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S.I. No. 75/1994 - European Parliament Elections (Forms) Regulations, 1994.
Table of Provisions (9)
Statutory Text (9 Articles)
1. In this form "postal voter" means a person who is registered as a postal voter by reason of being a civil servant serving outside the State as a member of a diplomatic mission or a consular post or the spouse of such civil servant. "Authorised person" means a person appointed by the Secretary of the Department of Foreign Affairs to be present at voting by a postal voter.
2. The postal voter must produce to the authorised person—
(
a
) the ballot paper (showing it to be unmarked), and
(
b
) the form of declaration of identity.
He/she must then sign the declaration of identity in the presence of the authorised person who will witness his/her signature. In the presence of the authorised person, the postal voter will mark the ballot paper in secret, fold it and place it in the envelope marked "Ballot Paper Envelope." He/she will seal this envelope and place it, together with the declaration of identity, duly signed and witnessed, in the envelope addressed to the returning officer. This envelope must be dispatched so as to be received by the returning officer before the time fixed for the close of the poll; otherwise the ballot paper cannot be included in the count.
GIVEN under the Official Seal of the Minister for the Environment, this 6th day of April, 1994.
MICHAEL SMITH,
Minister for the Environment.
EXPLANATORY NOTE.
These regulations prescribe certain forms for use at elections of representatives to the Parliament of the European Union.
3. Ruling on Replacement Candidates' List.
The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.
4. Eligibility for election to the European Parliament.
To be eligible for nomination as a replacement candidate, a person must be eligible for election to the European Parliament.
A person who—
(
a
) is not a citizen of Ireland, or a national of a Member State of the European Union who is ordinarily resident in the State,
(
b
) being a citizen of Ireland, is a candidate at the election in any other Member State,
(
c
) being a national of a Member State (other than the State or the United Kingdom), has been, through an individual criminal law or civil law decision, deprived of the right to be a candidate under the law of his/her home Member State,
(
d
) has not reached the age of 21 years,
(
e
) holds the office of President of Ireland, Judge, Comptroller and Auditor General, Minister of the Government or Attorney General,
(
f
) is a member of the Commission of the European Union,
(
g
) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,
(
h
) is a member of the Court of Auditors of the European Union,
(
i
) is a member of the Garda Síochána,
(
j
) is a wholetime member of the Defence Forces,
(
k
) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,
(
l
) is a person of unsound mind,
(
m
) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or
(
n
) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,
is not eligible for election to the European Parliament.
5. Penalties.
A person is liable to imprisonment or fine or both under the European Parliament Elections Acts, 1977 to 1993, the European Parliament Elections (Voting and Candidature) Regulations, 1994 the
Statutory Declarations Act, 1938
for—
(1) nominating a person as a replacement candidate without the person's consent,
(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as a replacement candidate in respect of any other constituency,
(3) making any other declaration in a replacement candidates' list, knowing it to be false, and
(4) producing an attestation regarding qualification for election from the competent administrative authority of the replacement candidate's home Member State, knowing it to be forged.
SCHEDULE.
PART III.
Form SV2
(Section 10 of Act of 1986)
(Form of Declaration of Identity by Special Voter).
DECLARATION OF IDENTITY BY SPECIAL VOTER.
Name of Special Voter ............................................................ ............................................................ ...............
Address ............................................................ ............................................................ .......................................
Number of Special Voters List ............................................................ ............................................................ .
I hereby declare that I am the person to whom the above particulars relate.
Signature of Special Voter
(or mark, if unable to write) ............................................................ ............................................................ .......
I hereby certify that the declaration of identity was made by the above-mentioned special voter in my presence.
Signature of Special Presiding Officer: ............................................................ ................................................
Date ..................................................
(See notes and instructions on back of this form).
(Back of Form).
DECLARATION OF IDENTITY BY SPECIAL VOTER.
Notes and Instructions.
The special voter's ballot paper will be brought to him/her by a special presiding officer in the presence of a member of the Garda Síochána. This declaration of identity must be witnessed by the special presiding officer. If the special presiding officer is satisfied as to the voter's identity, he/she will give the voter a ballot paper. Having marked his/her ballot paper in secret, the voter will place it in a ballot paper envelope which he/she will seal and hand to the special presiding officer who will place it and the declaration of identity in an envelope addressed to the returning officer. The special presiding officer will convey the envelope to the returning officer who will treat it as if it were an envelope received from a postal voter.
Form SV3
(Section II of Act of 1986)
LABEL TO BE AFFIXED TO COVERING ENVELOPE.
Constituency ............................................................ ............................................................ .......................................
We certify that the procedures relating to SPECIAL VOTERS were duly complied with in relation to the documents herein enclosed.
Signature ............................................................ ........................................ Special Presiding Officer.
Signature ............................................................ ........................................ Garda Síochána.
Date ............................................................ ................................................
Form SV4
(Section 12 of the Act of 1986)
SPECIAL BALLOT PAPER ACCOUNT.
Constituency: ............................................................ ............................................................ .............................
Total number of ballot papers entrusted to special presiding officer: ............................................
DEDUCT
Unused ballot papers .
spoilt ballot papers
............................................
................................................
Number delivered to the Returning Officer
................................................
I certify that this Account is true and accurate.
................................................
Special Presiding Officer
Date
................................................
Form XV6
(Section 16 of Act of 1986)
(Form of Declaration of Identity by Postal Voter).
DECLARATION OF IDENTITY BY POSTAL VOTER.
I hereby declare that I am the person to whom the ballot paper I now produce unmarked was sent.
Signature of Postal Voter: ............................................................ ............................................................ .........
The above named, who is personally known to me (or is identified to me by .................................
who is personally known to me), produced the ballot paper unmarked, signed the above declaration in my presence and marked the ballot paper in secret in my presence.
Signature of Authorised person ............................................................ ..........................................................
Date ............................................................ ........................
(See Notes and Instructions overleaf).
(Back of Form).
DECLARATION OF IDENTITY BY POSTAL VOTER.
Notes and Instructions.
6. Penalties.
A person is liable to imprisonment or fine or both under the European Parliament Elections Acts, 1977 to 1993, the European Parliament Elections (Voting and Candidature) Regulations, 1994 and the
Statutory Declarations Act, 1938
for—
(1) nominating a person as a replacement candidate without the person's consent,
(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as a replacement candidate in respect of any other constituency,
(3) making any other declaration in a replacement candidates' list, knowing it to be false, and
(4) producing an attestation regarding qualification for election from the competent administrative authority of the replacement candidate's home Member State, knowing it to be forged.
E.P. 13
(Section 4 of Act of 1984;
Article 7 of Regulations of 1994)
REPLACEMENT CANDIDATES' LIST.
(Non-party candidates).
Form E.P.13
Identifying letters . . . . (to be assigned by returning officer).
PLEASE READ NOTES BEFORE COMPLETING FORM.
___________________________________________________________________________
Name of non-party candidate presenting replacement candidates' list ....................................................
............................................................ ............................................................ .......................................................
7. Eligibility for election to the European Parliament.
A person who—
(
a
) is not a citizen of Ireland, or a national of a Member State of the European Union who is ordinarily resident in the State,
(
b
) being a citizen of Ireland, is a candidate at the election in any other Member State,
(
c
) being a national of a Member State (other than the State or the United Kingdom) has been, through an individual criminal law or civil law decision, deprived of the right to be a candidate under the law of his/her home Member State,
(
d
) has not reached the age of 21 years,
(
e
) holds the office of President of Ireland, Judge, Comptroller and Auditor General, Minister of the Government or Attorney General,
(
f
) is a member of the Commission of the European Union,
(
g
) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,
(
h
) is a member of the Court of Auditors of the European Union,
(
i
) is a member of the Garda Síochána,
(
j
) is a wholetime member of the Defence Forces,
(
k
) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,
(
l
) is a person of unsound mind,
(
m
) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or
(
n
) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,
is not eligible for election to the European Parliament.
8. Penalties.
A person is liable to imprisonment or fine or both under the European Parliament Elections Acts, 1977 to 1993, the European Parliament Elections (Voting and Candidature) Regulations, 1994 and the
Statutory Declarations Act, 1938
for—
(1) nominating a candidate or withdrawing a candidature without the candidate's consent,
(2) producing to the returning officer a nomination paper or certificate of political affiliation, knowing the same of have been forged,
(3) making a false declaration that a candidate is eligible for election or does not stand validly nominated in respect of any other constituency,
(4) making any other declaration in a nomination paper, knowing it to be false, and
(5) producing an attestation regarding qualification for election from the competent administrative authority of the candidate's home Member State, knowing it to be forged.
E.P.6
(
Rule 28 of First Schedule to Act
of 1977; Section 172 (c)
of Act of 1992)
(Front of Card).
POLLING CARD.
Number
NO STAMP REQUIRED
YOU VOTE AT:—
POLLING DAY
This card is for information only: it is not an identity card. Be sure to bring evidence of identity when you go to vote — see back of this card.
(Back of Card).
EVIDENCE OF IDENTITY.
You are likely to be asked to produce one of the following documents:—
A passport; a driving licence; an employee or student identity card; a book for payment of Social Welfare allowances, benefits or pensions; a medical card; a free travel card issued by the Department of Social Welfare; a travel document containing your name and photograph; a signing-on card (UB 15 or UA22) issued by the Department of Social Welfare; a Social Services Card issued by the Department of Social Welfare; a Bank or Savings Bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate; a marriage certificate.
Be sure to bring one of these documents with you to the polling station, otherwise you may not be permitted to vote.
SCHEDULE.
Part II.
E.P. 12
(Section 4 of Act of 1984;
Article 7 of Regulations of 1994)
REPLACEMENT CANDIDATES' LIST.
(Registered political parties).
Form E.P. 12
Identifying letters ........... (to be assigned by returning officer).
PLEASE READ NOTES BEFORE COMPLETING FORM.
___________________________________________________________________________
Name of registered political party presenting replacement candidates' list .............................................
............................................................ ............................................................ ......................................................
Initials or Abbreviation of name of Party ............................................................ ..........................................
S.I. No. 75 of 1994.
EUROPEAN PARLIAMENT ELECTIONS (FORMS) REGULATIONS, 1994.
The Minister for the Environment, in exercise of the powers conferred on him by
section 19
of the
European Assembly Elections Act, 1977
(No. 30 of 1977) and
section 25
of the
Electoral (Amendment) (No. 2) Act, 1986
(No. 35 of 1986), hereby makes the following Regulations:—