Presidential Elections Act , 1993

(11) Where the court declares that part of a presidential election was void, the court may direct that the poll at the election shall be taken again in any constituency or part of a constituency and shall for that purpose fix the day on which and the period during which such poll shall be retaken and the provisions of this Act shall apply in relation to such taking with any necessary modifications.

(12) A copy of the order of the court determining the petition shall be given forthwith by the court to each of the following, namely, every person who was a candidate at the election, the Minister, the presidential returning officer, any local returning officer concerned and the Director of Public Prosecutions.

58 Application of rules in Third Schedule to Act of 1992.

58.—The provisions of the Third Schedule to the Act of 1992, other than Rules 2(2), 3, 4(1)(c), 6(2)(a), 7(3)(c), 12, 13 and 14, shall apply and have effect in relation to a petition subject to the modifications referred to in section 3(3) and as if—

(a) each reference to section 132 of that Act was a reference to section 57;

(b) the references in Rules 4(1)(a), 6(2)(d), 7 and 17 thereof to the returning officer were references both to the presidential returning officer and any local returning officer concerned;

(c) the words “his resignation as a member of the Dáil or his otherwise ceasing to be such member” in Rule 6(2)(b) thereof and “in the constituency to which the petition relates” in Rule 7(1)(a) and “or the cesser of membership of the Dáil” in Rule 8(2)(b) thereof were deleted;

(d) the reference in Rule 7(2) thereof to Part XIX of that Act was a reference to Part IV;

(e) the reference in Rule 7(3)(a) thereof to section 118(2) of that Act was a reference to section 48;

(f) the reference in Rule 7(5) thereof to section 32 of that Act was a reference to sections 9 and 11;

(g) the references in Rules 8(3) and 11(3) thereof to a person and the reference in Rule 9(1) thereof to a person who under section 132 of that Act would be eligible to present a petition were references to a person referred to in section 57(6);

(h) in Rule 8(3) thereof “throughout the State” was substituted for “in the constituency to which the petition relates”;

(i) the reference in Rule 11(3) thereof to fourteen days was a reference to three days;

and with any other necessary modifications.

PART VI Electoral Offences

59 Application of certain provisions of Part XXII of Act of 1992.

59.—The provisions of sections 134 to 140 and 144 to 160 of the Act of 1992 shall, subject to the modifications specified in section 3(3), apply and have effect in relation to presidential elections.

PART VII Miscellaneous

60 Secrecy.

60.—A person who, during a presidential election, is—

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

(b) present while a special voter is voting,

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

(d) admitted to a polling station in any capacity, or

(e) present in any capacity at the counting of the votes,

shall maintain, and aid in maintaining, the secrecy of the ballot.

61 Prohibition of disclosure of vote.

61.—A person who has voted at a presidential election shall not in any legal proceedings be required to state how or for whom he voted.

62 Publication of notices.

62.—Any public notice required by this Act to be given by the presidential returning officer or a local returning officer may be given by any method which the returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter the subject of the requirement.

SCHEDULE Enactments Repealed