Presidential Elections Act , 1993

PART I Preliminary and General

1 Short title, collective citation and commencement.

1.—(1) This Act may be cited as the Presidential Elections Act, 1993.

(2) Part II (insofar as it relates to presidential electors) and Part XXIII (insofar as it relates to presidential elections) of the Act of 1992 and this Act may be cited together as the Presidential Elections Acts, 1992 and 1993.

(3) 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.

2 Repeals.

2.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

3 Interpretation.

3.—(1) In this Act—

“the Act of 1992” means the Electoral Act, 1992;

“authorised representative” means a person authorised in the prescribed form by a person purported to be nominated as a candidate at a presidential election to represent the person at the ruling on nominations at the election;

“a ballot paper” has the meaning assigned to it by section 37;

“constituency” has the meaning assigned to it by section 12;

“Dáil” means Dáil Éireann;

“Dáil election” means an election of a member or members to serve in the Dáil;

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

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

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

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

“the judicial assessor” has the meaning assigned to it by section 23;

“the last day for receiving nominations” has the meaning assigned to it by section 6;

“the local returning officer” has the meaning assigned to it by section 10;

“the Minister” means the Minister for the Environment;

“a nomination” means a nomination of a person under Part II to be a candidate at a presidential election and cognate words shall be construed accordingly;

“the notice of poll” has the meaning assigned to it by section 36;

“the official mark” has the meaning assigned to it by section 38;

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

“a personation agent” has the meaning assigned to it by section 34;

“a petition” has the meaning assigned to it by section 57;

“the polling day” has the meaning assigned to it by section 6;

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

“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors;

“prescribed” means prescribed by regulations made by the Minister;

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

“presidential election order” has the meaning assigned to it by section 6;

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

“the presidential returning officer” has the meaning assigned to it by section 9;

“the quota” has the meaning assigned to it by section 50;

“the register of electors”, except where the context otherwise requires, means the register of presidential electors;

“the register of presidential electors” has the meaning assigned to it by section 13 of the Act of 1992;

“the ruling on nominations” has the meaning assigned to it by section 20;

“Seanad” means Seanad Éireann;

“a special voter” means a presidential elector whose name is entered in the special voters list;

“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors.

(2) In this Act—

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

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision 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) For the purpose of the application by virtue of this Act to presidential elections of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if—

(a) a reference in that Act to a Dáil elector or an elector was a reference to a presidential elector;

(b) a reference in that Act to a Dáil election or an election was a reference to a presidential election;

(c) a reference in that Act to the register of Dáil electors or the register of electors was a reference to the register of presidential electors;

(d) a reference in that Act to a returning officer was a reference to a local returning officer;

(e) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to presidential elections by this Act;

(f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 34;

(g) the reference in section 76 of the said Act to section 129 thereof was a reference to section 54 and the references in the said section 76 to the Clerk of the Dáil were references to the presidential returning officer;

(h) the reference in section 85 of the said Act to section 87 thereof was a reference to section 36;

(i) in section 98(c) of the said Act “, his local agent” was inserted after “election agent”;

(j) in section 101 of the said Act the references to sections 38 and 64 thereof were references to section 40 and the reference to section 79 thereof was a reference to section 41;

(k) in section 106 of the said Act “or of members of a political party” was deleted;

(l) in section 108 of the said Act the reference to section 56 thereof was a reference to section 29, the reference to section 62 thereof was a reference to section 31, the reference to section 96 thereof was a reference to section 7 and “63,” was deleted;

(m) in section 112 of the said Act “and shall notify the presidential returning officer of the place so appointed” was added to the section;

(n) in sections 112, 114 and 116 of the said Act the reference to Part XIX thereof was a reference to Part IV;

(o) in section 113(1) of the said Act “(or to his local agent if he has appointed one)” was inserted after “to each candidate”;

(p) in section 115 of the said Act “(except so far as, following consultation with the presidential returning officer, he otherwise decides)” was substituted for “(except so far as he and the candidates otherwise agree)”;

(q) in section 134 of the said Act the reference to section 68 thereof was a reference to section 40;

(r) in section 138 of the said Act the reference to the returning officer was a reference to the presidential returning officer;

(s) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the presidential returning officer and a local returning officer;

(t) in the said section 138 “or any certificate of political affiliation” was deleted;

(u) in sections 144 and 147(2) of the said Act the references to promoting the interests of a political party were deleted;

(v) in sections 139 and 151 of the said Act the references to a period of time were references to the period commencing on the date of the making of a presidential election order in relation to an election and ending on the sending by the presidential returning officer to the Taoiseach of the certificate of the election of a person as the President at that election;

(w) in section 148 of the said Act the reference to section 96 thereof was a reference to section 6;

(x) in section 154 of the said Act the reference to section 130 thereof was a reference to section 55;

(y) in section 155 of the said Act “or the cesser of membership of the Dáil” was deleted;

and with any other necessary modifications.

4 Regulations.

4.—(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 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 21 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.

5 Expenses.

5.—(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 at elections of the right of free postage conferred by section 32 or are otherwise so incurred in relation to an 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.

6 Presidential election order.

6.—(1) Before a presidential election, the Minister shall by order (in this Act referred to as “the presidential election order”) appoint for the purposes of the election—

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

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

(c) the day (in this Act referred to as “the polling day”) on which, and the period during which, the poll (if any) at the election shall be taken; and

(d) the address of the presidential returning officer at which nomination papers may be delivered and to which other communications may be sent to the officer.

(2) In the case of an ordinary presidential election, the presidential election order under this section shall be so made and the days thereby appointed shall be so selected that the election will be completed at such time as will enable the President thereby elected to enter upon office on the day following the expiration of the term of office of the outgoing President.

(3) In the case of an extraordinary presidential election, the presidential election order shall be so made and the days thereby appointed shall be so selected that the election will be completed within 60 days after the cesser of office of the late President.

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

7 The polling day.

7.—The poll (if any) at a presidential election shall—

(a) be taken on such day as shall be appointed for this purpose by the presidential election order; and

(b) shall continue for such period, not being less than 12 hours, between the hours of 8 a.m. and 10.30 p.m., as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies.

8 Alteration of polling day consequent on dissolution of Dáil.

8.—Subject to section 6, where a dissolution of the Dáil takes place after the making by the Minister of a presidential election order (in this section referred to as the “original order”) and before the polling day appointed by such order, the Minister, if he so thinks fit, may by order amend the original order by substituting the day which is the polling day at the general election consequent on such dissolution of the Dáil for the day named in the original order as the polling day at the presidential election and, in relation to the said presidential election, references in this Act to the polling day shall be construed accordingly.

9 The presidential returning officer.

9.—(1) Not later than the day on which a presidential election order is made, the Minister shall appoint a person to be the returning officer (in this Act referred to as “the presidential returning officer”) for the purposes of the presidential election concerned.

(2) Where the presidential returning officer is prevented by illness or other reasonable cause from performing all or any of his duties at the election, the Minister shall appoint a person to act as presidential returning officer for the performance of those duties during the period of the prevention and references in this Act to the presidential returning officer shall be construed accordingly.

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

(4) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the presidential returning officer such sums as the Minister for Finance shall sanction for that officer's services and expenses in respect of the election for the purposes of which he is appointed.

(5) For the purpose of payment for such services and expenses, an account of them shall be submitted by the presidential returning officer to the Minister for Finance and the Minister for Finance may issue directions as to the time when and the manner and form in which the account shall be so submitted to him.

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

(7) The appointment of a presidential returning officer for the purposes of an election shall be deemed to extend to and include appointment for the purposes of any fresh election held pursuant to section 28, 31 or 57 following such election.

10 Local returning officers.

10.—(1) The person who would be the returning officer at a Dáil election in a constituency shall be the returning officer (in this Act referred to as “the local returning officer”) in that constituency for the purposes of a presidential election.

(2) Where a person referred to in subsection (1) is prevented by illness or other reasonable cause from performing all or any of the duties of a local returning officer or where a vacancy occurs in an office by virtue of which a person would be the returning officer at a Dáil election, the Minister shall appoint a person to act as local returning officer for the constituency concerned during the period of the prevention or vacancy, as the case may be.

(3) It shall be the duty of the local returning officer for a constituency to take the poll at the election in the constituency and to count the votes cast thereat and to do such acts and things as may be necessary for effectually taking the poll and counting the votes in the constituency in accordance with this Act.

(4) Where at a contested election the same person is local returning officer for two or more constituencies, the person shall—

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

(5) An appointment under subsection (4) may be revoked by the local returning officer concerned and, where an appointment is so revoked or the deputy local returning officer dies, resigns or becomes incapable of acting during the election, another deputy local returning officer shall be appointed under subsection (4).

(6) Where pursuant to section 30(2) of the Act of 1992 a person has been appointed as assistant returning officer for a part of a constituency, such person shall be the assistant local returning officer for the purposes of a contested presidential election in that part of the constituency.

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

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

11 Expenses of local returning officers.

11.—(1) The Minister for Finance shall in respect of every presidential election prepare a scale of maximum charges for local returning officers and a local returning officer shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof, the officer's reasonable charges, in respect of services and expenses in relation to a presidential election, not exceeding the maximum charges specified in the scale prepared under this section in respect of that election.

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

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