S.I. No. 82/2009 - European Parliament Elections Regulations 2009

1. Write 1 in the box beside the photograph of the candidate of your first choice, write 2 in the box beside the photograph of the candidate of your second choice, and so on.

2. Fold the paper to conceal your vote. Show the

back of the paper

to the presiding officer and put it in the ballot box.

Emblem

DOYLE — URBAN PARTY

(European Radical Group) (MARY DOYLE of 10 High Street, Knockmore; Nurse) Liosta Ionaid UP Replacement List

Photograph

LYNCH

(JANE ELLEN LYNCH of 12 Main Street, Ardstown; Shopkeeper) Liosta Ionaid JEL Replacement List

Photograph

Emblem

MURPHY — DEMOCRATS

(Group of European Democrats)(PATRICK MURPHY of 12 Main Street, Ballyduff; Carpenter)Liosta Ionaid DEM Replacement List

Photograph

Emblem

Ó BRIAIN — CUMANN NA SAORÁNACH

(SÉAMUS Ó BRIAIN as 10 An tSráid Ard, Carnmore; Oide Scoile)Liosta Ionaid CS Replacement List

Photograph

O'BRIEN — NON-PARTY

(EAMON O'BRIEN of 22 Wellclose Place, Knockbeg; Butcher)Liosta Ionaid EOB Replacement List

Emblem

O’BRIEN — YOUNG IRELAND

(Liberal Group) (ORLA O’BRIEN of 102 Eaton Brae, Cahermore; Solicitor)Liosta Ionaid YI Replacement List

Emblem

O'CONNOR — NATIONAL LEAGUE

(CAROLINE O'CONNOR of 7 Green Street, Carnmore; Engineer)Liosta Ionaid NL Replacement List

Photograph

Emblem

THOMPSON — FARMERS PARTY

(WILLIAM HENRY THOMPSON of Dereen, Ballyglass; Farmer)Liosta Ionaid FP Replacement List

Photograph

(Back of Paper)

Comhduille Uimh.Counterfoil No.

Uimh. ........................................................................No. ............................................................................Toghchán do thoglach ..............................................................Election for constituency of ........................................................ ..............................................................................

GIVEN under my Official Seal,

12 March 2009

JOHN GORMLEY,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These regulations prescribe certain forms for use at elections of members of the European Parliament, the relevant photographic ID documents that assentors are required to produce to the person witnessing a statutory declaration in the course of assenting to the nomination of a candidate, and the requirements for the provision of photographs to returning officers by candidates at a European Parliament election and for the provision of emblems by political parties to the Registrar of Political Parties for their registration in the Register of Political Parties. The regulations also specify the form of the ballot paper to be used at European elections.

3. The 2 printed copies of the emblem shall be signed on the back by an officer of the party whose name appears in the Register of Political Parties pursuant to section 25(7)(

d

) of the

Electoral Act 1992

.

PART 4

Form of Ballot Paper

(Front of Paper)

Toghchán do Pharlaimint na hEorpa

European Parliament Election

TREORACHA

4. Each copy of the printed photograph shall have the candidate’s name clearly shown on the back.

PART 3

EMBLEMS

5. Name of current European Parliament Constituency in which assentor’s address at 2 is located

6. Name of candidate (

name in capitals

)

7. Address of candidate (

address in capitals

)

Assent

8. I assent to the nomination of the candidate referred to at 6 and 7 at the next European Parliament election to be held in the European Parliament constituency in which the address at 2 is located at the time of the election.

9. I have not assented to the nomination of any other candidate at the election referred to at 8 or at any other European Parliament election to be held at the same time as that election,

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

Statutory Declarations Act 1938

.

Signed ..........................................................

Declared before me ................................................... [

name in capitals

] [a notary public] [a commissioner for oaths] [a peace commissioner] [a member of the Garda Síochána] [an official of the registration authority] by .............................................. who is personally known to me at

[

place of signature

] this.................day of ............................... [

date

].

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

[

signature of witness

]

Garda Station/Registration AuthorityStamp

[

where appropriate

]

FORM EP2A

FORM OF STATUTORY DECLARATION

BY ASSENTORS TO NOMINATION OF CERTAIN CANDIDATES

AT EUROPEAN PARLIAMENT ELECTIONS

NOTES

(Please read the notes carefully before completing the statutory declaration. These notes are for guidance only and do not purport to be a legal interpretation).

General

The

Electoral (Amendment) Act 2009

provides that, if a person is not a candidate of a registered political party, in order to be validly nominated to stand as a candidate at a European Parliament election one or other of the following procedures must be complied with before the expiration of the time for receiving nominations

(i) the completion of statutory declarations by 60 assentors to the nomination who are registered as European electors in the relevant European Parliament constituency. The assents must be witnessed by a Notary Public, a Commissioner for Oaths, a Peace Commissioner, a member of the Garda Síochána or an official of the registration authority (City or County Council), or

(ii) the candidate, or someone on his or her behalf, lodging a deposit of €1,800 with the returning officer.

This form is to be used for making statutory declarations of assent under (i) above; copies of the form are available free of charge from returning officers and registration authorities.

An assent is valid only in respect of the European Parliament constituency in which the assentor’s address at the time of assent is located at election time.

An assent may be made at any time but it may only be used at the next European Parliament election in the relevant constituency and it expires when the Register of Electors current when the statutory declaration was made ceases to be in force, notwithstanding that no such election may have been held by then.

Responsibility lies with the candidate or his/her proposer at the election to secure the necessary assents, to attach the 60 statutory declarations to the nomination paper and to deliver all the documentation to the returning officer by the deadline for receipt of nominations at the election.

A returning officer may rule as invalid a nomination paper from a candidate who has opted for the assenting alternative if he or she considers that the candidate has not complied with the statutory requirements relating to assenting.

Notes to Parts of Form

All parts of the form must be completed.

Parts 1 and 2

The assentor should enter his/her number and polling district letters (Part 1) and address (Part 2) as stated on the Register of Electors in force on the date of the making of the statutory declaration. The Register may be inspected at the city or county council’s offices or on their website; at libraries, post offices and Garda Stations; and through www.checktheregister.ie.

Part 3

Enter contact details, including daytime and mobile telephone numbers.

Part 4

Each assentor must when making the statutory declaration bring one of the following photographic documents for identification purposes — passport, driving licence, employee identity card containing a photograph, student identity card issued by an educational institution and containing a photograph, bank card with a photograph, travel document containing name and photograph, Temporary Residence Certificate card, or a Garda National Immigration Bureau card.

One of the documents must be produced to the witness taking the statutory declaration, and the type of document must be recorded in Part 4 along with any identifying number on it (e.g. passport number).

Part 5

Enter the name of the European Parliament Constituency where the address at Part 2 of the form is located on the date of the making of the statutory declaration. It should be noted that an assent is valid only in respect of the European Parliament constituency in which the assentor’s address at the time of assent is located at election time.

Parts 6 and 7

Enter the name (Part 6) and address (Part 7) of the candidate whose nomination is being assented to.

Part 8

This is the formal assent to the nomination of the candidate at the next European Parliament election to be held in the constituency in which the address at Part 2 is located at election time.

Part 9

The assentor has to confirm on the statutory declaration that he or she has not assented to the nomination of any other candidate in the election concerned or at any other European Parliament election to be held at the same time as that election.

The assentor must sign the declaration in the presence of the witness.

Witness to Statutory Declaration

The statutory declaration must be witnessed by a Notary Public, a Commissioner for Oaths, a Peace Commissioner, a member of the Garda Síochána or an official of the registration authority. Where the necessary ID is produced under Part 4, the law provides that this is sufficient for the witness to sign on the form that the assentor is personally known to him/her.

In the case of Gardaí or registration authority officials, the declaration must be stamped with the official stamp of the garda station or registration authority in the box provided.

Penalties

Under the

Statutory Declarations Act 1938

, a person who knowingly makes a false or misleading statutory declaration in any material respect is liable on conviction to a fine of up to €3,000 or imprisonment for a term of up to 6 months or both.

FORM EP3

(Rules 6(1)(

a

) and 19(2)(

a

) of the Second Schedule

to the

European Parliament Elections Act 1997

)

STATUTORY DECLARATION BY A CANDIDATE OR A REPLACEMENT CANDIDATE WHO IS A NATIONAL OF AN EU 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 EU 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 EU Member State,

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

Statutory Declarations Act 1938

.

Signed ................................

Declared before me......................................................[

name in capitals

] a [notary public] [commissioner for oaths] [peace commissioner] by ........................................

[who is personally known to me],

or

[who is identified to me by ................................ who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no. [

passport number

] issued on [

date of issue

] by the authorities of [

issuing state

], which is an authority recognised by the Irish Government]

or

national identity card no. [

identity card number

] issued on [

date of issue

] by the authorities of [

issuing state

] which is an EU Member State]

at..........................................................................

[

place of signature

] this......day of ....................[

date

]

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

[

signature of witness

]

PENALTIES

A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both.

FORM EP4

(Rule 18(1) of the Second Schedule to the

European Parliament Elections Act 1997)

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. 82 of 2009

EUROPEAN PARLIAMENT ELECTIONS REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

17

th March

, 2009.

The Minister for the Environment, Heritage 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—