Presidential Elections Act, 1937
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Nominations by county and county borough councils. |
9.—(1) Any council of a county or a county borough may, by resolution of the intention to propose which not less than three clear days notice has been given in writing to every person who, at the time when such notice is given, is a member of such council, resolve to nominate one named person to be a candidate at a presidential election then pending. | |
(2) No resolution under this section shall be passed before the date of the order appointing days made in respect of the presidential election to which such resolution relates, and no such resolution shall be rescinded. | ||
(3) Every resolution passed under this section by the council of a county or a county borough shall be given effect to by means of a nomination paper in the form set out in the Second Schedule to this Act sealed with the seal of such council and delivered or sent by post to the presidential returning officer. | ||
(4) Every nomination paper sent to the presidential returning officer under this section shall state the full name, address, and description of the person nominated thereby and shall also state all such matters as are required by the said form of nomination paper to be stated therein. | ||
(5) Every nomination paper sent to the presidential returning officer under this section which is regular and valid on its face shall (unless shown to be forged or fraudulent) be conclusive evidence that the resolution mentioned in such nomination paper was duly proposed and passed in accordance with this section on the date stated in that behalf in such nomination paper at a meeting, properly convened and held, of the council whose seal is affixed to such nomination paper. | ||
(6) The presidential returning officer shall furnish free of charge on request a form of nomination paper to any council of a county or a county borough. | ||
(7) Where the presidential returning officer receives from the council of a county or a county borough two or more nomination papers, which are regular on their face and relate to the same election, the following provisions shall have effect, that is to say:— | ||
(a) any two or more of such nomination papers which purport to be made in pursuance of resolutions passed on the same day shall be invalid, and every (if any) of such nomination papers which purports to be made in pursuance of a resolution passed on a subsequent day shall also be invalid; | ||
(b) subject and without prejudice to the provisions of the foregoing paragraph, that one of such nomination papers which purports to be made in pursuance of a resolution earlier in date than any of the resolutions in pursuance of which the others of such nomination papers purport to be made shall alone be regarded and ruled upon at the ruling upon nominations, and the others of such nomination papers shall be invalid. | ||
(8) Four valid nomination papers nominating the same person and each sent to the presidential returning officer in accordance with this section by the council of a different county or county borough and received by the presidential returning officer before twelve o'clock noon on the last day for receiving nominations shall be necessary to constitute a valid and effective nomination by councils of counties or county boroughs of such person as a candidate at a presidential election. | ||
(9) The exercise of the powers conferred by this section on the council of a county borough— | ||
(a) shall, in the case of the county borough of Dublin, be a reserved function within the meaning of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), and | ||
(b) shall, in the case of the county borough of Cork, be a reserved function within the meaning of the Cork City Management Act, 1929 (No. 1 of 1929), and | ||
(c) shall, in the case of the county borough of Limerick, be a reserved function within the meaning of the Limerick City Management Act, 1934 (No. 35 of 1934). |