(LRC Revised)

Number 2 of 1997

EUROPEAN PARLIAMENT ELECTIONS ACT 1997

REVISED

Updated to 1 October 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

European Parliament Elections Act 1997

(2/1997). It is prepared by the Law Reform Commission in accordance with its function

under the

Law Reform Commission Act 1975

(3/1975) to keep the law under review

and to undertake revision and consolidation of statute law.

All Acts up to and including the

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory instruments up

to and including the

Maritime Area Planning Act 2021 (Fit and Proper Person) Order 2025

(S.I. No. 467 of 2025), made 1 October 2025, were considered in the preparation of

this Revised

Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

2

of

1997

EUROPEAN PARLIAMENT ELECTIONS

ACT 1997

REVISED

Updated to

1 October 2025

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Regulations.

4.

Expenses.

5.

Repeals.

PART II

Elections

6.

Registration of European electors.

7.

Method of election.

8.

Right to vote.

9.

Manner of voting.

10.

Polling day and commencement of count.

10A.

Advance polling.

11.

Eligibility for election to and membership of the Parliament.

11A.

Forfeiture of office order under Criminal Justice

(Corruption Offences) Act 2018.

12.

Nomination of candidates and replacement candidates.

13.

Deposit by candidates.

13A.

Return or disposal of deposit.

14.

Conduct of elections.

15.

Constituencies.

15A.

Chief returning officer.

16.

Returning officers.

17.

Local returning officers.

18.

Expenses of returning officers and local returning officers.

19.

Casual vacancies.

20.

Inspection of ballot papers and other documents.

21.

Questioning of European elections.

22.

Prohibition of disclosure of vote.

23.

Amendment of Postal and Telecommunications Services Act, 1983.

24.

Amendment of section 28 of Local Government Act, 1991.

25.

Amendment of Electoral Act, 1992.

FIRST SCHEDULE

PART I

Enactments Repealed

PART II

Regulations Revoked

SECOND SCHEDULE

Rules for the conduct of the election, etc.

THIRD SCHEDULE

Constituencies

FOURTH SCHEDULE

Form of ballot paper

Acts Referred to

Electoral Act, 1963

No. 19 of 1963

Electoral Act, 1992

No. 23 of 1992

Electoral (Amendment) Act, 1986

No. 12 of 1986

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

No. 35 of 1986

European Assembly Elections Act, 1977

No. 30 of 1977

European Assembly Elections Acts, 1977 to 1992

European Assembly Elections Act, 1984

No. 6 of 1984

European Communities Act, 1972

No. 27 of 1972

European Communities Acts, 1972 to 1995

European Parliament Elections Act, 1993

No. 30 of 1993

European Parliament Elections Acts, 1992 to 1997

Holiday (Employees) Act, 1973

No. 25 of 1973

Local Government Act, 1991

No. 11 of 1991

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c.93

Postal and Telecommunications Services Act, 1983

No. 24 of 1983

Presidential Elections Act, 1993

No. 28 of 1993

Referendum Act, 1994

No. 12 of 1994

Succession Act, 1965

No. 27 of 1965

Number

2

of

1997

EUROPEAN PARLIAMENT ELECTIONS

ACT 1997

REVISED

Updated to

1 October 2025

AN ACT TO CONSOLIDATE WITH

AMENDMENTS THE ENACTMENTS RELATING TO ELECTIONS TO THE EUROPEAN PARLIAMENT AND TO

GIVE

EFFECT TO COUNCIL DIRECTIVE NO. 93/109/EC OF 6 DECEMBER, 1993 AND TO PROVIDE FOR RELATED

MATTERS.

[24

th February

, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 2 of 1997

European Parliament Elections Act 1997

The whole Act.

...

...

...

C2

Representative in the

European Parliament construed (27.02.2004) by

European Parliament Elections

(Amendment) Act 2004

(2/2004), s. 5, commenced on enactment.

Adaptation of

references.

5.

—In the Act of 1997 and

every other Act of the Oireachtas and every instrument made under any of those

Acts, a reference to a representative in the European Parliament shall be

construed as a reference to a member of the European Parliament.

C3

Election agent construed

(1.01.1998) by

Electoral Act 1997

(25/1997), s. 28(7), commenced as per s.

1(6)(b).

Appointment of national agent

and election agent.

28.

— ...

(7) Subparagraph (a) of paragraph

(1) of Rule 24 of the Second Schedule to the Act of 1997 is hereby repealed and

every reference in the said Act to an election agent shall be construed as a

reference to the election agent appointed under this section by the candidate

concerned.

...

Editorial Notes

E1

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 7 June 2024 (23.05.2024) by

Electoral

Act, 1992 (Section 165) Regulations 2024

(S.I. No. 238 of 2024); spent as

per reg. 3.

E2

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 24 May 2019 (15.05.2019) by

Electoral

Act, 1992 (Section 165) Regulations 2019

(S.I. No. 214 of 2019); spent as

per reg. 3.

E3

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 23 May 2014 (15.05.2014) by

Electoral

Act 1992 (Section 165) Regulations 2014

(S.I. No. 204 of 2014); spent as

per reg. 3.

E4

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 5 June 2009 (13.05.2009) by

Electoral

Act 1992 (Section 165) Regulations 2009

(S.I. No. 179 of 2009); spent as

per reg. 3.

E5

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 11 June 2004 (27.05.2004) by

Electoral

Act, 1992 (Section 165) Regulations 2004

(S.I. No. 237 of 2004); spent as

per reg. 3.

E6

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 11 June 1999 (27.05.1999) by

Electoral

Act, 1992 (Section 165) Regulations 1999

(S.I. No. 153 of 1999); spent as

per reg. 3.

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 2 of 1997

European Parliament Elections Act 1997

The whole Act.

...

...

...

C2

Representative in the

European Parliament construed (27.02.2004) by

European Parliament Elections

(Amendment) Act 2004

(2/2004), s. 5, commenced on enactment.

Adaptation of

references.

5.

—In the Act of 1997 and

every other Act of the Oireachtas and every instrument made under any of those

Acts, a reference to a representative in the European Parliament shall be

construed as a reference to a member of the European Parliament.

C3

Election agent construed

(1.01.1998) by

Electoral Act 1997

(25/1997), s. 28(7), commenced as per s.

1(6)(b).

Appointment of national agent

and election agent.

28.

— ...

(7) Subparagraph (a) of paragraph

(1) of Rule 24 of the Second Schedule to the Act of 1997 is hereby repealed and

every reference in the said Act to an election agent shall be construed as a

reference to the election agent appointed under this section by the candidate

concerned.

...

Editorial Notes

E1

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 7 June 2024 (23.05.2024) by

Electoral

Act, 1992 (Section 165) Regulations 2024

(S.I. No. 238 of 2024); spent as

per reg. 3.

E2

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 24 May 2019 (15.05.2019) by

Electoral

Act, 1992 (Section 165) Regulations 2019

(S.I. No. 214 of 2019); spent as

per reg. 3.

E3

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 23 May 2014 (15.05.2014) by

Electoral

Act 1992 (Section 165) Regulations 2014

(S.I. No. 204 of 2014); spent as

per reg. 3.

E4

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 5 June 2009 (13.05.2009) by

Electoral

Act 1992 (Section 165) Regulations 2009

(S.I. No. 179 of 2009); spent as

per reg. 3.

E5

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 11 June 2004 (27.05.2004) by

Electoral

Act, 1992 (Section 165) Regulations 2004

(S.I. No. 237 of 2004); spent as

per reg. 3.

E6

Previous affecting

provisions: certain functions assigned, references construed and Act applied with

modifications for purposes of polls on 11 June 1999 (27.05.1999) by

Electoral

Act, 1992 (Section 165) Regulations 1999

(S.I. No. 153 of 1999); spent as

per reg. 3.

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Regulations.

4.

Expenses.

5.

Repeals.

PART II

Elections

6.

Registration of European electors.

7.

Method of election.

8.

Right to vote.

9.

Manner of voting.

10.

Polling day and commencement of count.

10A.

Advance polling.

11.

Eligibility for election to and membership of the Parliament.

11A.

Forfeiture of office order under Criminal Justice

(Corruption Offences) Act 2018.

12.

Nomination of candidates and replacement candidates.

13.

Deposit by candidates.

13A.

Return or disposal of deposit.

14.

Conduct of elections.

15.

Constituencies.

15A.

Chief returning officer.

16.

Returning officers.

17.

Local returning officers.

18.

Expenses of returning officers and local returning officers.

19.

Casual vacancies.

20.

Inspection of ballot papers and other documents.

21.

Questioning of European elections.

22.

Prohibition of disclosure of vote.

23.

Amendment of Postal and Telecommunications Services Act, 1983.

24.

Amendment of section 28 of Local Government Act, 1991.

25.

Amendment of Electoral Act, 1992.

FIRST SCHEDULE

PART I

Enactments Repealed

PART II

Regulations Revoked

SECOND SCHEDULE

Rules for the conduct of the election, etc.

THIRD SCHEDULE

Constituencies

FOURTH SCHEDULE

Form of ballot paper