Presidential Elections Act , 1937

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Presidential Elections Act, 1937.

2 Commencement.

2.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the People.

3 Definitions.

3.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “presidential election” means an election of a person to the office of President of Ireland;

the expression “the first presidential election” means the first presidential election held after the commencement of this Act;

the expression “ordinary presidential election” means a presidential election held in contemplation of the expiration by effluxion of time of the term of office of the President then holding office;

the expression “extraordinary presidential election” means a presidential election rendered necessary by a vacancy in the office of President occasioned otherwise than by the expiration by effluxion of time of the term of office of a President;

the expression “Dáil election” means an election of members of Dáil Eireann;

the expression “register of electors” means a register of the persons entitled to vote at a Dáil election;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

4 Regulations.

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

5 Expenses.

5.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6 The order appointing days.

6.—(1) Before every presidential election the Minister shall by order (in this Act referred to as the order appointing days) appoint—

(a) the day (in this Act referred to as the last day for receiving nominations) which shall be the last day on which the presidential returning officer may receive nominations for such election, and

(b) the place at which the presidential returning officer will sit to rule upon nominations on the last day for receiving nominations, and

(c) the day (in this Act referred to as the day for withdrawals) on which a candidate may withdraw from his candidature after the close of the ruling upon nominations, and

(d) the place at which the presidential returning officer will sit to receive withdrawals on the day for withdrawals, and

(e) the day (in this Act referred to as the polling day) on which the poll (if any) at such election shall be taken, and

(f) the address of the office of the presidential returning officer to which nomination papers and other communications may be sent to him.

(2) In the case of the first presidential election, the order appointing days shall be made under this section as soon as conveniently may be after the coming into operation of the Constitution, and the days thereby appointed shall be so selected that the election will be completed at such time as will enable the president thereby elected to enter upon his office not later than one hundred and eighty days after the coming into operation of the Constitution.

(3) In the case of an ordinary presidential election, the order appointing days shall be made under this section on or as soon as conveniently may be after the sixtieth day before the expiration of the term of office of the outgoing president, and the days thereby appointed shall be so selected that the election will be completed at such time as will enable the president thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing president.

(4) In the case of an extraordinary presidential election, the order appointing days shall be made under this section as soon as conveniently may be after the cesser of office of the late president, and the days thereby appointed shall be so selected that the election will be completed within sixty days after such cesser of office.

(5) The day for withdrawals shall not be earlier than the second nor later than the seventh day after the last day for receiving nominations.

(6) Every order appointing days shall be published in the Iris Oifigiúil as soon as may be after it is made.

7 The presidential returning officer.

7.—(1) Before every presidential election and not later than the day on which the order appointing days in respect of such election is made, the Minister shall appoint a fit and proper person to be the returning officer (in this Act referred to as the presidential returning officer) for the purposes of such election.

(2) It shall be the duty of the presidential returning officer to conduct the presidential election for the purposes of which he is appointed, to count the votes cast thereat, and to ascertain and declare the result thereof in accordance with this Act, and to do such other things in respect of such election as he is required by this Act to do.

(3) The Minister for Finance shall from time to time prepare a scale of maximum charges for presidential returning officers, and every presidential returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges in respect of his services and expenses in relation to the presidential election for the purposes of which he was appointed, but not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

PART II. Nomination of Candidates.

8 Nominations by members of the Oireachtas.

8.—(1) Every nomination of a candidate at a presidential election which is made by members of the Oireachtas shall be made in accordance with the following provisions, that is to say:—

(a) such nomination shall be made in writing on a nomination paper in the form set out in the Second Schedule to this Act;

(b) every such nomination paper shall state the full name, address, and description of the person thereby nominated and shall also state all such matters as are required by the said form of nomination paper to be stated therein;

(c) every such nomination paper shall be signed by not less than twenty members of the Oireachtas as nominators;

(d) every such nomination paper shall be signed by every of the twenty members of the Oireachtas making a nomination thereby;

(e) every such nomination paper shall be delivered or sent by post to the presidential returning officer.

(2) The presidential returning officer shall furnish free of charge on request a form of nomination paper to any member of the Oireachtas.

(3) The Clerk of Dáil Eireann and the Clerk of Seanad Eireann shall each be entitled to obtain from the presidential returning officer a supply of forms of nomination papers for the use of members of the Oireachtas.

(4) Where a particular member of the Oireachtas signs as a nominator two or more valid nomination papers sent to the presidential returning officer under this section, that one of such valid nomination papers which is first received by the presidential returning officer shall alone be regarded and the other or others of such valid nomination papers shall be disregarded.

9 Nominations by county and county borough councils.

9.—(1) Any council of a county or a county borough may, by resolution of the intention to propose which not less than three clear days notice has been given in writing to every person who, at the time when such notice is given, is a member of such council, resolve to nominate one named person to be a candidate at a presidential election then pending.

(2) No resolution under this section shall be passed before the date of the order appointing days made in respect of the presidential election to which such resolution relates, and no such resolution shall be rescinded.

(3) Every resolution passed under this section by the council of a county or a county borough shall be given effect to by means of a nomination paper in the form set out in the Second Schedule to this Act sealed with the seal of such council and delivered or sent by post to the presidential returning officer.

(4) Every nomination paper sent to the presidential returning officer under this section shall state the full name, address, and description of the person nominated thereby and shall also state all such matters as are required by the said form of nomination paper to be stated therein.

(5) Every nomination paper sent to the presidential returning officer under this section which is regular and valid on its face shall (unless shown to be forged or fraudulent) be conclusive evidence that the resolution mentioned in such nomination paper was duly proposed and passed in accordance with this section on the date stated in that behalf in such nomination paper at a meeting, properly convened and held, of the council whose seal is affixed to such nomination paper.

(6) The presidential returning officer shall furnish free of charge on request a form of nomination paper to any council of a county or a county borough.

(7) Where the presidential returning officer receives from the council of a county or a county borough two or more nomination papers, which are regular on their face and relate to the same election, the following provisions shall have effect, that is to say:—

(a) any two or more of such nomination papers which purport to be made in pursuance of resolutions passed on the same day shall be invalid, and every (if any) of such nomination papers which purports to be made in pursuance of a resolution passed on a subsequent day shall also be invalid;

(b) subject and without prejudice to the provisions of the foregoing paragraph, that one of such nomination papers which purports to be made in pursuance of a resolution earlier in date than any of the resolutions in pursuance of which the others of such nomination papers purport to be made shall alone be regarded and ruled upon at the ruling upon nominations, and the others of such nomination papers shall be invalid.

(8) Four valid nomination papers nominating the same person and each sent to the presidential returning officer in accordance with this section by the council of a different county or county borough and received by the presidential returning officer before twelve o'clock noon on the last day for receiving nominations shall be necessary to constitute a valid and effective nomination by councils of counties or county boroughs of such person as a candidate at a presidential election.

(9) The exercise of the powers conferred by this section on the council of a county borough—

(a) shall, in the case of the county borough of Dublin, be a reserved function within the meaning of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), and

(b) shall, in the case of the county borough of Cork, be a reserved function within the meaning of the Cork City Management Act, 1929 (No. 1 of 1929), and

(c) shall, in the case of the county borough of Limerick, be a reserved function within the meaning of the Limerick City Management Act, 1934 (No. 35 of 1934).

10 Nominations by a former or the retiring president.

10.—(1) Every nomination of himself as a candidate which is made by a former or the retiring president shall be made in writing on a nomination paper in the form set out in the Second Schedule to this Act signed by such former or retiring president and delivered or sent by post to the presidential returning officer.

(2) The presidential returning officer shall furnish free of charge on request a form of nomination paper to any former or the retiring president.

11 Consecutive numbering of nomination papers.

11.—(1) The presidential returning officer shall number consecutively in the order in which they are received by him all nomination papers (whether the same are or are not regular and valid) received by him before twelve o'clock noon on the last day for receiving nominations, and for that purpose he shall, immediately after receiving any such nomination paper, endorse thereon the said consecutive number thereof.

(2) The numbers endorsed on nomination papers by the presidential returning officer in pursuance of this section shall be conclusive evidence of the order in which such papers were received by him.

(3) Whenever the presidential returning officer receives under this Act a nomination paper, he shall forthwith send by post to the candidate named in such nomination paper at the address stated in such nomination paper a notice in writing stating that the presidential returning officer has received a document purporting to be a nomination paper whereby such candidate is nominated (as the case may be) by a named council or by members (who need not be named) of the Oireachtas to be a candidate but the omission of the presidential returning officer to send such notice or the failure of such candidate to receive such notice shall not relieve such candidate from the obligation imposed on him by this Act to attend, either in person or by an authorised representative, during the whole of the ruling upon nominations.

12 The ruling upon nominations.

12.—(1) At twelve o'clock noon on the last day for receiving nominations at a presidential election, the presidential returning officer shall attend at the place appointed in that behalf by the order appointing days and shall there and then do the following things, that is to say:—

(a) produce all nomination papers received by him before twelve o'clock noon on the last day for receiving nominations;

(b) examine and rule upon all such nomination papers in the order in which they were received by him, and ascertain therefrom the persons who are validly nominated and declare such persons to stand nominated as candidates at such election;

(c) if only one person is so declared to stand nominated, declare such person to have been elected as the President and send to the Taoiseach and publish in the Iris Oifigiúil a certificate in the form set out in the Second Schedule to this Act of such election of such person;

(d) if two or more persons are so declared to stand nominated, adjourn the election for the purpose of taking a poll in accordance with this Act.

(2) No nomination paper shall be received by the presidential returning officer after twelve o'clock noon on the last day for receiving nominations.

(3) Where the identity of the person purported to be nominated by a nomination paper is free from doubt, such nomination paper shall not be rejected or declared invalid merely because of an error in, or the incompleteness of, the statement therein of the name, address, or description of such person.

(4) Every question in relation to any nomination paper or the nomination of any candidate or any other matter connected with the nomination of candidates shall either be decided by the presidential returning officer or be referred by him to the judicial assessor under the next following section of this Act, and whenever any such question is decided by the presidential returning officer his decision thereon shall be final, subject only to a reference to the judicial assessor under the said next following section.

(5) The proceedings under this section are in this Act referred to as the ruling upon nominations.

13 The judicial assessor.

13.—(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at the ruling upon nominations and there sit with and act as judicial assessor to the presidential returning officer.

(2) The presidential returning officer may, on his own motion, and shall, if so requested by a candidate or the representative of a candidate, refer to the judicial assessor any question arising during the ruling upon nominations in relation to any nomination paper or the nomination of any candidate or any other matter connected with the nomination of candidates.

(3) The judicial assessor shall there and then decide and announce his decision on every question referred to him under this section by the presidential returning officer.

(4) The decision of the judicial assessor on any question referred to him under this section by the presidential returning officer shall be final and shall not be open to review by any court.

(5) A question may be referred to the judicial assessor under this section whether the presidential returning officer has or has not himself given a decision thereon.

14 Matters open at the ruling upon nominations.

14.—(1) At the ruling upon nominations every question relevant to the nomination of a candidate (including in particular his eligibility for election) shall be open and may be raised by the presidential returning officer or by any other person then present and entitled to take part in the proceedings.

(2) During the ruling upon nominations it shall be lawful for the presidential returning officer or any other person then present and entitled to take part in the proceedings to question the sufficiency or the correctness of the name, address, or description of any candidate as stated on a nomination paper and it shall be lawful for the presidential returning officer or, where the question is referred to the judicial assessor, for the judicial assessor to reject as invalid any nomination paper in which the statement of the name, address, or description of the candidate is, in the opinion of the presidential returning officer or the judicial assessor (as the case may be), misleading, whether by reason of insufficiency or incorrectness.

(3) The presidential returning officer or the judicial assessor (as the case may be) may, for the purpose of deciding any question at issue during the ruling upon nominations receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any party interested in such question, and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.

15 Attendance of candidates at the ruling upon nominations.

15.—(1) Every candidate shall attend, either in person or by an authorised representative, during the whole of the ruling upon nominations and shall furnish (either personally or by his authorised representative) all such information relevant to himself or any nomination paper purporting to nominate him as shall be within his knowledge and shall be reasonably required of him by the presidential returning officer or the judicial assessor.