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The ruling upon nominations.
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21.—(1) Where a bye-election order relates to a Dáil sub-panel vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by such bye-election order for the ruling upon nominations, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nominations) at which he shall rule upon the nominations in respect of which nomination papers were received by him before twelve o'clock noon on the day appointed by the said bye-election order to be the last day for receiving nominations.
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(2) The following provisions shall apply and have effect in relation to every ruling upon nominations held in pursuance of this section, that is to say:—
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(a) the Seanad returning officer shall produce the several nomination papers received by him before twelve o'clock noon on the last day for receiving nominations and shall consider and rule upon the validity of each such nomination paper and of the nomination purported to be made thereby;
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(b) the Seanad returning officer shall reject as invalid the nomination of any person in respect of whom he rules that the nomination paper of such person or the nomination thereby made is invalid or in respect of whom he is not satisfied that such person possesses the qualifications stated in sub-section 1° of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant bye-election order;
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(c) the Seanad returning officer shall rule as valid every nomination which he does not reject in pursuance of the next preceding paragraph of this sub-section;
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(d) when the Seanad returning officer rules as valid the nomination of any person, he shall forthwith enter in a list (in this Act referred to as the panel of candidates) the name, address, and description of such person as stated in his nomination paper and the name of his proposer as similarly stated and a statement, in such form as the Seanad returning officer thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on the panel mentioned in the relevant bye-election order;
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(e) when the Seanad returning officer has considered and ruled upon all the said nomination papers and the nominations made thereby, if only one person stands validly nominated the Seanad returning officer shall declare that person to be elected and shall so inform the Clerk of Seanad Eireann, but if two or more persons so stand validly nominated, the Seanad returning officer shall adjourn the election and take a poll in accordance with the subsequent provisions of this Part of this Act.
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(3) Immediately upon the completion of the ruling upon nominations, the Seanad returning officer shall sign the panel of candidates and that panel as so signed shall be conclusive evidence as to the persons who stand, or person who stands, validly nominated.
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