Electoral Act , 1992

(2) Subject to paragraph (3), a petition shall not be presented save within the twenty-eight days next after the result of the Dáil election is declared by the returning officer.

(3) Where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight days next after the day on which the said payment or consideration is alleged to have been made or to have passed.

(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—

(a) to any person to whose election the petition relates,

(b) to the Minister,

(c) to the Clerk of the Dáil,

(d) to the returning officer for the constituency to which the petition relates, and

(e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.

Grounds for petition.

(a) the Dáil election was affected by error or was not completed or was otherwise not conducted by the returning officer in accordance with law,

(b) the Dáil election was affected by electoral offences,

(c) a candidate at a Dáil election was not eligible for election to the Dáil.

(2) Notwithstanding any other provision of this Schedule, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.

(3) No Dáil election shall be declared invalid by reason of a non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act, or in regulations made thereunder, if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake did not affect the result of the election.

Particulars in petition.

(a) the Dáil election to which it relates,

(b) the grounds on which it is based,

(c) the remedy it seeks,

(d) the name and address of the petitioner and his solicitor or agent, if any.

Trial of petition.

(2) The following provisions shall have effect in relation to the trial of a petition:

(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible;

(b) notwithstanding the death of any person to whose election the petition relates, his resignation as a member of the Dáil or his otherwise ceasing to be such member, the court shall have power to continue the trial if it considers it to be in the interests of justice to do so;

(c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;

(d) the returning officer for the relevant constituency shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.

Counting of votes afresh.

(a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or

(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,

and where the court so orders, the provisions of the following paragraphs shall have effect.

(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3)and (4) and to such modifications (if any) as the court considers necessary, the provisions of Part XIX relating to the counting of votes at an election shall apply to such counting.

(3) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the following to be disregarded:

(a) preferences recorded on ballot papers which are invalid by virtue of section 118 (2),

(b) preferences recorded on forged or counterfeited ballot papers, and

(c) preferences recorded for any person who, with respect to the relevant Dáil election, is found by the court not to have been eligible for election to the Dáil.

(4) The court shall have power to reverse any decision of the returning officer at the original count.

(5) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 32 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Dáil election.

Withdrawal of petition.

(2) Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating—

(a) the reasons for the proposed withdrawal, and

(b) that, to the best of the petitioner's knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Dáil or for any substantial reason not stated in the affidavit.

(3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.

(4) Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (2) together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at, and if he thinks fit, oppose the application.

(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) shall, unless the court otherwise directs, be made by all the petitioners.

(6) The withdrawal of a petition pursuant to this Rule shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Substitution of new petitioner following withdrawal.

(2) In case the court substitutes a petitioner under paragraph (1) and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by section 155 to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.

Substituted petitioners.

(2) In case the court substitutes a petitioner under Rule 9 and does not make a direction under paragraph (2) of that Rule, or in case the court substitutes a petitioner under Rule 11 the security required by section 132 in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in casesuch security is not so given no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Abatement of petition.

(2) The abatement of a petition by virtue of paragraph (1) shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.

(3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this Rule the petition shall thereupon be revived.

Matters relating to final order on trial of petition.

(2) The court shall have power to make such amendments in the return of persons elected made to the Clerk of the Dáil by a returning officer as it considers necessary in consequence of its decision on a petition.

Effect of certain declarations by court.

(2) Where an order mentioned in paragraph (1) declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election as a member of the Dáil, a specified other person was ascertained to have been elected, that other person shall, without prejudice to any dissolution of the Dáil, stand elected as a member of the Dáil on (but not before) the day next following the day on which a copy of the order is given as aforesaid to the Chairman of the Dáil.

(3) As soon as practicable after a copy of an order is given to him pursuant to Rule 12 the Chairman of the Dáil shall inform the Dáil of the terms of the order.

(4) Where a person has been returned as a member to serve in the Dáil and, subsequent to being so returned, the person sits, votes or otherwise participates as a member in the business of the Dáil or purports to do anything by virtue of membership of the Dáil and is also declared by the court not to have been duly elected as a member to serve in the Dáil, or not to have been eligible for membership of the Dáil, for the avoidance of doubt it is hereby declared that anything done by the person while so participating and anything purporting to have been so done, either on or before the day on which a copy of the said order is given as aforesaid to the Chairman of the Dáil shall, notwithstanding the order, be valid and effectual.

No action to be taken in certain circumstances to fill vacancy in Dáil.

Witnesses.

(2) Subject to paragraph (3) a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant Dáil election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege: provided that—

(a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and

(b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.

(3) Nothing in this Rule shall be construed as affecting the right of any party to a petition to call any person as a witness.

Costs of petition.

(2) Without prejudice to paragraph (1), where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant Dáil election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under Rule 7, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.

Further provisions regarding costs.

(2) Costs awarded to a returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance andsuch debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.

(3) Subject to paragraphs (4) and (5), costs awarded against a returning officer at the trial of a petition shall be paid out of the Central Fund.

(4) Where the court is satisfied that the returning officer has been grossly negligent in the discharge of his duties, the court may order that the officer shall be liable for any costs awarded against him by the court.

(5) Where an order is made under paragraph (4) any costs awarded against an officer which are paid out of the Central Fund shall be a debt due to the Minister for Finance by the officer, and such debt, in default of being discharged, shall be recoverable by that Minister in any court of competent jurisdiction as a simple contract debt due to him.

Statement of case to Supreme Court.

(2) Notwithstanding anything contained in this Schedule, where a case is stated under this Rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.

(3) Costs incurred in relation to a case stated under this Rule shall for all purposes be part of the costs incurred in relation to the petition.

Service of documents.

(a) by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, or in a case in which an address for service has been furnished, at that address.

FOURTH SCHEDULE Forms

Sections 39 and 88.

Part I

FORM OF WRIT FOR A GENERAL ELECTION.

Do.......... an ceann comhairimh do dháilcheantar..........	To.......... returning officer for the constituency of..........
DE BHRÍ go bhfuil Dáil Éireann lánscortha:	WHEREAS Dáil Éireann is dissolved:
ANOIS, déanaimse,......... Cléireach Dháil Éireann, de réir fhorálacha alt 39 den Acht Toghcháin, 1992, a ordú leis seo duitse, i do cheann comhairimh do dháilcheantar.......... toghchán a chur á dhéanamh sa dáilcheantar sin do.......... comhalta chun fónamh i nDáil Éireann don dáilcheantar sin:	NOW, I,.......... Clerk of Dáil Éireann, in accordance with the provisions of section 39 of the Electoral Act, 1992, do hereby direct you, as the returning officer for the constituency of.......... to cause an election to be held in that constituency of.......... members to serve in Dáil Éireann for the said constituency:
AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainmneacha na gcomhaltaí a thoghfar amhlaidh a dheimhniú dom gan mhoill i m'Oifig i.......... i mBaile Átha Cliath.	AND that, when such election has been duly held, you do without delay certify to me in my Office at.......... in Dublin the names of the members so elected.
I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.
IN WITNESS whereof I have hereunto set my hand and seal.
an this	.............................
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NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH GO BHFUAIR SÉ AN EASCAIRE SEO.	THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY.
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CERTIFICATE ENDORSED ON THE WRIT.

Deimhním leis seo gurb iad na comhaltaí a toghadh chun fónamh i nDáil Éireann do dháilcheantar.......... de bhun na heascaire sin thuas:—	I hereby certify that the members elected to serve in Dáil Éireann for the constituency of.......... in pursuance of the above writ are:—
C.D.	as of
---	---
E.F.	as of
G.H.	as of
(Sínithe) (Signed)	A.B.
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Ceann Comhairimh,

Returning Officer.

Dáta Date	....................................

LABEL OR DIRECTION ON THE WRIT.

Don cheann comhairimh do dháilcheantar	.........................................
To the returning officer for the constituency of	.........................................
Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.
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A writ for the election of members to serve in Dáil Éireann.
Fuair mé an eascaire seo istigh—
Received the within writ on—
an this	.............................
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(Sínithe) (Signed)	A.B.
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Ceann Comhairimh,

Returning Officer.

FORM OF WRIT FOR A BYE-ELECTION.

(To be adapted appropriately if the Clerk of Dáil Éireann is directed on the same day to issue writs for the election of members to fill more than one vacancy in the representation of a constituency).

Do .......... an ceann comhairimh do dháilcheantar ..........	To .......... returning officer for the constituency of ..........
DE BHRÍ gur tharla folúntas in ionadaíocht dháilcheantar .......... i nDáil Eireann toisc .......... ba chomhalta de Dháil Eireann don dáilcheantar sin a scor de bheith ina chomhalta ar dhóigh seachas de chionn Dáil Éireann a lánscor:	WHEREAS a vacancy has occurred in the representation of the constituency of ...................... in Dáil Éireann by .......... who was a member of Dáil Eireann for the said constituency ceasing to be a member otherwise than in consequence of the dissolution of Dáil Éireann:
AGUS DE BHRÍ gur ordaigh Cathaoirleach Dháil Éireann dom go cuí eascaire a chur amach chun comhalta a thoghadh do Dháil Éireann chun an foluntas réamhráite a lionadh:	AND WHEREAS the Chairman of Dáil Éireann has duly directed me to issue a writ for the election of a member of Dáil Éireann to fill the vacancy aforesaid:
ANOIS, déanaimse, .......... Cléireach Dháil Éireann, de réir fhorálacha alt 39 den Acht Toghcháin, 1992, a ordú leis seo duitse, i do cheann comhairimh don dáilcheantar réamhráite, toghchán a chur á dhéanamh sa dáilcheantar sin do chomhalta chun fónamh i nDáil Eireann don dáilcheantar sin in ionad. .......... sin:	NOW, I, .......... Clerk of Dáil Éireann, in accordance with the provisions of section 39 of the Electoral Act, 1992, do hereby direct you, as the returning officer for the constituency aforesaid, to cause an election to be held in the said constituency of a member to serve in Dáil Éireann for the said constituency in the place of the said ..........
AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainm an chomhalta a thogh-far amhlaidh a dheimhniú dom gan mhoill i m'Oifig i .......... i mBaile Átha Cliath.	AND that, when such election has been duly held, you do without delay certify to me in my Office at .......... in Dublin the name of the member so elected.

I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.

IN WITNESS whereof I have hereunto set my hand and seal.

an this	.............................	lá seo de dayof	.............................,	19.
NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH GO BHFUAIR SÉ AN EASCAIRE SEO.	THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY.
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CERTIFICATE ENDORSED ON THE WRIT.

Deimhním leis seo gurb é an comhalta a toghadh chun fónamh i nDáil Éireann do dháilcheantar .......... de bhun na heascaire sin thuas:—	i hereby certify that the member elected to serve in Dáil Éireann for the constituency of .......... in pursuance of the above writ is:—
C.D.	as of
---	---
(Sínithe) (Signed)	A.B.
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Ceann Comhairimh,

Returning Officer.

Dáta Date	....................................
Don cheann comhairimh do dháilcheantar	....................................
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To the returning officer for the constituency of	...................................
Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.
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A writ for the election of a members to serve in Dáil Éireann.
ENDORSEMENT.
Fuair mé an eascaire seo istigh—
Received the within writ on—
an this	.............................
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(Sínithe) (Signed)	A.B.
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Ceann Comhairimh,

Returning Officer.

PART II FORM OF BALLOT PAPER

(Front of Paper)

Marcáil ord do rogha sna spáis seo thíos. Mark order of preference in spaces below.
	DOYLE — LIBERAL SOCIALISTS (MARY DOYLE, of 10 High Street, Knockmore, Nurse.)
	LYNCH — URBAN PARTY (JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.)
	MURPHY (PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.)
	Ó BRIAIN — CUMANN NA SAORÁNACH (SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór, Oide Scoile.)
	O'BRIEN — NON-PARTY (EAMON O'BRIEN, of 22 Wellclose Place, Knockbeg, Barrister.)
	O'BRIEN — THE INDEPENDENT PARTY (ORLA O'BRIEN, of 103 Eaton Brae, Cahermore, Solicitor.)
	O'CONNOR — NATIONAL LEAGUE (CAROLINE O'CONNOR, of 7 Green Street, Carnmore, Engineer.)
	THOMPSON — RURAL PARTY (WILLIAM H. THOMPSON, of Dereen, Ballyglass, Farmer.)
TREORACHA.	INSTRUCTIONS.
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I. Scríobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de.	I. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.
II. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.	II. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

(Back of Paper)

No ..................................................................

Election for Constituency of ...............................................

(Back of Counterfoil)

Counterfoil No............................................................