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Death of candidate during election.
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8.—(1) If, after twelve o'clock noon on the last day for receiving nominations and before the commencement of the issue of ballot papers, at a Seanad bye-election at which the Seanad returning officer is required by this Act to take a poll, the Seanad returning officer receives notice of the death of a candidate who was duly and validly nominated at such bye-election, the Seanad returning officer, if satisfied of the fact of such death, shall countermand the poll at such election.
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(2) When the poll at a Seanad bye-election is countermanded under this section, the bye-election order for such bye-election and all proceedings theretofore had under that order shall forthwith become and be null and void and the Minister shall within one week after such countermand make a new bye-election order for such bye-election.
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(3) When the poll at a Seanad bye-election is countermanded and a new bye-election order is made under this section every candidate who stood duly and validly nominated at the time of such countermand (other than the candidate whose death occasioned such countermand) shall without any new nomination be deemed to have been duly and validly nominated at the Seanad bye-election held in pursuance of such new bye-election order unless before twelve o'clock, noon on the last day for receiving nominations under such new bye-election order the Seanad returning officer receives notice and is satisfied of the death of such candidate.
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(4) The following candidates at a Seanad bye-election shall, if elected at such bye-election, be returned as having been so elected and shall (without prejudice to the power of a court of competent jurisdiction to declare their election void) be deemed to have been duly so elected and to vacate their seats immediately after the signing by the Seanad returning officer of his certificate of the names of the candidates elected, that is to say:—
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(a) every elected candidate who is dead at the time of the said signing of the said certificate, and
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(b) every elected candidate who at the time of the said signing of the said certificate is not qualified to be or is disqualified for being a member of Seanad Eireann.
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