Seanad Electoral (Panel Members) (Bye-Elections) Act , 1940

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940.

2 The Principal Act.

2.—(1) In this Act the expression “the Principal Act” means the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937).

(2) This Act shall be construed as one with the Principal Act and accordingly (save as is otherwise provided by this Act) every word or expression to which a particular meaning is assigned by or in the Principal Act for the purposes of that Act shall, in this Act, have the meaning so assigned to it.

3 Definitions.

3.—In this Act—

the expression “Seanad bye-election” means an election under this Act;

the word “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 under the Principal Act at the next preceding Seanad election or was elected at a Seanad bye-election since such next preceding Seanad election;

the expression “nominating bodies sub-panel vacancy” means a vacancy occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad 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 election;

the expression “Dáil sub-panel vacancy” means a vacancy occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad election from a Dáil 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 election.

4 Application of certain sections of the Principal Act.

4.—(1) The expression “Seanad election” wherever it occurs in section 5 of the Principal Act shall include an election under this Act, and that section shall apply and have effect accordingly.

(2) The expression “this Act” where it occurs in section 7 or in section 8 of the Principal Act shall include this present Act, and those sections shall be construed and have effect accordingly.

5 Notice of a vacancy.

5.—(1) Whenever a 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 vacancy) in writing of such vacancy.

(2) Every notice of a vacancy shall state, in respect of the member whose death, resignation, or disqualification occasioned the vacancy, the panel and sub-panel from which such member was elected at the next preceding Seanad election or, if such member was elected at a Seanad bye-election, the panel and sub-panel from which the member whose place he was so elected to fill (whether directly or indirectly) was elected at the next preceding Seanad election.

(3) Every vacancy which occurred in the membership of Seanad Eireann after the Seanad election next preceding the passing of this Act and before such passing shall be deemed, for the purposes of this Act, to have occurred immediately after such passing.

6 Bye-election orders.

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

(2) Where the vacancy in respect of which a bye-election order is made is a nominating bodies sub-panel vacancy, the bye-election order shall appoint—

(a) the place at which the nominating meeting will be held and the time at which it will commence, and

(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nominations, and

(c) the address of the Seanad returning officer.

(3) Where the vacancy in respect of which a bye-election order is made is a Dáil sub-panel vacancy, the bye-election order shall appoint—

(a) the day which will be the last day for receiving nominations, and

(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nominations, and

(c) the day which will be the day of issue of ballot papers, and

(d) the day and hour of the close of the poll, and

(e) the address of the Seanad returning officer.

(4) Every bye-election order shall be published in the Iris Oifigiúil as soon as may be after it is made.

7 Effect of a dissolution of Dáil Eireann.

7.—(1) Whenever a dissolution of Dáil Eireann takes place after a notice of a vacancy has been received by the Minister and before a bye-election order has been made in respect of such vacancy, such notice shall become and be annulled by such dissolution and, notwithstanding anything contained in this Act, no bye-election order shall be made in respect of such vacancy.

(2) Whenever a dissolution of Dáil Eireann takes place after a bye-election order has been made and before the election in pursuance of such order has been completed, such order shall become and be annulled by such dissolution and no further steps shall be taken in respect of such order, but such annulment shall not prejudice or affect the right of the Seanad returning officer to be paid under section 5 of the Principal Act his reasonable charges and expenses in respect of his services rendered and expenses incurred in relation to such election before such dissolution.

8 Provision applicable where more than one vacancy.

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

PART II. Nominating Bodies Sub-panel Vacancies.

9 Nominating committees.

9.—(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 nominating committee for that panel.

(2) Every nominating body which is for the time being registered in the register of nominating bodies shall be entitled to appoint three members of the nominating committee for the panel in respect of which such nominating body is so registered.

(3) The Seanad returning officer shall establish as soon as may be after the passing of this Act and shall thereafter maintain a register of the several nominating committees and of the members thereof respectively and such register shall be conclusive evidence of the membership of every such committee.

(4) Every register maintained under the next preceding sub-section of this section of the members of a nominating committee shall state, in respect of every such member, his postal address as stated in his appointment or as subsequently communicated by him under this Act, and every notice required by this Act to be sent by the Seanad returning officer to any such member shall be sent by prepaid post addressed to him at his postal address as so stated in such register.

10 Appointment of members of nominating committees.

10.—(1) Every nominating body which is registered in the register of nominating bodies at the passing of this Act shall, as soon as may be after such passing, appoint three persons to be members of the nominating committee for the panel in respect of which such nominating body is so registered.

(2) Every body which becomes, after the passing of this Act, registered as a nominating body in the register of nominating bodies shall, as soon as may be after it becomes so registered, appoint three persons to be members of the nominating committee for the panel in respect of which such body is so registered.

(3) It shall be the duty of every nominating body for the time being registered in the register of nominating bodies to maintain at three the number of members appointed by it to the appropriate nominating committee, and for that purpose every such nominating body is hereby empowered and required to fill with all convenient speed every vacancy which occurs amongst the members appointed by it to such nominating committee.

(4) Every appointment and every revocation of the appointment of a member of a nominating committee by a nominating body shall—

(a) be made in writing, and

(b) if such nominating body is a body corporate, have the seal of such body affixed thereto in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of such body or, if such nominating body is not a body corporate, be signed in the name of such nominating body by some person having authority to sign in that name, and

(c) in the case of an appointment, state the name, postal address, and description of the appointee and contain a statement, signed by the appointee, that he assents to the appointment, and

(d) in every case, be sent to the Seanad returning officer by such nominating body, and

(e) have effect as from the time at which it is received by the Seanad returning officer.

(5) Any member of a nominating committee may at any time inform the Seanad returning officer in writing of a change in his postal address and thereupon the Seanad returning officer shall enter such change of address in the register of the members of such nominating committee.

11 Tenure of office of members of nominating committees.

11.—(1) A nominating body registered in the register of nominating bodies may at any time revoke any appointment made by it of a member of a nominating committee.

(2) Whenever a nominating body which has appointed members of the nominating committee for a panel ceases to be a nominating body registered in the register of nominating bodies in respect of that panel, the members of the said nominating committee appointed by such nominating body shall cease to be members of that committee.

(3) A member of a nominating 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) his death, or

(b) the revocation under this section of his appointment as such member, or

(c) the nominating body by which he was appointed ceasing to be registered in the register of nominating bodies in respect of the panel for which such nominating committee is maintained.

12 Obligation to hold a nominating meeting.

12.—Whenever the Minister has made a bye-election order in respect of a vacancy in the membership of Seanad Eireann which is stated in such 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 nominating meeting) of the nominating committee for the said panel shall be held at the place appointed in that behalf by such bye-election order and shall commence at the time similarly appointed, and the Seanad returning officer shall, not later than five days after the date of such bye-election order, send to every member of such nominating committee a notice in the prescribed form informing him of the said vacancy and of the obligation of such nominating committee to make nominations for filling such vacancy, and also informing him of the place and time so appointed as aforesaid by such bye-election order.

13 Procedure at a nominating meeting.

13.—The following provisions shall apply and have effect in relation to every nominating meeting, that is to say:—

(a) the Seanad returning officer shall preside at the meeting and shall conduct the proceedings thereof;

(b) the Seanad returning officer and his assistants and the members of the nominating committee and no other person may be present at the meeting;

(c) each member of the nominating committee 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 at nominating meetings;

(d) 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 nominating committee;

(e) any member of the nominating committee may, at any time within one hour after the commencement of the meeting, nominate a person for nomination by such nominating committee;

(f) every such 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;

(g) every such nomination shall state the name, address, and description of the person thereby nominated and a statement of the qualifications of such person for the panel for which such nominating committee is the nominating committee;

(h) the Seanad returning officer shall reject any such nomination which appears to him not to be made and completed in accordance with this section;

(i) any such nomination may, at any time within one hour after the commencement of the meeting, be withdrawn by the member who made the same;

(j) the withdrawal of a nomination shall be effected 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 such withdrawal;

(k) 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 nominating committee present;

(l) if, at the expiration of one hour from the commencement of the meeting, more than three 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) for the purpose of taking a poll to determine the order in which the persons so nominated shall be deemed to have been nominated by the nominating committee;

(m) if, at the expiration of one hour from the commencement of the meeting, three persons and no more have 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 nominations in accordance with the subsequent provisions of this Part of this Act;

(n) if, at the expiration of one hour from the commencement of the meeting, no persons or less than three persons have 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.

14 The poll at a nominating meeting.

14.—When a nominating meeting has been adjourned for the purpose of taking a poll, the Seanad returning officer shall take such poll in accordance with the following provisions, that is to say:—

(a) such poll shall be taken 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 shall consider necessary and shall also provide a sufficient number of ballot papers;

(c) the Seanad returning officer and his assistants and the members of the nominating committee and no other person may be present at the taking of the poll or the counting of the votes;

(d) at the said time to which the nominating 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) every member of the nominating committee shall be entitled to vote at the poll, whether he was or was not present at the nominating meeting before the adjournment thereof, but no such member shall be entitled to receive a ballot paper unless or until he has, either at the nominating 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 at nominating meetings;

(f) each member of the nominating committee shall be entitled to vote by one ballot paper only, but may vote by such ballot paper for one, two, or three (but not more than three) candidates;

(g) 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;

(h) every question which shall arise 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;

(i) at the close of the poll the Seanad returning officer shall count the votes and ascertain the result of the poll and shall announce such result to the members (if any) of the nominating committee then present.

15 The certificate of nominations.

15.—(1) If, at the expiration of one hour from the commencement of a nominating meeting, three persons and no more have been duly nominated, the Seanad returning officer shall make and sign a certificate (in this Act referred to as a certificate of nominations) in the prescribed form stating the names, addresses, and descriptions of the said three persons in the alphabetical order of their surnames and, in case of identity of surname, of their other names.

(2) If a nominating meeting is adjourned for the purpose of taking a poll, the Seanad returning officer shall, when the counting of the votes given at such poll has been completed, make and sign a certificate (in this Act also referred to as a certificate of nominations) in the prescribed form stating the names, addresses, and descriptions of the persons who were nominated at the said meeting and showing the order, as ascertained at the said poll in which they are to be deemed to have been so nominated.

(3) The Seanad returning officer shall publish in the Iris Oifigiúil every certificate of nominations made and signed by him in pursuance of this section and shall at the same time publish in the Iris Oifigiúil a notice stating the day and place appointed by the relevant bye-election order for the ruling upon nominations.