Electoral Act , 1992

PART I General

1 Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Electoral Act, 1992.

(2) The Presidential Elections Acts, 1937 to 1986 and Part II insofar as it relates to presidential electors and Part XXIII insofar as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1937 to 1992, and shall be construed together as one Act.

(3) The European Assembly Elections Acts, 1977 to 1986 and Part II insofar as it relates to European electors and Parts III and XXIII insofar as they relate to European elections may be cited together as the European Assembly Elections Acts, 1977 to 1992, and shall be construed together as one Act.

(4) The collective citation “the Referendum Acts 1942 to 1992” shall include Part XXIII insofar as it relates to referenda and the Referendum Acts 1942 to 1992 shall be construed together as one Act.

(5) The Local Elections Acts, 1963 to 1991 and Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections may be cited together as the Local Elections Acts, 1963 to 1992, and shall be construed together as one Act.

(6) This Act, other than this section, shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(7) An order made under subsection (6) shall be laid before each House of the Oireachtas as soon as possible after it is made.

2 Interpretation.

2.—(1) In this Act—

“ballot paper” has the meaning assigned to it by section 88;

“bye-election” means an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution;

“certificate of political affiliation” has the meaning assigned to it by section 46;

“civil servant” and “civil service” have the same meaning, respectively, as in the Civil Service Regulation Act, 1956 as amended by section 17 of the Staff of the Houses of the Oireachtas Act, 1959;

“covering envelope” has the meaning assigned to it by sections 68 and 81;

“Dáil” means Dáil Éireann;

“Dáil election” means an election of a member or members to serve in the Dáil and includes a bye-election as well as a general election;

“Dáil elector” means a person entitled to vote at a Dáil election;

“the Defence Forces” has the meaning assigned to it by section 2 of the Defence Act, 1954;

“election”, except where the context otherwise requires, means a Dáil election;

“elector”, except where the context otherwise requires, means a Dáil elector;

“European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986;

“European election” means an election in the State of members to the European Parliament and “European elector” means a person entitled to vote at such election;

“European Parliament” means the Parliament of the European Communities;

“excluded day” means a day which is a Sunday, Good Friday or a day which is declared to be a public holiday by the Holidays (Employees) Act, 1973, or a day which by virtue of a statute or proclamation is a public holiday;

“general election” means a general election for members of the Dáil held in accordance with subsection 2 of section 3 of Article 16 of the Constitution;

“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held;

“local election” means an election held pursuant to section 81 of the Electoral Act, 1963, or a new election within the meaning of Part IV of the Local Government Act, 1941;

“local government elector” means a person entitled to vote at a local election;

“Member State” means, except in section 8, a Member State of the European Communities;

“the Minister” means the Minister for the Environment;

“national of a Member State”, except in section 8, has the meaning assigned to it in the treaties governing the European Communities;

“notice of election” has the meaning assigned to it by section 44;

“notice of poll” has the meaning assigned to it by section 87;

“the official mark” has the meaning assigned to it by section 89;

“personation agent” has the meaning assigned to it by section 60;

“petition” means a petition presented to the High Court under this Act;

“postal voter” means a person whose name is entered in the postal voters list;

“postal voters ballot box” has the meaning assigned to it by section 69;

“postal voters list” means the list prepared pursuant to section 14;

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

“presidential elector” has the meaning assigned to it by section 7;

“the quota” has the meaning assigned to it by section 120;

“Seanad” means Seanad Éireann;

“special voter” means a person whose name is included in the special voters list;

“special voters list” means the list of voters prepared by the registration authority pursuant to section 17;

“the treaties governing the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986.

(2) In this Act—

(a) a reference to a Part, section, Schedule or part of a Schedule is to a Part or section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3 Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act as prescribed.

(2) Every regulation made under this Act (other than regulations made under section 20) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4 Expenses.

4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by section 57 or are otherwise so incurred in relation to a Dáil election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.

5 Repeals.

5.—The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule.

PART II Franchise and Registration of Electors

6 Interpretation (Part II).

6.—In this Part, and in the Second Schedule—

“constituency” means, as the context may require, a constituency for which candidates may be elected at a Dáil election or a European election;

“Dáil constituency” means a constituency for which candidates may be elected at a Dáil election;

“elector” means, as the context may require, a presidential elector, a Dáil elector, a European elector or a local government elector;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district and the commissioners of a town;

“medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978;

“polling district” means a polling district in a scheme in force under section 28;

“the register” means, as the context may require, the register of presidential, Dáil, European and local government electors or the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors and, where the context so requires, includes the supplement to the register, the postal voters list and the special voters list;

“registration area” means an administrative county or county borough;

“registration authority” means the council of a county or the corporation of a county borough;

“the county registrar” means the county registrar for the county, county borough or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of the Second Schedule to perform the duties of a county registrar;

“qualifying date” has the meaning assigned to it in section 11 (2);

“the specified date” means, in relation to any purpose, the date specified in the Second Schedule as the specified date for that purpose.

7 Registration of presidential electors.

7.—(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) For the purposes of—

(i) the Presidential Elections Acts, 1937 to 1992,

(ii) the Referendum Acts, 1942 to 1992, and

(iii) this Act,

“presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland.

(3) In the Presidential Elections Acts, 1937 to 1992 “elector”, when used alone, means a person described in subsection (1).

8 Registration of Dáil electors.

8.—(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of eighteen years and he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) (a) In addition to those entitled to be registered under subsection (1) a person shall be entitled to be registered as a Dáil elector in a constituency if he is a person who has reached the age of eighteen years and who on the qualifying date—

(i) complied with the requirement of subsection (1) (b), and

(ii) was either—

(I) a British citizen, or

(II) a national of a Member State to which this subsection applied on that date.

(b) This subsection applies to a Member State which is for the time being the subject of a declaration under subsection (3).

(3) Where the Minister is of opinion that—

(a) the law of a Member State relating to the election of members of, or deputies or other representatives in or to, the National Parliament of that Member State enables citizens of Ireland, by reason of their being such citizens and being resident in that Member State, to vote at such an election, and

(b) the provisions of that law enabling citizens of Ireland who are so resident so to vote are the same, or are substantially the same, as those enabling nationals of that Member State so to vote,

the Minister may by order declare that Member State to be a Member State to which subsection (2) applies.

(4) (a) The Minister may by order specify criteria or other matters to which regard shall be had in order to determine whether or not a person is for the purpose of this section a national of a Member State and such order may provide that the provisions of the order shall relate to all Member States or to such one or more Member States as are specified in the order.

(b) An order under this subsection may amend the definition of “a British citizen” in paragraph (a) of subsection (7) or the provisions of paragraph (b) of the said subsection (7).

(c) In this subsection—

“Member State” means a Member State of the European Communities other than the State;

“national of a Member State” shall not be construed as referring to the State, or as including a citizen of the State.

(5) Where—

(a) an order under subsection (4) is for the time being in force, and

(b) a Member State to which the order applies is for the time being a Member State to which subsection (2) applies,

clause (II) of subsection (2) (a) (ii) shall be construed and have effect subject to the provisions of the order.

(6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection).

(b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(7) (a) Subject to subsection (4), in this section—

“a British citizen” means a person who under the Act of the British Parliament entitled the British Nationality Act 1981 is a British citizen;

“Member State”, except in subsection (4), means a Member State other than the State or the United Kingdom;

“national of a Member State”, except in subsection (4), shall not be construed as referring to the United Kingdom or as including a British citizen.

(b) The reference in paragraph (a) to the Act of the British Parliament mentioned in that paragraph is a reference to that Act as enacted by that Parliament on the 30th day of October, 1981.

9 Registration of European electors.

9.—A person shall be entitled to be registered as a European elector in a constituency if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either—

(a) a citizen of Ireland, or

(b) a national of a Member State other than the State.

10 Registration of local government electors.

10.—A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age ofeighteen years and he was, on the qualifying date, ordinarily resident in that area.

11 General provisions relating to the registration of electors.

11.—(1) (a) A person shall not be registered as an elector more than once in any registration area nor in more than one such area.

(b) Where it appears that a person may, prima facie, be eligible for registration in respect of two or more premises, the question of which of such premises he shall be registered for shall, subject to any expression of choice by such person, be determined by the registration authority.

(c) Where the premises referred to in paragraph (b) are situated in two or more registration areas, the registration authority for each such area shall take such steps as it considers necessary to ensure that the person is not registered in respect of more than one such registration area.

(d) The provisions of sections 7, 8, 9 and 10 shall have effect subject to the provisions of this subsection.

(2) (a) The qualifying date for every register of electors shall be the date specified for that purpose in the Second Schedule.

(b) For the purposes of this Part, a person's age shall be taken to be that person's age on the date specified for that purpose in the Second Schedule.

(3) For the purposes of this Part—

(a) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up,

(b) a written statement by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be accepted as a correct statement.

(4) (a) Where an elector who is a whole time member of the Defence Forces is resident in any barrack or other premises used for military purposes and there are premises in which he would, but for his service, be ordinarily resident on the qualifying date and, not later than the last day for making claims for registration, he furnishes to the registration authority for the registration area in which the last-mentioned premises are situate, a statement of such premises the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises.

(b) (i) In this subsection “a whole time member of the Defence Forces” means—

(I) a member of the Permanent Defence Force, or

(II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954, or

(III) a reservist called out on permanent service.

(ii) In the foregoing subparagraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954.

(5) Where on the qualifying date, a person is detained in any premises in legal custody, he shall be deemed for the purposes of this section to be ordinarily resident in the place where he would have been residing but for his having been so detained in legal custody.

(6) Where on the qualifying date, a person is a patient or inmate in any hospital or home for persons suffering from mental disability or similar institution, he shall be deemed for the purposes of this section to be ordinarily resident in—

(a) in case the place where he would have been residing but for his having been such a patient or inmate can be ascertained by the registration authority — that place,

(b) in case the place mentioned in paragraph (a) cannot be ascertained by the registration authority — the place where he last resided before he became such a patient or inmate.

12 Certain persons deemed to be ordinarily resident in the State.

12.—(1) In this section—

“appropriate registration authority” means the registration authority for the area in which the premises referred to in subsection (3) (a) are situate;

“qualified person” means a citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a mission and who, for the time being, because of the requirements of his duties, is serving outside the State;

“member of a mission” means a person—

(a) falling within the definition of “members of the mission” contained in the Vienna Convention on Diplomatic Relations done at Vienna on the eighteenth day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967, or

(b) falling within the definition of “members of the consular post” contained in the Vienna Convention on Consular Relations done at Vienna on the twenty-fourth day ofApril, 1963, as set out in the Second Schedule to the said Act, or

(c) who is a member of a Permanent Mission of Ireland to an international organisation;

“spouse” means a person who is the spouse of a qualified person and is a citizen of Ireland and has reached the age of 18 years and is residing with the qualified person outside the State.

(2) A person, who satisfies the appropriate registration authority that he is a qualified person, and the spouse of such person shall, for the purposes of this Part be deemed to be ordinarily resident on the qualifying date in the premises in the State in which, but for the requirements of his duties, the qualified person would be resident.

(3) A qualified person may, not later than the date specified for that purpose in the Second Schedule, send to the appropriate registration authority a statement in the form directed by the Minister providing the following information—

(a) the address of the premises in the State in which, but for the requirements of his duties, he would be resident on the qualifying date; and

(b) particulars of his spouse (if any).

(4) Every statement by a person pursuant to subsection (3) shall be accompanied by a certificate in the form directed by the Minister from the Secretary of the Department of Foreign Affairs certifying that such person is a qualified person.

(5) A statement by a qualified person as to the premises in the State in which he would be resident on the qualifying date shall, in the absence of evidence to the contrary, be accepted as a correct statement, and he and his spouse (if any) shall be registered in respect of those premises.

(6) A person who submits a statement to a registration authority pursuant to subsection (3) shall supply to the registration authority any information which such registration authority may require for the purposes of this section and the provisions of section 133 (1) shall apply to a requirement by a registration authority under this section.

13 The register of electors.

13.—(1) A register by reference to registration areas consisting of administrative counties and county boroughs shall be prepared and published in every year of persons who were entitled to be registered as electors on the qualifying date and, in so far as it relates to presidential electors, it shall be the register of presidential electors, in so far as it relates to Dáil electors, it shall be the register of Dáil electors, in so far as it relates to European electors, it shall be the register of European electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors.

(2) Every register of electors shall come into force on the date specified for this purpose in the Second Schedule and shall remain in force until the day before the date on which the next register comes into force.

(3) A reference in any existing enactment (other than this Act) to the electors lists shall, as the case may require, be construed as areference to the draft register prepared for the purposes of this Part, or the electors lists prepared, under section 16, by a registration authority the subject of a direction under that section.

(4) For the purposes of subsection (3) “existing enactment” means an enactment in operation at the time of the passing of this Act.

14 Entry of names in postal voters list.

14.—An elector shall be entered in the postal voters list if he is—

(a) a member of the Garda Síochána who not later than the last day for making claims for registration applies to be so entered, or

(b) a whole time member of the Defence Forces (as defined in paragraph (b) of subsection (4) of section 11), or

(c) a person who is deemed by virtue of section 12 to be ordinarily resident in premises in the State on the qualifying date.

15 Supplement to the register of electors.

15.—(1) A person who, on the qualifying date in respect of a register of electors, was entitled to be registered as an elector, but was not so registered in that register, may apply to the registration authority to have his name entered in a supplement to the register which the registration authority is hereby empowered to prepare and publish.

(2) The provisions of Part II of the Second Schedule shall apply to—

(a) consideration of applications under subsection (1) by the registration authority and the ruling on such applications by the registration authority,

(b) the ruling on an appeal against the decision of the registration authority, and

(c) the preparation and publication by the registration authority of a supplement to the register of electors.

(3) The registration authority shall, within the period after the publication of the register of electors specified for that purpose in the Second Schedule, ascertain if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions and, if any such corrections are ascertained to be necessary, the registration authority shall publish a list of them and such list shall be deemed to form part of the register of electors and may form part of any supplement prepared pursuant to subsection (1).

(4) A supplement to the register of electors published by the registration authority under subsection (1) shall be deemed to form part of the register of electors.

(5) An application by a person to have his name entered in the supplement to the register, received by the registration authority on or after the twelfth day (disregarding any excluded day) before polling day at an election or referendum shall not have effect in relation to that election or referendum.

16 Electors lists to replace draft register in the case of specified registration authorities.

16.—(1) The Minister may, by direction, specify a registration authority or registration authorities which shall publish electors lists in place of the draft register referred to in rule 5 (6) of Part I of the Second Schedule.

(2) The electors lists shall consist of—

(a) the register of electors in force at the time of publication of the electors lists (in this Act referred to as List A),

(b) a list (in this Act referred to as List B) of persons entitled on the qualifying date to be registered as electors in respect of particular premises and whose names are not included in List A in respect of such premises, and

(c) a list (in this Act referred to as List C) of persons whose names appear on List A, and who, on the qualifying date were not entitled to be registered as electors in respect of the premises stated in List A.

(3) The Minister may give a direction under this section as often as he thinks fit.

(4) (a) The Minister may amend or revoke a direction under this section.

(b) Without prejudice to the generality of paragraph (a), a direction under this subsection may provide for the discontinuance of the publication of electors lists by a registration authority the subject of a direction under subsection (1), and for the publication by that registration authority of a draft register.

(5) Where a direction under subsection (1) is in force in respect of a registration authority, a reference in this Act or in any other enactment to the draft register shall be construed as a reference to electors lists insofar as it applies to the said registration authority.

17 Special voters list.

17.—(1) The registration authority shall prepare a list (in this Act referred to as the “special voters list”) of persons (in this Act referred to as “special voters”) entitled to vote at a Dáil election in accordance with the provisions of Part XIV or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986 without removing the names of the special voters from the register of electors.

(2) The registration authority shall enter in the special voters list the name of every elector who applies to be so entered and who satisfies the registration authority that—

(a) he is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability; and

(b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a special voter is made.

(3) The special voters list shall be in such form as the Minister may direct.

(4) Part III of the Second Schedule shall apply to an application to be entered in the special voters list pursuant to subsection (2).

18 Issuing of instructions.

18.—(1) The Minister may, whenever he thinks proper so to do, issue to all or any registration authorities or authority such instructions in relation to the registration of electors as he shall consider necessary or expedient in order to ensure the smooth and efficient registration of electors and to secure uniformity of procedure in regard thereto in all registration areas.

(2) Subject to subsection (3), it shall be the duty of every registration authority to observe and comply with all instructions given to them by the Minister.

(3) No registration authority shall be required or authorised by an instruction given by the Minister under this section to do any act (whether of commission or omission) which is contrary to this Act.

19 Entry in register of name of revised constituency.

19.—Where by reason of a revision of constituencies, a polling district or part of a polling district is situate in a new constituency, which is identical in area and name with none of the constituencies existing immediately before such revision, the Minister may by direction provide for the entry of the name of that new constituency in respect of the polling district or the part of the polling district in the register of electors in force at the time of the revision and in every such register coming into force subsequent to such revision.

20 Registration duties.

20.—(1) It shall be the duty of each registration authority to prepare and publish the register of electors in accordance with the provisions of the Second Schedule.

(2) The Minister may, by regulations, amend the provisions of the Second Schedule whenever and as often as he thinks fit.

(3) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(4) (a) The Minister shall procure all printing or other reproduction required for registration purposes to be done in such manner as he considers proper.

(b) The Minister may, by arrangements made with the sanction of the Minister for Finance, secure that three quarters of the total cost of preparing and publishing the register of electors shall be borne by the State and, subject to the foregoing, the cost shall be borne by registration authorities.

(5) (a) Notwithstanding the provisions of paragraph (b) of subsection (4), where, in the opinion of the Minister, there are reasonable grounds for doing so, he may cause a greater proportion of the total cost of preparing and publishing the register to be borne by a registration authority than provided for in the said paragraph (b).

(b) Without prejudice to the generality of paragraph (a), the Minister may under this subsection cause a greater proportion of the cost of preparing and publishing the registerto be borne by the registration authority than that provided for under subsection (4) if in his opinion—

(i) there is undue delay attributable to the registration authority in the publication of the draft register or the register or the list of claims, or

(ii) there are deficiencies attributable to the registration authority in the register.

(c) Where the Minister proposes under this subsection to cause a greater proportion of the cost of preparing and publishing the register to be borne by the registration authority than provided for under subsection (4), he shall cause the reason for doing so to be furnished to the registration authority.

21 Appeals.

21.—(1) An appeal shall lie to the Circuit Court from any decision on any claim or objection which has been considered under Part I of the Second Schedule, or any application or objection which has been considered under Part II of the said Second Schedule.

(2) Subsection (1) shall be subject to the proviso that an appeal shall not lie where a claimant or objector or applicant has not availed himself of an opportunity provided in the Second Schedule of having his claim or objection or application decided in the first instance by the authority specified in that behalf in the said Schedule.

(3) An appeal to the Supreme Court shall lie on any point of law from a decision of the Circuit Court on any such appeal, but, save as aforesaid, there shall be no appeal from any such decision.

(4) The right of voting of any person whose name is for the time being on the register of electors shall not be prejudiced by an appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision on the appeal.

(5) Notice shall be sent to the registration authority in manner provided by rules of court of the decision of the Circuit Court or the Supreme Court on any appeal under this section, and the registration authority shall make such alterations in the register of electors as may be required to give effect to the decision.

22 Amendment of section 40 of Court Officers Act, 1926.

22.—Section 40 (6) of the Court Officers Act, 1926, as amended by section 7 (7) of the Electoral Act, 1963, is hereby amended by the substitution for “under the regulations made pursuant to section 7 of the Electoral Act, 1963” of “pursuant to the Second Schedule to the Electoral Act, 1992”.

23 Amendment of section 1 of European Assembly Elections Act, 1977.

23.—Section 1 of the European Assembly Elections Act, 1977, as amended by section 23 of the Electoral (Amendment) (No. 2) Act, 1986, is hereby amended by the substitution for the definition of “the postal voters list” of the following definition:

“‘the postal voters list’ means the list prepared pursuant to section 14 of the Electoral Act, 1992;”.

24 Amendment of Electoral (Amendment) (No. 2) Act, 1986.

24.—(1) Section 1 of the Electoral (Amendment) (No. 2) Act, 1986, is hereby amended by the substitution for the definition of “special voters list” of the following definition:

“‘special voters list’ means the list of voters prepared by the registration authority pursuant to section 17 of the Electoral Act, 1992.”.

(2) Section 16 (1) of the Electoral (Amendment) (No. 2) Act, 1986, is hereby amended by the substitution for “section 15 of this Act” of “section 12 of the Electoral Act, 1992”.

PART III Registration of Political Parties

25 Register of political parties.

25.—(1) (a) The person who for the time being holds the office of Clerk of the Dáil shall be the Registrar of Political Parties for the purposes of this section.

(b) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall act as Registrar of Political Parties for the purposes of this section.

(c) In the subsequent subsections of this section, “the Registrar” means the Registrar of Political Parties for the purposes of this section or the Clerk-Assistant of the Dáil acting as such Registrar (as may be appropriate).

(2) A political party may apply to the Registrar to be registered in the Register of Political Parties as a party—

(a) organised in the State to contest a Dáil election or a European election or a local election, or

(b) organised in a part of the State specified in the application to contest a Dáil election or a European election or a local election.

(3) The Registrar shall prepare and maintain a register (to be known as the Register of Political Parties) in which, subject to the subsequent provisions of this section, he shall register any political party—

(a) which applies to him for registration, and

(b) which is in his opinion—

(i) a genuine political party, and

(ii) organised in the State or a part thereof to contest a Dáil election or a European election or a local election.

(4) The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein—

(a) the name of the party,

(b) the address of the party's headquarters,

(c) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidature of candidates of the party at elections,

(d) the type or types of election for which the party is registered as being organised to contest,

(e) where a party is registered as organised to contest an election in a particular part of the State, a reference to that fact.

(5) Where a party which is registered in the Register of Political Parties as a party organised to contest a European election satisfies the Registrar that a member of the party who is a representative in the European Parliament is a member of a political group formed in accordance with the rules of procedure of the Parliament, the Registrar shall note on the Register, in relation to the party, the name of the group.

(6) A political party shall not be registered in the Register of Political Parties if its name—

(a) is identical with the name of any party already registered in the Register of Political Parties or, in the opinion of the Registrar, so nearly resembles such name as to be calculated to mislead, confuse or deceive,

(b) is, in the opinion of the Registrar, unduly long, or

(c) in the case of a party operating in relation to a particular part only of the State, does not include such reference to that part as, in the opinion of the Registrar, distinguishes the party as so operating.

(7) A political party registered in the Register of Political Parties shall from time to time keep the Registrar informed as to the name or names of the officer or officers referred to in paragraph (c) of subsection (4).

(8) The Registrar shall, with respect to each party registered in the Register of Political Parties, inquire in writing at least once in each year from an officer of the party referred to in paragraph (c) of subsection (4), whether the party desires to remain registered and, unless he receives an affirmative reply to such an inquiry within twenty-one days from the date of the making of such inquiry, he shall cancel the registration of the party concerned.

(9) (a) As soon as he has considered an application for registration under this section the Registrar shall notify the applicant of his proposed ruling on the application (stating reasons in the case of refusal) and shall cause notice thereof to be published in the Iris Oifigiúil and any person aggrieved by the proposed ruling of the Registrar may appeal to an appeal board under this section within the five days next following the date of publication of the said notice in the Iris Oifigiúil.

(b) Where no appeal is made under this subsection within the period specified in paragraph (a) the proposed ruling shall thereupon become final and the Registrar shall notify the applicant accordingly.

(c) The appeal board shall consist of a Judge of the High Court (to be nominated by the President of the High Court),who shall be chairman, the Chairman of the Dáil (or where he is unable, through illness, absence or other cause to fulfil his duties or the office of Chairman is vacant, the Deputy Chairman of the Dáil) and the Chairman of the Seanad (or where he is unable, through illness, absence or other cause to fulfil his duties or the office of Chairman is vacant, the Deputy Chairman of the Seanad).

(d) An appeal under this section shall not be considered by the appeal board unless at the time the appeal is made a deposit of £500 is lodged with the appeal board by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the appeal board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited.

(e) A deposit forfeited under this section shall be disposed of in such manner as may be directed by the Minister for Finance.

(f) The decision of the appeal board shall be final and shall be complied with by the Registrar.

(g) An appeal under this section shall be in writing setting out the grounds thereof and shall be made by being lodged together with the deposit referred to in paragraph (d) at the office of the Registrar.

(10) (a) Where it appears to the Registrar that a political party registered in the Register of Political Parties is not entitled to be so registered he shall, following such inquiry as he thinks fit, publish in the Iris Oifigiúil notice of his intention to cancel the registration of the party.

(b) Subsection (9) shall apply to an intention under this subsection in the same way as it applies to a ruling under the said subsection (9).

(c) Where a party is registered in the Register of Political Parties, the registration of the party shall not be affected by any appeal pending under this subsection.

(11) The Registrar shall maintain a copy of the Register of Political Parties at his office and shall permit any person to inspect such copy and to take a copy thereof on payment of a fee not exceeding the reasonable cost of copying at such times and subject to such conditions as the Registrar considers appropriate.

(12) The Registrar may require any person to give any information in his possession which the Registrar may require for the purpose of his duties under this section.

(13) The following provisions shall apply in relation to a party registered in the Register of Political Parties—

(a) where the party is registered as organised to contest a particular type or types of election, the registration shall have effect only in relation to elections of the type or types concerned;

(b) where the name of the party includes a reference which distinguishes the party as operating is a particular partonly of the State, the registration shall have effect only in relation to that part of the State.

(14) On the third day (disregarding any excluded day) after the day of the issuing under section 39 of a writ or writs, the Registrar shall send to the returning officer or each returning officer a copy of the Register of Political Parties then in force.

(15) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this section.

(16) The Register of Political Parties in force at the commencement of this section shall be deemed to be the Register of Political Parties prepared and maintained under this section.

26 Amendment of European Assembly Elections Acts, 1977 and 1984.

26.—(1) The European Assembly Elections Act, 1977 is hereby amended by—

(a) the substitution of “pursuant to section 25 (4) (c) of the Electoral Act, 1992” for “either pursuant to section 13 (3) (c) of the Electoral Act, 1963, or pursuant to that section as applied by section 8 (4) of this Act” in subsection (2) (a) (ii) of section 15 (as amended by section 6 of the European Assembly Elections Act, 1984); and

(b) the substitution of “section 25 (4) (c) of the Electoral Act, 1992” for “section 13 (3) (c) of the Act of 1963 or pursuant to that section as applied by section 8 of this Act” in rule 4 (4) of the First Schedule.

(2) Section 4 of the European Assembly Elections Act, 1984 is hereby amended by the substitution of “pursuant to section 25 (4) (c) of the Electoral Act, 1992” for “either pursuant to section 13 (3) (c) of the Electoral Act, 1963, or pursuant to that section as applied by section 8 (4) of the Principal Act,” in paragraph (a) of subsection (1).

PART IV Polling Districts and Polling Places

27 Interpretation (Part IV).

27.—In this Part “local authority” means the council of a county or the corporation of a county borough.

28 Polling districts and polling places.

28.—(1) Each local authority shall, as soon as may be after the commencement of this Part, and thereafter at least once in every ten years, following consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections, European elections and local elections and appointing a polling place for each polling district.

(2) A scheme under this section made by the local authority shall come into operation—

(a) if, but only if, it is confirmed by the Minister under the next subsection, and

(b) on the day specified in that behalf by the Minister.

(3) As soon as may be after they have made a scheme under this section, the local authority shall submit the scheme to the Minister for confirmation and the Minister shall—

(a) confirm the scheme with or without modification, or

(b) instruct that it be resubmitted to him in a modified form for confirmation, or

(c) refuse to confirm it.

(4) A scheme under this section shall continue in operation until the next such scheme in respect of the county or county borough comes into operation and shall then expire.

(5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or local electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting.

(6) Subject to subsection (7), the making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1991, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(7) The Minister may require a local authority to make a scheme under this section within such period (not being less than one month) as the Minister may direct and if the local authority refuse or fail to make such a scheme within the period directed by the Minister, the Minister may himself make a scheme in respect of such county or county borough.

(8) Until the first scheme under this section comes into operation in relation to a county or county borough, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue. After the coming into operation of the first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section.

(9) Regulations made under section 22 of the Electoral Act, 1963 and in force immediately before the commencement of this Act shall, notwithstanding the repeal of the said section 22, remain in force until regulations are made under subsection (1) and shall be deemed to be regulations made under this section.

(10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations.

29 Temporary arrangements with respect to certain polling districts.

29.—(1) Where, following a revision of constituencies a polling district existing immediately prior to such revision is not wholly situate within a new Dáil constituency, the appropriate officer, after consultation with the returning officer for such Dáil constituency shall, with respect to the part of the polling district situate in the constituency—

(a) join it or parts of it with any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(2) An arrangement made pursuant to subsection (1) shall be subject to confirmation by the Minister (who may confirm the arrangement with or without modification) and shall have effect until (and only until) the first scheme under section 28 in relation to the county or county borough in which the polling district is situate comes into operation after the making of the arrangement and shall not have effect in relation to any bye-election occurring before the dissolution of the Dáil which next occurs after the said revision of constituencies.

(3) In this section “the appropriate officer” means—

(a) in relation to a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office),

(b) in relation to any other polling district, the secretary of the council of the county in which the polling district is situate (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary during his absence or incapacity or during a vacancy in his office), or a person assigned to perform the duties of county secretary under this section.

PART V Returning Officers

30 Returning officers and assistant, deputy and acting returning officers.

30.—(1) In this section “appropriate officer” means—

(a) in relation to the county of Cork, the county of Dublin, the county borough of Cork or the county borough of Dublin, the sheriff, or

(b) in relation to any other county or county borough, the county registrar.

(2) (a) The returning officer for a constituency shall be—

(i) in case the constituency is situate wholly within one county or county borough, the appropriate officer in relation to that county or county borough,

(ii) in any other case, such appropriate officer, in relation to any county or county borough in which any part of the constituency is situate, as the Minister may from time to time appoint to be returning officer.

(b) (i) Where a constituency is not situate wholly within one county or county borough, the returning officer may, in respect of any part of the constituency situate in acounty or county borough in relation to which he is not the appropriate officer, appoint the appropriate officer in relation to that county or county borough to be assistant returning officer for that part of the constituency.

(ii) The returning officer shall exercise the power referred to in subparagraph (i) where the appropriate officer concerned requests him to do so.

(3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall—

(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes,

(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes,

and he may include in any such appointment, if he so thinks proper, an appointment to receive nominations.

(4) The duties of a deputy returning officer appointed under subsection (3) shall include the determination and declaration of the result of the poll and the giving of public notice under section 127 and, if the appointment includes an appointment to receive nominations, shall also include the ruling on nominations and compliance with section 52.

(5) An appointment under subsection (3) may be revoked by the returning officer and, where the appointment is so revoked or the deputy returning officer dies, resigns or becomes incapable of acting during a Dáil election, another deputy returning officer shall be appointed pursuant to and in accordance with the said subsection (3) to replace him.

(6) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy.

(7) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer for the performance of those duties during the period of the prevention.

(8) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to duties of an assistant returning officer, the doubt shall be determined by the Minister.

(9) Any reference in this section to a county shall be construed as a reference to an administrative county.

(10) References in this Act to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers.

(11) An appointment which was in operation immediately before the commencement of this section under subsection (1) of section 11 of the Electoral Act, 1963, shall be deemed to be an appointment under subsection (2) of this section.

31 General duty of returning officer.

31.—It shall be the general duty of the returning officer for each constituency to do all such acts and things as may be necessary for effectually conducting a Dáil election in his constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Clerk of the Dáil a return of the persons elected for the constituency.

32 Payment of returning officers’ expenses.

32.—(1) The Minister for Finance shall prepare a scale of maximum charges for returning officers and every 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 every Dáil election in respect of which he is the returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.

(2) For the purpose of the payment of such charges, an account of them shall be submitted by the returning officer to the Minister for Finance and the Minister for Finance may issue to returning officers directions as to the time when and the manner and form in which the accounts shall be submitted to him.

(3) The Minister for Finance may, if he thinks fit, before payment of a returning officer's charges under this section apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the returning officer and such judge shall tax the account and determine the amount payable thereunder.

(4) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit and on such terms as he thinks fit, make such an advance.

(5) The taxation under this section of the account of a returning officer shall, if the judge aforesaid so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.

PART VI Duration and Membership of Dáil

33 Maximum duration ofDáil.

33.—The same Dáil shall not continue for a longer period than five years from the date of its first meeting.

34 Resignation of membership of Dáil.

34.—Any member of the Dáil may voluntarily resign his membership thereof by notice in writing to the Chairman of the Dáil and such resignation shall take effect upon receipt of the notice by the Chairman who shall as soon as may be inform the Dáil.

35 Person returned for two or more constituencies.

35.—(1) If at an election any person is returned as a member of the Dáil for two or more constituencies, such person shall deliver to the Clerk of the Dáil, before taking his seat for any one of such constituencies, a declaration in writing signed by him stating which one of those constituencies he elects to represent in the Dáil, and if he does not so deliver to the Clerk of the Dáil such declaration in writing not later than 30 days after the first day on which the Dáil sits next after such election he shall be deemed to have elected to represent the constituency in which he received the greatest number of first preference votes.

(2) So soon as a person returned for two or more constituencies elects or is under the foregoing subsection deemed to have elected which of such constituencies he will represent, he shall be deemed to have resigned his seat or seats in each of the other constituencies for which he shall have been so returned.

36 Re-election of outgoing Chairman of Dáil.

36.—(1) Where the Dáil is dissolved and the outgoing Chairman of the Dáil has not announced to the Dáil before the dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution, he shall be deemed without any actual election to be elected at such general election as a member of the Dáil for—

(a) the constituency for which he was a member of the Dáil immediately before the dissolution, or

(b) if a revision of constituencies takes effect on the dissolution—

(i) in case on such revision there is a new constituency which either consists of or includes the constituency referred to in paragraph (a), that new constituency,

(ii) in case on such revision there is not such a new constituency, the constituency specified for the time being in a declaration under this section.

(2) (a) Where, by reason of a revision of constituencies which is to take effect on the dissolution of the Dáil next following the revision, the Chairman of the Dáil may not be deemed under subsection (1) to be elected either for the constituency for which he is a member of the Dáil or for a new constituency described in subparagraph (i) of subsection (1) (b), he shall for the purposes of this section make a declaration specifying a constituency.

(b) A constituency specified in a declaration made under this section shall be a constituency specified in the Act providing for the revision which includes part of the constituency for which the person making the declaration is a member of the Dáil at the time when the declaration is made.

(c) The following provisions shall apply as regards a declaration made under this section:

(i) the declaration, which shall be in writing, shall be addressed to the Clerk of the Dáil,

(ii) the Chairman of the Dáil by whom it is made shall, in such manner as in the particular circumstances heconsiders appropriate, notify the members of the Dáil of the declaration,

(iii) the declaration shall be made,

(I) in case the person by whom it may be made is Chairman of the Dáil at the time at which the Act providing for the revision of constituencies is enacted, as soon as may be after such enactment,

(II) in case the person by whom it may be made becomes Chairman of the Dáil after such Act is enacted, as soon as may be after he becomes Chairman of the Dáil, and

(iv) in case the person by whom the declaration is made ceases to be Chairman of the Dáil before the Dáil is dissolved, the declaration shall cease to have effect.

(3) Where an outgoing Chairman of the Dáil is deemed by virtue of this section to be elected at a general election as a member of the Dáil for a particular constituency, the number of members actually elected at that general election for that constituency shall be one less than would otherwise be required.

(4) In this section “outgoing Chairman of the Dáil” means a person who, immediately before the dissolution of the Dáil in relation to which the expression is used, was the Chairman of the Dáil.

PART VII Method of Election

37 The electoral system.

37.—(1) A Dáil election shall be conducted in accordance with this Act and, in case a Dáil election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.

(2) In this section “transferable vote” means a vote which is—

(a) capable of being given so as to indicate the voter's preference for the candidates in order, and

(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is excluded from the list of candidates.

38 Manner of voting.

38.—(1) Subject to subsections (2) and (3), a person who is entitled to vote at a Dáil election shall be entitled to vote in person only and at the polling station allotted to him or, in case he is authorised under section 99 or 100 by a returning officer, at the polling station specified in the authorisation.

(2) Every Dáil elector whose name is, at the time of a Dáil election, in the postal voters list for a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the returning officer for that constituency and shall not be entitled to vote in any other manner.

(3) Every Dáil elector whose name is, at the time of a Dáil election, in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at such election in accordance with section 82 and shall not be entitled to vote in any other manner.

PART VIII The Writ at a Dáil Election

39 Issue and return of writs.

39.—(1) Where the Dáil is dissolved, the Clerk of the Dáil shall, immediately upon the issue of the Proclamation dissolving the Dáil, issue a writ to each returning officer for a constituency directing him to cause an election to be held of the full number of members of the Dáil to serve in the Dáil for that constituency.

(2) Where a vacancy occurs in the membership of the Dáil by a person ceasing to be a member otherwise than in consequence of a dissolution, the Chairman of the Dáil (or, where he is unable through illness, absence or other cause to fulfil his duties or where there is a vacancy in the office of Chairman, the Deputy Chairman of the Dáil) shall, as soon as he is directed by the Dáil so to do, direct the Clerk of the Dáil to issue a writ to the returning officer for the constituency in the representation of which the vacancy has occurred directing the returning officer to cause an election to be held of a member of the Dáil to fill the vacancy mentioned in the writ.

(3) If at any time there are two or more vacancies in the representation of any constituency in the Dáil and the Clerk of the Dáil is directed on the same day to issue writs for the election of members to fill all or more than one of the vacancies, the Clerk of the Dáil shall issue only one writ to the returning officer for the constituency and shall by the writ direct him to hold one election to fill all the vacancies mentioned in the writ in the representation of the constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in the writ.

(4) (a) The return of a member or members to serve in the Dáil shall be made by a certificate of his name or their names endorsed on the writ for the constituency concerned under the hand of the returning officer.

(b) The returning officer shall as soon as possible after the ascertainment of the result of the election deliver the return to the Clerk of the Dáil and may for that purpose, if he so thinks fit, dispatch it by registered post.

(c) A return so dispatched shall be transmitted to the Clerk of the D áil free of charge by the earliest practicable post.

(5) Where an outgoing Chairman of the Dáil within the meaning of section 36 is deemed by virtue of that section to be elected at a general election as a member of the Dáil—

(a) the writ issued to the returning officer for the constituency for which he is so deemed to be elected shall be so worded that it directs the returning officer to cause an election to be held of one less than the full number of members of the Dáil for the constituency;

(b) at the time of issuing the writ or as soon as may be thereafter, the Clerk of the Dáil shall send to the returning officer and shall publish in the Iris Oifigiúil a certificate certifying that the outgoing Chairman of the Dáil did not announce to the Dáil before the dissolution thereof that he did not desire to become a member of the Dáil at the general election consequent on the dissolution;

(c) the returning officer shall, in the public notice given by him under section 127, include the name of the outgoing Chairman of the Dáil among the names of the candidates elected for the constituency.

(6) (a) A writ issued under this section shall be in the relevant form specified in the Fourth Schedule.

(b) Where a writ is dispatched by registered post to the returning officer, it shall be transmitted free of charge by the earliest practicable post.

(c) The returning officer, immediately after receiving the writ, shall acknowledge its receipt.

(7) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall carry out the duties under this section of the Clerk of the Dáil.

40 Effect of dissolution of Dáil on certain writs.

40.—Where a dissolution of the Dáil takes place after a writ has been issued pursuant to section 39 (2) or (3) directing a returning officer to cause an election to be held and before the return has been made, the writ shall become and be annulled by the dissolution and no further steps shall be taken in respect of the bye-election and the writ shall be returned to the Clerk of the Dáil and any ballot papers used at the bye-election shall be destroyed by the returning officer, but the annulment shall neither prejudice nor affect the right of the returning officer to be paid under this Act his reasonable charges in respect of duties performed in relation to the election before the dissolution.

PART IX Disqualification for Membership of Dáil

41 Disqualification for membership of Dáil.

41.—A person who—

(a) is not a citizen of Ireland, or

(b) has not reached the age of 21 years, or

(c) is a member of the Commission of the European Communities, or

(d) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or

(e) is a member of the Court of Auditors of the European Communities, or

(f) is a member of the Garda Síochána, or

(g) is a wholetime member of the Defence Forces as defined in section 11 (4), or

(h) is a civil servant who is not by the terms of his employment expressly permitted to be a member of the Dáil, or

(i) is a person of unsound mind, or

(j) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or

(k) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,

shall not be eligible for election as a member, or, subject to section 42 (3), for membership, of the Dáil.

42 Cesser of membership of Dáil in certain circumstances.

42.—(1) Subject to subsections (2) and (3), where a member of the Dáil—

(a) incurs an incapacity or disability referred to in section 41, or

(b) is appointed to a post referred to in section 41, or

(c) is appointed under the Constitution as a Judge, or Comptroller and Auditor General,

he shall thereupon cease to be such member and a vacancy shall exist accordingly in the membership of the Dáil.

(2) The registrar of the court by which a sentence referred to in section 41 (j) was imposed on a member of the Dáil or was confirmed on appeal shall notify the Chairman of the Dáil of the imposition or confirmation of the sentence as soon as possible after—

(a) in case no appeal is taken against the conviction or sentence, the expiration of the time limit for taking the appeal,

(b) in case an appeal is taken against the conviction or sentence and the appeal is disallowed or a sentence mentioned in section 41 (j) is imposed on the appeal, the determination of the appeal,

and on receipt of such notification by the Chairman of the Dáil a vacancy shall exist in the membership of the Dáil.

(3) Where a member of the Dáil has been adjudicated bankrupt by a court of competent jurisdiction in the State and within six months of the date of the order of adjudication the said order is not annulled or the person the subject of the order has not obtained a certificate of discharge under section 85 (7) of the Bankruptcy Act, 1988, the Examiner of the High Court shall, as soon as possible after the expiration of the period of six months from the date of the order, notify the Chairman of the Dáil and on receipt of such notification by the Chairman of the Dáil a vacancy shall exist in the membership of the Dáil.

(4) As soon as may be after the receipt of a notification under subsection (2) or (3) the Chairman of the Dáil shall inform the Dáil of such receipt.

43 Candidates at bye-elections.

43.—No member of the Dáil shall, while holding his seat, be eligible to be a candidate at a bye-election to the Dáil.

PART X Nominations

44 Notice of election.

44.—The returning officer shall, within two days (disregarding any excluded day) after the day on which he receives the writ, give public notice in the form directed by the Minister (in this Act referred to as the “notice of election”) stating—

(a) the times for receiving nominations,

(b) the amount of the deposit,

(c) the times and place at which nomination papers may be obtained,

(d) the times and place at which he will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.

45 Necessity for nomination.

45.—A person shall not be entitled to have his name inserted in a ballot paper as a candidate at a Dáil election unless he has been nominated in the manner provided by this Act and his nomination paper has been ruled as valid by the returning officer.

46 Nomination of candidates.

46.—(1) At a Dáil election a person may nominate himself as a candidate or may, with his consent, be nominated by another person (being a person registered as a Dáil elector in the constituency for which he proposes to nominate the candidate) as proposer.

(2) Each candidate shall be nominated by a separate nomination paper in the form prescribed by regulations made by the Minister. The form of nomination paper may include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Dáil,

(b) a form of declaration, to be signed by the candidate or his proposer, that he has read the note referred to in paragraph (a) and believes the candidate to be eligible for election and that the candidate has consented to the nomination.

(3) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.

(4) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties as a party organised to contest a Dáil election of which he is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Act referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officer of such party whosename or names appear in the said Register pursuant to section 25 (4) (c). Where such a certificate is produced, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices.

(5) Where a candidate is not the candidate of a political party registered in the Register of Political Parties as a party organised to contest a Dáil election he shall be entitled to enter after his name on the nomination paper the expression “Non-Party” and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(6) The returning officer shall provide nomination papers during the usual office hours, at such place or places as are named in the notice of election, on each week-day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations and he shall supply a nomination paper or papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this section shall not be obligatory at a Dáil election, provided that the nomination paper used at the election is in the prescribed form.

(7) Every reference in this section to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to section 25 (14).

47 Deposit by candidates.

47.—(1) A candidate at a Dáil election, or someone on his behalf, shall, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of three hundred pounds and if he fails to do so his candidature shall be deemed to have been withdrawn.

(2) The deposit to be made by or on behalf of a candidate pursuant to this section may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

48 Return or disposal of deposit.

48.—(1) The deposit made by or on behalf of a candidate shall be returned where the candidate—

(a) withdraws his candidature in accordance with section 54,

(b) dies before the poll is closed,

(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate,

(d) is elected, or

(e) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one quarter of the quota.

(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.

(3) If a candidate is nominated at an election in more than one constituency, he shall in no case be entitled to have more than one deposit returned and, if but for this subsection he would be entitled under this section to have more than one deposit returned, only such one as the Minister for Finance shall direct of the deposits shall be returned and the other deposit or deposits shall be forfeited.

(4) Where a deposit is to be returned under subsection (1) it shall be returned to the person by whom it was made; provided that a deposit made by a person who dies before the deposit is returned shall be returned to his personal representative.

(5) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.

(6) In this section “personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965.

49 Times for receiving nominations.

49.—The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest date for the publication of the notice of election and the latest time for receiving nominations shall be 12 noon on the ninth day (disregarding any excluded day) next following the day on which the writ or writs for the election is or are issued.

50 Delivery of nomination papers.

50.—(1) Every nomination paper shall be delivered to the returning officer within the times specified in section 49, by the candidate or his proposer.

(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.

(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the notice of election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on the said latest date.

51 Selection of nomination papers.

51.—The returning officer shall number the nomination papers in the order in which they are received by him; and the first valid nomination paper nominating a candidate for election shall be deemed to be the nomination of that candidate for that constituency.

52 Ruling on validity of nomination papers.

52.—(1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him and may rule that it is invalid if, but only if, he considers that it is not properly made out or signed.

(2) The candidate nominated by each nomination paper and his proposer, if any, and one other person designated by the candidate or his proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—

(a) is not a name by which the candidate is commonly known; or

(b) is misleading and likely to cause confusion; or

(c) is unduly long; or

(d) contains a political reference;

and where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to subsection (4) or (5) of section 46. Where the returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(5) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include a statement of his reasons. His decision under this section shall be final subject only to reversal on a petition questioning the election.

(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of his ruling to the candidate.

(7) Every person in respect of whom a nomination paper has, under this section, been determined to be valid and whose candidature is not withdrawn in accordance with section 54 or is not deemed under section 47 (1) or 62 (1) to have been withdrawn shall stand validly nominated as a candidate.

53 Publication of nominations.

53.—The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, cause a notice to be displayed outside the place at which he is receiving nominations stating the name and description of the person nominated in the paper and the name and address of his proposer, if any.

54 Withdrawal of candidature.

54.—(1) A candidate may withdraw his candidature by a notice of withdrawal signed by him and delivered in person by him or by his proposer to the returning officer not later than the hour of 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations.

(2) Where the returning officer is satisfied that a candidate wishes to withdraw his candidature and that the candidate and his proposer are unable to attend, withdrawal may be effected by delivering to the returning officer, not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.

55 Publication of withdrawal.

55.—The returning officer shall, immediately on the delivery to him of a notice of withdrawal under section 54, give public notice of the withdrawal (and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person).

56 Obstruction of nominations.

56.—(1) If the proceedings for or in connection with the nomination of candidates are obstructed by violence the returning officer may adjourn the proceedings to a later hour on the same day or to the next following day (disregarding any excluded day) and, if he so considers it necessary, he may further adjourn the proceedings until such obstruction shall have ceased.

(2) Where any proceedings for or in connection with such nomination are adjourned under this section, the returning officer shall so inform the Minister who may, by order, postpone the latest time for receiving nominations in the constituency for a period equal to the period of such adjournment and appoint the day for the taking of the poll in that constituency. In case the Minister appoints a day under this section the poll shall be taken in the constituency concerned on the day so appointed and the order under section 96 shall, in so far as it relates to the constituency, be construed and have effect as if the day appointed under this section were the day specified in the said order for taking the poll.

57 Candidates entitled to free postage.

57.—(1) Subject to subsections (2) and (4), each candidate at a Dáil election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983, be entitled to send, free of any charge for postage, to each person on the register of Dáil electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.

(2) (a) Where at any Dáil election, any person is a candidate, other than a candidate to whom subsection (4) refers, in more than one constituency he shall not be entitled to exercise the right of free postage conferred by this section in respect of more than one such constituency.

(b) A candidate to whom paragraph (a) applies, or his agent, shall indicate in writing to An Post the constituency in respect of which he wishes to exercise his right to free postage under this section.

(3) A candidate shall not be entitled to exercise the right of free postage conferred by this section before he is validly nominated, unless he has given such security as may be required by An Post for the payment of the postage on all communications sent by him under this section in case he does not eventually become nominated.

(4) Where in a constituency two or more candidates at a Dáil election are candidates of the same political party then for the purposes of this section those candidates shall be regarded as a single candidate.

(5) The Minister may, after consultation with the Minister for Tourism, Transport and Communications and such other persons as he considers appropriate, by order amend the provisions of this section.

(6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection).

(b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

58 Procedure after nominations.

58.—If at 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations—

(a) the number of candidates standing nominated exceeds the number of vacancies to be filled, the returning officer shall adjourn the Dáil election and take a poll in accordance with this Act, or

(b) the number of candidates standing nominated is equal to or less than the number of vacancies to be filled, the returning officer shall forthwith declare the candidates standing nominated to be elected and shall return their names to the Clerk of the Dáil in the manner provided for in section 39 (4) and give public notice in accordance with the provisions of section 127.

PART XI Agents of Candidates

59 Appointment of agents.

59.—(1) A candidate may appoint one election agent to assist him generally in relation to a Dáil election.

(2) A candidate or his election agent may appoint with respect to any polling district in the constituency one deputy agent to assist the candidate in the polling district and to act therein as deputy for the candidate's election agent.

(3) The appointment of an election agent may be revoked by the candidate and the appointment of a deputy agent may be revoked by the candidate or his election agent.

(4) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a Dáil election, another agent may be appointed under this section in his place.

(5) The person by whom an agent is appointed under this section shall immediately after the appointment give written notice of the appointment and of the name and address of the agent to the returning officer.

60 General provisions as to agents.

60.—(1) A candidate or his election agent may appoint agents to be present on the candidate's behalf—

(a) at the issue of ballot papers to postal voters,

(b) in polling stations,

(c) at the opening of the postal ballot boxes, and

(d) at the counting of the votes.

(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer so, however, that the same number shall be allowed on behalf of every candidate.

(3) A candidate or his election agent may appoint one person (in this Act referred to as a “personation agent”) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

(4) An appointment under this section may be revoked by the candidate or his election agent.

(5) A candidate or his election agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the said issue and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.

(6) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every personation agent appointed by the candidate or his election agent together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 (2), and the documents and materials specified in that section have been placed in sealed packets.

(7) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the opening of the postal ballot boxes and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified to him.