LOCAL GOVERNMENT (MAYOR OF LIMERICK) AND MISCELLANEOUS PROVISIONS ACT 2024

“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.

Conduct of election

• (b) In this subparagraph, “transferable vote” means a vote that is capable of being—

• (i) cast so as to indicate the voter’s preference for the candidates in order, and

• (ii) transferred to the next choice candidate when, owing to the deficiency in the number of the votes given for a prior choice candidate, the said prior choice candidate is excluded from the list of candidates.

• (2) A mayoral election shall not be invalid by reason of—

• (a) a failure to comply with any provision of this Part, or

• (b) a mistake in the use of any form provided for by this Part,

if it appears to the court before which such matter is raised that—

• (i) the election was conducted in accordance with the principles laid down in this Part taken as a whole, and

• (ii) the failure or mistake did not materially affect the result of the election.

Chapter 2 Returning Officer

Returning officer

• (2) Where a person appointed under this paragraph to be the returning officer is, for whatever reason, unable to perform the functions of returning officer, the director general shall appoint such other employee of Limerick City and County Council as the director general considers appropriate to perform the functions of returning officer, and the performance of those functions by such person shall be deemed to be the performance of those functions by the returning officer.

General duty of returning officer

• (a) do all such acts and things as may be necessary for the effectual conduct of an election in accordance with this Part,

• (b) ascertain and declare the results of that election, and

• (c) give to the director general a return of the person elected as Mayor made under subparagraph (1) of paragraph 55.

Deputy returning officers

• (2) The returning officer may at any time revoke the appointment of a deputy returning officer appointed under subparagraph (1).

• (3) A deputy returning officer at a mayoral election shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions for which he or she is appointed.

Expenses of returning officer

• (b) Limerick City and County Council shall pay to the returning officer the reasonable charges incurred by the returning officer in respect of his or her services and expenses in relation to a mayoral election.

• (c) The charges paid by Limerick City and County Council in accordance with this subparagraph shall not exceed the maximum charges specified in the scale prepared under clause (a).

• (2)
• (a) Limerick City and County Council shall, in respect of services and expenses other than services and expenses to which the scale of maximum charges prepared under clause (a) of subparagraph (1) applies, recoup to (or, where appropriate, pay on behalf of) the returning officer the officer’s reasonable charges in relation to a mayoral election.

• (b) In this subparagraph, “expenses” includes—

• (i) expenses incurred by a returning officer in respect of legal representation in proceedings before a court arising out of the performance or purported performance by the returning officer of his or her functions in respect of the mayoral election concerned (other than the trial of a petition presented to the High Court), and

• (ii) damages and costs payable by the returning officer in accordance with an order of a court in respect of such proceedings,

except where the court is satisfied that the returning officer has been grossly negligent in the discharge of his or her duties.

• (3) An account of charges sought to be paid in accordance with subparagraphs (1) and (2) shall be submitted by the returning officer to Limerick City and County Council at such time and in such manner as the director general may from time to time direct.

• (4) The returning officer may request Limerick City and County Council to advance to him or her such sum or sums in respect of such charges as he or she anticipates are likely to be incurred by him or her in respect of the mayoral election concerned, and Limerick City and County Council may make such an advance on such terms as it deems fit.

Mutual assistance

Chapter 3 Manner of voting

Manner of voting

Chapter 4 Nominations

Notice of election

• (a) the times for receiving nominations,

• (b) the requirements of subparagraph (6) of paragraph 18,

• (c) the times and place at which nomination papers may be obtained,

• (d) the times and place at which the returning officer shall attend to receive the nominations, and

• (e) the day and the period fixed for the holding of the poll if the election is contested.

Register of political parties

Necessity for nomination

Nomination of candidates

• (2) Each candidate shall be nominated by a separate nomination paper in such form as the Minister shall direct.

• (3) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.

• (4)
• (a) A candidate may include in the nomination paper the name of the political party registered in the register of political parties as a party organised to contest a mayoral election of which he or she is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Part referred to as a “certificate of political affiliation”)—

• (i) in such form as the Minister shall direct,

• (ii) authenticating the candidature of the candidate, and

• (iii) signed by the officer or officers of such party whose name or names are entered in that register in accordance with paragraph (d) of section 47 of the Act of 2022,

is produced to the returning officer.

• (b) Where a certificate of political affiliation is produced to the returning officer in accordance with clause (a), the returning officer shall, if he or she considers it appropriate to so do, cause—

• (i) a statement of the name of the political party concerned and a copy of that political party’s emblem as entered in the register of political parties in accordance with paragraphs (a) and (b) of section 47 of the Act of 2022 to be specified in relation to the candidate on all the ballot papers, and

• (ii) a statement of the name of that political party to be specified in relation to the candidate on all notices under this Part.

• (5) If a candidate is not a candidate of a political party registered in the register of political parties as a party organised to contest a mayoral election, the candidate shall be entitled to enter the expression “Non-Party” on the nomination paper after his or her name and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all ballot papers and all notices under this Part in relation to the mayoral election.

• (6) If a candidate’s candidature is not authenticated by a certificate of political affiliation, then either—

• (a) the candidate’s nomination shall, before the expiration of the period for receiving nominations under paragraph 21, have been assented to by 60 electors (excluding the candidate and any proposer of the candidate) in the Limerick City and County Electoral Area, and each such elector is referred to in this Chapter as an “assentor”, or

• (b) the candidate (or someone on his or her behalf) shall, before the expiration of the period referred to in clause (a), have made a deposit in accordance with paragraph 19.

• (7) The following provisions apply for the purposes of clause (a) of subparagraph (6):

• (a) each assentor shall make a statutory declaration in such form as the Minister shall direct stating—

• (i) his or her number (including polling district letters) on the register of electors,

• (ii) his or her place of ordinary residence in respect of which he or she is registered in the register of electors,

• (iii) his or her personal contact details, including telephone numbers (if any),

• (iv) the name of the local electoral area, in the Limerick City and County Electoral Area, 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 with clause (b), including any number inscribed thereon that distinguishes it from similar such forms of identification in respect of other persons,

• (vii) that he or she assents to the nomination of the candidate, and

• (viii) that he or she has not assented to the nomination of any other candidate in respect of that election;

• (b) when making the statutory declaration referred to in clause (a), the assentor shall produce to the person taking and receiving the declaration photographic identification prescribed for the purposes of paragraph (b) of subsection (6) of section 46 of the Act of 1992;

• (c) upon the assentor’s having complied with clause (b), he or she shall, for the purposes of the Statutory Declarations Act 1938, be deemed to be personally known to the person taking and receiving the declaration;

• (d) the assent shall have effect for the purposes only of the mayoral election next held after the making of the statutory declaration;

• (e) 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 with paragraph 22, shall have the declarations so attached;

• (f) 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;

• (g) it shall be lawful for a member of the Garda Síochána or an official of Limerick City and County Council to take and receive a statutory declaration referred to in clause (a) and any such declaration shall be stamped by the member or official concerned;

• (h) Limerick City and County Council and the returning officer shall arrange for the provision of forms, for the purposes of making a statutory declaration referred to in clause (a), free of charge to any person who requests such a form.

• (8) For the purposes of clause (a) of subparagraph (6) and subparagraph (7), a person whose application to have his or her name entered in the register of electors is approved by the registration authority in the Limerick City and County Electoral Area before the expiration of the period for delivery of a nomination paper to the returning officer under paragraph 21, shall be deemed to be an elector for the Limerick City and County Electoral Area.

• (9) The returning officer shall provide nomination papers—

• (a) during normal office hours,

• (b) on each weekday during the period beginning on the publication of the notice of election and ending at 12 noon on the latest day for receiving nominations, and

• (c) at such place or places as are named in the notice of election,

and the returning officer shall supply a nomination paper or nomination papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this paragraph shall not be obligatory at a mayoral election, provided that the nomination paper used is in the form specified in a direction under subparagraph (2).

• (10) In this paragraph—

“Register of Political Parties” means the Register of Political Parties sent to the returning officer in accordance with paragraph 16;

“registration authority” has the meaning assigned to it by Part II of the Act of 1992.

Deposit by certain candidates

• (2) The deposit that may be made by or on behalf of a candidate pursuant to this paragraph may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit

• (a) withdraws his or her candidature in accordance with paragraph 26,

• (b) is deemed, under subparagraph (1) of paragraph 33, to have withdrawn his or her candidature,

• (c) dies before the poll is closed,

• (d) has not, before the expiration of the period for the receipt of nominations, been validly nominated as a candidate at the mayoral election,

• (e) is elected, or

• (f) 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 election exceeds one quarter of the quota.

• (2) A deposit that is not required to be returned under subparagraph (1) shall stand forfeited.

• (3) Where a deposit is required to be returned under subparagraph (1), it shall—

• (a) be returned to the person by whom it was made, or

• (b) if the person who made the deposit dies before the deposit is returned, be returned to his or her personal representative (within the meaning of the Succession Act 1965).

• (4) A deposit standing forfeited under this paragraph shall be disposed of by the returning officer in such manner as the director general shall direct.

Time for receiving nominations

• (2) The latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) next following the latest day for the publication of the notice of election.

Delivery of nomination papers

• (a) commencing on the earliest time for receiving nominations referred to in subparagraph (1) of paragraph 21, and

• (b) ending on the latest time for receiving nominations referred to in subparagraph (2) of that paragraph.

• (2) The delivery of the nomination paper shall—

• (a) be made by the candidate in person, or

• (b) where the candidate is proposed by another person, be made by the candidate in person or by the proposer of the candidate in person.

• (3) The returning officer shall—

• (a) between the hours of 10.00 a.m. and 12 noon and between the hours of 2.00 p.m. and 5.00 p.m. on the day (disregarding any excluded day) immediately preceding the latest day for receiving nominations, and

• (b) between the hours of 10.00 a.m. and 12 noon on such latest day,

attend at the place specified in that behalf in the notice of election for the purpose of receiving nominations.

Selection of nomination papers

Ruling on validity of nomination papers

• (i) the paper is not properly made out or signed, or

• (ii) in the case of a nomination to which clause (a) of subparagraph (6) of paragraph 18 applies, there has been a failure to comply with that clause or subparagraph (7) of that paragraph.

• (b) The returning officer shall not rule that a nomination paper is invalid by reason only of an assentor’s having assented to the nomination of more than one candidate at the same election.

• (2) Only the returning officer, the candidate to whom a nomination paper relates, that candidate’s proposer (if any) and one other person designated by the candidate or proposer, as the case may be, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer unless the returning officer gives permission for any other person to so attend.

• (3) The returning officer shall object to the name of a candidate on a nomination paper if such name—

• (a) is not a name by which the candidate is commonly known,

• (b) is misleading and likely to cause confusion,

• (c) is unduly long, or

• (d) contains a political reference,

and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer’s satisfaction, the returning officer may—

• (i) amend it, as he or she thinks fit, after consultation with the candidate or proposer (if present), or

• (ii) rule that the nomination paper is invalid by reason of it not having been properly made out.

• (4) The returning officer shall object to the description of a candidate in a nomination paper that, in the opinion of the returning officer—

• (a) is incorrect,

• (b) is insufficient to identify the candidate,

• (c) is unnecessarily long, or

• (d) contains a political reference other than—

• (i) a reference to a public or elected office held, or formerly held, by the candidate, or

• (ii) an entry made pursuant to subparagraph (4) or (5) of paragraph 18,

and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may—

• (I) amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer (if present), or

• (II) rule that the nomination paper is invalid as not having been properly made out.

• (5)
• (a) The returning officer at a mayoral election shall, after having ruled on the validity of a nomination paper—

• (i) record his or her decision on the nomination paper and shall sign the record, and

• (ii) where he or she rules in accordance with this paragraph that the nomination is invalid, include in that record a statement of the reasons for the ruling.

• (b) The decision of the returning officer under this paragraph shall be final subject only to reversal on a petition questioning the election.

• (6) The returning officer shall, by notice in writing, deliver by post or otherwise to the candidate concerned confirmation of the returning officer’s ruling under this paragraph.

• (7) A person in respect of whom a nomination paper has been ruled to be valid under this paragraph shall stand nominated to be a candidate in a mayoral election unless his or her candidature is—

• (a) withdrawn in accordance with paragraph 26, or

• (b) deemed to have been withdrawn under subparagraph (1) of paragraph 19 or subparagraph (1) of paragraph 33.

Publication of nominations

Withdrawal of candidature

• (a) in person by the candidate or by the candidate’s proposer, or

• (b) by some other person (where the returning officer is satisfied that neither the candidate nor the proposer is able to comply with clause (a)),

to the returning officer not later than 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations, but delivery of the notice in the manner specified in clause (b) shall not be valid unless it is signed by both the candidate and the person effecting delivery.

Publication of withdrawal

• (a) of the withdrawal of the candidature of the candidate, and

• (b) in the case of the withdrawal of the candidature of a candidate who was nominated by a proposer, of the name of the proposer.

Obstruction of nominations

• (a) adjourn the proceedings to a later hour on the same day,

• (b) adjourn the proceedings to the day (disregarding any excluded day) immediately following the first-mentioned day, or

• (c) if the returning officer considers necessary, postpone the proceedings until such time or day as the obstruction has ceased.

• (2) Where any proceedings for or in connection with the nomination of candidates are adjourned or postponed under subparagraph (1), the returning officer shall—

• (a) postpone the latest time for receiving nominations for a period equal to the period of the postponement under subparagraph (1), and

• (b) inform the Minister of the postponement who may, by order, appoint the day for the taking of the poll at the election.

Procedure after nominations

• (2) If at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations one candidate only stands nominated at the mayoral election, the returning officer shall forthwith—

• (a) declare the said candidate to be elected to be Mayor, and

• (b) comply with paragraph 55.

• (3) Where, at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations, no person stands nominated as a candidate at a mayoral election—

• (a) the returning officer shall so inform the Minister,

• (b) the order under paragraph 6 in respect of the mayoral election shall stand revoked,

• (c) a new mayoral election shall be held in accordance with this Part, and

• (d) the Minister shall, as soon as practicable, make an order under paragraph 6 for the purposes of the new mayoral election.

Chapter 5 Agents of candidates

Appointment of deputy mayoral election agents

• (2) The appointment of a deputy mayoral election agent may be revoked by the candidate or his or her mayoral election agent.

• (3) Where the appointment of a deputy mayoral election agent under this paragraph is revoked or a deputy mayoral election agent under this paragraph dies, resigns or becomes incapable of acting during a mayoral election, another deputy mayoral election agent may be appointed under this paragraph in his or her place.

• (4) A candidate or his or her mayoral election agent shall immediately after the appointment of a deputy mayoral election agent under this paragraph give written notice of his or her appointment and details of his or her name and address to the returning officer.

General provisions as to agents

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

• (b) in polling stations,

• (c) at the opening of the postal ballot boxes, and

• (d) at the counting of the votes.

• (2) Subject to subparagraph (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer and the same number shall be fixed in respect of each candidate.

• (3) A candidate or his or her mayoral election agent may appoint one person (in this Part referred to as a “personation agent”) to be present as the candidate’s agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing and shall be produced to the presiding officer for the polling station concerned.

• (4) An appointment under this paragraph may be revoked by the candidate or his or her mayoral election agent.

• (5) A candidate or his or her mayoral election agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notification to the returning officer of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the issue of the said ballot papers, and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address are not so notified.

• (6)
• (a) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of—

• (i) the name and address of every personation agent appointed by the candidate or his or her mayoral election agent, and

• (ii) the polling station for which the personation agent is appointed.

• (b) A personation agent appointed in accordance with this paragraph and whose name and address have been duly notified to the returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed under paragraph 6 for the commencement of the poll and ending when the presiding officer has complied with article 72 of the Local Elections Regulations (applied to a mayoral election by paragraph 41).

• (7) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the opening of the postal ballot boxes, and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.

• (8) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the counting of the votes, and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified.

• (9) Where the appointment of an agent under this paragraph is revoked or an agent appointed under this paragraph dies, resigns or becomes incapable of acting during a mayoral election, the candidate or his or her mayoral election agent may appoint another person (in this paragraph also referred to as an “agent”) to replace the said agent and, where an appointment is made under this subparagraph, the candidate or his or her mayoral election agent shall forthwith notify the returning officer in writing of the name and address of the person appointed under this subparagraph.

• (10) A candidate may lawfully do or assist in the doing of any thing that may lawfully be done on the candidate’s behalf by a mayoral election agent, deputy mayoral election agent or an agent appointed under this paragraph and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may be present in accordance with this Part.

• (11) Anything required by this Part to be done in the presence of the mayoral election agent or other agent of a candidate shall not be invalidated by reason only of the agent’s not being present at the time and place appointed for the doing of such thing.

Officers not to act as agents of candidates, further candidature, etc.

• (2) A returning officer shall not employ in any capacity for the purposes of the mayoral election—

• (a) a person who is or has been employed by or on behalf of a candidate in or in connection with a mayoral election,

• (b) a person who is furthering or has furthered the candidature of a candidate in a mayoral election,

• (c) a person who is assisting or has assisted in the furthering of such candidature,

• (d) a person who is promoting or has promoted the interests of a political party in a mayoral election, or

• (e) a person who is assisting or has assisted in the promotion of such interests.

Chapter 6 Death of candidate

Death of candidate

• (a) the candidature of the candidate shall be deemed to have been withdrawn, and

• (b) the returning officer shall immediately give public notice to that effect.

• (2) Where, during the period beginning 48 hours before the latest time for receiving nominations and ending on the time fixed under paragraph 6 for the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for the election has died, the following provisions shall apply:

• (a) if notice of poll has been given, then, notwithstanding an order under paragraph 6 in relation to the mayoral election, the poll shall stand cancelled and the returning officer shall give public notice of the cancellation;

• (b) all acts done in connection with the mayoral election (other than a ruling of the returning officer under paragraph 24) shall be void;

• (c) a ruling of the returning officer under paragraph 24 that a nomination of a candidate is valid shall be deemed to be a ruling for the purposes of the election to which the notice of election referred to in clause (d) applies;

• (d) all the proceedings for the mayoral election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time of giving the public notice under clause (a);

• (e) the returning officer shall forthwith publish a notice of election under paragraph 15 for the purposes of a new mayoral election;

• (f) at the election to which a notice of election referred to in clause (e) applies—

• (i) the earliest time for receiving nominations shall be 10.00 a.m. on the day (disregarding any excluded day) next following the date of the publication of that notice of election, and

• (ii) the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date;

• (g) the poll at the election to which a notice of election referred to in clause (e) shall be held—

• (i) on the seventh day (disregarding any excluded day) after the latest day for receiving nominations during such period (which shall not be less than 12 hours between the hours of 7.00 a.m. and 10.30 p.m.) as shall be fixed by the returning officer, or

• (ii) on such day as may be fixed by order under paragraph 6 and during the period provided for in relation to that order under that paragraph,

whichever occurs later;

• (h) paragraph 16 shall not apply in relation to the fresh mayoral election and references to the Register of Political Parties contained in paragraph 18 shall, in relation to the fresh mayoral election, be construed as references to the copy of that Register sent to the returning officer in relation to the mayoral election to which the notice of poll referred to in clause (a) related.

• (3) Where, at any time after the commencement of the poll at a mayoral election and before the close of such poll, the returning officer becomes satisfied that a candidate standing nominated for election has died—

• (a) all votes cast at the mayoral election shall be disregarded and the ballot papers shall be destroyed by the returning officer, and

• (b) clauses (b) to (g) of subparagraph (2) shall apply.

• (4) Where a candidate at a mayoral election dies in circumstances other than those referred to in subparagraph (1), (2) or (3) the death of that candidate shall not invalidate his or her nomination or any preference recorded for the candidate and, if the candidate is elected, such election shall not be invalidated by reason of the candidate’s death, but he or she shall be deemed to have vacated the office of Mayor on the day of his or her death and a by-election shall be held in accordance with this Part.

• (5) Where a poll is cancelled under this paragraph, all ballot papers issued to postal voters and special voters relating to that poll shall be disregarded and the returning officer shall destroy all ballot papers received for inclusion in that poll.

Chapter 7 Postal voting

Postal voting

• (2) The returning officer shall, as soon as practicable after the adjournment of an election for the purpose of taking a poll, send to each elector whose name is on the postal voters list for the Limerick City and County Electoral Area, a ballot paper and a form of receipt for such ballot paper and, if the ballot paper duly marked by the said elector and accompanied by the said receipt duly signed by the elector, is received by the returning officer before the close of the poll, it shall be counted by the returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of a poll.

• (3) This Chapter shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 14(1)(c) of the Act of 1992 subject to the following modifications:

• (a) an elector whose name is so entered in the postal voters list, in order to cast his or her vote, shall, in the presence of an authorised person and no other person, do the following things in the following order:

• (i) produce to the authorised person a ballot paper (in relation to which the person shall establish that it is unmarked) and a form of declaration of identity;

• (ii) complete and sign the said declaration of identity;

• (iii) hand the declaration of identity to the authorised person who shall, on being satisfied as to the identity of the person who has signed the declaration of identity, witness the signature;

• (iv) mark, in secret, the ballot paper;

• (v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

• (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

• (b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

• (c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”.

• (4) This Chapter shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act 1997 subject to the following modifications:

• (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order:

• (i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations, the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity;

• (ii) complete and sign the said declaration of identity;

• (iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

• (iv) mark, in secret, the ballot paper;

• (v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

• (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the returning officer;

• (b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

• (c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station”.

• (5) This Chapter shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications:

• (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

• (i) produce to the relevant official the envelope addressed to the elector pursuant to article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations, the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

• (ii) complete and sign the declaration of identity;

• (iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector;

• (iv) mark, in secret, the ballot paper;

• (v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

• (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer;

• (b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”;

• (c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the prison”; and

• (d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

• (6) In this paragraph—

“authorised person” means a person appointed by the Secretary General of the Department of Foreign Affairs to be an authorised person for the purposes of this paragraph;

“ballot paper envelope” has the meaning specified in article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations;

“covering envelope” has the meaning specified in article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations;

“relevant official” has the same meaning as it has in section 1 of the Electoral (Amendment) Act 2006.

• (7) Articles 31 to 41 of the Local Elections Regulations shall, subject to the modifications specified in subparagraph (2) of paragraph 1, apply and have effect in relation to postal voting at a mayoral election and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters, the returning officer shall comply with those provisions.

• (8) A reference to an agent in articles 31 to 41 of the Local Elections Regulations shall be deemed to include a reference to the mayoral election agent and any person appointed by a candidate or the mayoral election agent to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

Chapter 8 Voting by Special Voters

Voting by special voters

• (2) Where a person is entered on the special voters list under section 17 of the Act of 1992 but the place where the special voter is ordinarily resident is not accessible to the special presiding officer and as a consequence the special voter would be unable to vote at the poll at the election in accordance with section 82 of the Act of 1992, the returning officer shall, as circumstances may require—

• (a) issue a postal vote to that special voter as if that voter was a postal voter entered on the postal voters list under section 14(1)(d) of the Act of 1992, and in that case Part XIII of that Act shall apply, or

• (b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that Part to “member of the Garda Síochána” shall be read as references to “relevant official in the place where the special voter is ordinarily resident”.

• (3) Articles 44 to 48 of the Local Elections Regulations shall, subject to the modifications specified in paragraph 1(2), apply and have effect in relation to voting by special voters at a mayoral election and the returning officer shall in delivering, receiving and otherwise dealing with the ballot papers of special voters, comply with those articles.

• (4) In this paragraph—

“ballot paper envelope” has the meaning specified in article 45(c) (applied by subparagraph (3)) of the Local Elections Regulations;

“covering envelope” has the meaning specified in article 45(d) (applied by subparagraph (3)) of the Local Elections Regulations;

“special presiding officer” means a person appointed to be a special presiding officer pursuant to article 44 (applied by subparagraph (3)) of the Local Elections Regulations.

Chapter 9 Arrangements for Poll

Notice of poll

• (a) the day on which, and the hours during which, the poll shall be taken,

• (b) the names and descriptions of the candidates standing nominated at the mayoral election as entered in their nomination papers, and of their proposers (if any), and

• (c) the order in which the names of those candidates shall appear on the ballot papers.

Ballot papers

• (2) Ballot papers shall be prepared by the returning officer in accordance with the following provisions:

• (a) a ballot paper shall contain the names (arranged alphabetically in the order of the surnames or, if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer) and descriptions of the candidates standing nominated at the election, set out in their respective nomination papers;

• (b) a ballot paper may include a photograph of each candidate and the registered emblem of the candidate’s political party (if any) and the form of the ballot paper as specified in Part 2 may be adjusted accordingly in accordance with directions by the Minister;

• (c) the surname of each candidate and the name of the candidate’s political party (if any) or, if appropriate, the expression “Non-Party” shall be printed in large capitals, the candidate’s surname and other name shall be printed in small capitals and the address and occupation of the candidate (if any) as appearing in the relevant nomination paper, shall be printed in ordinary characters;

• (d) the list of candidates shall be arranged—

• (i) in alphabetical order, and

• (ii) in one continuous column,

and the space on the ballot paper within which the candidate’s name and description appears shall be the same for each candidate;

• (e) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number;

• (f) the numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper;

• (g) apart from anything permitted by the form specified in Part 2 and the modifications thereof which may be provided for under clause (b), nothing shall appear on the ballot paper except in accordance with these provisions.

• (3) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.

Official mark

• (2) The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that no mark previously used at a mayoral election shall be used at an election under this Part before the expiry of the 10 years next after such previous use.

Application of certain provisions of Part X of Local Elections Regulations

Polling information cards

• (2) A polling information card shall be addressed to the elector at the address in respect of which he or she is registered in the register of electors and shall be delivered to that address not later than the third day before the polling day.

• (3) Delivery of a polling information card by post shall be effected without prepayment of charges therefor and by the earliest practicable post.

• (4) No action or other proceedings shall lie against a returning officer in respect of—

• (a) any failure to send or deliver a polling information card, or

• (b) any error or misstatement in a polling information card.

Chapter 10 Poll

Application of Part XI of Regulations of 1995

Chapter 11 Arrangement for counting of votes

Time and place for counting of votes

• (2) The returning officer shall—

• (a) appoint a place within the Limerick City and County Electoral Area or convenient to that area as the place at which he or she shall count the votes cast in the election,

• (b) at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with Chapter 12, and

• (c) make adequate arrangements for the safe custody of the ballot papers and other documents relating to the election.

• (3) The returning officer shall, where practicable, ensure that a place appointed under subparagraph (2) is accessible to wheelchair users.

Attendance at counting of votes

• (2) The returning officer, the assistants and clerks of the returning officer, members of the Garda Síochána on duty and the mayoral election agent and agents appointed under subparagraph (8) of paragraph 31 of each candidate may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.

• (3) The returning officer shall give the mayoral election agent and the agents appointed under subparagraph (8) of paragraph 31 of each candidate all such reasonable facilities for overseeing the proceedings at the counting of the votes (including, in particular, facilities for satisfying themselves that the ballot papers have been correctly sorted) and all such information with respect thereto as the returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the functions of the returning officer.

Preliminary proceedings

• (2) For the purposes of subparagraph (1), the manner in which a ballot box, being a box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.

• (3)
• (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

• (b) The returning officer shall—

• (i) prepare a statement of the result of the comparison under clause (a), and

• (ii) on request, allow the mayoral agent or agent appointed under subparagraph (8) of paragraph 31 of any candidate to make and keep a copy of the statement.

• (4) Where the statement referred to in subparagraph (3) is prepared by a deputy returning officer, the deputy returning officer shall give the statement to the returning officer as soon as practicable after its preparation.

• (5) The returning officer shall mix together the whole of the ballot papers and shall proceed to count the votes in accordance with Chapter 12.

• (6) The returning officer shall, while counting and recording the number of ballot papers, cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.

Times for counting of votes

Conduct of counting of votes

Handling of ballot papers by candidates or agents

Chapter 12 Rules for counting of votes

Definitions

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means any and all of the following:

• (a) all the operations involved in the counting of the first preferences recorded for candidates;

• (b) all the operations involved in the transfer of the votes of a candidate excluded from the count;

• (c) all the operations involved in the transfer of the votes of 2 or more candidates who have been excluded from the count together;

“first preference” means the elector’s first choice candidate to be Mayor indicated by any mark that, in the opinion of the returning officer, indicates that choice;

“next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already excluded being disregarded;

“original vote”, in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for that candidate.

• (2) For the purposes of this Chapter, the deeming of a person to be elected to the office of Mayor shall not operate to prejudice the declaration of the result of the poll at the mayoral election concerned, and references to a candidate’s being deemed to be elected shall be construed accordingly.

Invalid ballot papers

• (a) that does not bear the official mark,

• (b) on which the figure “1” standing alone, or the word “one” or any other mark that, in the opinion of the returning officer, indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for a candidate,

• (c) on which the figure “1” standing alone indicating a first preference, or the word “one” or any other mark that, in the opinion of the returning officer, indicates a first preference, is set opposite the name of more than one candidate, or

• (d) on which anything is written or marked that, in the opinion of the returning officer, is calculated to identify the elector,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

• (2) The returning officer shall—

• (a) endorse “rejected” on any ballot paper that under this paragraph is invalid and not to be counted,

• (b) prepare a statement in writing of the number of ballot papers rejected under each of the clauses (a), (b), (c) and (d) of subparagraph (1), and

• (c) permit any candidate, mayoral agent or agent appointed under subparagraph (7) or (8) of paragraph 31 to make and keep a copy of that statement.

• (3) Where the statement referred to in subparagraph (2) is prepared by a deputy returning officer the statement shall be given to the returning officer as soon as practicable after its preparation.

• (4) The returning officer may endorse on any ballot paper that he or she does not reject as invalid an indication of the officer’s decision on it without, however, interfering with any mark placed by the elector on the ballot paper.

First count

• (a) reject any ballot papers that are invalid in accordance with paragraph 49,

• (b) arrange the remaining ballot papers in parcels according to the first preferences recorded for each candidate,

• (c) count the number of ballot papers in each such parcel and make a record in writing of the number of valid ballot papers, and

• (d) credit each candidate with a number of votes equal to the number of valid ballot papers on which a first preference has been recorded for such candidate and the returning officer shall ascertain the number of all valid ballot papers.

Quota

• (2) Where, at the end of any count—

• (a) the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected and no further transfer of votes shall be made, or

• (b) the number of votes credited to a continuing candidate exceeds the total of all the votes credited to the other continuing candidates, that candidate shall be deemed to be elected and no further transfer of votes shall be made.

Exclusion of candidate

• (a) exclude the candidate credited with the lowest number of votes and examine all the ballot papers of that candidate,

• (b) arrange the transferable ballot papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates,

• (c) transfer each such sub-parcel to the candidate for whom the preference is recorded,

• (d) place that sub-parcel on top of the parcel of ballot papers of the candidate to whom the transfer is made,

• (e) credit the candidate with a number of votes equal to the number of ballot papers in the sub-parcel transferred to him or her in accordance with clause (c),

• (f) make a separate sub-parcel of the non-transferable ballot papers and set them aside as finally dealt with.

• (2) Where the total of the votes of the 2 or more lowest candidates is less than the number of votes credited to the next highest candidate, the returning officer shall, in one operation, exclude such 2 or more lowest candidates if—

• (a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

• (b) where the number of votes credited to any one of such 2 or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subparagraph (1) could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.

• (3)
• (a) If, when a candidate falls to be excluded under this paragraph, 2 or more of the lowest placed candidates have each the same number of votes—

• (i) regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded,

• (ii) regard shall, in a case where the numbers of original votes are equal, be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded, and

• (iii) the returning officer shall determine by lot which candidate or candidates shall be excluded where the numbers of votes credited to those candidates were equal at all counts thus far.

• (b) A determination by lot for the purposes of clause (a) shall be conducted as follows:

• (i) the names of the candidates concerned shall be written on similar slips of paper;

• (ii) the slips shall then be folded so as to prevent the identification of any such candidate therefrom;

• (iii) the slips shall then be mixed together;

• (iv) each slip shall then be drawn at random by the returning officer.

• (c) The candidate or candidates shall be excluded in the order in which their names are drawn.

• (4) In this paragraph—

“non-transferable ballot paper” means a ballot paper on which no subsequent preference is recorded for a continuing candidate, and includes a ballot paper—

• (a) on which the names of 2 or more candidates (whether continuing candidates or not) are marked with marks that, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference,

• (b) on which the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark that, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with 2 or more marks indicating different orders of preference, or

• (c) that is void for uncertainty;

“transferable ballot paper” means a ballot paper on which—

• (a) a subsequent preference is indicated for a continuing candidate, or

• (b) subsequent preferences are indicated in consecutive numerical order for continuing candidates.

Recount

• (b) Nothing in this subparagraph shall be construed as obliging the returning officer to re-examine or recount any particular parcel of ballot papers more than once.

• (2) The returning officer may, at his or her discretion—

• (a) recount ballot papers once, or

• (b) recount ballot papers more than once if he or she is not satisfied as to the accuracy of any particular count,

and the power of a returning officer under this paragraph shall extend to ballot papers examined at an earlier count than the immediately preceding count.

• (3)
• (a) Not more than one request may be made by any candidate or his or her mayoral election agent for a re-examination and recount of all parcels of ballot papers, and the returning officer shall accede to that request.

• (b) In a re-examination and recount pursuant to a request under this paragraph, the number or order of ballot papers in any parcel shall not be altered.

• (c) Nothing in this subparagraph shall be construed as obliging the returning officer to re-examine or recount any particular parcel of ballot papers more than once, but if in the course of the examination and recount an error is discovered that, in the opinion of the returning officer, is a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

• (d) Nothing in this subparagraph shall be construed as obliging the returning officer to accede to a request under this paragraph that, in the opinion of the returning officer, is frivolous or vexatious.

• (e) A request under this subparagraph may be made at the conclusion of a count only.

• (4) Where, in the course of a re-examination and recount under this paragraph, the returning officer discovers an error in the original examination and count, he or she shall, where necessary, amend any results previously announced by him or her.

• (5) Where a candidate or his or her mayoral election agent withdraws a request made by him or her under subparagraph (3), the returning officer may, at his or her discretion, decide not to proceed or proceed further with the re-examination and recount.

Declaration of result of poll

Return of person elected

• (a) as soon as practicable after the result of the poll has been declared in accordance with paragraph 54, or