IE
S.I. No. 75/2019 - European Parliament Elections Regulations 2019
Table of Provisions (11)
Statutory Text (11 Articles)
1. Write 1 in the box beside the candidate of your first choice, write 2 in the box beside 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.
(Back of Paper)
Uimhir/Number. ..........................................................................................
Toghch[html]n do thoglach.................................................................
Election for Constituency of .........................................................
(Back of Counterfoil)
Comhdhuille Uimhir
Counterfoil Number ......................................................
GIVEN under my hand,
7 March 2019
JOHN PAUL PHELAN
Minister of State at the Department of Housing, Planning and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations, which replace
S.I. No. 39 of 2014
, prescribe certain forms for use at European Parliament elections including the provision of photographs and emblems to the Returning Officer by candidates at the European Parliament election. The regulations also prescribe the form of the ballot paper to be used at European Parliament elections.
1 Established in accordance with Regulation (EU, Euratom) No. 1141/2014
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)
TREORACHA
4. Each copy of the printed photograph shall have the candidate’s name clearly shown on the back.
PART 3
EMBLEMS
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A replacement candidates list may be withdrawn by notice in writing signed by the candidate and handed to the returning officer by the candidate or the proposer of the candidate not later than the time when the nomination period for candidates who are Irish citizens expires i.e. 12 noon on the 14th day (disregarding any excluded day) after the latest date for the publication of the notice of election. Where, at the latest time for withdrawal of candidature, the candidate is deemed to have withdrawn, the replacement candidates list of that non-party candidate is also deemed to have been withdrawn (
rule 19 of the Second Schedule
)
.
6. Penalties
A person is liable to a fine or imprisonment or both under the
European Parliament Elections Act 1997
for
(a) nominating a person as a replacement candidate without the person’s consent (
rule 110 of the Second Schedule
),
(b) 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 any other constituency or as a candidate in any other Member State (
rule 113 of the Second Schedule
)
.
PART 2
PHOTOGRAPHS
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 S[html]och[html]na] [an official of the registration authority] by ........................................................................................ who is personally known to me at ............................................................ [
place of signature
] this........day of ..............................[
date
].
....................................
[
signature of witness
]
[
where appropriate
]
Notes on FORM EP 2A – Form of Statutory Declaration by Assentors to nomination of certain candidates at European Parliament Elections.
(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
Sections 12 and 13 of the
European Parliament Elections Act 1997
, which were substituted by
section 10
of the
Electoral (Amendment) Act 2009
, provide that where a person is not a candidate of a registered political party, one or other of the following procedures must be complied with before the expiration of the time for receiving nominations in order for that person to be validly nominated to stand as a candidate at a European Parliament election
(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 S[html]och[html]na or an official of the registration authority (County/City/City and 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. Please note the different deadlines for receipt of nominations for candidates who are Irish citizens and candidates who are nationals of other EU Member States.
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 county/city and 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, travel document containing name and photograph or a Public Services 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 S[html]och[html]na 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 Garda[html] 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 class B fine or imprisonment for a term of up to 6 months or both.
FORM EP3
(Rules 6(1) and 19(2) of the Second Schedule
to the
European Parliament Elections Act 1997
)
FORM OF STATUTORY DECLARATION BY A CANDIDATE OR A REPLACEMENT CANDIDATE WHO IS A NATIONAL OF AN EU MEMBER STATE OTHER THAN THE STATE
I,_____________________________________________________________
do solemnly and sincerely declare that
(a) I am a national of the following EU Member State__________________
(b) My date and place of birth is ___________________________________
(c) My last address in my home Member State was ______________________________________
___________________________________________________________
___________________________________________________________
(d) I am ordinarily resident in Ireland at the following address ___________
___________________________________________________________
___________________________________________________________
(e) My name was last entered on the electoral roll in my home Member State in the #locality/constituency [#delete, as appropriate] of _____________
(f) I am not standing as a candidate for election to the European Parliament in any other EU Member State,
and
(g) I do not stand deprived of the right to stand as a candidate under the law of my home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.
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 class B fine 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 party]
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 ______________________________
10. Penalties
A person is liable to a fine or imprisonment or both under the
European Parliament Elections Act 1997
for
(a) producing to the returning officer a forged /forging a -
(i) nomination paper, or
(ii) certificate of either political affiliation or European political affiliation,
(b) offering or accepting bribes or exercising undue influence in relation to a candidature or the withdrawal, or non-withdrawal, of a candidature
(
rules 104 and 105 of the Second Schedule
),
(c) without the consent of the person concerned –
(i) nominating such person as a candidate, or
(ii) withdrawing the candidature of such person (
rule 110 of the Second Schedule
) and,
(d) 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 EU Member State (
rule 112 of the Second Schedule
).
Penalties under the
Statutory Declarations Act 1938
in respect of knowingly making a false or misleading statutory declaration are set out at 2 above.
11.
Legislation
The
European Parliament Elections Act 1997
(as amended) governs the nomination of candidates at elections to the European Parliament.
FORM EP2A
(Section 12(3) of the European
Parliament Elections Act 1997)
FORM OF STATUTORY DECLARATION
BY ASSENTORS TO NOMINATION OF CERTAIN CANDIDATES
AT EUROPEAN PARLIAMENT ELECTIONS
I .....................................................................(
name in capitals
) do solemnly and sincerely declare the following -
Particulars of Assentor
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil”
12
th of March,
2019.
I, JOHN PAUL PHELAN, Minister of State at the Department of Housing, Planning and Local Government, in exercise of the powers conferred on me by
section 3
of the
European Parliament Elections Act 1997
(No. 2 of 1997) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order (
S.I. No. 358 of 2017
) and the Housing, Planning and Local Government (Delegation of Ministerial Functions) Order 2017 (
S.I. No. 473 of 2017
)), hereby order as follows