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

• (b) where no poll takes place by reason of one candidate only having been nominated at the mayoral election, when such person has been declared elected in accordance with subparagraph (2) of paragraph 29.

• (2) A certificate referred to in subparagraph (1) shall—

• (a) state the name and description of the person elected to be Mayor, and

• (b) be signed by the returning officer.

• (3) The returning officer shall give public notice of the name and description of the candidate elected and, in the case of a contested election of—

• (a) the total number of votes cast for each candidate (whether or not elected to be Mayor),

• (b) any transfer of votes, and

• (c) the total number of votes credited to each candidate at the end of the count at which such transfer took place.

• (4) The returning officer shall send a copy of the notice referred to in subparagraph (3) to the Minister.

Decision of returning officer

• (a) the exclusion of any candidate under paragraph 52, or

• (b) any ballot paper or transfer of votes,

shall be final, subject only to reversal on a petition questioning the election.

Chapter 13 Retention, inspection and disposal of documents

Retention and disposal of documents by returning officer

• (a) the counted ballot papers,

• (b) the ballot papers rejected at the counting of the votes,

• (c) the unused and spoilt ballot papers, and

• (d) the counterfoils of ballot papers issued at polling stations,

and shall mark on each such packet particulars of its contents and the date of the polling day at the election.

• (2) The returning officer shall also place in separate sealed packets—

• (a) the marked copies of the register of electors,

• (b) the ballot paper accounts and the statement prepared in accordance with paragraph 44,

• (c) the nomination papers of the candidates (whether valid or invalid) and the certificates of political affiliation, and

• (d) the authorisations to electors to vote at other polling stations,

and shall mark on each such packet particulars of its contents and the date of the polling day at the election.

• (3) The returning officer shall—

• (a) retain—

• (i) the documents referred to in subparagraphs (1) and (2),

• (ii) the documents referred to in article 41 of the Local Elections Regulations (applied by paragraph 34), and

• (iii) the documents referred to in paragraph (2) of article 47 (applied by subparagraph (3) of paragraph 35) of the Local Elections Regulations,

for the period of 6 months commencing on the date of the certificate of the return under paragraph 55, and

• (b) upon the expiration of that period, shall cause those documents to be destroyed unless—

• (i) otherwise directed by an order of a court having jurisdiction to decide petitions questioning the election, or

• (ii) the returning officer has reason to believe that the documents may be required for a purpose referred to in subparagraph (2) of paragraph 58.

Inspection of ballot papers

• (a) the counterfoils of the ballot papers sent to postal voters under article 33 of the Local Elections Regulations (applied by paragraph 34);

• (b) the counterfoils of the ballot papers delivered to special voters under article 46 of the Local Elections Regulations (applied by subparagraph (3) of paragraph 35);

• (c) the documents referred to in paragraphs (2) and (3) of article 41 of the Local Elections Regulations (applied by paragraph 34);

• (d) the documents referred to in subparagraph (1) of paragraph 57.

• (2) An order referred to in subparagraph (1) shall not be made unless the court is satisfied that the inspection of the documents concerned is required for the purpose of—

• (a) bringing or prosecuting an offence under Chapter 14, or

• (b) a petition under Chapter 15.

• (3) An order referred to in subparagraph (1) may be made subject to such conditions as to persons, time and place and manner of inspection as the court considers necessary or expedient and shall make provision to ensure that the manner in which any vote was cast shall not be disclosed.

• (4) Where an order is made under subparagraph (1), the production by a returning officer of a document referred to in that subparagraph for inspection shall be sufficient to prove that the document relates to the specified election, and any endorsement appearing on any packet so produced shall, until the contrary is shown, be sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.

Inspection of certain other documents

• (2) The returning officer shall supply copies of, or copies of extracts from, documents to which subparagraph (1) applies upon the request of any person and on the payment by such person of a fee to defray the reasonable cost of making such copies.

Chapter 14 Electoral offences

Personation

• (a) applies for a ballot paper for a mayoral election in the name of another person (whether or not living and whether or not fictitious), or

• (b) having obtained a ballot paper for a mayoral election in his or her name applies for another such ballot paper (except in circumstances to which article 64 (applied by paragraph 41) of the Local Elections Regulations applies),

shall be guilty of an offence.

• (2) A person to whom a ballot paper has been issued in accordance with article 33 (applied by paragraph 34) of the Local Elections Regulations shall be deemed to have obtained a ballot paper for the purposes of subparagraph (1).

• (3) A person who aids, abets, counsels or procures the commission of an offence under subparagraph (1) shall be guilty of an offence.

Bribery

• (a) give valuable consideration to any person—

• (i) for the purpose of inducing any person to vote in a mayoral election,

• (ii) for the purpose of procuring the election of any person as Mayor or the vote of any voter in a mayoral election, or

• (iii) on account of a voter having voted in a mayoral election,

• (b) procure by means, or in consequence, of valuable consideration having been given to any person, the election of any person as Mayor or the vote of any voter in a mayoral election,

• (c) withdraw, or refrain from withdrawing, one’s candidature in a mayoral election in consequence of the giving of valuable consideration to any person,

• (d) induce by means, or in consequence, of valuable consideration having been given, to any person the withdrawal of the candidature in a mayoral election of any person or the decision of any candidate in a mayoral election not to withdraw his or her candidature, or

• (e) receive, or enter into an agreement for the receipt of, valuable consideration for a person’s voting or agreeing to vote in a mayoral election.

• (2) A person who contravenes subparagraph (1) shall be guilty of an offence.

• (3) A person who aids, abets, counsels or procures the commission of an offence under this paragraph shall be guilty of an offence.

• (4) In this paragraph—

“give”, “induce” and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, whether directly or indirectly;

“valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money’s worth or valuable security or any office, place or employment to or for any person;

“vote” includes voting in a particular way or refraining from voting.

Undue influence

• (a) uses, or threatens to use, force or violence or uses, or threatens to use, any restraint against any person,

• (b) inflicts, or threatens to inflict, any spiritual or temporal loss or injury on any person, or

• (c) causes, or threatens to cause, any such loss or injury to any person,

for the purpose of inducing or compelling any person to—

• (i) vote or refrain from voting in a mayoral election,

• (ii) vote or refrain from voting—

• (I) for a particular person, or

• (II) in a particular manner,

in a mayoral election,

• (iii) stand as a candidate in a mayoral election, or

• (iv) withdraw, or refrain from withdrawing, his or her candidature in a mayoral election,

shall be guilty of an offence.

• (2) A person who, in relation to a mayoral election, directly or indirectly—

• (a) uses, or threatens to use, force or violence or uses, or threatens to use, any restraint against any person,

• (b) inflicts, or threatens to inflict, any spiritual or temporal loss or injury on any person, or

• (c) causes, or threatens to cause, any such injury or loss to any person,

for the purpose of impeding or preventing any person from—

• (i) standing as a candidate in a mayoral election, or

• (ii) exercising his or her right to vote in a mayoral election,

shall be guilty of an offence.

Breach of secrecy

• (a) before the poll at that election closes, discloses to any person any information obtained while so present relating to the official mark,

• (b) attempts, while so present, to ascertain the number on the back of any ballot paper or the candidate for whom any vote is given on any ballot paper, or

• (c) discloses to any person the number on the back of any ballot paper or the candidate for whom any vote is given on any ballot paper,

shall, unless authorised by law to so do, be guilty of an offence.

• (2) A person admitted to a polling station for any reason at a mayoral election who discloses to any person—

• (a) the name or number on the register of electors of an elector who has not applied for a ballot paper,

• (b) the name or number on the register of electors of an elector who voted at a polling station in that election, or

• (c) any information relating to the official mark,

before the poll closes shall, unless authorised by law to so do, be guilty of an offence.

• (3) A person who—

• (a) while present at the counting of the votes at a mayoral election, ascertains or attempts to ascertain the number on the back of any ballot paper, or

• (b) discloses to any person information obtained while so present as to the candidate for whom any vote is given on any ballot paper,

shall, unless authorised by law to so do, be guilty of an offence.

• (4) A person who, at a mayoral election—

• (a) interferes with or attempts to interfere with an elector when the elector is marking a ballot paper, or

• (b) while in a polling station, obtains or attempts to obtain information as to the candidate for whom any elector in the station proposes to vote or has voted,

shall, unless authorised by law to so do, be guilty of an offence.

• (5) A person who, at a mayoral election, discloses to any person information obtained in a polling station relating to—

• (a) the candidate for whom an elector in that station proposes to vote or has voted, or

• (b) the number on the back of the ballot paper issued to an elector at that station,

shall, unless authorised by law to so do, be guilty of an offence.

• (6) A person who directly or indirectly induces an elector at a mayoral election to display a ballot paper after the elector has marked it so as to make known to any person the name of the candidate for whom the elector voted or did not vote shall, unless authorised by law to so do, be guilty of an offence.

• (7) A person who, at a mayoral election—

• (a) interferes, or attempts to interfere, with the receipt, marking or return of a ballot paper by any postal voter, or

• (b) attempts to obtain information as to the candidate for whom any such voter voted or did not vote,

shall, unless authorised by law to so do, be guilty of an offence.

Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks, etc.

• (a) wilfully and without lawful authority, takes, destroys, conceals, opens or otherwise interferes with—

• (i) any ballot box,

• (ii) any packet of ballot papers,

• (iii) any packet of papers or documents of any kind then in use or intended to be used for the purposes of a mayoral election,

• (iv) any ballot paper account or marked copy of a register of electors prepared or used for the purposes of the election, or

• (v) any unused ballot paper,

• (b) maliciously destroys, tears, or defaces a ballot paper,

• (c) forges or counterfeits a ballot paper or the official mark on a ballot paper,

• (d) without lawful authority, supplies a ballot paper to any person,

• (e) fraudulently puts into a ballot box any paper other than the ballot paper that the person is authorised by law to put in it,

• (f) without lawful authority, removes a ballot paper from a polling station,

• (g) forges or fraudulently defaces or fraudulently destroys—

• (i) any nomination paper,

• (ii) any certificate of political affiliation,

• (iii) any authorisation under article 61 or 62 of the Local Elections Regulations (applied by paragraph 41),

• (iv) any official envelope or form of declaration of identity or form of receipt used in connection with special voting or voting by post, or

• (v) any other form or document used at a mayoral election,

• (h) produces to the returning officer a document purporting to be a nomination paper knowing it to be forged,

• (i) counterfeits the official mark, or

• (j) wilfully and without lawful authority—

• (i) removes, destroys or damages any instrument used for placing the official mark on ballot papers, or

• (ii) makes or has in his or her possession any device or instrument used or designed to be used to produce a counterfeit of the official mark,

shall be guilty of an offence.

Disorderly conduct at election meeting

• (2) A person who aids, abets, counsels or procures the commission of an offence under subparagraph (1) shall be guilty of an offence.

Omission of name and address of printer and publisher from election documents

• (2) Subparagraph (1) shall not apply as respects a notice, bill, poster or similar document printed, published or posted by a returning officer.

• (3) In this paragraph, “print” includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.

Nominating or withdrawing candidate without consent

• (a) nominate another person to be a candidate in a mayoral election, or

• (b) withdraw, purport to withdraw or attempt to withdraw the candidature of a candidate in a mayoral election,

without the consent of the person referred to in clause (a) or the candidate referred to in clause (b), as may be appropriate.

• (2) A person who contravenes subparagraph (1) shall be guilty of an offence.

Forged certificate of political affiliation

False declaration on nomination paper

• (2) A person who makes a declaration on a nomination paper at a mayoral election that he or she believes an ineligible person to be eligible for election at that election shall be guilty of an offence.

• (3) In proceedings for an offence under this paragraph, it shall be a defence for the defendant to show that he or she had reasonable grounds for believing that the candidate was eligible for election.

• (4) In this paragraph, “ineligible person” means a person who is not eligible to be elected to be Mayor.

Officer acting as agent of candidate or furthering candidature

• (a) acts as mayoral election agent or other agent for any candidate at that election, or

• (b) furthers or promotes the candidature of any candidate or the interests of any political party at that election,

shall be guilty of an offence.

Obstruction of nomination or poll

Damages for breach of duty by officers, etc.

Interference with or destruction of postal ballot papers

• (a) takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter at a mayoral election under this Part, or

• (b) supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it,

shall be guilty of an offence.

• (2) A person who aids, abets, counsels or procures the commission of an offence under this paragraph or who causes or incites any other person to commit such an offence shall be guilty of an offence.

Obstruction of or interference with electors

• (a) going to or from a polling station, or

• (b) in or in the vicinity of a polling station,

shall be guilty of an offence.

• (2) A person who, during the specified period—

• (a) loiters or congregates with other persons,

• (b) attempts to induce, by any means—

• (i) an elector to vote for a particular candidate or candidates, or

• (ii) an elector to vote in a particular way or refrain from voting,

• (c) displays or distributes any notice, sign, poster, card, circular or other document (other than a notice, sign or poster displayed by the returning officer) relating to the election concerned, or

• (d) uses or causes to be used any loud-speaker or other public address mechanism to publish or broadcast matter relating to the election,

in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of—

• (i) promoting the interest of a political party or promoting or furthering the candidature of a candidate or candidates, or

• (ii) soliciting votes for a candidate or candidates or for any contrary purpose,

shall be guilty of an offence.

• (3) For the purpose of this paragraph, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situated and the distance referred to in subparagraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

• (4) In this paragraph, “specified period” means, in relation to a poll at a mayoral election, the period—

• (a) commencing 30 minutes before the time appointed for the taking of the poll (including a poll that has been adjourned under article 69 (applied by paragraph 41) of the Local Elections Regulations), and

• (b) ending 30 minutes after the close of the poll.

Personation agent leaving polling station without permission

• (2) A personation agent who contravenes subparagraph (1) shall be guilty of an offence.

• (3) A personation agent who contravenes subparagraph (1) shall not return to the polling station referred to in that subparagraph without first obtaining the permission of the presiding officer.

Prohibition on voting by person registered as elector when not entitled to be so registered

• (a) who is registered in the register of electors but is not entitled to be so registered, or

• (b) who is not registered in that register,

shall not vote at a mayoral election.

• (2) A person who contravenes subparagraph (1) shall be guilty of an offence.

Unlawful marking of ballot papers by person acting as companion

False statement of withdrawal or death of candidate

Misleading statement as to process of voting

Handling of ballot papers by candidate or agent

Unauthorised inspection of documents

Corrupt withdrawal of petition

• (a) in consideration of any payment,

• (b) in consideration of the person deemed to have been elected to the office of Mayor relinquishing that office, or

• (c) for any substantive reason not stated in the affidavit referred to in subparagraph (4) of paragraph 98,

shall be guilty of an offence.

Limitation of time for prosecution of offence

• (a) not later than 12 months from the date of the offence, or

• (b) in the case of an offence committed in relation to a mayoral election as respects which proceedings are before the High Court under Chapter 15—

• (i) not later than 12 months from the date of the offence, or

• (ii) not later than 3 months from the conclusion of those proceedings,

whichever occurs later, but proceedings for an offence to which this clause applies shall not be instituted after the expiration of 2 years from the date of the offence.

Penalties

• (a) on summary conviction, to a class D fine or imprisonment for a period not exceeding 6 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €3,200 or imprisonment for a period not exceeding 2 years or both.

• (2) A person guilty of an offence under paragraph 66, 75 or 80 shall be liable on summary conviction to a fine not exceeding €600 or imprisonment for a period not exceeding 3 months or both.

Compensation where certain charge is unjustly made or not prosecuted

Certificate of returning officer to be prima facie evidence

Chapter 15 Petitions

Interpretation

“costs” includes charges and expenses;

“electoral offence” means an offence under—

• (a) Chapter 14, or

• (b) Part X of the Electoral Act 1997;

“petition” means a petition presented to the High Court under this Chapter.

Questioning mayoral election

• (2) A petition shall not be presented under this Chapter without the leave of the High Court.

• (3) An application for leave to present a petition under this Chapter may be made to the High Court—

• (a) not later than 14 days after the day on which the returning officer declares the result of the mayoral election,

• (b) in the case of an allegation of a contravention of subparagraphs (1) or (3) of paragraph 61, not later than 14 days after the day on which the contravention is alleged to have occurred, or

• (c) in the case of an allegation of a failure (before, on or after the returning officer declares the result of the mayoral election) to comply with Part X of the Electoral Act 1997, not later than 14 days after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 106 of that Act.

• (4) An application to which clause (b) or (c) of subparagraph (3) applies may be made even where the High Court has already considered and adjudicated upon a petition presented by or on behalf of a person other than the person who or on whose behalf the application is made in relation to the declaration of the result of the mayoral election concerned.

• (5) An application for leave to present a petition under this Chapter may be made by—

• (a) a person whose name is entered on the register of electors,

• (b) a person who would be entitled to have his or her name entered in that register were he or she to apply to have his or her name so entered, or

• (c) the Director of Public Prosecutions if it appears to him or her that grounds exist for believing that the result of the mayoral election concerned may have been affected by the commission of an offence under this Part.

• (6) The High Court shall, upon an application under this paragraph, grant leave to present a petition under this Chapter if, in relation to the mayoral election concerned, it is satisfied that there is prima facie evidence of a ground referred to in paragraph 92.

Presenting of petition

• (2) Where a petition is presented to the High Court in accordance with subparagraph (1), the person (in this Chapter referred to as the “petitioner”) by whom, or on whose behalf, the petition is presented shall, as soon as may be after its having been so presented, give a copy of the petition to—

• (a) the person deemed to be elected Mayor in accordance with the declaration under paragraph 54,

• (b) the Minister,

• (c) the returning officer,

• (d) the director general, and

• (e) the Director of Public Prosecutions, unless the petitioner is the Director of Public Prosecutions.

Security for costs

• (a) security in the sum of €6,350, or

• (b) such lesser sum as the High Court may require in accordance with subparagraph (2),

for costs that may become payable by the petitioner should the High Court adjudicate against the petitioner on the question to which the petition relates.

• (2) Where the High Court is satisfied that—

• (a) a petitioner is unable to lodge the sum specified in subparagraph (1), or

• (b) to require a petitioner to lodge the said sum would cause the petitioner undue financial hardship,

the court may require the petitioner to lodge such lesser amount as the court considers appropriate.

• (3) The security required to be given by a petitioner in accordance with this paragraph shall be given by—

• (a) recognisances entered into by any number, not exceeding 4, of sureties satisfactory to the court,

• (b) a deposit of money by the petitioner, or

• (c) partly by such recognisances and partly by such deposit.

• (4) This paragraph shall not apply to a petition presented by the Director of Public Prosecutions.

Particulars in petition

• (a) the mayoral election to which it relates,

• (b) the grounds on which it is based,

• (c) the nature of the remedy sought, and

• (d) the name and address of the petitioner and of the petitioner’s solicitor or agent (if any).

Grounds for petition

• (a) the candidate at a mayoral election was not eligible for election, or

• (b) the result of the mayoral election in accordance with a declaration made under paragraph 54 was likely to have been affected by—

• (i) the commission of an electoral offence,

• (ii) the obstruction of, or interference with, the conduct of the election,

• (iii) mistake or other irregularity, or

• (iv) the failure by the returning officer to conduct the election in accordance with this Part.

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

• (a) a failure to comply with Part X of the Electoral Act 1997, or

• (b) any mistake in the use of forms provided for in that Part,

if it appears to the High Court, upon the hearing of a petition under this Chapter, that a candidate or party, as the case may be, acted in good faith and complied with the principles of that Part taken as a whole and that such failure or mistake did not materially affect the result of the election.

• (3) Notwithstanding any other provision of this Chapter, a petition shall not be dismissed by reason only of an informality in its contents that does not materially affect its substance.

Hearing of petition

• (2) The High Court shall fix the earliest practicable date to be the date for the commencement of the hearing of the petition.

• (3) Where, after the commencement of the hearing of a petition under this Chapter and before final judgment is given in relation to the petition, the person to whose election the petition relates dies or resigns, the High Court may, if it considers that the interest of justice so require, continue to hear the petition.

• (4) The Director of Public Prosecutions may at any stage be joined as a party to the proceedings consisting of the hearing of a petition by the High Court on either his or her application or the direction of the court.

• (5) Upon the direction of the High Court, the returning officer for the Limerick City and County Electoral Area shall—

• (a) attend the hearing of a petition under this Chapter, and

• (b) give all such assistance to the court as it may require.

• (6) Subparagraph (5) is without prejudice to the returning officer’s being a party to the proceedings concerned or being called as a witness in such proceedings.

Matters relating to final order on trial of petition

• (2) A decision under subparagraph (1) shall consist of—

• (a) the dismissal of the petition and the upholding of the result declared under paragraph 54 of the poll in the mayoral election concerned, or

• (b) a declaration that the mayoral election concerned was, in whole or in part, not conducted in accordance with this Part.

• (3) Where the High Court makes a declaration under clause (b) of subparagraph (2), it shall include with the declaration a statement of its reasons.

• (4) The court shall, as soon as practicable after it has made a decision under subparagraph (1), give a copy of the decision to—

• (a) the person to whose election the decision relates,

• (b) the Minister,

• (c) the returning officer,

• (d) the director general, and

• (e) the Director of Public Prosecutions, unless the petitioner is the Director of Public Prosecutions.

• (5) The court shall have power to make such amendments in the return of the person elected made to the director general by the returning officer under paragraph 55 as it considers necessary in consequence of its decision on a petition.

• (6) As soon as practicable after a copy of the decision is given to the director general in accordance with subparagraph (4), the director general shall inform the members of Limerick City and County Council of the terms of the decision.

Counting of votes afresh

• (a) all votes cast in the poll concerned be counted afresh, or

• (b) all votes so cast and recorded on the ballot papers contained in a particular parcel be so counted.

• (2) Subject to subparagraphs (3) and (4), votes to which an order under this paragraph applies shall be counted afresh under the direction of the High Court, and Chapter 12 shall apply mutatis mutandis to such counting.

• (3) Where votes are counted afresh in accordance with an order under this paragraph, the following preferences on a ballot paper shall be disregarded:

• (a) preferences recorded on ballot papers that are invalid by virtue of subparagraph (1) of paragraph 49;

• (b) preferences recorded on forged or counterfeited ballot papers;

• (c) preferences recorded for any person who, with respect to the mayoral election, is found by the court not to have been eligible to be elected to be Mayor.

• (4) The court shall have power to reverse any decision of the returning officer at the original count.

• (5) The costs of complying with an order under this paragraph shall be paid out of moneys provided by Limerick City and County Council.

Appeal to Supreme Court

• (2) Any party to proceedings in the hearing of a petition may appeal the decision of the High Court under paragraph 95 to the Supreme Court on a point of law only.

New mayoral election

• (2) Subparagraph (1) shall not apply if the holding of the new election would, but for this paragraph, take place during the period of 3 months before the 1st day of May in any year in which an election referred to in section 26 of the Principal Act is required to be held.

Withdrawal of petition

• (2) The High Court shall not grant leave to withdraw a petition unless it is satisfied that the notice given under subparagraph (5) was reasonable.

• (3) Where a petition was presented by, or on behalf of, more than one person, the High Court shall not grant leave to withdraw the petition unless it is satisfied that each such person agrees to the withdrawal.

• (4) An application for leave to withdraw a petition in accordance with this paragraph shall be accompanied by an affidavit sworn by the applicant stating—

• (a) the reasons for the proposed withdrawal, and

• (b) that, to the best of the applicant’s knowledge and belief, no agreement or undertaking has been made or entered into in relation to the withdrawal of the petition—

• (i) in consideration of any payment,

• (ii) in consideration of the person deemed to have been elected to the office of Mayor relinquishing that office, or

• (iii) for any substantive reason not stated in the affidavit,

and, in the case of an intention to make an application to which subparagraph (3) applies, each petitioner shall, unless the High Court otherwise directs, swear an affidavit under this subparagraph.

• (5) A petitioner who intends to apply for leave to the High Court to withdraw a petition shall, before making the application—

• (a) publish a notice in at least 2 daily newspapers circulating in the Limerick City and County Electoral Area of his or her intention to so apply stating the time and place at which the application shall be made and that any person to whom subparagraph (5) of paragraph 88 applies may apply to the court to be substituted for the petitioner in the proceedings concerned, and

• (b) except in the case of a petition presented by the Director of Public Prosecutions, give to the Director of Public Prosecutions a notice of the time and place at which the application shall be made and a copy of the affidavit referred to in subparagraph (4),

and, in the case of an application to which clause (b) applies, the Director of Public Prosecutions may be represented at the hearing of, and may oppose, the application.

• (6) The grant of leave by the High Court to withdraw a petition shall not affect the liability of any person for the costs incurred up until the date of such grant in relation to the petition.

• (7) On the hearing of an application by a petitioner under this paragraph, any person to whom subparagraph (5) of paragraph 88 applies may apply to the High Court to be substituted for the petitioner in proceedings for the hearing of the petition concerned.

• (8) Upon an application to withdraw a petition under this paragraph, the High Court may, instead of granting leave to withdraw the petition and where it considers appropriate, direct that a person who makes an application under subparagraph (7) shall, in the proceedings for the hearing of the petition, be substituted for the petitioner who made the first-mentioned application, and references in this Chapter to petitioner shall be construed as including references to a person so substituted.

Substitution of new petitioner following withdrawal

• (a) gives a direction under subparagraph (8) of paragraph 98, and

• (b) is of the opinion that the petitioner applied for leave to withdraw the petition concerned pursuant to an agreement or undertaking referred to in paragraph 82,

the court may direct that the security for costs given by that petitioner shall continue to be the security for the costs that may be incurred by the person (in this paragraph referred to as the “substituted petitioner”) whose name was substituted in the proceedings for the hearing of the petition in accordance with the said direction and that, to the extent only of the sum named in the security or of which the security consists, the first-mentioned petitioner and his or her sureties (if any) shall be liable to pay the costs of the substituted petitioner.

• (2) Where the High Court—

• (a) gives a direction under subparagraph (8) of paragraph 98 but does not give a direction under subparagraph (1), or

• (b) substitutes a petitioner under subparagraph (4) of paragraph 100,

the security required by paragraph 90 in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given, no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of the estate of such person) for the payment of costs previously incurred.

Abatement of petition

• (b) Clause (a) shall not apply where the petition was presented by more than one petitioner unless all such petitioners die before final judgment is given in relation to the petition.

• (2) The abatement of proceedings under subparagraph (1) shall not affect the liability of any person to pay costs incurred prior to such abatement.

• (3) Any person to whom subparagraph (4) of paragraph 88 applies may, not later than 14 days after the abatement of proceedings in relation to a petition under this paragraph, apply to the High Court to be substituted for the deceased petitioner in the proceedings.

• (4) Upon an application under subparagraph (3), the High Court may, where it considers appropriate, direct that the applicant be substituted for the deceased petitioner, and references in this Chapter to petitioner shall be construed as including references to a person so substituted.

• (5) Upon the giving of a direction under subparagraph (4), the proceedings concerned shall be continued.

Effect of certain declarations by court

• (a) the person deemed to be elected Mayor in accordance with the declaration under paragraph 54 was not eligible to be elected to be Mayor, or

• (b) the mayoral election concerned was, in whole or in part, not conducted in accordance with this Part,

the person to whom the declaration relates shall cease to be deemed to have been elected Mayor on the day immediately following the day on which a copy of the decision is given to the director general in accordance with subparagraph (4) of paragraph 94 and that office shall, save in the case of a decision to which subparagraph (2) applies, stand vacant.

• (2) Where the High Court decides under paragraph 94 that, but for—

• (a) the person deemed to have been elected Mayor in accordance with the declaration under paragraph 54 having been ineligible to be elected to be Mayor, or

• (b) the mayoral election having been, in whole or in part, not conducted in accordance with this Part,

the result of the poll at the election concerned would have necessitated the making of a declaration by the returning officer under paragraph 54 that would have resulted in another candidate having been deemed to be elected Mayor at that election, that candidate shall, from the day immediately following the day on which a copy of the decision is given to the director general in accordance with subparagraph (4) of paragraph 94, stand so elected.

No action to be taken in certain circumstances to fill mayoral vacancy

Witnesses

• (2) A person to whom a direction under subparagraph (1) is given shall comply with that direction.

• (3) A person who is called to give evidence at the trial of a petition shall not be excused from answering any question relating to an electoral offence on the grounds that the answer to the question might incriminate or tend to incriminate that person, or on grounds of privilege.

• (4) Evidence given by a person at the hearing of a petition shall not be admissible as evidence in any proceedings for an offence (other than the offence of perjury) brought against that person.

Costs of petition

• (a) have the power to order such costs (or any part thereof) of any party to proceedings at the hearing of the petition to be paid by any other such party, and

• (b) where the court orders the petitioner to pay such costs to any such party, directs that all or part of those costs be paid out of the security given by the petitioner in accordance with paragraph 90.

Further provisions regarding costs

• (2) Costs awarded to the returning officer in proceedings for the hearing of a petition shall be—

• (a) payable to Limerick City and County Council, and

• (b) recoverable by Limerick City and County Council as a simple contract debt in any court of competent jurisdiction.

• (3) Subject to subparagraphs (4) and (5), costs awarded against the returning officer at the trial of a petition shall be paid out of moneys provided by Limerick City and County Council.

• (4) Where the High Court is satisfied that the returning officer has been grossly negligent in the discharge of his or her duties, it may order that the returning officer shall be personally liable for any costs awarded against him or her by the court.

• (5) Where an order is made under subparagraph (4), any costs awarded against the returning officer concerned, that are paid out of moneys provided by Limerick City and County Council, shall be—

• (a) a simple contract debt due to Limerick City and County Council by the returning officer, and

• (b) recoverable by Limerick City and County Council in any court of competent jurisdiction.

Service of documents

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

• (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address.

PART 2 Form of Ballot Paper (Front of Paper)

Toghchán do Mhéara Luimnigh

Mayor of Limerick election

TREORACHA

INSTRUCTIONS

DOYLE – LIBERAL SOCIALISTS MARY DOYLE, of 10 High Street, Knockmore, Nurse.	Emblem	Photograph
LYNCH – URBAN PARTY JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.	Emblem	Photograph
MURPHY PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.	Photograph
Ó BRIAIN — CUMANN NA SAORÁNACH SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór, Oide Scoile.	Emblem	Photograph
O’BRIEN – NON-PARTY EAMON O’BRIEN, of 22 Wellclose Place, Knockbeg, Barrister.
O’BRIEN – THE INDEPENDENT PARTY ORLA O’BRIEN, of 103 Eaton Brae, Cahermore, Solicitor.	Emblem	Photograph
O’CONNOR — NATIONAL LEAGUE CAROLINE O’CONNOR, of 7 Green Street, Carnmore, Engineer.	Emblem	Photograph
THOMPSON — RURAL PARTY WILLIAM H. THOMPSON, of Dereen, Ballyglass, Farmer.	Emblem	Photograph

(Back of Paper)

Uimhir/Number .......................................................................................................

Toghchán do Mhéara Luimnigh

Mayor of Limerick election

(Back of Counterfoil)

Comhdhuille Uimhir

Counterfoil No. .............................................................

SCHEDULE 3 APPLICATION OF PRINCIPAL ACT TO LIMERICK

Section 5