LegalizePART I Preliminary and General
1. Short title collective citation, construction and commencement.
1.—(1)This Act may be cited as the European Parliament Elections Act, 1997.
(2)Parts II, III, IV and XXIII of and the Second Schedule to the Act of 1992, so far as they relate to European elections and European electors, and this Act may be cited together as the European Parliament Elections Acts, 1992 to 1997, and shall be construed together as one Act.
(3)This Act 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.
(4)An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made.
2. Interpretation.
2.—(1)In this Act—
“the Act of 1992” means the Electoral Act, 1992;
F1[“chief returning officer” has the meaning assigned to it bysection 15A;]
“competent administrative authority” in relation to a Member State means the competent administrative authority designated by that Member State for the purposes of F2[Articles 6, 7 and 13] of the Directive;
“county” means an administrative county;
“Dáil” means Dáil Éireann;
F2[“Directive” means Council Directive 93/109/EC of 6 December 1993^2laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals, as amended by Council Directive 2013/1/EU of 20 December 2012 amending Directive 93/109/EC as regards certain detailed arrangements for the exercise of the right to stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals;]
“election” means an election of representatives to the European Parliament;
“the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1995;
“European election” has the meaning assigned to it by section 7;
“European elector” means a person who is entitled to vote at a European election;
“excluded day” has the meaning given to it by rule 150 of the Second Schedule;
“home Member State” in relation to any person means the Member State of which the person is a national;
“local returning officer” means a person who pursuant to section 17(1) is a local returning officer for the purpose of this Act and includes a deputy or acting local returning officer pursuant to that section;
“Member State” means a Member State of the European Communities;
“the Minister” means the Minister for the Environment;
“non-party candidate” means a candidate who is not the candidate of a registered political party;
“the Parliament” means the Parliament of the European Communities;
“petition” means a petition presented to the High Court under this Act;
“the polling day”, except where the context otherwise requires, has the meaning assigned to it by section 10(1);
“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 so far as it relates to European electors;
“registered political party” means a party which pursuant to section 25 of the Act of 1992 is for the time being registered in the Register of Political Parties as a party organised to contest a European election;
F3[“relevant postal service provider” has the meaning assigned to it by section 61 of the Communications Regulation (Postal Services) Act 2011;]
“replacement candidate” means a replacement candidate for the purposes of this Act;
“replacement candidates list” has the meaning assigned to it by rule 17 of the Second Schedule;
“returning officer” means a person who is appointed by the Minister under section 16(1) to be a returning officer for the purposes of this Act;
“Seanad” means Seanad Éireann;
“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 so far as it relates to European electors;
“the treaties” means the treaties governing the European Communities (within the meaning of section 1 (as amended, whether before or after the passing of this Act) of the European Communities Act, 1972);
(2)In this Act—
(a)a reference to a section, Schedule or part of a Schedule is to a 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 which 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 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 F4[sanctioned by the Minister for Finance with the consent of the Minister for Public Expenditure and Reform], be paid out of moneys provided by the Oireachtas.
(2)The expenses incurred by reason of this Act by F5[a relevant postal service provider] (whether such expenses relate to the exercise by candidates of the right of free postage conferred by rule 22 of the Second Schedule or are otherwise so incurred in relation to a European 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 Elections
6. Registration of European electors.
6.—(1)Subject to subsection (3), a person referred to in section 9 of the Act of 1992, who is a national of a Member State other than the State , shall not be entitled to be registered as a European elector in a constituency unless such person—
(a)applies to be so registered by completing an application paper in the form directed by the Minister, and
(b)furnishes to the registration authority a statutory declaration stating—
(i)the nationality of the person,
(ii)the address in the State at which the person is ordinarily resident,
(iii)where applicable, the locality or constituency in the person's home Member State on the electoral roll of which the person's name was last entered, and
(iv)the intention of such person to exercise the right to vote at a European election in the State only.
F6[(1A) It shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to insubsection (1).]
(2)Where a registration authority receives a statutory declaration referred to in subsection (1) it shall, as soon as may be, forward a copy of the declaration to the Minister who shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration relates.
(3)Subsection (1) shall not apply in relation to any person who was registered as a European elector in a constituency in a register of electors which came into force in the year 1994 including any supplement thereto published under section 15 of the Act of 1992.
(4)Where a citizen of Ireland applies to be entered on the electoral roll in the Member State, other than the State or the United Kingdom, in which the citizen resides, the Minister shall, on the request of the competent administrative authority of the Member State concerned, furnish to the said authority such relevant information available to the Minister as would indicate whether the citizen has the right to vote at an election in the State.
7. Method of election.
7.—(1)Elections of representatives to the Parliament shall be held and each such election (in this Act referred to as “a European election”) shall be conducted in accordance with this Act, and in case a European election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.
(2)Voting at a European election shall be by secret ballot.
(3)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.
8. Right to vote.
8.—Subject to rule 72 of the Second Schedule, every person whose name is on the register of European electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a European election in that constituency.
9. Manner of voting.
9.—(1)Subject to subsections (2) and (3), a person who is entitled to vote at a European election shall be entitled to vote in person only and at the polling station allotted to him or her, or, in case the person is authorised under rule 60 or 61 of the Second Schedule by a local returning officer, at the polling station specified in the authorisation.
(2)Every European elector whose name is, at the time of a European election, in the postal voters list for a county or county borough or any part thereof situate in a constituency shall be entitled to vote in that constituency at the poll at such election by sending the ballot paper by post to the local returning officer for that county or county borough and shall not be entitled to vote in any other manner.
(3)Every European elector whose name is, at the time of a European election, in the special voters list for a county or county borough or any part thereof situate in a constituency shall be entitled to vote in that constituency at the poll at such election in accordance with rule 45 of the Second Schedule and shall not be entitled to vote in any other manner.
10. Polling day and commencement of count.
10.—(1)The poll at a European election shall—
(a)be taken on such day as shall be appointed by the Minister by order (which order shall be made not less than F8[sixty days] before the day thereby appointed), and
(b)shall continue for such period, not being less than twelve hours, between the hours of F9[7 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,
and the day so appointed is in this Act referred to as “the polling day”.
F10[(1A) Notwithstandingsubsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period appointed by the Minister by order undersubsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.
(1B) A poll the subject of an order undersubsection (1A)shall continue on the island for not less than 4 hours.
(1C) Insubsection (1A), “local circumstances” includes:
(a) the number of European electors on the island;
(b) the distance between a polling station on the island and the place appointed for the verification of ballot paper accounts underrule 73(2)of theSecond Schedule;
(c) advance forecasts of stress of weather;
(d) foreseen transport difficulties.]
(2)The counting of the votes at a European election shall begin on the day and at the time appointed by the Minister by order.
(3)An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.
10A. F11[Advance polling.
10A.—(1) Notwithstandingsection 10, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for undersection 10—
(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister undersection 10, and
(b) a poll referred to inparagraph (a)shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.
(2) An order under this section shall be published inIris Oifigiúilas soon as may be after it is made.
(3) The returning officer in a constituency to which an order undersubsection (1)applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.
(4) In this section—
“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;
“pandemic” means an outbreak of disease—
(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and
(b) which has been declared by the World Health Organisation to be a pandemic.]
11. Eligibility for election to and membership of the Parliament.
11.—(1)Subject to the following subsections of this section, every person who has reached the age of 21 years F12[on polling day or, if there is no polling day in relation to the constituency concerned by reason of the operation ofRule 23(1)(b), the day which is polling day generally throughout the State in relation to the election concerned] and is either—
(a)a citizen of Ireland, or
(b)a national of a Member State other than the State and ordinarily resident in the State,
shall be eligible for election under this Act to be a representative in the Parliament and for nomination under this Act as a replacement candidate.
(2)A person shall not be eligible under subsection (1) if the person—
(a)is subject to any of the disqualifications applicable to membership of the Dáil referred to in F13[paragraphs (f) to (j)] of section 41 of the Act of 1992, or
(b)holds office as a Judge or as the Comptroller and Auditor General, or
(c)being a citizen of Ireland, is a candidate at the relevant election in a Member State other than the State, or
F14[(d)being a national of a Member State other than the StateF15[…], stands deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, of the right to stand as a candidate under the law of that person’s home Member State, or]
F16[(e) is a Minister of the Government, or
(f) is a member of the Government of another Member State, or
(g) is a member of the Commission of the European Communities, or
(h) is a Judge, Advocate-General or Registrar of the Court of Justice of the European Communities or the Court of First Instance attached to that Court, or
(i) is a member of the Board of Directors of the European Central Bank, or
(j) is a member of the Court of Auditors of the European Communities, or
(k) is the Ombudsman of the European Communities, or
(l) is a member of the Economic and Social Committee of the European Community and the European Atomic Energy Community, or
(m) is a member of a committee or other body established pursuant to the Treaties establishing the European Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or performing a permanent direct administrative task, or
(n) is a member of the Board of Directors, Management Committee or the staff of the European Investment Bank, or
(o) is an active official or servant of—
(i) any of the institutions of the European Communities,
(ii) any of the specialised bodies attached to those institutions, or
(iii) the European Central Bank.]
F17[(3) Where a citizen of Ireland proposes to stand as a candidate at an election in the Member State, other than the StateF15[…], in which the citizen resides, the Minister (who shall be the competent administrative authority for the State) shall, as soon as practicable and not later than five working days after receipt of notification from a Member State of a declaration made by that citizen referred to in Article 10(1) of the Directive, furnish to the Member State any information available to the Minister indicating whether the citizen stands deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, of the right to stand as a candidate under the law of the State.]
F18[(4) (a) A person who is elected under this Act to be a representative in the Parliament, and who when so elected, holds office as—
(i) the Attorney General,
(ii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or
(iii) a Minister of State,
shall, on such election and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to hold that office.
(b) A person who pursuant tosection 19of this Act is to be regarded as having been elected to be a representative in the Parliament or when he or she commences to be so regarded holds office as—
(i) the Attorney General,
(ii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or
(iii) a Minister of State,
shall on being regarded as having being so elected, on the day on which he or she commences to be so regarded, and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to hold that office.]
F19[(4A)F20[(a) A person who is elected under this Act to be a representative in the Parliament, and who, when so elected, is a member of either House of the Oireachtas, shall on such election and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to be a member of the House of the Oireachtas concerned.]
F20[(b) A person who pursuant tosection 19of this Act is to be regarded as having been elected to be a representative in the Parliament or when he or she commences to be so regarded, and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, shall cease to be a member of the House of the Oireachtas concerned.]
(c) In this subsection “member of either House of the Oireachtas” means a member of the Dáil or Seanad other than—
(i) a Minister of the Government,
(ii) a Minister of State, or
(iii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad.]
F21[(5)If while a person is a member of the European Parliament the person—
(a)becomes subject to any of the disqualifications referred to inparagraph (a)ofsubsection (2), or
(b)becomes the holder of an office or the occupier of a position, as the case may be, referred to inparagraph (b),(e),(f),(g),(h),(i),(j),(k),(l),(m),(n)or(o)ofsubsection (2)orsubsection (4), or,
(c) is elected as a member of the Dáil or is elected or nominated as aF22[member of the Seanad, or]
F23[(d) is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,]
the person shall thereupon cease to be a member of the Parliament.]
11A. F24[Forfeiture of office order under Criminal Justice (Corruption Offences) Act 2018.
11A.—If while a person is a member of the European Parliament an order for the forfeiture of the office of the person as such a member under subsection (4)(b) of section 17 of the Criminal Justice (Corruption Offences) Act 2018 takes effect under subsection (6) of that section, he or she shall thereupon cease to be such a member.]
12. F25[Nomination of candidates and replacement candidates.
12.—(1) At a European election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as a European elector in the constituency for which the person proposes to nominate the candidate) as proposer.
(2)In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation underrule 5(3)of theSecond Schedule, one or other of the following paragraphs shall,F26[at or before the latest relevant time specified inrule 10for the receipt of that candidate’s nomination], be complied with:
(a)the candidate’s nomination shall have been assented to by 60 persons (excluding the candidate and any proposer) who are registered as European electors in the constituency (each of whom in this Act is referred to as an “assentor”);
(b)the candidate, or someone on his or her behalf, shall have made a deposit in accordance withsection 13.
(3) The following provisions apply in respect of the assents required bysubsection (2)(a)to the nomination of a candidate referred to in that subsection:
(a) to assent to the nomination, an assentor shall make a statutory declaration in the prescribed form stating the following:
(i) his or her number (including polling district letters) on the register of European electorsF27[…]on the date of the making of the statutory declaration;
(ii) his or her place of ordinary residence in respect of which he or she is registered in the register of European electors referred to insubparagraph (i);
(iii) his or her contact details, including telephone numbers (if any);
(iv) the name of the European Parliament constituency, on the date of the making of the statutory declaration, in which he or she is ordinarily resident;
(v) the name and address of the candidate;
(vi) the form of identification produced by him or her in accordance withparagraph (b), including any number on it that distinguishes it from similar forms held by others;
(vii) that he or she assents to the nomination of the candidate;
(viii) that he or she has not assented to the nomination of any other candidate in respect of that European election;
(b) when making the statutory declaration referred to inparagraph (a), the assentor shall produce to the person taking and receiving the declaration a prescribed photographic identification and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938, to be personally known to the person taking and receiving the declaration;
(c) the assent shall have effect as respects, and only as respects, the European Parliament constituency in which the place referred to inparagraph (a)(ii)is situate at the time of the European election concerned;
(d)F27[…]the assent shall have effect as respects, and only as respects, the European election in the constituency referred to inparagraph (c)held next after the making of the statutory declaration;
(e)F27[…]
(f) the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 60 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance withrule 11of theSecond Scheduleshall have the declarations so attached;
(g) where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others;
(h) it shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to inparagraph (a)and any such declaration shall be stamped by the member or official concerned;
(i) a registration authority and a returning officer shall arrange for the provision of forms for the purposes of making a statutory declaration referred to inparagraph (a)free of charge to any person who requests such a form.
(4) For the purposes ofsubsections (2)(a)and(3), a person whose application to have his or her name entered inF27[…]the register of European electors is approved by the registration authority at or beforeF26[the latest relevant time for delivery of the relevant candidate’s nomination paper]to the returning officer shall be deemed to be registered as a European elector in the applicable constituency.
(5) At a European election—
(a) a registered political party, and
(b) a person who in relation to the election is a non-party candidate,
may, subject to and in accordance withrules 17, 18and19of theSecond Schedule, nominate one or more persons, with the consent of the person or persons concerned, to be as regards the election replacement candidates.
(6) Subject torule 17(b)of theSecond Schedule, a person who is a candidate at a European election shall be eligible for nomination as a replacement candidate.
(7) At a European election a person may not be nominated as a candidate or as a replacement candidate in respect of more than one constituency.]
13. F28[Deposit by candidates.
13.—(1) This section applies to a candidate referred to insection 12(2)unless the candidate concerned has opted to have his or her nomination assented to by the means specified insection 12(2)(a)and(3).
(2) A candidate at a European election referred to insection 12(2), or someone on his or her behalf, may,F29[at or before the latest relevant time specified inrule 10for the receipt of that candidate’s nomination], deposit with the returning officer the sum of €1,800, and if he or she fails to do so, his or her candidature shall be deemed to have been withdrawn.
(3) The deposit that may 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.]
13A. F30[Return or disposal of deposit.
13A.—(1) The deposit referred to insection 13shall be returned where the candidate—
(a) withdraws his or her candidature in accordance withrule 15of theF31[Second Schedule, or whose candidature is deemed to have been withdrawn in accordance withrule 6(4)of that Schedule],
(b) dies before the poll is closed,
(c) has not,F31[at or before the latest relevant time specified inrule 10for the receipt of that candidate’s nomination], been validly nominated as a candidate,
(d) is elected, or
(e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the European election exceeds one quarter of the quota.
(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.
(3) Where a deposit is to be returned undersubsection (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 the personal representative of that person.
(4) 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.
(5) In this section “personal representative” has the meaning assigned to it by section 3 of the Succession Act 1965.]
14. Conduct of elections.
14.—The rules contained in the Second Schedule, other than Parts XIII and XV thereof, shall have effect in relation to a European elections.
15. Constituencies.
15.—(1)The constituencies for which candidates shall be elected under this Act to be representatives in the Parliament shall be those specified in the Third Schedule and the number of representatives to be so elected for such a constituency shall be the number specified in respect thereof in the third column of that Schedule.
(2)The Minister shall, having considered any report presented on statutory authority to each House of the Oireachtas recommending any alteration in the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament, and not later than the first day of December, 2003 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the said constituencies.
F32[(3)An area specified in theThird Scheduleshall be taken to be that area as constituted on 1 October 2023.]
F33[(4) Sections 28 and 29 of the Local Government Act 2019 shall apply for the purposes of the holding of European elections in the year 2019 as they apply for the purposes of the holding of local elections in that year, subject to the following modifications in section 28—
(a) by the substitution of “European” for “local government” in paragraph (b) of subsection (1),
(b) by the substitution of “European” for “local government” in subsection (2), and
(c) by the substitution of “this Act” for “Part 4 of the Principal Act” in subsection (3).]
15A. F34[Chief returning officer.
15A.—(1) Not later than the day on which an order appointing the polling day at a European election is made, the Minister shall appoint a person to be the chief returning officer for the purposes of this Act.
(2) It shall be the duty of the chief returning officer to receive the returns furnished to him or her in pursuance of this Act by the returning officer for each constituency, to make in the prescribed form to the Parliament a return of the persons elected pursuant to this Act and to do such other things in respect of a European election as he or she is required by law to do.
(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the chief returning officer such sums as theF35[Minister for Finance shall, with the approval of the Minister for Public Expenditure and Reform,]sanction for that officer's services and expenses in respect of a European election.]
16. Returning officers.
16.—(1)There shall for the purposes of this Act be a returning officer in respect of each constituency specified in the Third Schedule and the returning officer for a constituency shall be such one of the persons, who by virtue of section 17 is the local returning officer for a county or county borough wholly or partly situate in the constituency, as the Minister may from time to time appoint.
(2)It shall be the general duty of the returning officer to do all such acts and things, other than acts or things which are by this Act required to be done by a local returning officer, as may be necessary for effectually conducting a European election in that officer's constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the F36[chief returning officer] a return of the persons elected for the constituency.
(3)Where the returning officer is prevented by illness or other reasonable cause from performing all or any of the duties of returning officer, the Minister shall appoint a person, who by virtue of section 17 is the local returning officer for a county or county borough wholly or partly situate in the constituency, to act as returning officer during the period of the prevention and a reference in this Act to a returning officer shall, where appropriate, include a reference to an acting returning officer.
(4)An appointment of a person as returning officer under section 14(1) of the European Assembly Elections Act, 1977 which was in operation immediately before the commencement of this section shall be deemed to be an appointment under subsection (1).
17. Local returning officers.
17.—(1)There shall for the purposes of this Act be a local returning officer for every county or county borough wholly or partly situate in a constituency and the local returning officer shall be—
(a)in the case of the counties of Cork, Dun Laoghaire-Rathdown, Fingal and South Dublin and the county boroughs of Cork and Dublin, the sheriff, and
(b)in every other case, the county registrar.
(2)Subject to subsection (3)(a), it shall be the duty of a local returning officer—
(a)to take the poll at a European election in the part of the constituency for which he or she is the local returning officer,
(b)to do such acts and things as he or she is otherwise by this Act required to do, and
(c)to render such assistance to the returning officer for the said constituency as that returning officer may require,
and if any doubt arises as to the duties of a local returning officer, the doubt shall be determined by the Minister.
(3)(a)Where a local returning officer is appointed under section 16 to be the returning officer for a constituency, it shall be lawful for the said officer to appoint a deputy local returning officer for the discharge of all or any particular part of his or her duties as local returning officer.
(b)Where at an election the same person is local returning officer for two or more counties or for a county and a county borough, the person may appoint in respect of each county or county borough (except one) a deputy local returning officer to open the ballot boxes and verify the ballot paper accounts.
(4)Where a vacancy occurs in the office of county registrar or sheriff and the holder was a local returning officer or a local returning officer is prevented by illness or other reasonable cause from performing all or any of his or her duties, the Minister shall, where appropriate, appoint a person to act as local returning officer during the period of the vacancy or prevention.
(5)A reference in this Act to the local returning officer shall, where appropriate, be construed as including a reference to a deputy or acting local returning officer.
18. Expenses of returning officers and local returning officers.
18.—(1)F37[The Minister for Public Expenditure and Reform] shall, in respect of such services and expenses where it is practicable to do so, prepare a scale of maximum charges for returning officers and local returning officers and F37[the Minister for Finance shall, upon the request of the Minister for Public Expenditure and Reform, recoup to] (or, where appropriate, pay on behalf of) every such officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every European election in respect of which he or she is the returning officer or local returning officer, not exceeding the maximum charges specified in the scale prepared under this subsection and applying for the time being.
(2)The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection F37[, and upon the request of the Minister for Public Expenditure and Reform, recoup to] (or, where appropriate, pay on behalf of) every returning officer and local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every European election in respect of which he or she is the returning officer or local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a returning officer or local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection “legal proceedings” shall not include the trial of petitions presented in accordance with the provisions of section 21 of this Act.
(3)For the purpose of the payment of charges under this section, the returning officer or local returning officer, as the case may be, shall submit an account (or, where necessary, accounts) to the Minister for Finance and the said Minister may issue to returning officers and local returning officers directions as to the time when and the manner and form in which the accounts shall be submitted.
(4)The Minister for Finance may, if he or she thinks fit, before payment of a returning officer's or local returning officer's charges under this section apply to a judge of the Circuit Court having jurisdiction in the constituency concerned for the taxation of an account submitted by the returning officer or local returning officer (which shall be in the form directed by the Minister for Finance) and the judge shall tax such account and determine the amount payable thereunder.
(5)The taxation under this section of the account of a returning officer or local returning officer shall, if the judge so directs on the application of such officer, include determination of the amount of any claim made by any person against such officer in respect of any matter charged for in such account.
F38[(6) On the request of a returning officer or local returning officer for an advance on account of the officer's charges, the Minister for Finance may,F37[with the consent of the Minister for Public Expenditure and Reform and after consultation with the Minister], (irrespective of whether the scale of charges referred to insubsection (1)has been prepared or not), if the Minister for Finance thinks fit, and on such terms as the said Minister of the Government thinks fit, make such an advance.]
19. Casual vacancies.
19.—(1)Where a casual vacancy occurs amongst the persons who by virtue of this Act are representatives in the Parliament, the vacancy shall be filled in accordance with Part XIII of the Second Schedule.
(2)In this section “a casual vacancy” means—
(a)a vacancy occasioned by a person who, though elected or regarded as having been elected to the Parliament pursuant to this Act, is, by virtue of any provision laid down under the treaties, not entitled to assume the office of representative in the Parliament, or
(b)a vacancy occasioned by a person having ceased to be a representative in the Parliament otherwise than by the effluxion of time or in consequence of the making of an order under section 21 by the High Court or in the circumstances referred to in rule 23(2) of the Second Schedule.
20. Inspection of ballot papers and other documents.
20.—(1)No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.
(2)The documents referred to in subsection (1) are:
(a)the counterfoils of the ballot papers sent to postal voters under rule 32 of the Second Schedule,
(b)the documents mentioned in paragraphs (2) and (3) of rule 39 of the said Schedule,
(c)the counterfoils of the ballot papers delivered to special voters under rule 45 of the said Schedule,
(d)the documents mentioned in subparagraphs (a) and (b) of rule 93(1) of the said Schedule, and
(e)the documents mentioned in subparagraphs (a) and (c) of rule 93(3) of the said Schedule.
(3)An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.
(4)An order referred to in subsection (1) may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court may think expedient, and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.
(5)Where an order F39[of a court (including an order undersubsection (1))] is made for the production by the F40[chief returning officer] of any document in that officer's possession relating to a European election, the production of that document accompanied by the certificate of the F40[chief returning officer] that the document relates to the specified election shall be prima facie evidence of the fact so certified and it shall not be necessary to prove the signature of the Clerk or the official position of the person signing the certificate. Unless the court so orders, it shall not be necessary for the Clerk to attend in person to attest to any matter relating to the document or certificate.
(6)Any endorsement appearing on any packet produced pursuant to subsection (5) shall be, until the contrary is shown, sufficient evidence that the contents of the packet are as stated in the endorsement.
(7)All documents sent by a local returning officer or a returning officer in pursuance of this Act to the F40[chief returning officer], other than documents referred to in subsection (2), shall be open to public inspection at such time and under such conditions as may be specified by the F40[chief returning officer]. The F40[chief returning officer] shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance.
21. Questioning of European elections.
21.—(1)A European election may, and may only, be questioned by a petition to the High Court.
(2)(a)Subject to paragraph (b), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present the petition not later than F41[fourteen] days after the declaration by the returning officer of the result of the election, by order grants leave to the person to do so.
(b)Where a person applying for leave to present a petition to the High Court alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the European 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 application to the High Court may be made within the F41[fourteen] days next after the day on which the said payment or consideration is alleged to have been made or to have passed.
F42[(bb) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the European 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, leave of the High Court to present a petition underparagraph (a)may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997.]
(c)An application for leave to present a petition may be made by any person who is registered or entitled to be registered as a European elector in the constituency.
(3)The High Court shall not grant leave under subsection (2) unless it is satisfied—
(a)that there is prima facie evidence of a matter referred to in subsection (8) in relation to which the petition questions the election concerned, and
(b)that the said matter is such that it is likely to have affected the result of the election.
(4)A petition shall be presented by being lodged in the Central Office of the High Court not later than 3 days after the grant of leave by the High Court under subsection (2).
(5)(a)Subject to paragraph (b) and rule 131(2) of the Second Schedule, a petition shall not be accepted for lodgement with the court unless the petitioner lodges with the petition security in the sum of £5,000 for costs which may become payable by the petitioner.
(b)Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) or that to require a petitioner to lodge the said amount would cause the petitioner serious hardship, the court may require the petitioner to lodge such lesser amount as the court considers appropriate.
(6)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 F43[chief returning officer],
(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.
(7)The provisions of Part XV of the Second Schedule shall have effect as regards a petition.
(8)(a)A European election may be questioned on the grounds that the result of the election was likely to have been affected by:
(i)want of eligibility under section 11;
(ii)the commission of an offence referred to in Part XIV of the Second Schedule;
(iii)obstruction of or interference with or other hindrance to the conduct of the election;
(iv)mistake or other irregularity;
(v)failure by the returning officer or any local returning officer to complete or otherwise to conduct the election in accordance with law.
(b)No European election shall be declared invalid by reason of non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act 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 was not likely to have affected the result of the election.
F42[(bb) A European election shall not be declared invalid because of a non-compliance with any provision of Part V of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.]
(c)Notwithstanding any other provision of this Act, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.
(9)Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and, subject to the foregoing, the decision of the High Court shall be final and not appealable.
(10)At the trial of a petition the court shall determine the matter at issue in the petition and, if it does not dismiss the petition, shall where appropriate include in its order determining the matter at issue either—
(a)a declaration of the correct result of the election concerned, or
(b)if it considers that it is unable to determine the correct result of the election, a declaration that the election or a specified part thereof was void together with a statement of its reasons for making the declaration.
(11)Where the court declares that the whole or any part of a European election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Parliament and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court's order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if a European election otherwise is due to be held in the State within the period of six months next following the said date.
22. Prohibition of disclosure of vote.
22.—A person who has voted at a European election shall not in any legal proceedings be required to state how or for whom he or she voted.
23. Amendment of Postal and Telecommunications Services Act, 1983.
23.—The Postal and Telecommunications Services Act, 1983 is hereby amended by—
(a)the substitution in paragraph (h) of subsection (3) of section 63, as inserted by paragraph (a) of section 173 of the Electoral Act, 1992, for “European Assembly Elections Acts, 1977 to 1992” where that expression occurs of “European Parliament Elections Acts, 1992 to 1997”; and
(b)the substitution of the following paragraph for paragraph (d) of subsection (1) of section 74, as substituted by paragraph (c) of section 173 of the Electoral Act, 1992:
24. Amendment of section 28 of Local Government Act, 1991.
24.—The Local Government Act, 1991 is hereby amended by the substitution in paragraph (e)(ii) of subsection (4) of section 28 for “section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977,” of “section 19 of the European Parliament Elections Act, 1997,”.
25. Amendment of Electoral Act, 1992.
25.—The Electoral Act, 1992 is hereby amended by—
(a)the substitution in subsection (1) of section 17 for “or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986” of “, at a presidential election in accordance with the said Part XIV (as applied to a presidential election by section 41 of the Presidential Elections Act, 1993), at a referendum in accordance with the said Part XIV (as applied to a referendum by section 29 of the Referendum Act, 1994), at a European election in accordance with Part V of the Second Schedule to the European Parliament Elections Act, 1997 or at a local election in accordance with Part VIII of the Local Elections Regulations, 1995 (S.I. No. 297 of 1995)”,
(b)the substitution in paragraph (d)(ii) of subsection (3) of section 164 for “the European Assembly Elections Acts, 1977 to 1992” of “the European Parliament Elections Acts, 1992 to 1997”,
(c)the substitution in subsection (1)(c) of section 165 for “the European Assembly Elections Acts, 1977 to 1992” of “the European Parliament Elections Acts, 1992 to 1997”, and
(d)the substitution in subsection (5) of section 165 for “Rule 18 of the First Schedule to the European Assembly Elections Act, 1977” of “Rule 22 of the Second Schedule to the European Parliament Elections Act, 1997”.