S.I. No. 415/1998 - European Parliament Elections (Forms) Regulations, 1998

1. Nomination of replacement candidates

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A non-party candidate may nominate, with their consent, up to three persons to be replacement candidates in the constituency. If the number of replacement candidates included in the list exceeds three, the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds three.

The names of replacement candidates must be listed in the order determined by the non-party candidate.

A person may not be nominated as a replacement candidate for more than one constituency.

A non-party candidate may present one, replacement candidates list only at an election.

The completed replacement candidates list, signed by the candidate, must be delivered to the returning officer by the candidate or proposer within the period fixed for receiving nominations.

2. National of Member State other than Ireland or the United Kingdom

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate and is not also nominated as a candidate in the constituency, the replacement candidates list must be accompanied by:—

(i) a statutory declaration made by the person on Form EP3 (which may be obtained from the returning officer) stating his/her nationality, the address in Ireland at which he/she is ordinarily resident, the locality/constituency where he/she was last registered as an elector in his/her home Member State and that the person is not a candidate at the election in any other Member State,

and

(ii) an attestation from the competent administrative authority of the person's home Member State certifying that he/she has not been deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the election in his/her home Member State or that no such disqualification is known to the competent authority concerned.

If these documents are not furnished with the replacement candidates list or if the documents are not properly made out or signed, the returning officer is obliged to delete from the list the name of the person concerned.

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

A person is not eligible for election by the European Parliament if he/she

(a) is not a citizen of Ireland, or a national of an EU Member State who is ordinarily resident in the State,

(b) is a citizen of Ireland contesting the election in any other Member State,

(c) is a national of an EU Member State (other than the State or the United Kingdom) who has been deprived, through an individual criminal law or civil law decision, of the right to be a candidate under the law of the home Member State,

(d) has not reached the age of 21 years,

(e) holds the office of President of Ireland, Minister of the Government, Judge or Comptroller and Auditor 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 Consultative Committee of the European Coal and Steel Community or member of the Economic and Social Committee of the European Economic Community and of the European Atomic Energy Community;

(j) is a member of committees or other bodies set up pursuant to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or carrying out a permanent direct administrative task;

(k) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank;

(l) is an active official or servant of the institutions of the European Union or of the specialised bodies attached to them;

(m) is a member of the Garda Síochána,

(n) is a wholetime member of the Defence Forces,

(o) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,

(p) is a person of unsound mind,

(q) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State,

or

(r) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State.

5. Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the candidate and handed to the returning officer by the candidate or proposer within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, the candidate has withdrawn or is deemed to have withdrawn, the replacement candidates list is deemed to have been withdrawn.

6. Penalties

A person is liable to a fine or imprisonment or both under the

European Parliament Elections Act, 1997

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 either a replacement candidate in respect of any other constituency or as a candidate in any other Member State,

(3) producing a forged attestation regarding eligibility for election from the competent administrative authority of the replacement candidate's home Member State.

GIVEN under the official seal of the Minister for the Environment and Local Government this 27th day of October, 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government.

EUROPEAN PARLIAMENT ELECTIONS (FORMS)

REGULATIONS, 1998

EXPLANATORY NOTE

These regulations prescribe certain forms for use at elections of representatives to the European Parliament.

7. Eligibility for election to the European Parliament

A person is not eligible for election by the European Parliament if he/she —

(a) is not a citizen of Ireland, or a national of an EU Member State who is ordinarily resident in the State,

(b) is a citizen of Ireland contesting the election in any other Member State,

(c) is a national of an EU Member State (other than the State or the United Kingdom) who has been deprived, through an individual criminal law or civil law decision, of the right to be a candidate under the law of the home Member State,

(d) has not reached the age of 21 years,

(e) holds the office of President of Ireland, Minister of the Government, Judge or Comptroller and Auditor 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 Consultative Committee of the European Coal and Steel Community or member of the Economic and Social Committee of the European Economic Community and of the European Atomic Energy Community;

(j) is a member of committees or other bodies set up pursuant to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or carrying out a permanent direct administrative task;

(k) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank;

(l) is an active official or servant of the institutions of the European Union or of the specialised bodies attached to them;

(m) is a member of the Garda Síochána,

(n) is a wholetime member of the Defence Forces,

(o) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,

(p) is a person of unsound mind,

(q) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State,

or

(r) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State.

8. Candidate's photograph

If a candidate wishes to have his/her photograph included on the ballot paper, two identical copies of the photograph (75mm x 100mm) must be produced with the nomination paper. The photograph must be recent, of good quality, in colour and taken to a professional standard, showing the candidate's full face, head and shoulders only on a light background. The reverse of the photograph must be white and unglazed.

Each copy of the photograph must have the candidate's name clearly printed and attached to the back. Writing on the back of a copy may reduce the quality of the photograph on the ballot paper.

The photograph may be supplied in digitised format on disk but must be accompanied by two hard copies (75mm x 100mm) which are replicas of the photograph on disk.

If one copy only of the photograph is produced, or, if the copies produced do not comply with the above requirements, the returning officer may not include the candidate's photograph on the ballot paper. If no photograph is supplied, the space for the candidate's photograph will be left blank on the ballot paper.

THE ONUS IS ON THE CANDIDATE TO SUPPLY A

RECENT PHOTOGRAPH OF GOOD QUALITY

9. Withdrawal of nomination

A candidate may withdraw his/her nomination up to 12 noon on the day (disregarding any excluded day) after the latest date for receiving nominations. The notice of withdrawal to the returning officer must be signed by the candidate and delivered in person by the candidate or proposer. Where the returning officer is satisfied that a candidate wishes to withdraw and that the candidate and proposer cannot attend in person, the returning officer will accept a notice of withdrawal, signed by the candidate and by the person delivering it, which is received by the latest time for withdrawal.

10. Penalties

A person is liable to a fine or imprisonment or both under the

European Parliament Elections Act, 1997

for—

(1) nominating a candidate or withdrawing a candidature without the candidate's consent,

(2) producing to the returning officer a forged nomination paper or certificate of either political affiliation or European political affiliation,

(3) making a false declaration that a candidate is eligible for election or has consented to nomination or does not stand validly nominated in any other constituency or is not a candidate at the election in any other Member State,

(4) producing a forged attestation regarding eligibility for election from the competent administrative authority of the candidate's home Member State,

(5) offering or accepting bribes or exercising undue influence in relation to a candidature or the withdrawal, or non-withdrawal, of a candidature.

FORM EP3

(Second Schedule Rules 6(1)(a) and 19(2)(a))

STATUTORY DECLARATION BY A CANDIDATE OR A REPLACEMENT CANDIDATE WHO IS A NATIONAL OF A MEMBER STATE OTHER THAN THE STATE OR THE UNITED KINGDOM

I, __________________________________________________________________ do solemnly and sincerely declare that

(a) I am a national of the following Member State ________________________________

(b) I am ordinarily resident in Ireland at the following address _______________________

________________________________________________________________

(c) My name was last entered on the electoral roll in my home Member State in the #locality/constituency [#delete, as appropriate] of __________________________,

and

(d) I am not standing as a candidate for election to the European Parliament in any other Member State,

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the

Statutory Declarations Act, 1938

.

Signature ____________________

Declared before me by __________________________________________ who is personally known to me (

or

who is identified to me by _____________________________ who is personally known to me) at ________________________________________ this ____ day of _____________________________ .

Signature: ____________________________________________________

Qualification#: ___________________________________________________

(#Indicate whether Notary Public, Peace Commissioner or Commissioner for Oaths)

Address: _____________________________________________________

________________________________________________________________

PENALTIES

A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding fifty pounds or imprisonment for a term not exceeding three months or both.

FORM EP4

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Registered political parties)

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. 415 of 1998.

EUROPEAN PARLIAMENT ELECTIONS (FORMS) REGULATIONS, 1998

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by

section 3

of the

European Parliament Elections Act, 1997

(No. 2 of 1997) hereby makes the following Regulations:—