SEANAD ELECTORAL (UNIVERSITY MEMBERS) (AMENDMENT) ACT 2024

“21B. (1) Subject to subsections (2), (3) and (4), election expenses shall be reimbursed to a candidate at an election in the Seanad Higher Education constituency where—

• (a) he or she is elected at the election, or

• (b) he or she is not so elected but the greatest number of votes credited to him or her at any stage of the counting of votes at the election exceeds one quarter of the quota.

• (2) The amount of election expenses which may be reimbursed to a candidate under this section shall be the actual expenses incurred by the candidate or €13,750, whichever is less.

• (3) Subject to subsection (4), payments in respect of the reimbursement of election expenses under this section shall be made by the Minister for Public Expenditure, National Development Plan Delivery and Reform out of the Central Fund or the growing produce thereof to each candidate referred to in subsection (1) who applies therefor to the Standards in Public Offices Commission in a form directed by the Commission.

• (4) No payment in respect of the reimbursement of election expenses of a candidate shall be made unless and until the Standards in Public Offices Commission—

  • (a) certifies to the Minister for Public Expenditure, National Development Plan Delivery and Reform in writing that—

    • (i) in respect of the candidate, there has been full compliance with section 36,

    • (ii) the statement of election expenses furnished under that section is in compliance with Part V and was prepared in accordance with such guidelines (if any) issued by the Commission under section 4, and

    • (iii) a donation statement has been furnished in accordance with section 24(2)(b) to the Commission and such statement was prepared in accordance with guidelines issued by the Commission under section 4,

    and

  • (b) furnishes to the Minister for Public Expenditure, National Development Plan Delivery and Reform details of the amount of actual election expenses incurred by the candidate.

• (5) The Standards in Public Offices Commission shall, if satisfied that a candidate at an election in the Seanad Higher Education constituency is eligible for reimbursement of election expenses incurred for the purpose of that election, furnish the certification and details referred to in subsection (4) in respect of the candidate to the Minister for Public Expenditure, National Development Plan Delivery and Reform, as soon as may be after it has considered—

  • (a) the application for reimbursement of election expenses under subsection (3) in respect of that candidate, and

  • (b) the statement of election expenses furnished to it in respect of the candidate under section 36.

• (6) Where a candidate referred to in subsection (1) dies—

  • (a) after the close of the poll at an election in the Seanad Higher Education constituency, and

  • (b) before making an application for the reimbursement of election expenses under this section,

  the personal representative of the candidate may make such application and any reimbursement of such expenses shall be made to such personal representative.

• (7) Where a candidate referred to in subsection (1) dies—

  • (a) after making an application for the reimbursement of election expenses under this section, and

  • (b) before such reimbursement is made,

  the reimbursement of those expenses shall be made to the personal representative of the candidate.

• (8) A payment made to a candidate, or the personal representative of a candidate, as the case may be, under this section shall not be liable to income tax.

• (9) In this section, ‘election expenses’, insofar as it relates to an election in the Seanad Higher Education constituency, has the meaning assigned to it by section 31.”.

43. Limitation of election expenses at election in Seanad Higher Education constituency

43. The Act of 1997 is amended by the insertion of the following section after section 32:

“32A. The aggregate of election expenses which may be incurred by or on behalf of a candidate at an election in the Seanad Higher Education constituency in connection with his or her candidature at such an election shall not exceed €55,000.”.

44. Application of Part V of Act of 1997 to elections in Seanad Higher Education constituency

44. The Act of 1997 is amended—

• (a) in section 2(1)—

• (i) in the definition of “election” by the substitution of “except in Parts V, VII and VIII” for “except in Parts VII and VIII”,

• (ii) by the substitution of the following definition for the definition of “Seanad election”:

“ ‘Seanad election’ means the election of members to Seanad Éireann from panels of candidates, within the meaning of section 3(1) of the Seanad Electoral (Panel Members) Act 1947, and the election of members to Seanad Éireann from the Seanad Higher Education constituency and includes both a Seanad general election and a Seanad bye-election;”,

and

• (iii) by the insertion of the following definition:

“ ‘Seanad Higher Education constituency’ means the Higher Education constituency within the meaning of the Seanad Electoral (University Members) (Amendment) Act 2024.”,

• (b) in section 3(1), by the substitution of “31, 32, 32A, 46,” for “31, 32, 46,”,

• (c) in section 18(2), by the substitution of “the Seanad Electoral (Higher Education Members) Acts 1937 to 2024” for “the Seanad Electoral (University Members) Acts, 1937 to 1973”,

• (d) in section 22(2)(b)(v), by the substitution of “Dáil, Seanad or European election” for “Dáil or European election”,

• (e) in section 27—

• (i) in the definition of “candidate”, by the insertion of “, an election in the Seanad Higher Education constituency” after “at a Dáil election”,

• (ii) in the definition of “notice of the poll”, by the substitution of “, section 87 of the Act of 1992 or section 18C of the Seanad Electoral (University Members) Act 1937” for “or section 87 of the Act of 1992”, and

• (iii) in the definition of “returning officer”, by the insertion of “, an election in the Seanad Higher Education constituency” after “a Dáil election”,

• (iv) by the insertion of the following definition:

“ ‘election’ means, as the context may require, a Dáil election, an election in the Seanad Higher Education constituency or a European election or any combination thereof;”,

• (f) in section 31(3)(a)—

• (i) in subparagraph (ii), by deleting “and”,

• (ii) by the insertion of the following subparagraph after subparagraph (ii):

• “(iia) in the case of an election in the Seanad Higher Education constituency, on the date of the order made by the Minister under section 12 of the Seanad Electoral (University Members) Act 1937, and”

and

• (iii) by the substitution of “ending on the polling day at the election or, in the case of an election in the Seanad Higher Education constituency, on the day on which the poll in that constituency is closed;” for “ending on polling day at the election;”,

• (g) in section 36(5)(a), by the insertion of “or subsection (3) of section 19 of the Seanad Electoral (University Members) Act 1937,” after “Act of 1997,”,

• (h) in section 40, in paragraph (b), by the substitution of “section 32, 32A or 42” for “section 32 or 42”, and

• (i) in section 41—

• (i) in subsection (1), by the insertion of “or section 19 of the Seanad Electoral (University Members) Act 1937” after “the Act of 1997”, and

• (ii) in subsection (2), by the insertion of “32A” after “section 32(1)(a),”.

45. Non-compliance with Electoral Act 1997

45. The Act of 1937 is amended by the insertion of the following section after section 27:

“27A. A Seanad election in the Higher Education constituency 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 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.”.

PART 7 Amendments to third Schedule to Act of 1937 in Relation to Counting of Votes

46. Amendment of Third Schedule to Act of 1937

46. The Third Schedule to the Act of 1937 is amended—

• (a) in Rule 4—

• (i) by the repeal of paragraph (5),

• (ii) by the insertion of the following paragraph:

• “(5A) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

  • (a) the number of votes credited to the lowest candidate is greater than one quarter of the quota or, in the case of a Seanad bye election where there is more than one vacancy to be filled, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, or

  • (b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota or, in the case of a Seanad bye-election where there is more than one vacancy to be filled, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected.”,

• (iii) by the repeal of paragraph (6),

• (iv) by the insertion of the following paragraph:

• “(6A) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to paragraph (5A), be transferred in the order of their descending magnitude.”,

and

• (v) by the insertion of the following paragraph after paragraph (7):

• “(8) Subject to paragraphs (5A) and (6A), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”,

• (b) in Rule 5—

• (i) by the repeal of paragraph (2), and

• (ii) by the insertion of the following paragraph:

• “(2A) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—

  • (a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota or, in the case of a Seanad bye-election, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, or

  • (b) the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota or, in the case of a Seanad bye-election, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected and it is clear that the exclusion of the candidates separately in accordance with paragraph (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota or, in the case of a Seanad bye-election, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, being credited to any such candidate.”,

and

• (c) in Rule 7, by the substitution of the following paragraph for paragraph (3):

• “(3) When the last vacancies can be filled under this Rule, no further transfer of votes shall be made unless—

  • (a) any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota or, in the case of a Seanad bye-election where there is more than one vacancy to be filled, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, and

  • (b) it is necessary for the purposes of section 21B(1)(b) of the Electoral Act 1997 or section 16D(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to the candidate.”.

SCHEDULE Registration Rules

Publication of electors list.

Right to send claims.

Claim via designated institution.

Contents of prescribed form of claim.

• (a) such particulars (including a person’s identifying particulars and qualifying particulars) as shall be requisite to show that he or she is entitled to be an elector in the Higher Education constituency,

• (b) the address at which he or she is normally resident,

• (c) if he or she so desires, another address as the address to which his or her ballot papers are to be sent,

• (d) if he or she so wishes, an address at which he or she may be contacted electronically.

Submission of claims.

Consultation with designated bodies.

• (a) where that person has stated his or her personal public service number in the claim, the Minister for Social Protection,

• (b) the relevant designated institution, and

• (c) An tÚdarás um Ard-Oideachas.

The chief registration officer may share identifying particulars with the Minister for Social Protection for the purposes specified in this rule.

The chief registration officer may share qualifying particulars with the relevant designated institution and with An tÚdarás um Ard-Oideachas for the purposes specified in this rule.

Further evidence as to identity and degree.

• (a) to fill up the form in the presence of a member of the Garda Síochána,

• (b) to satisfy the member or, as the case may be, the notary or notary public as to his or her identity including, if necessary, by proof of photographic identification or by completing a statutory declaration, and

• (c) to have the member or, as the case may be, the notary or notary public on being satisfied as to the claimant’s identity, date, sign and stamp the form, or

• (d) where he or she is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and to have the medical practitioner confirm the identity of the claimant,

and to resubmit the claim.

In particular, where the chief registration officer is unable to verify that the claimant has been awarded a degree by an institution that is a designated institution he or she may require the claimant under this rule to obtain evidence in writing from the relevant designated institution that the claimant was awarded such a degree.

Decision on claim.

Further evidence that may be required for purposes of registration.

• (a) require such person to produce a certificate of his or her birth or, if that is not practicable or convenient, to make a statutory declaration that he or she has attained the age of eighteen years, and

• (b) require such person either, as the case may require, to make a statutory declaration that he or she is a citizen of Ireland or to produce a certificate of his or her naturalisation as a citizen of Ireland or a valid passport issued by the Minister for Foreign Affairs.

The Minister may prescribe the form and manner of making of a statutory declaration under this rule.

Information in connection with deaths of persons.

Publication of list of claims.

Time for and mode of making objections.

Obligation to notify person objected to.

Publication of list of objections.

Consideration of and ruling upon objections.

Consideration of and ruling upon claims.

• (a) if he or she considers that such claim may be allowed without further inquiry, he or she shall allow such claim and give notice thereof to the claimant, or

• (b) if he or she is not satisfied that such claim can be allowed without further inquiry, he or she shall give at least five clear days’ notice to the claimant of the time and place at which he or she will consider and rule upon such claim.

Objections by chief registration officer.

Every objection made by the chief registration officer under this rule shall be considered and ruled upon by him or her, and for that purpose he or she shall give to the claimant at least five clear days’ notice of the time and place at which he or she will so consider and rule upon such claim.

Claims for correction of entries in a register.

No claim made under this rule shall be included in the list of claims.

Consideration of and ruling upon claims for corrections.

• (a) if, having consulted with one or more of the designated institutions, he or she considers that such claim may be allowed without further inquiry, he or she shall allow such claim and give notice thereof to the claimant, or

• (b) if, having consulted with one or more of the designated institutions, he or she is not satisfied that such claim can be allowed without further inquiry, he or she shall give at least five clear days’ notice to the claimant of the time and place at which he or she will consider and rule upon such claim.

Revision of the register.

• (a) inserting in such register the names and addresses of all persons who were entered in the electors list published on the previous 29th day of January and whose registration was not successfully objected to and of all persons who have claimed to be entitled to be registered in such register and whose claim for such registration has been allowed by the chief registration officer;

• (b) making all such corrections in such register as may be necessary to give effect to all claims for corrections which have been allowed by the chief registration officer;

• (c) removing from such register the names of all persons who were omitted from the said electors list because they were dead;

• (d) removing from such register the name of any person, after reasonable inquiry by the chief registration officer, whose address or the address to which a ballot paper is to be sent is unknown.

Publication of the revised register.

• (a) publish such revised register not later than the 1st day of June by publishing a notice that a copy of such revised register is open to inspection at his or her office, and

• (b) keep at least one copy of such revised register available in his or her office for inspection, and

• (c) permit any person to inspect free of charge in his or her office during office hours a copy of such revised register, and

• (d) on the application of any person during office hours and on payment of the prescribed fee, furnish to such person a copy in printed or in electronic form of such revised register or of so much thereof as is the subject of such application, and

• (e) whenever so requested by the Minister, transmit to the Minister a copy of such revised register or a summary of the contents of such revised register in such form and giving such particulars as he or she shall specify in such request.

Where the chief registration officer provides to any person a copy of the register, or part thereof, under this rule he or she shall draw the attention of the person to section 21 in relation to the purposes for which the register may be used.

Method of appealing to the Circuit Court.

The chief registration officer shall transmit every such notice of appeal so given to him or her to the county registrar for the county in the manner directed by rules of court together with, in every case, a statement of the material facts which, in the opinion of the chief registration officer, have been established in the case, and of his or her decision upon the whole case and on any point which may be specified as a ground of appeal.

The chief registration officer shall furnish to the court hearing any such appeal such further information, within his or her knowledge or procurement, as such court may require.

Appeals on similar grounds.

Changes of address of registered electors.

Deletion of deceased electors from the register.

Method of publishing documents.

• (a) making copies thereof available for inspection in his or her office during office hours,

• (b) publishing a notice electronically on the website of the National University of Ireland, or on another website to which the public has access, stating the times at which such document may be inspected in his or her office, and

• (c) where he or she thinks it appropriate, publishing the said document electronically on the website of the National University of Ireland or on another website to which the public has access.

Provision of forms by registration officers.

The chief registration officer shall, on the application of any person, permit such person to inspect and take copies of any claim or notice of objection received by him or her under these rules and shall also, on payment of the prescribed fee, supply to such person a copy of any such claim or notice of objection.

Method of sending notices.

Any claim, objection, notice or other document which is required by these rules to be sent by the chief registration officer or by a registration officer to any person shall be sufficiently sent if sent by post addressed to such person at the address given by him or her for that purpose or, if he or she is a registered elector, at his or her address as stated in the register of electors or, where neither of such addresses is available, at his or her last known place of abode or where such person has provided details by which he or she may be contacted by electronic means, by sending such notice by such means.

Persons entitled to appear and be heard before the chief registration officer.

Power of chief registration officer to take evidence on oath.

Misnomers and inaccurate descriptions.

Footnotes