Seanad Electoral (Panel Members) Act, 1947

Seanad Electoral (Panel Members) Act, 1947 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar 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 Disclaimer Feedback Helpdesk 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) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1947 Seanad Electoral (Panel Members) Act, 1947 Seanad Electoral (Panel Members) Act, 1947 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 Print Full ActPriontáil an tAcht Iomlán Number 42 of 1947.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title.

Section 2

Definitions.

Section 3

The panels.

Section 4

The Seanad returning officer.

Section 5

Regulations.

Section 6

Expenses.

Section 7

Repeals.

PART II.

The Register of Nominating Bodies.

Section 8

Establishment and maintenance of register of nominating bodies.

Section 9

Applications for registration in register of nominating bodies.

Section 10

Publication of notice of the preparation of register of nominating bodies.

Section 11

Preparation of register of nominating bodies.

Section 12

Appeal Board.

Section 13

Appeals to the appeal board in connection with preparation of register of nominating bodies.

Section 14

Decision of appeals in connection with preparation of register of nominating bodies.

Section 15

Completion and publication of register of nominating bodies.

Section 16

Annual revision of register of nominating bodies.

Section 17

Appeals to appeal board in connection with annual revision.

Section 18

Decision of appeals in connection with annual revision.

Section 19

Completion of annual revision.

Section 20

Fee on appeal to appeal board.

PART III.

The Nomination Committees.

Section 21

Formation and maintenance of nomination committees.

Section 22

Appointment of members of nominating committee.

Section 23

Tenure of office of member of nomination committee.

PART IV.

Seanad General Election.

Chapter I.

Seanad General Election Order.

Section 24

Seanad general election order.

Chapter II.

Formation of the Panels.

Section 25

Nomination to panels by members of Oireachtas.

Section 26

Proposals for nominations to panel by registered nominating bodies.

Section 27

Method of proposal for nomination by nominating body.

Section 28

Preparation of nominating bodies lists.

Section 29

Method of nomination by members of Oireachtas.

Section 30

Preparation of provisional Oireachtas sub-panels.

Section 31

Publication and inspection of proposal for nomination papers and nomination papers.

Section 32

Nomination committee (general election) meeting.

Section 33

Electoral roll for nomination committee (general election) meeting.

Section 34

Procedure at a nomination committee (general election) meeting.

Section 35

Preparation of provisional nominating bodies sub-panels.

Section 36

The completion of the panels.

Section 37

Nominations by the Taoiseach to complete provisional sub-panels.

Section 38

The judicial referee at completion of panels.

Section 39

Questions which may be raised at completion of panels.

Section 40

Persons permitted to attend completion of panels.

Section 41

Continuity of proceedings at completion of panels.

Section 42

Death or disqualification of a candidate.

Section 43

Preparation and publication of the panels.

Chapter III.

The Poll.

Section 44

The electorate.

Section 45

The electoral roll for Seanad general election.

Section 46

Issue of copy of panels and declaration of identity to electors.

Section 47

The ballot papers for Seanad general election.

Section 48

Method of marking votes on ballot paper at Seanad general election.

Section 49

Sending of ballot papers to electors at Seanad general election.

Section 50

Issue of ballot papers.

Section 51

Method of voting at Seanad general election.

32.

Allocation of members amongst the panels.

53.

Ascertainment of result of Seanad general election.

54.

Election petitions in relation to Seanad general elections.

PART V.

Seanad Bye-Election.

Chapter I.

Notice of Casual Vacancy and Seanad Bye-election Order.

55.

Notice of casual vacancy.

56.

Seanad bye-election order.

57.

Effect of a dissolution of Dáil Éireann.

58.

Provision applicable where more than one casual vacancy.

Chapter II.

Nominating Bodies Sub-panel Casual Vacancies.

59.

Obligation to hold nomination committee (bye-election) meeting.

60.

Electoral roll for nomination committee (bye-election) meeting.

61.

Procedure at nomination committee (bye-election) meeting.

62.

The poll at a nomination committee (bye-election) meeting.

63.

Certificate of provisional election.

64.

The ruling upon nomination for nominating bodies sub-panel casual vacancy.

65.

Procedure on failure to obtain nomination.

Chapter III.

Oireachtas Sub-panel Casual Vacancies.

66.

Obligation to hold election to fill Oireachtas sub-panel casual vacancy.

67.

Nomination of candidates for Oireachtas sub-panel casual vacancy.

68.

The ruling upon nomination for Oireachtas sub-panel casual vacancy.

69.

Electoral roll for Oireachtas sub-panel casual vacancy.

70.

Ballot papers for Oireachtas sub-panel casual vacancy.

71.

Method of marking votes on ballot paper for Oireachtas sub-panel casual vacancy.

72.

Sending of ballot papers to electors.

73.

Method of voting for Oireachtas sub-panel casual vacancy.

74.

Ascertainment of the result of election for Oireachtas sub-panel casual vacancy.

75.

Election petitions in relation to elections for Oireachtas sub-panel casual vacancies.

Chapter IV.

General Provisions in respect of every ruling upon nomination under Chapter III.

76.

The judicial referee at ruling upon nomination.

77.

Questions which may be raised at ruling upon nomination.

78.

Persons permitted to attend ruling upon nomination.

79.

Continuity of proceedings at ruling upon nomination.

PART VI.

Miscellaneous.

80.

Resignation of membership of Seanad Eireann.

81.

Election as university member and as panel member.

82.

Preservation of the secrecy of the voting.

83.

Non-compliance with rules.

84.

Postal services.

85.

Transitory provisions.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

Acts Referred to Seanad Electoral (Panel Members) Act, 1937 No. 43 of 1937 Local Government Act, 1941 No. 23 of 1941 Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 No. 20 of 1940 Number 42 of 1947.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947.

AN ACT TO REGULATE ELECTIONS OF THE MEMBERS OF SEANAD EIREANN WHO ARE REQUIRED TO BE ELECTED FROM PANELS OF CANDIDATES AND ELECTIONS TO FILL CASUAL VACANCIES OCCURRING AMONGST THOSE MEMBERS AND TO PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH SUCH ELECTIONS. [19th December, 1947.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Seanad Electoral (Panel Members) Act, 1947.

Definitions.

2.—In this Act- the expression “the administrative panel” has the meaning assigned to it in section 3; the expression “the agricultural panel” has the meaning assigned to it in section 3; the expression “annual revision” has the meaning assigned to it in section 16; the expression “the appeal board” has the meaning assigned to it in section 12; the expression “casual vacancy” means a vacancy in the membership of Seanad Eireann occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election or was elected at a Seanad bye-election since the next preceding Seanad general election; the expression “certificate of provisional election” has the meaning assigned to it in section 63; the expression “close of the poll” has (as may be appropriate) the meaning assigned to it in section 24 or the meaning assigned to it in section 56; the expression “the completion of the panels” has the meaning assigned to it in section 36; the expression “the cultural and educational panel” has the meaning assigned to it in section 3; the expression “Dáil election” means a general election of members of Dáil Eireann held in consequence of a dissolution of Dáil Eireann; the expression “the expiration of the time for general panel proposed nominations” has the meaning assigned to it in section 24; the expression “the expiration of the time for Oireachtas panel nominations” has the meaning assigned to it in section 24; the expression “the industrial and commercial panel” has the meaning assigned to it in section 3; the expression “the labour panel” has the meaning assigned to it in section 3; the expression “the list of candidates” has the meaning assigned to it in section 68; the expression “member of the Oireachtas” means a member of Dáil Eireann or a member of Seanad Eireann; the expression “the Minister” means the Minister for Local Government; the expression “nominating bodies” has the meaning assigned to it in section 8; the expression “nominating bodies list” has the meaning assigned to it in section 28; the expression “nominating bodies sub-panel” has the meaning assigned to it in section 43; the expression “nominating bodies sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from a nominating bodies sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;

the expression “nomination committee” has the meaning assigned to it in section 21; the expression “nomination committee (bye-election) meeting” has the meaning assigned to it in section 59; the expression “nomination committee (general election) meeting” has the meaning assigned to it in section 32; the expression “notice of a casual vacancy” has the meaning assigned to it in section 55; the expression “Oireachtas sub-panel” has the meaning assigned to it in section 43; the expression “Oireachtas sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from an Oireachtas sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election; the word “panel” has the meaning assigned to it in section 3; the word “prescribed” means prescribed by regulations made by the Minister under this Act; the expression “provisional nominating bodies sub-panel” has the meaning assigned to it in section 35; the expression “the register of nominating bodies” has the meaning assigned to it in section 8; the expression “the ruling upon nomination” has (as may be appropriate) the meaning assigned to it in section 64 or the meaning assigned to it in section 68; the expression “Seanad bye-election” means an election to fill a casual vacancy; the expression “Seanad bye-election order” has the meaning assigned to it in section 56; the expression “Seanad general election” means so much of a general election of members of Seanad Eireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by that Article to be elected from panels; the expression “Seanad general election order” has the meaning assigned to it in section 24; the expression “Seanad returning officer” has the meaning assigned to it in section 4; the word “sub-panel” has the meaning assigned to it in section 43.

The panels.

3.—(1) In this Act— the word “panel” when used without qualification means a panel of candidates formed in pursuance of subsection 1° of section 7 of Article 18 of the Constitution; the expression “the cultural and educational panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, the national language and culture, literature, art, education and such professional interests as may be defined by law for the purpose of this panel; the expression “the agricultural panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, agriculture and allied interests, and fisheries; the expression “the labour panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, labour, whether organised or unorganised; the expression “the industrial and commercial panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture; the expression “the administrative panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, public administration and social services, including voluntary social activities.

The Seanad returning officer.

4.—(1) The person who for the time being holds the office of Clerk of Seanad Éireann shall be the Seanad returning officer for the purposes of this Act.

Regulations.

5.—The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

Expenses.

6.—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.

Repeals.

7.—The Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), and the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 (No. 20 of 1940), are hereby repealed.

PART II.

The Register of Nominating Bodies.

Establishment and maintenance of register of nominating bodies.

8.—(1) A register (in this Act referred to as the register of nominating bodies) of bodies (in this Act referred to as nominating bodies) entitled to nominate persons to the panels of candidates for the purpose of every Seanad general election shall be established and maintained in accordance with this Act.

(f) every body which is registered in the register shall be so registered in respect of one, and only one, panel; (g) except as otherwise provided by this subsection, a body shall not be registered in the register save in pursuance of an application in that behalf made by such body in accordance with this Act; (h) the Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the register in respect of the administrative panel without application, and no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character.

Applications for registration in register of nominating bodies.

9.—(1) Any body which desires to be registered in the register of nominating bodies in respect of any particular panel and claims to be eligible for registration in that register in respect of that panel may apply for that purpose to the Seanad returning officer in accordance with this section.

Publication of notice of the preparation of register of nominating bodies.

10.—As soon as practicable after the passing of this Act, the Seanad returning officer shall publish, in every morning daily newspaper published in the State and in such other (if any) daily newspapers as, with the sanction of the Minister, he thinks proper, a notice in the prescribed form giving public notice that the register of nominating bodies is being prepared, and giving such information (including the latest date for receipt of applications for registration) and instructions in relation to applications for registration as the Minister thinks proper.

Preparation of register of nominating bodies.

11.—(1) As soon as practicable after the day prescribed for this section, and in any event not later than fourteen days thereafter, the Seanad returning officer shall prepare the register of nominating bodies and for that purpose— (a) shall examine all applications for registration duly received by him, (b) shall disallow every application which appears to him to be irregular in form and every application as respects which the applicant fails to satisfy him that the applicant is eligible for registration in respect of the panel to which the application relates, (c) may disallow any applications which he is authorised by the subsequent provisions of this section to disallow, and (d) shall allow all such applications as he does not disallow in pursuance of the foregoing provisions of this subsection.

Appeal Board.

12.—(1) There shall be a board (in this Act referred to as the appeal board) to hear appeals from decisions of the Seanad returning officer under this Part of this Act.

Appeals to the appeal board in connection with preparation of register of nominating bodies.

13.—(1) Any applicant for registration in the register of nominating bodies whose application for registration has been disallowed by the Seanad returning officer on the preparation of the register may appeal in accordance with this section to the appeal board against the disallowance.

Decision of appeals in connection with preparation of register of nominating bodies.

14.—(1) The appeal board shall consider every appeal duly made under section 13 of this Act and shall, in respect of each such appeal, either reverse the decision of the Seanad returning officer which is the subject of the appeal or disallow the appeal.

Completion and publication of register of nominating bodies.

15.—(1) If no appeal under section 13 of this Act is duly made to the appeal board, the Clerk of Dáil Eireann shall, on the day prescribed for this section inform the Seanad returning officer of that fact and the Seanad returning officer shall thereupon sign and publish in the Iris Oifigiúil the register of nominating bodies prepared by him under the foregoing provisions of this Act.

Annual revision of register of nominating bodies.

16.—(1) The Seanad returning officer shall, on or after the 1st, but not later than the 15th day of January in the year after the year of the preparation of the register of nominating bodies and in every subsequent year, publish in every morning daily newspaper published in the State and in such other (if any) daily newspapers as, with the sanction of the Minister, he thinks proper a notice in the prescribed form giving public notice that, on the 15th day of February next following or, if that day is a Sunday, the 16th day of February next following, the Seanad returning officer will proceed to revise the register of nominating bodies, and giving such information and instructions in relation to applications for insertion, deletion, or amendment of entries in that register as the Minister thinks proper.

Appeals to appeal board in connection with annual revision.

17.—(1) Not later than the 1st day of March in the year after the year of the preparation of the register of nominating bodies and in every subsequent year, the Seanad returning officer shall— (a) inform every body which applied for registration in, deletion from, or amendment of the register of nominating bodies at the annual revision in that year whether he allowed or disallowed the application and, in the case of disallowance, his reasons therefor, and (b) communicate to every body affected by a deletion from or amendment of the register of nominating bodies made by him at the annual revision in that year otherwise than on an application by such body the particulars of such deletion or amendment and his reasons therefor.

Decision of appeals in connection with annual revision.

18.—(1) The appeal board shall consider every appeal duly made to it unnder section 17 of this Act and shall, in respect of each such appeal, either reverse the decision of the Seanad returning officer which is the subject of the appeal or disallow the appeal.

Completion of annual revision.

19.—(1) Not later than the 20th day of March in the year after the year of the preparation of the register of nominating bodies and in every subsequent year, the Seanad returning officer shall revise the register of nominating bodies in such manner as may be requisite to give effect to all decisions given by him at the annual revision in that year against which no appeal to the board has been made within the time limited in that behalf by this Act, and every revision so made shall come into force on the 21st day of March of the year in which it is made.

Fee on appeal to appeal board.

20.—(1) Every body which appeals to the appeal board shall pay to the Clerk of Dáil Eireann a fee of twenty pounds, and the payment of the fee before the expiration of the time limited by this Act for sending or delivering the appeal to the Clerk of Dáil Eireann shall be a condition precedent to the entertainment of the appeal by the appeal board.

PART III.

The Nomination Committees.

Formation and maintenance of nomination committees.

21.—(1) There shall be formed and maintained in respect of each panel a standing committee to be known and in this Act referred to as the nomination committee for that panel.

Appointment of members of nominating committee.

22.—(1) A nominating body which is registered in the register of nominating bodies on the publication of that register pursuant to section 15 of this Act shall, as soon as may be after such publication, appoint five persons to be members of the nomination committee for the panel in respect of which such body is so registered.

Tenure of office of member of nomination committee.

23.—(1) A member appointed by a nominating body of a nomination committee shall cease to hold office as such member on the happening of any of the following events, and in no other circumstances, that is to say:— (a) the expiration of the day before the day of the annual meeting of the body next occurring after his appointment, (b) his death, (c) his being adjudicated bankrupt or convicted of an indictable offence, (d) his ceasing to be a member of the body, (e) the body ceasing to be a nominating body registered in the register of nominating bodies in respect of the relevant panel.

PART IV.

Seanad General Election.

Chapter I.

Seanad General Election Order.

Seanad general election order.

24.—(1) Before every Seanad general election, the Minister shall by order (in this Act referred to as a Seanad general election order) appoint for the purposes of the election:— (a) the day and hour (in this Act referred to as the expiration of the time for general panel proposed nominations) on and at which the period during which the Seanad returning officer may receive proposals for nominations to the panels by nominating bodies will expire; (b) the day and hour (in this Act referred to as the expiration of the time for Oireachtas panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by members of the Oireachtas will expire; (c) the days on which and the places and hours at which the nominating committee (general election) meetings (so far as they are required to be held) will be held; (d) the day on which and the place at which the Seanad returning officer will sit for the completion of the panels; (e) the day on which the ballot papers for the election will be issued; (f) the day and hour (in this Act referred to as the close of the poll) on and at which the poll at the election will be closed; (g) the address of the Seanad returning officer to which nomination papers and other communications may be sent to him.

Chapter II.

Formation of the Panels.

Nomination to panels by members of Oireachtas.

25.—(1) At a Seanad general election, any person may be nominated in accordance with this Act by not less than four members of the Oireachtas to any of the panels constituted for that election.

Proposals for nominations to panel by registered nominating bodies.

26.—(1) At a Seanad general election, a nominating body which is registered in the register of nominating bodies in respect of a particular panel shall be entitled to propose for nomination to the panel such number of persons as is provided in that behalf by this section.

Method of proposal for nomination by nominating body.

27.—(1) Within ten days after a dissolution of Dáil Éireann, the Seanad returning officer shall send by post to every nominating body registered in the register of nominating bodies a form of proposal for nomination paper and also a notice in the prescribed form informing the body of its right to propose persons for nomination to a specified panel and of the number of persons which it is entitled so to propose and giving to the body such information and instructions in relation to the making of the proposals for nomination as the Minister thinks proper to prescribe.

Preparation of nominating bodies lists.

28.—(1) A proposal for nomination paper by which a person or persons is or are proposed for nomination at a Seanad general election by a nominating body shall be delivered or sent by post to the Seanad returning officer.

Method of nomination by members of Oireachtas.

29.—(1) A nomination at a Seanad general election by members of the Oireachtas shall be made in accordance with the following provisions: (a) the nomination shall be made in writing on a nomination paper in the prescribed form; (b) the nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein, including a statement of the qualifications of the person thereby nominated for the panel to which he is so nominated; (c) the nomination paper shall be signed by each of the members of the Oireachtas making a nomination thereby; (d) the nomination paper shall be delivered or sent by post to the Seanad returning officer.

Preparation of provisional Oireachtas sub-panels.

30.—(1) Immediately after the expiration of the time for Oireachtas panel nominations, the Seanad returning officer shall prepare, in respect of each panel, a list (in this Act referred to as a provisional Oireachtas sub-panel) in the prescribed form of the persons in respect of whom he has received, before the expiration of the said time, nominations to such panel by members of the Oireachtas.

Publication and inspection of proposal for nomination papers and nomination papers.

31.—Where the Seanad returning officer receives a proposal for nomination paper or a nomination paper at a Seanad general election (other than a paper declared by this Act to be wholly void or a paper so received after the time limited by this Act for such receipt)— (a) the Seanad returning officer shall forthwith post up, in such public place in the county borough of Dublin as he considers most suitable, a notice stating the fact of the receipt by him of the paper and the name, address and description (as stated in the paper) of the person purported to be proposed or nominated by the paper and the panel to which such person purports to be so proposed or nominated, (b) the Seanad returning officer shall hold the paper available for inspection by candidates between the hours of 10 a.m. and 1 p.m on week-days during the period beginning on the day after the day of the receipt of the paper and ending on the day before the day of the completion or resumption of the completion (as may be appropriate) of the panels.

Nomination committee (general election) meeting.

32.—A meeting (in this Act referred to as a nomination committee (general election) meeting) of the nomination committee for a panel for which there are three or more nominating bodies shall be held on the day and at the place and hour appointed in that behalf by a Seanad general election order and, at least seven days before the meeting, the Seanad returning officer shall send by post, to each person named in the electoral roll constituted under section 33 of this Act for the meeting, a notice in the prescribed form with respect to the holding of the meeting.

Electoral roll for nomination committee (general election) meeting.

33.—(1) Where a nomination committee (general election) meeting is to be held, the Seanad returning officer shall prepare, from the register under section 21 of this Act, a list stating the names, addresses and description of the members of the nomination committee and the list shall be the electoral roll for the purposes of the meeting and shall be final and conclusive.

Procedure at a nomination committee (general election) meeting.

34.—(1) The following provisions shall have effect in relation to every nomination committee (general election) meeting:— (a) the Seanad returning officer shall preside at the meeting and shall conduct the proceedings thereof; (b) the proceedings shall commence at the time appointed for the meeting by the relevant Seanad general election order if there is then a quorum or, if there is not then a quorum, when there is a quorum; (c) the Seanad returning officer and his assistants and the persons named in the electoral roll constituted for the meeting under section 33 of this Act, and no other person, may be present at the meeting; (d) each member of the nomination committee attending the meeting shall, when or as soon as may be after he enters the meeting, sign his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances; (e) a poll shall be held for the purpose of selecting, from the persons included in the nominating bodies list in respect of the relevant panel, the appropriate number of persons to be included in the provisional nominating bodies sub-panel in respect of that panel; (f) for the purposes of the poll, the Seanad returning officer shall make available such ballot boxes, desks, and other furniture as he considers necessary and also provide a sufficient number of ballot papers; (g) the Seanad returning officer shall close the poll at the expiration of two hours from the time at which it was opened; (h) a person shall not be entitled to receive a ballot paper unless or until he has signed his name under paragraph (d) of this subsection; (i) a person in giving his vote must place on the ballot paper the figure 1 opposite the name of the person for whom he votes, and he may in addition place on the ballot paper the figures 2 and 3, or 2, 3 and 4, and so on opposite the names of other persons in the order of his preference. (j) any ballot paper— (i) in which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference, or (ii) on which the figure 1 standing alone indicating a first preference is set opposite more than one name, or (iii) on which the figure 1 standing alone indicating a first preference and some other number is set opposite a name, shall be invalid and shall not be counted; (k) the Seanad returning officer shall take all such steps as he considers proper or expedient for preserving the secrecy of the voting at the poll; (l) every question which arises at or in relation to the taking of the poll shall be decided by the Seanad returning officer and his decision on any such question shall be final and unappealable;

(m) at the close of the poll, the Seanad returning officer shall ascertain, in accordance with this Act and, in particular, the rules contained in the Second Schedule to this Act, the result of the poll and shall announce such result to the candidates then present (if any); (n) the Seanad returning officer and his assistants and the candidates (or their duly appointed representatives), and no other person, shall be entitled to be present at the ascertainment of the result of the poll.

Preparation of provisional nominating bodies sub-panels.

35.—(1) The Seanad returning officer shall, as soon as conveniently may be after a nomination committee (general election) meeting, prepare a list (in this Act referred to as a provisional nominating bodies sub-panel) in the prescribed form of the persons selected at such meeting.

The completion of the panels.

36.—(1) At eleven o'clock in the morning on the day and at the place appointed in that behalf by a Seanad general election order, the Seanad returning officer shall attend and hold a sitting (in this Act referred to as the completion of the panels) at which he shall do all such things as he is required by the subsequent provisions of this Act to do at such sitting.

Nominations by the Taoiseach to complete provisional sub-panels.

37.—(1) If, when the provisions of section 36 of this Act, have been complied with, the number of persons whose names are entered in any provisional sub-panel does not exceed by at least two the maximum number of members of Seanad Éireann permitted by this Act to be elected therefrom, the Seanad returning officer shall adjourn to a convenient day and hour the further proceedings at the completion of the panels and shall report to the Taoiseach the deficiency in the said provisional sub-panel and furnish to the Taoiseach a copy of the provisional sub-panels as settled immediately before the adjournment.

The judicial referee at completion of panels.

38.—(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at the completion of the panels and there sit and act as judicial referee.

Questions which may be raised at completion of panels.

39.—(1) Subject to compliance (where appropriate) with subsection (2) of this section, at the completion of the panels every question relevant to the nomination of a person to a panel, including the validity of nomination papers, the sufficiency or the correctness of any statement in a nomination paper, the validity or the disqualification of any nomination and the qualifications of any person for any panel, may be raised by the Seanad returning officer or by any person whose name is on a provisional sub-panel for the time being under consideration or by the agent of any such person.

Persons permitted to attend completion of panels.

40.—The following (and no other) persons shall be entitled to be present at the completion of the panels:— (a) the Seanad returning officer and his assistants; (b) the judicial referee and one person brought by him to attend on him; (c) any person whose name is on a provisional sub-panel; (d) one agent of each person whose name is on a provisional sub-panel; (e) witnesses giving oral evidence, but only while giving such evidence; (f) such other persons as the Seanad returning officer thinks proper to admit.

Continuity of proceedings at completion of panels.

41.—(1) The proceedings at the completion of the panels shall, so far as practicable, be proceeded with continuously, but may at any time be suspended by the Seanad returning officer, with the consent of the judicial referee, for such period as the Seanad returning officer thinks proper for refreshment, night-time or other reason appearing to him to be sufficient.

Death or disqualification of a candidate.

42.—(1) Where, before the expiration of the time for general panel proposed nominations, a nominating body satisfies the Seanad returning officer that a person proposed for nomination to a panel by the body has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel the proposal for nomination of such person, and thereupon such proposal for nomination shall be deemed for the purposes of this Act never to have been received by the Seanad returning officer and it shall be lawful for the body to propose for nomination in accordance with this Act a person to the panel in the place of the person who has died or become disqualified.

Preparation and publication of the panels.

43.—(1) When, at the completion of the panels, the proceedings provided for in the foregoing sections of this Act have been completed, the Seanad returning officer shall prepare the five panels, each of which shall consist of a list (arranged in accordance with the subsequent provisions of this section) of the persons who have been found to be validly nominated thereto.

Chapter III.

The Poll.

The electorate.

44.—(1) At every Seanad general election the electorate shall consist of:— (a) the members of Dáil Eireann elected at the Dáil election consequent on the dissolution of Dáil Eireann which occasioned such Seanad general election, and (b) the members of Seanad Eireann, and (c) the members of every council of a county or county borough.

The electoral roll for Seanad general election.

45.—(1) The Seanad returning officer shall prepare an electoral roll containing the names, addresses and descriptions of the persons constituting the electorate at a Seanad general election.

Issue of copy of panels.

46.—As soon as practicable after the completion of the electoral roll in respect of a Seanad general election or the publication in relation to the election of the panels in the Iris Oifigiúil (whichever happens later) and in any event before the day on which the ballot papers are to be issued, the Seanad returning officer shall send by post to each person whose name is on the electoral roll, at his address as stated on the electoral roll, a copy of the five panels as published in the Iris Oifigiúil, but with the modification that there shall, in such copy, be inserted in respect of every person on any panel a statement of the body or persons on whose nomination he was put on such panel.

The ballot papers for Seanad general election.

47.—(1) The following provisions shall apply and have effect in relation to the ballot papers at a Seanad general election: (a) there shall be different ballot papers for each panel; (b) a ballot paper shall contain the names, addresses, and descriptions of all the candidates named in the panel to which it relates arranged in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and either in one continuous column or in two or more columns as the Seanad returning officer, with the consent of the Minister, considers to be most convenient; (c) a ballot paper shall also state, in respect of every candidate named therein, the sub-panel in which he is named as a candidate; (d) the surnames of the several candidates shall be printed on a ballot paper in large characters and their other names and their addresses and descriptions shall be printed in small characters, save that, whenever the surnames of two or more candidates are the same, there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or of both the address and the description of each such candidate as will, in the opinion of the Seanad returning officer, effectively distinguish such candidate.

Method of marking votes on ballot paper at Seanad general election.

48.—(1) An elector in marking a ballot paper at a Seanad general election must place on the ballot paper the figure 1 opposite the name of the candidate for whom he votes, and he may in addition place on the ballot paper the figures 2 and 3, or 2, 3 and 4, and so on, opposite the names of other candidates in the order of his preference.

Sending of ballot papers to electors at Seanad general election.

49.—(1) On the day appointed for the issue of ballot papers at a Seanad general election the Seanad returning officer shall send by registered post to each person whose name is on the electoral roll for that election at the address stated on such electoral roll a ballot paper for each panel.

Issue of ballot papers.

50.—The Seanad returning officer shall issue the ballot papers at a Seanad general election in accordance with the rules contained in the First Schedule to this Act on the day appointed in that behalf by the relevant Seanad (general election) order.

Method of voting at Seanad general election.

51.—(1) Every person entitled to vote at a Seanad general election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking one or more of the ballot papers sent to him under section 50 of this Act and returning by registered post to the Seanad returning officer all of those ballot papers together with the form of declaration of identity, furnished to him pursuant to the rules contained in the First Schedule to this Act, duly made and completed by him.

Allocation of members amongst the panels.

Section 52

52.—The numbers of members of Seanad Eireann to be elected from each of the panels shall be as follows:— (a) five members shall be elected from the cultural and educational panel, of whom two at least shall be elected from each sub-panel of that panel; (b) eleven members shall be elected from the agricultural panel, of whom four at least shall be elected from each sub-panel of that panel; (c) eleven members shall be elected from the labour panel, of whom four at least shall be elected from each sub-panel of that panel; (d) nine members shall be elected from the industrial and commercial panel, of whom three at least shall be elected from each sub-panel of that panel; (e) seven members shall be elected from the administrative panel, of whom three at least shall be elected from each sub-panel of that panel.

Ascertainment of result of Seanad general election.

Section 53

53.—(1) The Seanad returning officer shall, in the presence of such candidates as may be in attendance, ascertain separately, in accordance with this Act and, in particular, the rules contained in the First and Second Schedules to this Act, the result of a Seanad general election in respect of each panel and shall declare to be elected from such panel the candidates who are so ascertained to be elected.

Election petitions in relation to Seanad general elections.

Section 54

54.—(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Éireann shall apply to Seanad general elections with the following modifications: (a) the court trying an election petition in relation to a Seanad general election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require; (b) where the court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected; (c) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election; (d) it shall not be obligatory on the said court to cause a recount to be made of the votes given for, or to investigate the voting or the counting of the votes in respect of, the candidates on a panel in relation to which the said court is satisfied that the voting in respect of the candidates on such panel is not in issue on the petition; (e) references (including references by adaptation) to Dáil Eireann shall be construed as references to Seanad Eireann, and references (including references by adaptation) to the Chairman or the Ceann Comhairle of Dáil Eireann shall be construed as references to the Chairman of Seanad Eireann.

PART V.

Seanad Bye-Election.

Chapter I.

Notice of Casual Vacancy and Seanad Bye-election Order.

Notice of casual vacancy.

Section 55

55.—(1) Where a casual vacancy occurs in the membership of Seanad Eireann, the Clerk of Seanad Eireann shall, on the direction of Seanad Eireann, send to the Minister notice (in this Act referred to as notice of a casual vacancy) in writing of the vacancy.

Seanad bye-election order.

Section 56

56.—(1) Where the Minister receives from the Clerk of Seanad Eireann a notice of a casual vacancy, the Minister shall, as soon as conveniently may be and in any case not more than one hundred and eighty days after receiving the notice, make an order (in this Act referred to as a Seanad bye-election order) directing an election to be held in accordance with this Part of this Act to fill the vacancy and stating the panel and sub-panel in respect of which the vacancy occurred and appointing for the purposes of the election the times and places mentioned in whichever of the two next following subsections of this section is applicable.

Effect of a dissolution of Dáil Éireann.

Section 57

57.—(1) Where a dissolution of Dáil Éireann takes place after a notice of a casual vacancy has been received by the Minister and before a Seanad bye-election order has been made in respect of the vacancy, the notice shall become and be annulled by the dissolution and, notwithstanding anything contained in this Part of this Act, a Seanad bye-election order shall not be made in respect of the vacancy.

Provision applicable where more than one casual vacancy.

Section 58

58.—If at any time the Minister has received two or more notices of a casual vacancy which have not been annulled by a dissolution of Dáil Éireann and in respect of which he has not made a Seanad bye-election order, separate Seanad bye-election orders shall be made and separate elections shall be held in respect of each of the vacancies to which the notices relate.

Chapter II.

Nominating Bodies Sub-panel Casual Vacancies.

Obligation to hold nomination committee (bye-election) meeting.

Section 59

59.—Where the Minister makes a Seanad bye-election order in respect of a casual vacancy in the membership of Seanad Éireann which is stated in the order to be a vacancy in respect of the nominating bodies sub-panel of a particular panel, a meeting (in this Act referred to as a nomination committee (bye-election) meeting) of the nomination committee for the said panel shall be held on the day and at the place and hour appointed in that behalf by the order and, at least seven days before the meeting, the Seanad returning officer shall send by post to each person named in the electoral roll constituted under section 60 of this Act for the meeting a notice in the prescribed form with respect to the holding of the meeting.

Electoral roll for nomination committee (bye-election) meeting.

Section 60

60.—(1) Where a nomination committee (bye-election) meeting is to be held, the Seanad returning officer shall prepare, from the register under section 21 of this Act, a list stating the names, addresses and descriptions of the members of the nomination committee and the list shall be the electoral roll for the purposes of the meeting and shall be final and conclusive.

Procedure at nomination committee (bye-election) meeting.

Section 61

61.—The following provisions shall apply and have effect in relation to every nomination committee (bye-election) meeting: (a) the Seanad returning officer shall preside at the meeting and shall conduct the proceedings thereof; (b) the proceedings shall commence at the time appointed for the meeting by the relevant Seanad bye-election order if there is then a quorum or, if there is not then a quorum, when there is a quorum; (c) the Seanad returning officer and his assistants and the persons named in the electoral roll constituted for the meeting under section 60 of this Act, and no other person, may be present at the meeting; (d) each, member of the nomination committee attending the meeting shall, when or as soon as may be after he enters the meeting, sign his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances; (e) the Seanad returning officer shall provide a sufficient number of the prescribed nomination forms and shall make such forms available to the members of the nomination committee present; (f) any member of the nomination committee present may, at any time within one hour after the commencement of the proceedings, nominate a person for election; (g) a nomination shall be made on a prescribed nomination form supplied by the Seanad returning officer and shall be signed by the member making the nomination and shall be handed by him to the Seanad returning officer; (h) a nomination shall state the name, address, and description of the person thereby nominated and include a statement of his qualifications for the panel for which such nomination committee is the nomination committee; (i) the Seanad returning officer shall reject any nomination which appears to him not to be made and completed in accordance with this section; (j) any nomination may, at any time within one hour after the commencement of the proceedings, be withdrawn by the member who made it; (k) the withdrawal of a nomination shall be affected by the member concerned endorsing on the nomination paper (which shall be handed to him for the purpose by the Seanad returning officer) a signed statement of withdrawal; (l) the Seanad returning officer shall make every nomination accepted by him and every withdrawal of a nomination available for the inspection of the members of the nomination committee present; (m) if, at the expiration of one hour from the commencement of the proceedings, two or more persons have been duly nominated, the Seanad returning officer shall, at such expiration, adjourn the meeting to a convenient time and place (whether on the same or a subsequent day) in order to take a poll for the purpose of selecting one of those persons;

(n) if, at the expiration of one hour from the commencement of the proceedings, one person and no more has been duly nominated, the meeting shall terminate at the expiration of the said hour and the Seanad returning officer shall make and sign a certificate of provisional election in accordance with the subsequent provisions of this Chapter; (o) if, at the expiration of one hour from the commencement of the proceedings, no person has been duly nominated, the meeting shall terminate at the expiration of the said hour and the Seanad returning officer shall report the fact and the circumstances of such termination to the Minister.

The poll at a nomination committee (bye-election) meeting.

Section 62

62.—When a nomination committee (bye-election) meeting has been adjourned for the purpose of taking a poll, the Seanad returning officer shall take the poll in accordance with the following provisions: (a) the poll shall be taken on the day and at the time and place to which such meeting was adjourned, and shall be deemed to be a continuation of such meeting; (b) the Seanad returning officer shall make available at the said place a suitable room for taking the poll and shall provide therein such ballot boxes, desks, and other furniture as he considers necessary and shall also provide a sufficient number of ballot papers; (c) the Seanad returning officer and his assistants and the persons named in the electoral roll constituted for such meeting under section 60 of this Act, and no other person, may be present at the taking of the poll; (d) at the said time to which such meeting was adjourned the Seanad returning officer shall open the poll and at the expiration of one hour from that time he shall close the poll; (e) a person shall not be entitled to receive a ballot paper unless or until he has, either at the meeting before the adjournment thereof or at the taking of the poll, signed his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances; (f) a person in giving his vote must place on the ballot paper the figure 1 opposite the name of the person for whom he votes, and he may in addition place on the ballot paper the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of other persons in the order of his preference; (g) any ballot paper— (i) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference, or (ii) on which the figure 1 standing alone indicating a first preference is set opposite more than one name, or (iii) on which the figure 1 standing alone indicating a first preference and some other number is set opposite a name, shall be invalid and shall not be counted; (h) the Seanad returning officer shall take all such steps as he considers proper or expedient for preserving the secrecy of the voting at the poll; (i) every question which arises at or in relation to the taking of the poll shall be decided by the Seanad returning officer and his decision on any such question shall be final and unappealable; (j) at the close of the poll, the Seanad returning officer shall ascertain, in accordance with this Act and, in particular, the rules contained in the Second Schedule

to this Act, the result of the poll and shall announce such result to the candidates then present (if any); (k) the Seanad returning officer and his assistants and the candidates (or their duly appointed representatives), and no other person, shall be entitled to be present at the ascertainment of the result of the poll.

Certificate of provisional election.

Section 63

63.—(1) If, at the expiration of one hour from the commencement of the proceedings at a nomination committee (bye-election) meeting, one person and no more has been duly nominated, the Seanad returning officer shall make and sign a certificate (in this Act referred to as a certificate of provisional election) in the prescribed form stating the name, address and description of such person.

The ruling upon nomination for nominating bodies sub-panel casual vacancy.

Section 64

64.—(1) Where a Seanad bye-election order relates to a nominating bodies sub-panel casual vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by such order for the ruling upon nomination, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nomination) at which he shall rule upon the nomination stated in the certificate of provisional election.

Procedure on failure to obtain nomination.

Section 65

65.—(1) Where the Seanad returning officer reports to the Minister— (a) that a nomination committee bye-election meeting has terminated because no person has been duly nominated thereat, or (b) that he has rejected a nomination at a ruling upon nomination held in pursuance of this Chapter, the Seanad bye-election order in pursuance of which such meeting or ruling was held and all proceedings had in pursuance of such order shall become and be null and void and such order shall be deemed for the purposes of this Act never to have been made, and the Minister shall make a new Seanad bye-election order in lieu thereof.

Chapter III.

Oireachtas Sub-panel Casual Vacancies.

Obligation to hold election to fill Oireachtas sub-panel casual vacancy.

Section 66

66.—Where the Minister makes a Seanad bye-election order in respect of a casual vacancy in the membership of Seanad Eireann which is stated in such order to be a vacancy in respect of the Oireachtas sub-panel of a particular panel, the Seanad returning officer shall hold, in accordance with this Chapter, an election to fill the vacancy and shall for that purpose send to the Clerk of Dáil Eireann a copy of the Seanad bye-election order together with such number of forms of nomination paper as such Clerk may reasonably require.

Nomination of candidates for Oireachtas sub-panel casual vacancy.

Section 67

67.—(1) The following provisions shall have effect in relation to the nomination of candidates at an election to fill an Oireachtas sub-panel casual vacancy: (a) a nomination shall be made in writing on a nomination paper in the prescribed form; (b) a nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein, and in particular, a statement of the qualifications of the person thereby nominated for the panel mentioned in the relevant Seanad bye-election order; (c) a nomination paper shall be signed by one member of the Oireachtas as proposer and by eight other members of the Oireachtas as assenting to the nomination; (d) a nomination paper shall be delivered or sent by post to the Seanad returning officer.

The ruling upon nomination for Oireachtas sub-panel casual vacancy.

Section 68

68.—(1) Where a Seanad bye-election order relates to an Oireachtas sub-panel casual vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by the order for the ruling upon nomination, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nomination) at which he shall rule upon the nominations in respect of which nomination papers were received by him before twelve o'clock noon on the day appointed by the order to be the last day for receiving nominations.