ELECTORAL ACT, 1992 (1992_act_23) | IE

ISB Act 1992-11-05

Schedule 1 ELECTORAL ACT, 1992 Open official source

FIRST SCHEDULE Enactments Repealed and Regulations Revoked

Enactments Repealed and Regulations Revoked

Section 5.

PART I Enactments Repealed

PART I

Enactments Repealed

Session and Chapter or Number and Year

Short Title

Extent of Repeal

15 & 16 Vict., c. 57.

Election Commissioners Act, 1852.

The whole Act.

31 & 32 Vict., c. 125.

Parliamentary Elections Act, 1868.

The whole Act.

32 & 33 Vict., c. 21.

Corrupt Practices Commission Expenses Act, 1869.

The whole Act.

40 & 41 Vict., c. 57.

Supreme Court of Judicature Act (Ireland) 1877.

Section 43.

42 & 43 Vict., c. 75.

Parliamentary Elections and Corrupt Practices Act, 1879.

The whole Act.

46 & 47 Vict., c. 51.

Corrupt and Illegal Practices (Prevention) Act, 1883.

The whole Act.

No. 12 of 1923.

Electoral Act, 1923.

The whole Act.

No. 38 of 1923.

Prevention of Electoral Abuses Act, 1923.

The whole Act.

No. 14 of 1933.

Electoral (Amendment) Act, 1933.

Section 3.

No. 23 of 1941.

Local Government Act, 1941.

Subsection (6) of section 33;

subsection (5) of section 34.

No. 43 of 1960.

Electoral Act, 1960.

The whole Act.

No. 19 of 1963.

Electoral Act, 1963.

Parts II and III;

in Part IV — section 54;

in Part V — section 72;

Parts VII and VIII.

No. 1 of 1966.

Electoral (Amendment) Act, 1966.

The whole Act.

No. 4 of 1972.

Electoral (Amendment) Act, 1972.

Section 1.

No. 12 of 1972.

Local Elections Act, 1972.

Section 1.

No. 3 of 1973.

Electoral (Amendment) Act, 1973.

Paragraphs (a) and (b) of section 2.

No. 30 of 1977.

European Assembly Elections Act, 1977.

Sections 3 and 8.

No. 40 of 1980.

Electoral (Amendment) (No. 2) Act, 1980.

The whole Act.

No. 5 of 1982.

Prevention of Electoral Abuses Act, 1982.

The whole Act.

No. 12 of 1985.

Electoral (Amendment) Act, 1985.

Section 2;

subsection (1) of section 3;

sections 4 and 5;

subsection (2) of section 9.

No. 12 of 1986.

Electoral (Amendment) Act, 1986

Section 1.

No. 35 of 1986.

Electoral (Amendment) (No. 2) Act, 1986.

Subsections (1) and (2) of section 2;

subsections (3) and (4) of section 2 insofar as they relate to Dáil elections;

sections 3, 4, 5, 6, 7 and 8;

sections 9, 10, 11, 12, 13 and 14 insofar as they relate to Dáil elections;

section 15;

section 16 insofar as it relates to Dáil elections;

section 17;

section 20 insofar as it relates to Dáil elections;

sections 21, 22, 23 and subsection (1) of section 24.

No. 8 of 1989.

Electoral (Amendment) Act, 1989.

The whole Act.

PART II Regulations Revoked

PART II

Regulations Revoked

Number and Year

Short Title

Extent of Repeal

No. 169 of 1963.

Registration of Electors and Juries Acts (Specification of Dates) Regulations, 1963.

The whole regulations.

No. 246 of 1963.

Forms (Dáil Elections, Presidential Elections and Referenda) Regulations, 1963.

Part 1 of the Schedule.

No. 115 of 1972.

Forms (Dáil Elections, Presidential Elections and Referenda) (Amendment) Regulations, 1972.

In the Schedule — Forms D.E.5 and D.E.6.

No. 381 of 1977.

Registration of Electors (Amendment) Regulations, 1977.

The whole regulations.

No. 402 of 1985.

Registration of Electors (Amendment) Regulations, 1985.

The whole regulations.

No. 5 of 1987.

Electoral Regulations, 1987.

In Article 5 — paragraphs (a), (b) and (c);

Article 6;

in the Third Schedule — Forms SV1, SV2, SV3 and SV4.

ISB Act 1992-11-05

Schedule 2 ELECTORAL ACT, 1992 Open official source

SECOND SCHEDULE Registration of Electors

Registration of Electors

Sections 13, 15, 17 and 20.

PART I The Register of Electors

PART I

The Register of Electors

Specified dates and periods.

1. (1) The qualifying date for a register shall be the 1st day of September in the year preceding the year in which the register comes into force.

(2) Each register shall come into force on the fourteenth day after its publication.

(3) The 15th day of February in the year in which a register comes into force shall be the date by reference to which a person's age shall be taken for the purposes of sections 7, 8, 9 and 10.

(4) The date on or by reference to which any act or thing is required by this Schedule to be performed or done shall be the date specified for that purpose in the Table to this paragraph.

TABLE

Specified Dates

Purpose

Relevant Section or Rule

Date

1. Qualifying date

Rule 1

1st September in the year preceding the year in which the register comes into force.

2. Specified period for giving public notice in relation to special voters

Rule 21

The period of 14 days ending on 1st September.

3. Last date for sending of statement to registration authority by civil servants serving abroad

Section 12

30th September.

4. Last date for receipt of application to be entered on special voters list

Rule 19

25th November.

5. Last date for sending by urban authorities of lists of electors to registration authority

Rule 5

1st October.

6. Publication of draft register

Rule 5

1st November.

7. Last date for making claims

Rule 7

25th November.

8. Publication of list of claims

Rule 7

30th November.

9. Completion of return by county registrar of endorsed list of claims

Rule 12

23rd December.

10. Publication of register

Rule 13

1st February.

11. Coming into force of register

Rule 1

Fourteenth day after publication of the register.

12. Period for ascertaining if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions

Section 15 (3)

The period of 14 days commencing on the date of the publication of the register.

(5) Where the date on or by reference to which any act or thing is required by this Schedule to be performed or done falls on an excluded day that act or thing shall be done on or by reference to the next following day which is not an excluded day.

Form and contents of register.

2. (1) The register shall be in such form as may be directed by the Minister and shall, as respects each polling district, contain the names of all persons who are entitled to be registered as electors on the qualifying date for the register.

(2) The names in the register for a registration area shall be arranged under polling districts and—

(a) if the registration area is a county borough, shall be arranged in street order unless the registration authority consider that, having regard to the general character of any part of the area, arrangement in street order for that part is inappropriate,

(b) if the registration area is an administrative county, shall be arranged alphabetically in townland order unless the registration authority consider that, having regard to the general character of any part of the area, arrangement in street order or in any other order is possible and convenient.

Effect of register.

3. The parts of the register for the polling districts in a Dáil constituency, so far as they relate to presidential electors, shall be the register of presidential electors for that constituency and, so far as they relate to Dáil electors, shall be the register of Dáil electors for that constituency and the parts of the register for the polling districts in a European Parliament constituency, so far as they relate to European electors, shall be the register of European electors for that constituency and the parts of the register for the polling districts in a local electoral area, so far as they relate to local government electors, shall be the register of local government electors for that area.

Postal voters list.

4. The registration authority shall prepare a separate list in such form as may be directed by the Minister for the whole registration area or, where the area includes all or part of more than one constituency, for each such constituency or part of a constituency in the registration area, of persons entitled to vote as postal voters without, however, removing the names of those voters from the register.

Preparation of draft register.

5. (1) For the purpose of preparing the register, each registration authority shall make a house to house or other sufficient inquiry in their registration area, exclusive of boroughs and urban districts therein.

(2) The corporation of each borough which is not a county borough and the council of each urban district in a registration area shall make a house to house or other sufficient inquiry in the borough or urban district and, from the information so obtained, compile and furnish to the registration authority on or before the specified date in each year lists in the form of a draft register for the borough or urban district.

(3) The registration authority may for the purposes of their duties in relation to the preparation of a register require a person—

(a) to give any information in his possession which the registration authority may require;

(b) to produce a certificate of birth, or, if that is not practicable or convenient, to make a statutory declaration as to his age;

(c) to provide documentary evidence or to make a statutory declaration that he is a person entitled to be registered as a Dáil elector under section 8 (2);

(d) to produce a certificate of naturalisation or to make a statutory declaration that he is a citizen of Ireland;

(e) to make a statutory declaration that he is a national of a Member State of the European Communities other than Ireland,

and where a declaration is so required, any fees payable in connection therewith shall be paid by the authority requiring it.

(4) The registration authority shall, during office hours, allow any person to inspect and take a copy of any declaration furnished under paragraph (3).

(5) The registration authority may require the superintendent registrar of births and deaths to furnish lists or other information in connection with deaths of persons in the district of the superintendent registrar. Where the superintendent registrar is an individual, payment for such lists or information shall be made by the registration authority at a rate approved from time to time by the Minister and in any other case no payment shall be made.

(6) From the information obtained under this Rule the registration authority shall prepare and publish a draft register on or before the specified date in each year.

Persons to whom draft register is to be sent.

6. (1) The registration authority shall, as soon as may be after the publication of the draft register, send a copy of the draft register—

(a) for the registration area — to the Minister, the county registrar and each head postmaster in the area;

(b) for a European Parliament constituency — to each representative in the European Parliament for that constituency;

(c) for a Dáil constituency — to each member of the Dáil for that constituency and each member of the Seanad residing in that constituency;

(d) for a local electoral area — to each local authority member for that area.

(2) The registration authority shall send with each copy of the draft register sent in pursuance of the preceding paragraph to each person other than the Minister a supply of forms for the making of claims for corrections in the draft register.

(3) The registration authority shall supply to the county registrar such further number of copies of the draft register for a registration area as he shall require for the purposes of his duties as county registrar.

Claims for corrections in draft register.

7. (1) Any person may claim to have a correction made in a draft register, including in particular a claim to have the name of a person added to or deleted from the draft.

(2) A claim under this Rule shall be sent to the registration authority on or before the specified date.

(3) The registration authority and the county registrar shall, on the application of any person, supply forms on which claims may be made.

(4) The registration authority shall prepare and publish on or before the specified date a list of claims in such form as may be directed by the Minister.

(5) The registration authority shall, not later than the date specified for the publication of the list of claims, send copies of the said list to the county registrar together with the original claims.

(6) The registration authority or the county registrar, as may be appropriate, shall allow any person during office hours to inspect and take extracts from a claim or may supply copies of a claim.

Consideration of claims by the county registrar.

8. (1) The county registrar shall consider all claims of which notice has been given to him in accordance with Rule 7 and all objections to corrections referred to him under Rule 11.

(2) Before considering a claim for the deletion of a person's name from the draft register the county registrar shall, except where he is satisfied that the person is dead, give not less than five clear days notice to the claimant (if he is not the registration authority or a person whose duty it is to make the house to house or other inquiry on which the draft register is based) and to the person in respect of whom the claim is made of the time and place at which the claim will be considered by him.

(3) If the county registrar is satisfied that a claim, other than a claim for the deletion of a person's name from the draft register, should not be allowed without inquiry he shall give not less than five clear days notice to the claimant (if he is not the registration authority or a person whose duty it is to make the house to house or other inquiry on which the draft register is based) and to any other person appearing to him to be interested of the time and place at which the claim will be considered by him.

(4) The county registrar may require any officer of a registration authority or of a corporation of a borough which is not a county borough or a council of an urban district in the registration area and any person whose duty it is to make the house to house or other inquiry on which the draft register is based to attend at such times and at such places as he may consider necessary for the purpose of enabling him to decide any claim or other matter arising out of his consideration of the draft register.

(5) The county registrar may, on consideration of any claim or other matter, require that the evidence tendered by any person should be given on oath and may administer an oath for that purpose.

(6) On the consideration of any claim or other matter by the county registrar, any person interested may appear and be heard either in person or by any other person on his behalf.

Inquiries and claims by county registrar.

9. (1) The county registrar may require any person to give any information in his possession which the county registrar may require for the purposes of his duties under this Schedule.

(2) The county registrar, if it appears to him that the draft register should be corrected in any respect, may himself make a claim for the correction, and any such claim may be made notwithstanding the fact that the time for sending a claim under Rule 7 may have expired.

(3) Any such claim need not be published but otherwise shall be considered in the same manner and on the same conditions as a claim under Rule 7.

Correction of draft register.

10. The registration authority shall, not later than ten days before the date specified for the completion of the return by the county registrar of the endorsed list of claims, make any corrections by way of the removal of duplicate entries (subject to any expression of choice by the persons affected by those entries), the deletion of the names of persons who are dead, or the placing of marks or the correction of marks placed against the name of an elector, or otherwise as may be necessary in order to secure that—

(a) a person is not registered more than once as an elector, and

(b) the draft register is complete and accurate.

Objections to corrections.

11. Where the registration authority propose to make any correction in the draft register under Rule 10 otherwise than for the purpose of correcting an inaccuracy not involving a change of substance or deleting the name of a person who is dead, they shall give notice to any persons affected by the correction of their right of objection to the correction, and, if necessary, of being heard by the county registrar with respect thereto.

Return of corrected list of claims.

12. (1) Immediately on completing his decisions on claims and on any objections under Rule 11, relating to the part of the list of claims for a local electoral area or such smaller area as may be found convenient, the county registrar shall send to the registration authority a certified copy of that part of the list endorsed to show the effect of his decisions.

(2) The county registrar shall send all the parts of the list of claims making up the complete list of claims for the registration area, endorsed as aforesaid, to the registration authority not later than the specified date.

(3) The registration authority shall, on receiving part of the list of claims from the county registrar, forthwith make any corrections in the draft register necessary to give effect to his decisions and shall send notice of the decision on each claim to the claimant (other than the county registrar or a claimant who is a person whose duty it is to make the house to house or other inquiry on which the register is based) and to any other person appearing to them to be interested, together with an intimation of the right of appeal against the decision to the Circuit Court under section 21.

Publication of register.

13. (1) The draft register corrected in accordance with Rules 10 and 12 shall form the register.

(2) The registration authority shall publish the register on the specified date in each year.

(3) Where the registration authority for any reason fail to publish on the specified date the register for their area or any part thereof, the registration authority shall publish the register as soon as possible after the specified date.

(4) In addition to publishing the register in the manner specified in Rule 25 the registration authority shall publish the register by sending a copy of the register—

(a) for the registration area — to the Minister, the county registrar and each head postmaster in the area;

(b) for a European Parliament constituency — to each representative in the European Parliament for such constituency;

(c) for a Dáil constituency — to each member of the Dáil for that constituency and to each member of the Seanad residing in the constituency;

(d) for a local electoral area — to each local authority member for that area.

Inspection and fees for copies of registers.

14. (1) The registration authority and the county registrar shall allow any person during office hours to inspect for purposes connected with the registration of electors, a copy of the register or of the draft register.

(2) The fee for a copy of the register or draft register or any part thereof shall be fifty pence plus the sum of ten pence for each one hundred by which the number of persons in the register or draft register or part thereof exceeds one hundred.

(3) The registration authority shall, on payment of the said fee, supply to any person a copy of the register or draft register or the appropriate part thereof.

(4) No fee shall be charged by the registration authority for supplying on request—

(a) one copy of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, in their registration area, to—

(i) the local agent of each duly nominated candidate at a presidential election,

(ii) each candidate duly nominated for the constituency at a Dáil election, and

(iii) each candidate duly nominated for the local electoral area at a local election,

(b) one copy of the register for each European Parliament constituency or part thereof contained in the registration area to each candidate duly nominated at a European election for such constituency,

(c) such number of copies of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, as the returning officer at a Dáil election or a local election or the local returning officer at a presidential election or a referendum requires for the purpose of his duties as returning officer or local returning officer, and

(d) such number of copies of the register for the registration area or any part thereof as the returning officer or local returning officer at a European election requires for the purpose of his duties at such election.

(5) The registration authority shall supply, free of charge, on request, a copy, in standard computer medium and format, of any computer data files used in the production of the register which the returning officer at a Dáil election or a local election, the local returning officer at a presidential election or a referendum or the returning officer or local returning officer at a European election may require for the purposes of his duties at such election or referendum.

PART II Supplement to the Register of Electors

PART II

Supplement to the Register of Electors

Consideration by registration authority of applications to be entered in the supplement to the register.

15. (1) On receipt of an application to be entered in the supplement to the register of electors under section 15, the registration authority shall make such inquiries as they think fit for the purpose of considering such application, and the provisions of paragraphs (3), (4) and (5) of Rule 5 shall apply in relation to the consideration of such application.

(2) The registration authority shall, as soon as practicable, consider and rule on the application and shall notify the applicant of the ruling and, where the application is refused, of his right to appeal against the ruling to the county registrar.

Appeal against ruling of registration authority.

16. In case the application for entry in the supplement to the register is refused, an appeal, in writing, may be made to the county registrar against the ruling of the registration authority.

Ruling on appeal by county registrar.

17. (1) The county registrar shall consider and rule on an appeal made to him under Rule 16 and shall notify the registration authority of the ruling and the registration authority shall send notice in writing of the ruling to the applicant and shall take such steps as may be necessary to give effect to the ruling.

(2) (a) Before ruling on an appeal made to him under Rule 16 the county registrar may make such further inquiry as he may consider necessary and may require any person to give any information in his possession which the county registrar considers necessary for the purpose of his duties under this Rule.

(b) The provisions of paragraphs (4) and (5) of Rule 8 shall apply to the consideration of an appeal under this Part by the county registrar.

Preparation and publication of supplement to the register.

18. (1) As soon as may be after the twelfth day (disregarding any excluded day) before polling day at an election or a referendum, the registration authority shall prepare and publish a list of the names of persons (if any) whose applications to be entered in the supplement to the register were received on or before said twelfth day (disregarding any excluded day) before polling day and allowed by the registration authority, or on appeal by the county registrar.

(2) The list prepared under paragraph (1) shall form the supplement to the register.

(3) The supplement to the register shall be in such form as may be directed by the Minister.

PART III Special Voters List

PART III

Special Voters List

Application to be entered in the special voters list.

19. The following provisions shall apply in relation to an application to be entered in the special voters list pursuant to section 17—

(a) the application shall be in the form directed by the Minister,

(b) the application shall be completed in accordance with the instructions provided thereon,

(c) the applicant shall, in the case of a first application and in the case of subsequent applications whenever required by the registration authority, furnish in support of his application a certificate in the form directed by the Minister from a medical practitioner certifying—

(i) the nature and extent of the physical illness or physical disability suffered by such applicant, and

(ii) an indication of the expected duration of such physical illness or physical disability,

(d) the application form duly completed and, where appropriate, the certificate referred to in paragraph (c) shall be delivered or sent by post, so as to be received by the registration authority not later than the date specified for that purpose in Rule 1.

Applicant to provide information or documents if required.

20. (1) An applicant to be included in the special voters list shall furnish to the registration authority any information or documents in his possession or procurement which the registration authority may require from him—

(a) so as to be satisfied that the applicant is a person to whom section 17 (2) applies, or

(b) for the purpose of their duties in relation to the preparation of the special voters list.

(2) Whenever a registration authority requires, pursuant to paragraph (1) information or documents from an applicant to be included in the special voters list, such applicant shall furnish the authority with the information or documents within the time (being not less than 7 days from the day on which the request is made) specified in the requirement and, if the applicant does not supply the required information or, as the case may be, documents within the time so specified, his application to be included in the special voters list shall be deemed to have been withdrawn.

Notices.

21. The registration authority shall, within the period specified for the purpose in Rule 1, arrange for the giving of public notice of—

(a) the category of electors entitled to apply to be entered in the special voters list;

(b) the manner in which, and the time before which, applications must be submitted; and

(c) the times and places at which application forms may be obtained.

Provision of application forms.

22. The registration authority shall arrange for the provision of application forms at such times and places as are specified in a notice published pursuant to Rule 21, and an application form shall be supplied free of charge to any person applying therefor.

Consideration of applications.

23. (1) Where the registration authority is satisfied that an applicant—

(a) is a person to whom section 17 (2) applies, and

(b) has duly completed his application form, and

(c) where appropriate, has submitted the certificate required pursuant to Rule 19,

the registration authority shall—

(i) rule that the application is granted and mark the application form accordingly, and

(ii) notify the applicant of the decision.

(2) Where the registration authority is not satisfied that an applicant—

(a) is a person to whom section 17 (2) applies, or

(b) has duly completed his application form, or

(c) where appropriate, has submitted the certificate required pursuant to Rule 19,

the registration authority shall—

(i) rule that the application is refused and mark the application form accordingly, and

(ii) notify the applicant of the decision and of the reasons therefor.

(3) Whenever an application is received by a registration authority after the specified date, the application shall be disregarded and the applicant shall be notified accordingly.

PART IV General

PART IV

General

Absence, incapacity or vacancy in office of county registrar.

24. If the office of county registrar is vacant or the county registrar is prevented by illness or other reasonable cause from carrying out his functions under this Schedule the said functions shall be performed during the period of the prevention by a person appointed by the county registrar with the approval of the Minister or, if no such appointment is made, or in the event of a vacancy in the office, by a person designated for the purpose by the Minister.

Publication of documents.

25. Where any document is required by this Schedule to be published the document may be published in such manner as the authority responsible for publishing consider desirable for the purpose of bringing the contents of the document to the notice of persons interested and in particular the document may be published by making copies of so much of the document as the said authority consider appropriate, available for public inspection (after consultation, where necessary, with the authority having charge of the building) in the office of the registration authority, the offices of the county registrar, post offices, garda stations, health centres and such other places as the said authority consider appropriate.

Method of sending notices etc.

26. Any copy of a claim, objection, notice or other document which is required under this Schedule to be sent to any person shall be sufficiently sent if sent by post to the address of that person as appearing on the draft register or register, or if there is no such address, to his last known address or place of abode.

Inquiry by registration authority etc.

27. An inquiry or request made pursuant to this Schedule by a registration authority, the corporation of a borough or the council of an urban district or by a county registrar may extend to matters outside the registration area.

ISB Act 1992-11-05

Schedule 3 ELECTORAL ACT, 1992 Open official source

THIRD SCHEDULE Dáil Election Petitions

Dáil Election Petitions

Section 132.

Questioning a Dáil election.

1. Without prejudice to section 132 (4), where it appears to the Director of Public Prosecutions that a Dáil election may have been affected by the commission of electoral offences, he may question the election pursuant to this Act.

Security for costs.

2. (1) The security required to be given by section 132 shall be given either by recognisances entered into by any number of sureties satisfactory to the court not exceeding four or by a deposit of money, or partly in one way and partly in the other.

(2) Where a petition is presented by the Director of Public Prosecutions, section 132 (3) shall not apply.

Presentation of petition.

3. (1) A petition shall be presented by being lodged in the Central Office of the High Court.

(2) Subject to paragraph (3), a petition shall not be presented save within the twenty-eight days next after the result of the Dáil election is declared by the returning officer.

(3) Where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight days next after the day on which the said payment or consideration is alleged to have been made or to have passed.

(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—

(a) to any person to whose election the petition relates,

(b) to the Minister,

(c) to the Clerk of the Dáil,

(d) to the returning officer for the constituency to which the petition relates, and

(e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.

Grounds for petition.

4. (1) Without prejudice to the generality of section 132 any of the following grounds may be specified in a petition

(a) the Dáil election was affected by error or was not completed or was otherwise not conducted by the returning officer in accordance with law,

(b) the Dáil election was affected by electoral offences,

(c) a candidate at a Dáil election was not eligible for election to the Dáil.

(2) Notwithstanding any other provision of this Schedule, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.

(3) No Dáil election shall be declared invalid by reason of a non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act, or in regulations made thereunder, if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake did not affect the result of the election.

Particulars in petition.

5. A petition shall be signed and dated by the petitioner and shall specify—

(a) the Dáil election to which it relates,

(b) the grounds on which it is based,

(c) the remedy it seeks,

(d) the name and address of the petitioner and his solicitor or agent, if any.

Trial of petition.

6. (1) A petition shall be tried by the High Court and references to the court in this Schedule shall be construed as references to the High Court.

(2) The following provisions shall have effect in relation to the trial of a petition

(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible;

(b) notwithstanding the death of any person to whose election the petition relates, his resignation as a member of the Dáil or his otherwise ceasing to be such member, the court shall have power to continue the trial if it considers it to be in the interests of justice to do so;

(c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;

(d) the returning officer for the relevant constituency shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.

Counting of votes afresh.

7. (1) The court may, for the purposes of the trial of a petition questioning a Dáil election, if it thinks fit, order—

(a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or

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

and where the court so orders, the provisions of the following paragraphs shall have effect.

(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3)and (4) and to such modifications (if any) as the court considers necessary, the provisions of Part XIX relating to the counting of votes at an election shall apply to such counting.

(3) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the following to be disregarded

(a) preferences recorded on ballot papers which are invalid by virtue of section 118 (2),

(b) preferences recorded on forged or counterfeited ballot papers, and

(c) preferences recorded for any person who, with respect to the relevant Dáil election, is found by the court not to have been eligible for election to the Dáil.

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

(5) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 32 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Dáil election.

Withdrawal of petition.

8. (1) A petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to paragraphs (3) and (4) was reasonable, and in addition to the foregoing, where a petition is presented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.

(2) Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating—

(a) the reasons for the proposed withdrawal, and

(b) that, to the best of the petitioner's knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Dáil or for any substantial reason not stated in the affidavit.

(3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.

(4) Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (2) together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at, and if he thinks fit, oppose the application.

(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) shall, unless the court otherwise directs, be made by all the petitioners.

(6) The withdrawal of a petition pursuant to this Rule shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Substitution of new petitioner following withdrawal.

9. (1) On the hearing of an application for leave to withdraw a petition, any person who, under section 132, would be eligible to present a petition, may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute him accordingly.

(2) In case the court substitutes a petitioner under paragraph (1) and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by section 155 to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.

Substituted petitioners.

10. (1) Subject to Rule 9 (2) a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.

(2) In case the court substitutes a petitioner under Rule 9 and does not make a direction under paragraph (2) of that Rule, or in case the court substitutes a petitioner under Rule 11 the security required by section 132 in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in casesuch 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 his estate) for the payment of costs previously incurred.

Abatement of petition.

11. (1) A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

(2) The abatement of a petition by virtue of paragraph (1) shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.

(3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this Rule the petition shall thereupon be revived.

Matters relating to final order on trial of petition.

12. (1) A copy of the order determining the petition in accordance with section 132 shall be given forthwith by the court to each of the following, namely, any person to whose election the order relates, the Minister, the Chairman of the Dáil, the returning officer concerned and the Director of Public Prosecutions.

(2) The court shall have power to make such amendments in the return of persons elected made to the Clerk of the Dáil by a returning officer as it considers necessary in consequence of its decision on a petition.

Effect of certain declarations by court.

13. (1) Where the order of the court determining the trial of a petition declares that a person was not duly elected to the Dáil, or was not qualified for election as a member of the Dáil, or that the whole or part of a Dáil election was void, the person to whom the declaration relates, or any person declared to be elected at such void election or void part of such election (as the case may be) shall, without prejudice to his having ceased otherwise to be such member, be regarded as having ceased to be a member of the Dáil on (but not before) the day next following the day on which a copy of the order of the court is given to the Chairman of the Dáil pursuant to Rule 12 (1) and, subject to paragraph (2), a vacancy shall exist accordingly.

(2) Where an order mentioned in paragraph (1) declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election as a member of the Dáil, a specified other person was ascertained to have been elected, that other person shall, without prejudice to any dissolution of the Dáil, stand elected as a member of the Dáil on (but not before) the day next following the day on which a copy of the order is given as aforesaid to the Chairman of the Dáil.

(3) As soon as practicable after a copy of an order is given to him pursuant to Rule 12 the Chairman of the Dáil shall inform the Dáil of the terms of the order.

(4) Where a person has been returned as a member to serve in the Dáil and, subsequent to being so returned, the person sits, votes or otherwise participates as a member in the business of the Dáil or purports to do anything by virtue of membership of the Dáil and is also declared by the court not to have been duly elected as a member to serve in the Dáil, or not to have been eligible for membership of the Dáil, for the avoidance of doubt it is hereby declared that anything done by the person while so participating and anything purporting to have been so done, either on or before the day on which a copy of the said order is given as aforesaid to the Chairman of the Dáil shall, notwithstanding the order, be valid and effectual.

No action to be taken in certain circumstances to fill vacancy in Dáil.

14. Except by a general election of members of the Dáil, no action shall be taken to fill a vacancy in the Dáil caused by the death or cesser as such member of a person who has died or resigned or otherwise ceased to be a member of the Dáil while the trial of the petition relating to him is pending or proceeding.

Witnesses.

15. (1) The court shall be entitled of its own volition, at any time during the trial of a petition, to direct that a particular person shall be brought before the court and shall give evidence at the trial, and where the court so directs the cost of bringing the person before the court (including any moneys payable to him as witness's expenses) shall be regarded as part of the costs of the petition.

(2) Subject to paragraph (3) a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant Dáil election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege: provided that—

(a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and

(b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.

(3) Nothing in this Rule shall be construed as affecting the right of any party to a petition to call any person as a witness.

Costs of petition.

16. (1) All costs, other than the costs of counting votes afresh under Rule 7, of and incidental to a petition shall be in the discretion of the court which shall have power to order such costs or any part of such costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provision for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.

(2) Without prejudice to paragraph (1), where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant Dáil election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under Rule 7, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.

Further provisions regarding costs.

17. (1) Subject to paragraph (4) the costs and other expenses incurred on his behalf by a returning officer at the trial of a petition shall be paid out of the Central Fund.

(2) Costs awarded to a returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance andsuch debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.

(3) Subject to paragraphs (4) and (5), costs awarded against a returning officer at the trial of a petition shall be paid out of the Central Fund.

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

(5) Where an order is made under paragraph (4) any costs awarded against an officer which are paid out of the Central Fund shall be a debt due to the Minister for Finance by the officer, and such debt, in default of being discharged, shall be recoverable by that Minister in any court of competent jurisdiction as a simple contract debt due to him.

Statement of case to Supreme Court.

18. (1) At any stage of the trial of a petition the court may, if it so thinks proper, on its own motion or on the application of any party to the petition, state a case for the opinion of the Supreme Court on any question of law arising at the trial.

(2) Notwithstanding anything contained in this Schedule, where a case is stated under this Rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.

(3) Costs incurred in relation to a case stated under this Rule shall for all purposes be part of the costs incurred in relation to the petition.

Service of documents.

19. Where a copy of an order, petition or other document is required by this Schedule to be given to a person, it shall be addressed to him and shall be given to him in some one of the following ways

(a) by delivering it to him;

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

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

ISB Act 1992-11-05

Schedule 4 ELECTORAL ACT, 1992 Open official source

FOURTH SCHEDULE Forms

Forms

Sections 39 and 88.

Part I

Forms of Writ

FORM OF WRIT FOR A GENERAL ELECTION.

Do.......... an ceann comhairimh do dháilcheantar..........

To.......... returning officer for the constituency of..........

DE BHRÍ go bhfuil Dáil Éireann lánscortha

WHEREAS Dáil Éireann is dissolved

ANOIS, déanaimse,......... Cléireach Dháil Éireann, de réir fhorálacha alt 39 den Acht Toghcháin, 1992, a ordú leis seo duitse, i do cheann comhairimh do dháilcheantar.......... toghchán a chur á dhéanamh sa dáilcheantar sin do.......... comhalta chun fónamh i nDáil Éireann don dáilcheantar sin

NOW, I,.......... Clerk of Dáil Éireann, in accordance with the provisions of section 39 of the Electoral Act, 1992, do hereby direct you, as the returning officer for the constituency of.......... to cause an election to be held in that constituency of.......... members to serve in Dáil Éireann for the said constituency

AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainmneacha na gcomhaltaí a thoghfar amhlaidh a dheimhniú dom gan mhoill i m'Oifig i.......... i mBaile Átha Cliath.

AND that, when such election has been duly held, you do without delay certify to me in my Office at.......... in Dublin the names of the members so elected.

I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.

IN WITNESS whereof I have hereunto set my hand and seal.

an this

.............................

lá seo de dayof

.............................,

19.

NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH GO BHFUAIR SÉ AN EASCAIRE SEO.

THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY.

CERTIFICATE ENDORSED ON THE WRIT.

Deimhním leis seo gurb iad na comhaltaí a toghadh chun fónamh i nDáil Éireann do dháilcheantar.......... de bhun na heascaire sin thuas:—

I hereby certify that the members elected to serve in Dáil Éireann for the constituency of.......... in pursuance of the above writ are:—

C.D.

as of

.............................

i gContae in the County of

.............................

E.F.

as of

.............................

i gContae in the County of

.............................

G.H.

as of

.............................

i gContae in the County of

.............................

(Sínithe) (Signed)

A.B.

Ceann Comhairimh,

Returning Officer.

Dáta Date

....................................

LABEL OR DIRECTION ON THE WRIT.

Don cheann comhairimh do dháilcheantar

.........................................

To the returning officer for the constituency of

.........................................

Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.

A writ for the election of members to serve in Dáil Éireann.

Fuair mé an eascaire seo istigh—

Received the within writ on—

an this

.............................

lá seo de dayof

.............................,

19.

(Sínithe) (Signed)

A.B.

Ceann Comhairimh,

Returning Officer.

FORM OF WRIT FOR A BYE-ELECTION.

(To be adapted appropriately if the Clerk of Dáil Éireann is directed on the same day to issue writs for the election of members to fill more than one vacancy in the representation of a constituency).

Do .......... an ceann comhairimh do dháilcheantar ..........

To .......... returning officer for the constituency of ..........

DE BHRÍ gur tharla folúntas in ionadaíocht dháilcheantar .......... i nDáil Eireann toisc .......... ba chomhalta de Dháil Eireann don dáilcheantar sin a scor de bheith ina chomhalta ar dhóigh seachas de chionn Dáil Éireann a lánscor

WHEREAS a vacancy has occurred in the representation of the constituency of ...................... in Dáil Éireann by .......... who was a member of Dáil Eireann for the said constituency ceasing to be a member otherwise than in consequence of the dissolution of Dáil Éireann

AGUS DE BHRÍ gur ordaigh Cathaoirleach Dháil Éireann dom go cuí eascaire a chur amach chun comhalta a thoghadh do Dháil Éireann chun an foluntas réamhráite a lionadh

AND WHEREAS the Chairman of Dáil Éireann has duly directed me to issue a writ for the election of a member of Dáil Éireann to fill the vacancy aforesaid

ANOIS, déanaimse, .......... Cléireach Dháil Éireann, de réir fhorálacha alt 39 den Acht Toghcháin, 1992, a ordú leis seo duitse, i do cheann comhairimh don dáilcheantar réamhráite, toghchán a chur á dhéanamh sa dáilcheantar sin do chomhalta chun fónamh i nDáil Eireann don dáilcheantar sin in ionad. .......... sin

NOW, I, .......... Clerk of Dáil Éireann, in accordance with the provisions of section 39 of the Electoral Act, 1992, do hereby direct you, as the returning officer for the constituency aforesaid, to cause an election to be held in the said constituency of a member to serve in Dáil Éireann for the said constituency in the place of the said ..........

AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainm an chomhalta a thogh-far amhlaidh a dheimhniú dom gan mhoill i m'Oifig i .......... i mBaile Átha Cliath.

AND that, when such election has been duly held, you do without delay certify to me in my Office at .......... in Dublin the name of the member so elected.

I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.

IN WITNESS whereof I have hereunto set my hand and seal.

an this

.............................

lá seo de dayof

.............................,

19.

NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH GO BHFUAIR SÉ AN EASCAIRE SEO.

THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY.

CERTIFICATE ENDORSED ON THE WRIT.

Deimhním leis seo gurb é an comhalta a toghadh chun fónamh i nDáil Éireann do dháilcheantar .......... de bhun na heascaire sin thuas:—

i hereby certify that the member elected to serve in Dáil Éireann for the constituency of .......... in pursuance of the above writ is:—

C.D.

as of

.............................

I gContae in the County of

.............................

(Sínithe) (Signed)

A.B.

Ceann Comhairimh,

Returning Officer.

Dáta Date

....................................

Don cheann comhairimh do dháilcheantar

....................................

To the returning officer for the constituency of

...................................

Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.

A writ for the election of a members to serve in Dáil Éireann.

ENDORSEMENT.

Fuair mé an eascaire seo istigh—

Received the within writ on—

an this

.............................

lá seo de dayof

.............................,

19.

(Sínithe) (Signed)

A.B.

Ceann Comhairimh,

Returning Officer.

PART II FORM OF BALLOT PAPER

PART II

FORM OF BALLOT PAPER

(Front of Paper)

Marcáil ord do rogha sna spáis seo thíos. Mark order of preference in spaces below.

Marcáil ord do rogha sna spáis seo thíos.

Mark order of preference in spaces below.

DOYLE — LIBERAL SOCIALISTS (MARY DOYLE, of 10 High Street, Knockmore, Nurse.)

DOYLE — LIBERAL SOCIALISTS

(MARY DOYLE, of 10 High Street, Knockmore, Nurse.)

LYNCH — URBAN PARTY (JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.)

LYNCH — URBAN PARTY

(JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.)

MURPHY (PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.)

Ó BRIAIN — CUMANN NA SAORÁNACH (SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór, Oide Scoile.)

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.)

O'CONNOR — NATIONAL LEAGUE (CAROLINE O'CONNOR, of 7 Green Street, Carnmore, Engineer.)

THOMPSON — RURAL PARTY (WILLIAM H. THOMPSON, of Dereen, Ballyglass, Farmer.)

TREORACHA.

INSTRUCTIONS.

I. Scríobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de.

I. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.

II. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.

II. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

(Back of Paper)

No ..................................................................

Election for Constituency of ...............................................

(Back of Counterfoil)

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

ELECTORAL ACT, 1992

Statutory Text (4 Articles)

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