 1994 European Parliament Elections (Forms) Regulations,
- The whole of the regulations. SECOND SCHEDULE Rules for the conduct of the election, etc. Section 14 . ARRANGEMENT OF RULES PART I Nominations Rule
- Order under section 10 .
- Notice of election.
- Register of Political Parties.
- Necessity for nomination.
- Nomination of candidates.
- Declaration and attestation in the case of certain candidates.
- Declaration by Irish citizen standing as candidate in another Member State.
- Deposit by candidates.
- Return or disposal of deposit.
- Times for receiving nominations.
- Delivery of nomination papers.
- Selection of nomination papers.
- Ruling on validity of nomination papers.
- Publication of nominations.
- Withdrawal of candidature.
- Publication of withdrawal.
- Nomination of replacement candidates.
- Replacement candidates list.
- Delivery and withdrawal of replacement candidates list, etc.
- Provision of forms by returning officer.
- Obstruction of nominations.
- Candidates entitled to free postage.
- Procedure after nominations. PART II Agents of Candidates
- Appointment of agents.
- General provisions as to agents.
- Officers not to act as agents of candidates, further candidatures, etc. PART III Death of a Candidate
- Death of a candidate. PART IV Postal Voting
- Voting by post.
- Voting by electors referred to in section 12 of Act of
- Form of ballot paper and receipt.
- Presence of agents.
- Issue of postal ballot papers.
- Provision of postal voters ballot boxes.
- Envelopes to be placed in postal voters ballot boxes.
- Envelopes to be treated as covering envelopes.
- Opening of postal voters ballot boxes.
- Rejected receipts.
- Ballot papers to be placed in ballot boxes.
- Duties of local returning officer in relation to documents relating to postal voters.
- Definition of agent. PART V Voting by Special Voters
- Interpretation (Part V).
- Voting by special voters.
- Special presiding officers.
- Ballot paper etc. for special voters.
- Method of voting by special voters.
- Duties of special presiding officer in relation to covering envelopes and other documents.
- Duties of local returning officer in relation to documents relating to special voters. PART VI Polling on Islands
- Polling on islands. PART VII Arrangements for the Poll
- Notice of the poll.
- Ballot papers.
- The official mark.
- Ballot boxes.
- Use of Dáil and local elections ballot boxes etc.
- Polling information cards.
- Use of schools and public premises.
- Polling stations.
- Presiding officers and poll clerks. PART VIII The Poll
- Opening of the poll.
- Admission to polling station.
- Voting by persons in the employment of local returning officer.
- Authorisation of physically ill or physically disabled elector to vote at another polling station.
- Procedure for voting.
- Spoilt ballot papers.
- Voting by incapacitated persons.
- Alleged personation.
- Arrest of person committing certain offences.
- Maintenance of order in polling station.
- Obstruction of the poll.
- Damage to polling stations.
- Destruction etc. of ballot boxes or ballot papers.
- Duties of presiding officer at close of poll.
- Right to vote. PART IX Verification of Ballot Paper Accounts
- Time and place for verification of ballot paper accounts.
- Attendance at verification of ballot paper accounts.
- Verification of ballot paper accounts.
- Handling of ballot papers by candidates or agents. PART X Arrangements for the Counting of the Votes
- Place for the counting of the votes.
- Attendance at the counting of the votes.
- Preliminary proceedings.
- Time for the counting of the votes.
- Conduct of the counting of the votes. PART XI Rules for the Counting of the Votes
- Interpretation (Part XI).
- First count.
- The quota.
- Transfer of surplus.
- Exclusion of candidate.
- Transfer of votes.
- Filling of last vacancies.
- Recount.
- Declaration of result of the poll.
- Decision of returning officer. PART XII Result of Election, Disposal of Documents etc.
- Return of persons elected.
- Retention and disposal of documents.
- Return by Clerk of Dáil.
- Absence, incapacity or vacancy in office of Clerk of Dáil. PART XIII Casual Vacancies
- Filling of vacancy from replacement candidates list.
- Dáil to select person in certain cases.
- Notification to Parliament of person regarded as having been elected.
- Term of office of person regarded as having been elected.
- Certain person not to be regarded as having been elected.
- Absence, incapacity or vacancy in office of Clerk of Dáil. PART XIV Electoral Offences
- Prohibition on voting more than once etc.
- Personation.
- Bribery.
- Undue influence.
- Breach of secrecy.
- Offences relating to ballot boxes, election documents, official marks etc.
- Disorderly conduct at election meeting.
- Omission of name and address of printer and publisher from European election documents.
- Nominating or withdrawing a candidate without consent.
- Forged certificate of political affiliation.
- False declaration on nomination paper.
- False declaration on replacement candidates list.
- Forged attestation.
- Officer acting as agent of candidate or furthering a candidature.
- Obstruction of nomination or poll.
- Interference with or destruction of postal ballot papers.
- Obstruction of or interference with electors.
- Personation agent leaving polling station without permission.
- Unlawful marking of ballot papers by persons acting as companions.
- False statement of withdrawal or death of a candidate.
- Misleading statement as to process of voting.
- Handling of ballot papers by candidates or agents.
- Unauthorised inspection of documents.
- Corrupt withdrawal of petition.
- Limitation of time for prosecution of offence.
- Penalties.
- Compensation where certain charge is unjustly made or not prosecuted.
- Certificate of returning officer prima facie evidence. PART XV European Election Petitions
- Questioning a European election.
- Security for costs.
- Particulars in petition.
- Trial of petition.
- Counting of votes afresh.
- Withdrawal of petition.
- Substitution of new petitioner following withdrawal.
- Substituted petitioners.
- Abatement of petition.
- Matters relating to final order on trial of petition.
- Effect of certain declarations by court.
- No action to be taken in certain circumstances to fill vacancy in Parliament.
- Witnesses.
- Costs of petition.
- Further provisions regarding costs.
- Statement of case to Supreme Court.
- Service of documents. PART XVI General
- Secrecy.
- Publication of notices.
- Polling districts and polling places.
- 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 .
- 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.
- 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.
- 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.
- 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 of the returning officer under this rule shall be final subject only to reversal on a petition questioning the election.
(6)As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.
(7)Every person in respect of whom a nomination paper has, under this rule, been determined to be valid and whose candidature is not withdrawn in accordance with rule 15 or is not deemed under section 13 or rule 27
(1)to have been withdrawn shall stand validly nominated as a candidate. Publication of nominations. 14. The returning officer shall, as soon as practicable after ruling that a nomination paper is valid, cause a notice to be displayed outside the place at which the officer is receiving nominations stating the name and description of the person nominated in the paper and the name and address of the person’s proposer, if any. Withdrawal of candidature. 15.
(1)A candidate may withdraw his or her candidature by a notice of withdrawal signed by the candidate and delivered in person by the candidate or by the candidate’s proposer to the returning officer not later than the hour of 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations.
(2)Where the returning officer is satisfied that a candidate wishes to withdraw his or her candidature and that the candidate and proposer are unable to attend, the withdrawal may be effected by delivering to the returning officer, not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice. Publication of withdrawal. 16. The returning officer shall, immediately on the delivery of a notice of withdrawal under rule 15, give public notice of the withdrawal (and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person). Nomination of replacement candidates. 17. The following provisions shall apply in relation to the nomination of replacement candidates at a European election— (
- a)the number of replacement candidates to be so nominated shall not— (
- i)in the case of replacement candidates so nominated by a registered political party, exceed by more than four the number of candidates of that party standing validly nominated at the latest time for withdrawal of candidature under rule 15, and (
- ii)in the case of replacement candidates so nominated by a non-party candidate, exceed three, (
- b)a person shall not be nominated as a replacement candidate unless that person is eligible under this Act for election to the Parliament, (
- c)the replacement candidates so nominated as regards a particular constituency shall be nominated by each of their names being entered on a list (in this Act referred to as the “replacement candidates list”) and in nominating replacement candidates as regards a particular constituency, the registered political party or, as may be appropriate, the non-party candidate concerned, shall, subject to rule 19
(4)(a), use a single such list. Replacement candidates list. 18.
(1)A replacement candidates list shall be in the prescribed form and may, if the Minister so thinks proper, 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 a person nominated by entry thereon as a replacement 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 appropriate person that he or she has read the note referred to in paragraph (
- a)and believes that— (
- i)the information furnished in the replacement candidates list is correct in all material respects, and (
- ii)as regards the replacement candidates nominated by entry on such list, each of them is eligible for nomination under this Act as a replacement candidate and has consented to such nomination and none of them stands validly nominated as a replacement candidate as regards any other constituency or is a candidate at the election in any other Member State.
(2)In paragraph
(1)(
- c)“appropriate person” means— (
- a)in case the replacement candidates list is signed by an officer referred to in paragraph
(3)(a), the officer or, as may be appropriate, the officers signing the list, and (b) in case the list is signed by a person who is a non-party candidate at the relevant election, that person.
(3)A replacement candidates list shall be signed by— (a) in case the list contains the names of one or more replacement candidates nominated by a registered political party, the officer or, as may be appropriate, the officers of such party whose name or names are entered in the Register of Political Parties pursuant to section 25
(4)(
- c)of the Act of 1992, (
- b)in case the list contains the names of one or more replacement candidates nominated by a person who is a non-party candidate at the election, that person.
(4)As regards a replacement candidates list the surname of any person nominated by entry thereon as a replacement candidate shall be placed before that person’s other name or names and the list shall also contain his or her address.
(5)Where a registered political party or a non-party candidate at a European election nominates more than one replacement candidate, the order in which the replacement candidates are nominated shall be determined by that party or, as may be appropriate, that candidate, and the names of such replacement candidates shall be listed on the relevant replacement candidates list in that order and, in applying any provision of this Act, in relation to the list, the names on the list shall be listed or given in the order in which they have been so determined and listed or, as may be appropriate, regard shall be had to that order.
(6)As may be appropriate, a replacement candidates list shall be headed by— (a) where the list is signed by an officer or officers referred to in paragraph
(3)(a), the name together with (if the officer or officers by whom the list is signed so wish) the initials or other abbreviation (if any) by which the party concerned is known, or (b) in case the list is signed by a non-party candidate at the election, the name of that candidate (the surname being stated first).
(7)(
- a)Where a replacement candidates list is presented to the returning officer, the returning officer shall assign to the list one or more letters for the purpose of identifying it and, when such letter or letters is or are so assigned, the replacement candidates list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled by the returning officer as being invalid) be referred to on any ballot paper, notice or other document by reference to such letter or letters. (
- b)An assignment by the returning officer under this paragraph shall not form a ground on which a European election may be questioned. Delivery and withdrawal of replacement candidates list, etc. 19.
(1)Each replacement candidates list shall be delivered to the returning officer within the times specified for receiving nominations by rule 10 and such delivery shall be made by— (a) in case the list is signed by an officer referred to in rule 18
(3)(a), the officer or, as may be appropriate, any of the officers, by whom the list was signed or any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates, (b) in case the list is signed by a person who is a non-party candidate at such election, that person or the person’s proposer.
(2)Where a person nominated as a replacement candidate on a replacement candidates list is a national of a Member State, other than the State or the United Kingdom, and a statutory declaration and attestation in conformity with rule 6 in respect of the person concerned has not been delivered to the returning officer for the constituency concerned pursuant to the said rule 6, there shall be delivered to the returning officer at the time of delivery of the replacement candidates list— (
- a)a statutory declaration in the prescribed form made by the replacement 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.
(3)(
- a)Where the returning officer is of opinion that a replacement candidates list is not properly made out or signed and the list is not amended to his or her satisfaction, the returning officer shall rule it as being invalid. (
- b)A decision under this paragraph shall be final. (
- c)As soon as may be after the receipt by the returning officer at a European election of a replacement candidates list which he or she does not rule as being invalid the returning officer shall— (
- i)cause to be displayed outside the place at which the officer is receiving nominations a notice referring to the list and stating the names and addresses of the replacement candidates nominated by entry thereon and in the order in which they appear on the list, (
- ii)give, by post or otherwise, notice in writing of such receipt to the person or persons by whom the list was signed, and to each replacement candidate nominated by entry thereon and a notice given pursuant to this subparagraph to a replacement candidate shall refer to the relevant replacement candidates list and contain the names of the replacement candidates nominated by entry, and in the order in which they appear, thereon. (
- d)As soon as may be after the time specified in rule 15
(1)as the latest time for the withdrawal of candidature, the returning officer shall examine the replacement candidates lists (if any), and— (
- i)where the number of replacement candidates included in any such list exceeds the maximum number permitted by rule 17(a), the returning officer shall delete from the list the number of names equal to the excess commencing with the name which stands at the bottom of the list and if need be thereafter working up that list, (
- ii)where, in relation to a person referred to in paragraph
(2), the relevant statutory declaration and attestation referred to in that paragraph and conforming thereto are not delivered to the returning officer in accordance with that paragraph, the returning officer shall delete the name of the person concerned from the replacement candidates list, (iii) in case the returning officer deletes a name from a replacement candidates list the returning officer shall, as soon as may be, give, by post or otherwise, to the person whose name has been deleted and to the person or, as may be appropriate, each of the persons, by whom the list was signed, notice in writing of the deletion and of the reason therefor.
(4)(
- a)A replacement candidates list may be withdrawn by notice in writing signed by— (
- i)in case the list is a replacement candidates list referred to in paragraph
(3)(
- a)of rule 18, the person who is or, as may be appropriate, the persons who are for the time being the officer or officers referred to in that paragraph, or (
- ii)in case the list is a replacement candidates list referred to in paragraph
(3)(
- b)of rule 18, the non-party candidate by whom it was signed, and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations. (
- b)A notice referred to in subparagraph (
- a)may be delivered to the returning officer by being given to him or her by— (
- i)in case the notice relates to a replacement candidates list referred to in rule 18
(3)(a)— (I) the officer or, as may be appropriate, any of the officers, by whom it was signed, or (II) any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates, (ii) in case the notice relates to a replacement candidates list referred to in rule 18
(3)(b), the non-party candidate by whom the list was signed or the proposer of that candidate. (c) The returning officer shall, immediately on the delivery to him or her of a notice referred to in subparagraph (a), give public notice of the withdrawal concerned.
(5)Where a replacement candidates list is presented at a European election and— (
- a)in case such list was presented by a registered political party, at the latest time for withdrawal of candidature under rule 15 no candidate of that party stands nominated, or (
- b)in case such list was presented by a non-party candidate and the candidature of that candidate is, or pursuant to either section 13 or rule 27
(1)is deemed to have been, withdrawn, the replacement candidates list shall be deemed to have been withdrawn.
(6)Nothing done by a returning officer in exercising the power conferred on such officer by paragraph
(3)(d) shall form a ground on which a European election may be questioned.
(7)As soon as may be after the notice of poll is published in a constituency pursuant to rule 49, the returning officer concerned shall deliver to the Clerk of the Dáil the replacement candidates lists duly presented at that election in respect of the constituency (being lists of which public notice was given pursuant to the said rule 49).
(8)The Clerk of the Dáil shall retain possession of each replacement candidates list delivered to him or her pursuant to paragraph
(7)and each such list shall, unless the contrary is shown, be evidence of the matters stated therein.
(9)The returning officer shall, as soon as may be after the latest time for withdrawal of nominations, forward to the Minister a copy of the declaration and attestation delivered in respect of every person referred to in paragraph
(2)whose name appears on a replacement candidates list published by the returning officer pursuant to rule 49 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. Provision of forms by returning officer. 20. At a European election the returning officer shall, during the usual office hours and at such place or places as are named in the notice of election, on each week day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations, provide— (a) the form of nomination paper, (b) forms for use as replacement candidates lists, and (c) forms of statutory declaration referred to in rules 6 and 19
(2), and the returning officer shall supply such a paper or forms free of charge to any person applying therefor, but the use at an election of a paper or form supplied by the returning officer pursuant to this rule shall not be obligatory: provided that the document so used is in the form prescribed under rule 5, 6, 18 or 19
(2)as may be appropriate. Obstruction of nominations. 21.
(1)If the proceedings for or in connection with the nomination of candidates or replacement candidates are obstructed by violence the returning officer may adjourn the proceedings to a later hour on the same day or to the next following day (disregarding any excluded day) and, if the returning officer so considers it necessary, he or she may further adjourn the proceedings until such obstruction shall have ceased.
(2)Where any proceedings for or in connection with such nomination are adjourned under this rule the returning officer shall so inform the Minister who may, by order, postpone the latest date for receiving nominations in the constituency for a period equal to the period of such adjournment and appoint the day for the taking of the poll in that constituency. In case the Minister appoints a day under this rule the poll shall be taken in the constituency concerned on the day so appointed and the order under section 10 shall, in so far as it relates to the constituency, be construed and have effect as if the day appointed under this rule were the day specified in the said order for taking the poll. Candidates entitled to free postage. 22.
(1)Subject to paragraph
(3), each candidate at a European election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of European electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.
(2)A candidate shall not be entitled to exercise the right of free postage conferred by this rule before he or she is validly nominated, unless he or she has given such security as may be required by An Post for the payment of the postage on all communications sent by the candidate under this rule in case he or she does not eventually become nominated.
(3)Where in a constituency two or more candidates at a European election are candidates of the same political party then for the purposes of this rule those candidates shall be regarded as a single candidate.
(4)The Minister may, after consultation with the Minister for Transport, Energy and Communications and such other persons as the Minister considers appropriate, by order amend the provisions of this rule.
(5)(
- a)The Minister may amend or revoke an order under this rule (including an order under this paragraph). (
- b)Where an order under this rule (including an order under this paragraph) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. Procedure after nominations. 23.
(1)If at 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations— (
- a)the number of candidates standing nominated exceeds the number of representatives to be elected, the returning officer shall adjourn the European election and shall take a poll in accordance with this Act, or (
- b)the number of candidates standing nominated is equal to or less than the number of representatives to be elected, the returning officer shall forthwith declare the candidates standing nominated to be elected, make a return to the Clerk of the Dáil in accordance with rule 92
(2)and give public notice in accordance with rule 92
(3).
(2)Where, at the time specified in paragraph
(1), the number of candidates standing nominated in a constituency is less than the number of representatives to be elected, a fresh election shall be held in the constituency in accordance with the provisions of this Act to fill the vacancy or vacancies in the Parliament arising from the deficiency in the number of candidates standing nominated and the poll at the fresh election shall be taken on such day, being a day within the period of six months beginning on the day appointed by the order under section 10 for the taking of the poll at the original election, as the Minister by order directs. PART II Agents of Candidates Appointment of agents. 24.
(1)A candidate may appoint in relation to the constituency— (
- a)one election agent to assist him or her generally, and (
- b)one local agent for each county or county borough contained in the constituency to assist the candidate in such county or county borough and to act as deputy in such county or county borough for the election agent of the candidate.
(2)A candidate or the election agent or the local agent of the candidate may appoint with respect to any polling district in the constituency one deputy local agent to assist the candidate in the polling district and to act therein as deputy for the candidate’s election agent and local agent.
(3)An appointment under this rule may be revoked by— (a) in case the appointment is made under paragraph
(1), the candidate, (b) in case the appointment is otherwise made under this rule, the candidate or the election agent or the local agent of the candidate.
(4)Where an appointment under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule to replace him or her.
(5)The name and address of every agent appointed under this rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to— (
- a)in the case of the election agent, the returning officer, (
- b)in the case of a local agent or a deputy local agent, the local returning officer. General provisions as to agents. 25.
(1)Each candidate, the election agent or the local agent of the candidate for the county or county borough concerned may appoint agents to be present on the candidate’s behalf— (
- a)at the issue of ballot papers to postal voters, (
- b)in polling stations, (
- c)at the opening of the postal voter ballot boxes, and (
- d)at the opening of the ballot boxes and the verification of the ballot paper accounts.
(2)Each candidate or the election agent of the candidate may appoint agents to be present on the candidate’s behalf at the counting of the votes.
(3)Subject to paragraph
(4), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed— (
- a)in the case of agents appointed to be present at the counting of the votes, by the returning officer, (
- b)in the case of any other agents appointed under this rule, by the local returning officer, so, however, that the same number shall be allowed on behalf of each candidate.
(4)Each candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned may appoint one person (in this Schedule referred to as a “personation agent”) to be present as the candidate’s agent in each polling station for the purpose of assisting in the detection of personation and such appointment shall be in writing and shall be produced to the presiding officer for the polling station concerned.
(5)An appointment under this rule may be revoked by— (a) in case the appointment is made pursuant to paragraph
(2), the candidate or the election agent of the candidate, (b) in case the appointment is otherwise made under this rule, the candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned.
(6)A candidate, the election agent or the local agent of the candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to the said local returning officer.
(7)A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every personation agent appointed by the candidate or the election agent or the local agent of the candidate together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this rule and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer as provided by rule 71
(2)and the documents and materials specified in that section have been placed in sealed packets.
(8)A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the postal voter ballot boxes and the local returning officer may refuse to admit to the place where the postal voter ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.
(9)A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the ballot boxes and the verification of ballot paper accounts and the local returning officer may refuse to admit to the place where the ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.
(10)A candidate or the election agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or the election agent of the candidate to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to the returning officer.
(11)Where the appointment of an agent under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule in place of the first-mentioned agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to— (a) in case the appointment is an appointment referred to in paragraph
(2), the returning officer, (b) in every other case the local returning officer.
(12)A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on the candidate’s behalf by an agent appointed under this rule or rule 24 and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Schedule, be present.
(13)Any thing required by this Schedule to be done in the presence of an agent of a candidate shall not be invalidated by reason of the agent not being present at the time and place appointed for doing such thing. Officers not to act as agents of candidates, further candidatures, etc. 26.
(1)A returning officer, a local returning officer or any person employed by any such officer for any purpose relating to a European election shall not act as an agent for a candidate at that election and shall not be associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.
(2)A returning officer or a local returning officer shall not employ in any capacity for the purposes of a European election a person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at the election. PART III Death of a Candidate Death of a candidate. 27.
(1)Where, not less than forty eight hours before the latest time for receiving nominations, the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.
(2)Where, at any time during the period beginning forty eight hours before the latest time for receiving nominations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the European election— (
- a)the returning officer shall forthwith notify the Minister and the Clerk of the Dáil of the death of the candidate and at the same time, if notice of the poll has been given, the returning officer shall countermand the poll, (
- b)the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held, (
- c)all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister, (
- d)at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the publication of the notice under subparagraph (
- b)in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date, (
- e)the polling day at the fresh election shall be fixed by the Minister, (
- f)rule 3 shall not apply in relation to the fresh election and references to the Register of Political Parties contained in rule 5 shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the original election.
(3)Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died— (
- a)all votes cast at the European election in the constituency shall be disregarded and the ballot papers destroyed by the returning officer, (
- b)the provisions of subparagraphs (
- a)to (
- f)of paragraph
(2)shall apply.
(4)Where a candidate at a European election dies in circumstances other than those referred to in paragraph
(1),
(2)or
(3)the following provisions shall apply: (
- a)the death of the candidate shall not invalidate the candidate’s nomination or any preference recorded for him or her, and (
- b)if the candidate is elected— (
- i)such election shall not be invalidated by reason of the candidate’s death and he or she shall be deemed to have been elected as a representative to the Parliament by virtue of this Act and to have resigned office immediately after having so become such a representative, and (
- ii)section 19 shall apply as regards the resultant vacancy in the Parliament.
(5)Where a poll is countermanded under this rule, all ballot papers issued to postal voters and special voters shall be disregarded and the local returning officer shall destroy, without opening, all ballot papers received for inclusion in the countermanded poll. PART IV Postal Voting Voting by post.
- The local returning officer for a county or county borough situate in a constituency shall, as soon as practicable after the adjournment of a European election for the purpose of taking a poll, send by post to each European elector whose name is on the postal voters list for that county or county borough a ballot paper and form of receipt in the form directed by the Minister, and if the ballot paper duly marked by the said elector and accompanied by the said receipt duly signed by the elector is received by the local returning officer before the close of the poll, it shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll. Voting by electors referred to in section 12 of Act of
- 29.
(1)The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a European election whose names are entered in the postal voters list pursuant to section 14(
- c)of the Act of 1992 subject to the following modifications— (
- a)an elector whose name is so entered in the postal voters list, in order to cast his or her vote, shall, in the presence of an authorised person and no other person, do the following things in the following order— (
- i)produce to the authorised person the envelope addressed to the elector pursuant to rule 32
(3), the ballot paper (in relation to which the authorised person shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister; (
- ii)complete and sign the said declaration of identity; (iii) hand the declaration of identity to the authorised person who shall, on being satisfied as to the identity of the person who has signed the declaration of identity, witness the signature; (
- iv)mark, in secret, the ballot paper; (
- v)place the marked ballot paper in the ballot paper envelope and effectually seal such envelope; (
- vi)place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall send the last-mentioned envelope by post to the local returning officer; (
- b)a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and (
- c)a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”.
(2)In this rule— “authorised person” means a person appointed by the Secretary of the Department of Foreign Affairs to be an authorised person for the purposes of this rule; “ballot paper envelope” and “covering envelope” have the meanings specified in rule 32
(3). Form of ballot paper and receipt. 30.
(1)The ballot paper to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other electors.
(2)The receipt sent with the ballot paper to postal voters shall be in the form directed by the Minister and shall have printed thereon the instructions to the voter and a statement of the offences and penalties relating to postal voting contained in Part XIV . Presence of agents. 31. The local returning officer, the local returning officer’s assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates appointed for this purpose under rule 25, and no other person, except with the permission of the local returning officer, may be present at the proceedings on the issue of postal ballot papers and on the opening of the postal voters ballot boxes and the envelopes contained therein. Issue of postal ballot papers. 32.
(1)The local returning officer shall give each candidate at a European election at least twenty-four hours notice in writing of the time and place at which, if the election is contested, the officer will issue ballot papers to postal voters and of the number of persons each candidate may appoint to attend such issue and, where any subsequent issue of ballot papers is made, the local returning officer shall give each candidate, as soon as practicable, notice of the time and place at which the said officer will make such subsequent issue and of the number of persons each candidate may appoint to attend such issue.
(2)Each ballot paper issued shall be marked with the official mark which shall be embossed or perforated so as to be visible on both sides of the paper and the number (including polling district letter) and name of the elector as stated in the postal voters list shall be called out, and a mark shall be placed in a copy of the postal voters list opposite the number of the elector to denote that a ballot paper has been issued to the elector, but without showing the number of the ballot paper so issued.
(3)The local returning officer shall place in an envelope addressed to the postal voter— (
- a)the ballot paper, (
- b)the form of receipt, (
- c)an envelope (in this Schedule referred to as a “covering envelope”) addressed to the local returning officer, and (
- d)a smaller envelope, marked “ballot paper envelope”, and shall effectually seal the first-mentioned envelope.
(4)All envelopes addressed to the postal voters shall be counted and forthwith delivered by the local returning officer to the nearest head post office or such other post office as may be arranged with the head postmaster; and the postmaster shall stamp with the date stamp of An Post a receipt, to be presented to the postmaster by the local returning officer, stating the number of envelopes so delivered and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.
(5)Where an envelope containing a ballot paper and other documents referred to in this rule is, before polling day, returned to the local returning officer as not having been delivered to a postal voter, the local returning officer may re-address the envelope and send it by post to that voter. Provision of postal voters ballot boxes. 33.
(1)The local returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.
(2)Every such ballot box shall, at the time of the issue of the ballot papers to postal voters, be shown open and empty to the agents present, and shall be sealed with the seal of the local returning officer and the seals of such of the agents as desire to affix their seals, and shall be marked “Postal Voters Ballot Box” (by which name such ballot box is in this Schedule subsequently referred to), and with the name of the constituency and the county or county borough and the local returning officer shall make provision for the safe custody of such ballot box. Envelopes to be placed in postal voters ballot boxes.
- The local returning officer shall, immediately on the receipt of covering envelopes, place them unopened in the postal voters ballot box. Envelopes to be treated as covering envelopes.
- If the local returning officer receives, before the close of the poll, an envelope other than a covering envelope and finds therein any document which it would have been appropriate to send to the officer in a covering envelope, the local returning officer shall— (a) securely seal the envelope; (b) endorse thereon, and sign, a statement that the envelope has been sealed with the contents intact; (c) place the closed envelope in a postal voters ballot box; (d) thereafter treat the envelope as a covering envelope; and any reference in this Part to a covering envelope shall be construed as including a reference to an envelope which has been dealt with by the local returning officer in accordance with this rule. Opening of postal voters ballot boxes. 36.
(1)The postal voters ballot boxes shall be opened before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts.
(2)Not less than four days before the polling day, the local returning officer shall give each candidate notice in writing of the time and place at which the said officer will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of agents each candidate may appoint to attend at the opening. The local returning officer shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which the local returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the officer’s functions.
(3)When a postal voters ballot box has been opened, the local returning officer shall extract the covering envelopes therefrom and count and note the number of envelopes so extracted and shall then open each covering envelope separately and examine the receipt.
(4)Where the receipt is found to be duly signed, the local returning officer shall place the receipt and the ballot paper envelope in separate receptacles or, if the ballot paper is not contained in a ballot paper envelope, the local returning officer shall place the receipt in the appropriate receptacle and shall place the ballot paper, without unfolding it, in a ballot box in accordance with rule 38.
(5)If the local returning officer is not satisfied that the receipt has been duly signed, he or she shall endorse the receipt “rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper.
(6)Where a receipt does not appear to accompany the ballot paper envelope, the local returning officer shall open the envelope, and if it is found to contain the receipt, shall deal with such receipt and ballot paper in accordance with this Part.
(7)Any receipt not accompanied by a ballot paper, and any ballot paper not accompanied by a receipt, shall be marked “rejected”.
(8)Where a ballot paper and receipt are received together, the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt were, or either of them was, not placed in the proper envelopes or that any such envelope was not sealed. Rejected receipts. 37.
(1)The local returning officer shall on a request being made by the agent of a candidate show to the agent any receipt which the officer is rejecting on the ground that it has not been properly signed.
(2)The local returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from other documents. Ballot papers to be placed in ballot boxes. 38. When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding rules, the local returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in rule 36
(5)) and place the ballot paper, without unfolding it, in a ballot box previously shown open and empty to the agents present and sealed with the seal of the local returning officer and the seals of such of the agents as desire to affix their seals, which box shall be subsequently dealt with in accordance with rule 75. Duties of local returning officer in relation to documents relating to postal voters. 39.
(1)The local returning officer, as soon as may be practicable after the completion of the issue of the ballot papers to postal voters and in the presence of the agents of the candidates, if any, shall make up in separate packets, sealed with the officer’s own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers: provided that where any subsequent issue of ballot papers is made, the sealed packet containing the marked copy of the postal voters list may be opened by the local returning officer for the purposes of that issue, and on completion of that issue, the list and the counterfoils of the ballot papers at that issue shall be made up and sealed in accordance with this rule.
(2)Having completed the placing of the ballot papers in the ballot box mentioned in rule 38 the local returning officer shall seal up in separate packets— (
- a)the receipts which accompanied any ballot papers duly accepted; (
- b)any rejected receipts, with envelopes, if any, attached; and (
- c)any rejected ballot papers, with envelopes, if any, attached.
(3)Where covering envelopes are received by the local returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the local returning officer shall not open such envelopes and shall, subject to the power of readdressing such envelopes pursuant to rule 32
(5), seal such envelopes up into separate packets.
(4)The local returning officer shall endorse on each packet mentioned in paragraphs
(1),
(2)and
(3)a description of its contents, the name of the constituency and of the county or county borough for which he or she is the local returning officer and the date of the polling day at the European election to which such contents relate.
(5)The local returning officer shall forward to the Clerk of the Dáil at the same time as he or she forwards the documents mentioned in rule 93— (
- a)the packets referred to in the foregoing provisions of this rule, and (
- b)a statement in such form as may be directed by the Minister showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.
(6)Any envelopes returned as undelivered and any covering envelopes received by the local returning officer after the said packets have been forwarded to the Clerk of the Dáil shall not be opened and shall be forwarded to the Clerk of the Dáil. Definition of agent.
- In this Part “agent” includes the election agent and the local agent of a candidate and any person appointed by or on behalf of a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes. PART V Voting by Special Voters Interpretation (Part V).
- In this Part— “ballot paper envelope” has the meaning specified in rule 44(c); “covering envelope” has the meaning specified in rule 44(d); “special presiding officer” means a person appointed to be a special presiding officer pursuant to rule
- Voting by special voters.
- A European elector whose name is, at the time of a European election, entered in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at the election in accordance with the provisions of rule 45 and shall not be entitled to vote in any other manner. Special presiding officers. 43.
(1)The local returning officer shall, as circumstances may require, for the purposes of this Part appoint one, or more than one, person to be a special presiding officer to carry out the functions conferred on a special presiding officer by this Part.
(2)The provisions of this Schedule relating to the powers, rights and duties of a presiding officer appointed for a polling station at an election shall apply to a special presiding officer appointed under this rule as if that officer were a presiding officer so appointed and as if the place where the special voter is casting his or her vote were a polling station at an election.
(3)The local returning officer may perform all or any of the functions of a special presiding officer appointed under this rule and the provisions of paragraph
(2)shall apply to the local returning officer while so performing.
(4)The provisions of rule 64 relating to the right of an elector to request that the elector’s ballot paper be marked by a companion shall not apply in relation to a special voter. Ballot paper etc. for special voters. 44. As soon as practicable after the adjournment of the European election for the purpose of taking a poll the local returning officer shall cause to be delivered pursuant to rule 45 to every special voter entitled to vote at that election, the following— (
- a)a ballot paper for the election; (
- b)a form of declaration of identity in the form directed by the Minister; (
- c)an envelope marked (and in this Part referred to as
- a)“ballot paper envelope”; and (
- d)an envelope addressed to the local returning officer (in this Part referred to as a “covering envelope”). Method of voting by special voters. 45.
(1)At a European election, a special presiding officer shall, in the presence of a member of the Garda Síochána deliver to the special voter the form of declaration of identity referred to in rule 44.
(2)No person other than the special presiding officer and the member of the Garda Síochána shall be present when the special voter is voting pursuant to this rule.
(3)The special voter shall complete the declaration of identity and shall sign it or, if the voter is unable to write, place his or her mark thereon and the said signature, or as the case may be mark, shall be witnessed by the special presiding officer.
(4)The special presiding officer shall, on being satisfied as to the identity of the special voter, mark a ballot paper with the official mark and deliver it to the special voter together with a ballot paper envelope.
(5)The special presiding officer shall, as soon as he or she has given the ballot paper and the ballot paper envelope to the special voter, place a mark against the name of the special voter concerned on a copy of the special voters list to denote that a ballot paper has been issued to such voter but without showing the number of the ballot paper so issued.
(6)The special voter shall thereupon record in secret his or her vote upon the ballot paper and shall then fold the ballot paper so that the vote is concealed and place the ballot paper, so folded, in the ballot paper envelope and seal the envelope and hand the ballot paper envelope to the special presiding officer.
(7)On receiving the ballot paper envelope, the special presiding officer shall place it together with the completed declaration of identity in a covering envelope which the special presiding officer shall thereupon seal and to which the special presiding officer shall affix a label in the form directed by the Minister signed by the officer and the member of the Garda Síochána. Duties of special presiding officer in relation to covering envelopes and other documents. 46.
(1)The special presiding officer shall, before the time fixed for the close of the poll at the European election, deliver to the local returning officer every covering envelope referred to in rule 45
(7).
(2)On the completion of voting by special voters, each special presiding officer shall seal up, in separate packets— (
- a)the unused ballot papers and any spoilt ballot papers, placed together; (
- b)the counterfoils of the ballot papers; (
- c)the marked copy of the special voters list; (
- d)a ballot paper account in such form as may be directed by the Minister completed by the special presiding officer; (
- e)the marking instrument, any unused stationery and any other documents or materials in the special presiding officer’s possession which relate to voting by special voters at the election; and shall deliver all such packets to the local returning officer. Duties of local returning officer in relation to documents relating to special voters. 47.
(1)The local returning officer shall deal with the packets delivered by a special presiding officer pursuant to rule 46 in the same manner as the local returning officer would, in accordance with the provisions of this Schedule, deal with other packets containing similar documents and materials relating to a European election.
(2)The local returning officer shall place the covering envelopes returned by a special presiding officer pursuant to rule 46, in the postal voters ballot box referred to in rule 33, and the covering envelopes and the documents therein shall thereafter be treated as if they were envelopes and documents returned to the local returning officer by postal voters and the provisions of rules 36, 37, 38 and 39 shall apply to such envelopes and documents.
(3)In the application of the provisions of this Schedule relating to postal voters to special voters— (
- a)a reference to “receipt” shall, in relation to documents appropriate to special voters, be construed as a reference to “declaration of identity”, and (
- b)a reference to “receipt duly signed” in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”, and (
- c)if the covering envelope does not have the label referred to in rule 45 attached thereto or if such label is not duly signed by the special presiding officer and the member of the Garda Síochána, the local returning officer shall reject the covering envelope and deal with it as if it were a receipt which had not been duly signed. PART VI Polling on Islands Polling on islands. 48.
(1)Where a poll is to be taken at a European election in a constituency and the local returning officer is of opinion that, in the case of a polling station situate on an island, it may be impracticable owing to stress of weather or transport difficulties, either— (
- a)to take the poll on the polling day appointed by the Minister, or (
- b)if the poll were taken on that day, to deliver the ballot boxes to the place for the counting of the votes at or before the time fixed for the commencement of the count under section 10 , the local returning officer shall give public notice in the polling district stating that the poll will be taken at the polling station on the island on a specified day, being a day within the period during which the relevant elections to the Parliament are to be held in each Member State.
(2)Where paragraph
(1)applies, notwithstanding anything otherwise contained in this Act, the local returning officer shall take the poll at the polling station on the island on the day specified in the notice or, where the local returning officer is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which, in the opinion of the local returning officer, transport between the island and the mainland is reasonably safe.
(3)Where a poll is to be taken in a constituency, notwithstanding anything contained in this Act, the following provisions shall have effect in relation to a polling station on an island, whether the poll at such station is taken on the polling day appointed by the Minister or otherwise— (
- a)where, owing to stress of weather or transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour, (
- b)where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the time fixed for the commencement of the count under section 10 , the presiding officer may then close the poll.
(4)No alteration shall be made in the form or contents of the notice of poll under rule 49 by reason of an alteration under this rule of the day and hours of poll. PART VII Arrangements for the Poll Notice of the poll. 49. Where a European election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, give public notice (in this Schedule referred to as “the notice of poll”) of— (
- a)the day on which and the hours during which the poll will be taken, (
- b)the names and descriptions of the candidates standing nominated as entered in their nomination papers and of the proposers, if any, (
- c)any replacement candidates list duly presented at the election (being such a list which is not withdrawn, deemed under rule 19
(5)to have been withdrawn or ruled by the returning officer as being invalid) and the name of the registered political party or non-party candidate by whom such list was presented together with the reference assigned to the list under rule 18
(7)(
- a)and the name and address or names and addresses of any person or persons nominated by entry thereon to be replacement candidates as entered on such list and, if there are more than one, in the same order as that in which they appear on such list, and (
- d)the order in which the names of the said candidates will appear on the ballot papers. Ballot papers. 50.
(1)The ballot of a voter at a European election shall consist of a paper (in this Schedule referred to as a “ballot paper ”) in the form specified in the Fourth Schedule .
(2)Ballot papers shall be prepared in accordance with the following provisions— (
- a)a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer, (
- b)a ballot paper may include a photograph of each candidate and the form of the ballot paper may be adjusted accordingly, (
- c)the surname of each candidate shall be printed in large capitals, the candidate’s surname and other name shall be printed in small capitals and the address and occupation, if any, of each candidate as appearing in the relevant nomination paper shall be printed in ordinary characters, (
- d)the name of each candidate’s political party, if any, or, if appropriate, the expression “Non-Party” shall be printed in large capitals, and the name of each candidate’s political group, if any, shall be printed in ordinary characters, (
- e)in case a replacement candidates list has been signed by an officer of such political party pursuant to rule 18
(3)(a), and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to any candidate of that party shall include a reference (being a reference referred to in rule 18
(7)(a)) to that list, (f) in case a replacement candidates list has been signed by a non-party candidate pursuant to rule 18
(3)(b), and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to that candidate shall include a reference (being a reference referred to in rule 18
(7)(a)) to that list, (
- g)the list of candidates shall be arranged either in one continuous column or in two 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 shall be the same for each of the candidates, (
- h)the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper, (
- i)apart from things permitted by the form specified in the Fourth Schedule , nothing shall appear on the ballot paper except in accordance with these provisions.
(3)The returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers and it shall be the duty of the said officer to supply as soon as practicable to every local returning officer such number of ballot papers as that officer shall reasonably require. The official mark. 51.
(1)A ballot paper shall at the time of issue be marked with an official mark (in this Schedule referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper, and the local returning officer shall provide a s