S.I. No. 120/1984 - European Assembly Elections (Forms) Regulations, 1984.

S.I. No. 120 of 1984.

EUROPEAN ASSEMBLY ELECTIONS (FORMS) REGULATIONS, 1984.

The Minister for the Environment, in exercise of the powers conferred on him by section 19 of the European Assembly Elections Act, 1977 , (No. 30 of 1977) and section 4 of the European Assembly Elections Act, 1984 (No. 5 of 1984) hereby makes the following Regulations:

1. These Regulations may be cited as the European Assembly Elections (Forms) Regulations, 1984.

2. The European Assembly Elections (Forms) Regulations, 1978 ( S.I. No. 162 of 1978 ) and these Regulations shall be construed as one and may be cited together as the European Assembly Elections (Forms) Regulations, 1978 and 1984.

3. The European Assembly Elections (Forms) Regulations, 1978 are hereby amended by the substitution of forms A.E.2 and A.E.4 in Part I of the Schedule hereto respectively for forms A.E.2 and A.E.4 in the Schedule to the said Regulations.

4. Each of the forms in Part II of the Schedule hereto shall be the prescribed form for the purpose for which such form is expressed to be applicable.

SCHEDULE

PART I

1. I nominate the person named under as candidate for election to the Assembly of the European Communities for the constituency of .................................

2. I have read the notes on the back of this form and I hereby declare that I believe the person named as candidate to be eligible for election.

3. I hereby declare that the person named as candidate does not stand validly nominated as a candidate in respect of any other constituency.

FORM A.E.2

(Back of Form) — (Continued)

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 7 to 10 of and rules 4 to 10 of the First Schedule to the European Assembly Elections Act, 1977 .

Nomination:

1. A candidate may be nominated for one constituency only. A candidate may nominate himself or may, with his consent, be nominated by another person (being a person registered as an Assembly elector in the constituency).

Deposit:

2. A nomination will be deemed to have been withdrawn if a deposit of £1,000 is not lodged with the returning officer before 12 noon on the latest date for receiving nominations. The deposit may be made by means of legal tender or, with the consent of the returning officer, in any other manner. The deposit is returnable if—

(a) a candidate withdraws his candidature before 12 noon on the day after the latest date for receiving nominations,

(b) dies before the poll is closed,

(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated,

(d) is elected,

(e) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one-third of the quota. The deposit will be returned to the person making it and the name of the person making the deposit should be entered at 4 overleaf.

Certificate of Political Affiliation:

3. A candidate may include in the nomination paper the name of the registered political party of which he is a candidate or the name of such party together with the name of any political group noted on the Register of Political Parties in relation to that party, provided a completed certificate of political affiliation is produced to the returning officer with the nomination paper. The name of the party or of the party and the political group should be entered in the appropriate columns overleaf. If a candidate does not represent a registered political party the column relating to a registered political party may be left blank or the words "Non-party may be entered.

Delivery of Nomination Paper:

4. The completed nomination paper shall be delivered to the returning officer by the candidate or his proposer within the period fixed for the receipt of nominations.

Ruling on Nomination Paper:

5. The returning officer will rule on the validity of the nomination paper within one hour of its delivery to him. He may rule that it is invalid only if he considers that it is not properly made out or signed. He is required to object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. The candidate and his proposer, if any, and one other person designated by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling.

Qualifications, Disqualifications and Incapacities:

6. Citizens who have reached the age of 21 years and are not disqualified or incapacitated for election to Dáil Éireann are eligible for election to the Assembly.

Persons disqualified or incapacitated for election are:

(1) under the Constitution: — a person holding the office of President, Judge or Comptroller and Auditor General;

(2) under section 51 of the Electoral Act, 1923 :— a member of the Defence Forces or any police force in the State on full pay, a civil servant unless permitted by his terms of employment to be a member, a person undergoing imprisonment with hard labour for a period exceeding six months or penal servitude for any term imposed by a Court in the State, a person of unsound mind, an undischarged bankrupt under an adjudication by a Court in the State.

(3) under section 7 of the European Assembly Elections Act, 1977 as amended by section 2 of the European Assembly Elections Act, 1984 :— a person holding the office of Attorney General.

Penalties:

7. A person is liable to imprisonment or fine under the European Assembly Elections Acts, 1977 and 1984 for—

(1) nominating a candidate or withdrawing a candidature without the candidate's consent,

(2) producing to the returning officer a nomination paper or certificate of political affiliation knowing the same to have been forged,

(3) making a false declaration that a candidate is eligible for election or does not stand validly nominated in respect of any other constituency.

A.E.4

(First Schedule Rule 22)

FORM OF BALLOT PAPER

(Front of Paper)

Toghchán do Thionól na hEorpa

European Assembly Election

(Back of Paper)

SCHEDULE

PART II

REPLACEMENT CANDIDATES' LIST

(Registered political parties)

(Front of Form)

IDENTIFYING LETTERS ............................................................ ............ (to be assigned by the returning officer)

1. I/We nominate the person(s) named under, in the order stated, as replacement candidate(s) at the election of representatives to the Assembly of the European Communities for the constituency of

............................................................ ............................................................ ............................................................ ....

2. I/We hereby declare that I/we have read the notes on the back of this form and believe—

(a) each of the persons named as a replacement candidate on this list to be eligible for nomination as a replacement candidate, and

(b) none of them stand validly nominated as a replacement candidate as regards any other constituency.

Form A.E.12 (Continued)

(Back of Form)

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 3 to 5 of the European Assembly Elections Act, 1984 , section 7, and Rule 7 of the First Schedule to the European Assembly Elections Act, 1977 , Rule 79 of the First Schedule to the 1977 Act as amended and Rule 81A of the First Schedule to the 1977 Act as inserted by the European Assembly Elections Act, 1984 .

1. Nomination of Replacement Candidates

A person who is not eligible for election to the Assembly may not be nominated as a replacement candidate.

A registered political party may nominate in respect of each constituency with his or their consent one or more persons to be replacement candidates at an Assembly election.

The number of replacement candidates to be nominated by a registered political party in respect of each constituency may not exceed by more than four the number of candidates of that party standing validly nominated for the constituency at the latest time for withdrawal of candidature.

If the number of replacement candidates included in the list exceeds the maximum number permitted, the returning officer will delete from the list, commencing at the bottom, the number of candidates by which the list exceeds the maximum permitted.

A person who is a candidate at an Assembly election is eligible for nomination as a replacement candidate.

The names of replacement candidates should be listed in the order determined by the party.

A person may not be nominated as a replacement candidate for more than one constituency.

As regards a particular constituency a registered political party may use a single replacement candidates' list only.

A replacement candidates' list may be withdrawn by notice in writing signed by the authorised officer or officers of the registered political party and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations.

2. Delivery of replacement candidates' list

The completed replacement candidates' list shall be delivered to the returning officer by the officer or any of the officers who signed the list, or by a person who is a candidate for the party to which the list relates for the constituency within the period fixed for receipt of nominations.

3. Ruling on replacement candidates' list

The returning officer will rule as invalid any list which is not properly made out or signed if the list is not amended to his satisfaction.

4. Qualifications, Disqualifications and Incapacities

Citizens who have reached the age of 21 years and are not disqualified or incapacitated for election to Dáil Éireann are eligible for election to the Assembly.

Persons disqualified or incapacitated for election are:

(1) under the Constitution:— a person holding the office of President, Judge, or Comptroller and Auditor General;

(2) under section 51 of the Electoral Act, 1923 :— a member of the Defence Forces or any police force in the State on full pay, a civil servant unless permitted by the terms of employment to be a member, a person undergoing imprisonment with hard labour for a period exceeding six months or penal servitude for any term imposed by a Court in the State, a person of unsound mind, an undischarged bankrupt under an adjudication by a Court in the State;

(3) under section 7 of the European Assembly Elections Act, 1977 , as amended by section 2 of the European Assembly Elections Act, 1984 :— a person holding the office of Attorney General.

5. Penalties

A person is liable to imprisonment or fine under the European Assembly Elections Acts, 1977 and 1984 for—

(1) nominating a person as a replacement candidate without that person's consent;

(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as a replacement candidate in respect of any other constituency.

6. Authorised Officers

The person authorised to sign the replacement candidates' list presented by a registered political party are the officer or, as may be appropriate, the officers of such party, whose name or names are entered in the Register of Political Parties either pursuant to section 13 (3) (c) of the Electoral Act, 1963 or pursuant to that section as applied by section 8 (4) of the European Assembly Elections Act, 1977 .

A.E.13

(S. 4 European Assembly

Elections Act, 1984)

REPLACEMENT CANDIDATES' LIST

(Non-party candidates)

(Front of Form)

IDENTIFYING LETTERS ............................................................ ............ (to be assigned by the returning officer)

1. I nominate the person(s) named under, in the order stated, as replacement candidate(s) at the election of representatives to the Assembly of the European Communities for the constituency of.....................

............................................................ ............................................................ ...........................................................

2. I hereby declare that I have read the notes on the back of this form and believe—

(a) each of the persons named as a replacement candidate on this list to be eligible for nomination as a replacement candidate, and

(b) none of them stand validly nominated as a replacement candidate as regards any other constituency.

I rule that this replacement candidates' list is valid (or—is invalid because.....................................................

............................................................ ............................................................ ............................................................ .......)

______________

Returning Officer

Date ______________

Form A.E.13 (Continued)

(Back of Form)

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 3 to 5 of the European Assembly Elections Act, 1984 , section 7, and Rule 7 of the First Schedule to the European Assembly Elections Act, 1977 , Rule 79 of the First Schedule to the 1977 Act as amended and Rule 81A of the First Schedule to the 1977 Act as inserted by the European Assembly Elections Act, 1984 .

1. Nomination of Replacement Candidates

A person who is not eligible under the European Assembly Elections Act, 1977 for election to the Assembly may not be nominated as a replacement candidate.

A non-party candidate may nominate in respect of each constituency with his or their consent one or more persons to be replacement candidates at an Assembly election.

The number of replacement candidates to be nominated by a non-party candidate may not exceed three.

The names of replacement candidates should be listed in the order determined by the non-party candidate.

A person may not be nominated as a replacement candidate for more than one constituency.

If the number of replacement candidates included in the list exceeds the maximum number permitted, the returning officer will delete from the list, commencing at the bottom, the number of candidates by which the list exceeds the maximum permitted.

As regards a particular constituency a non-party candidate may use a single list only.

A replacement candidates' list may be withdrawn by notice in writing signed by the non-party candidate and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations.

2. Delivery of replacement candidates' list

The completed replacement candidates' list shall be delivered to the returning officer by the non-party candidate, or his proposer within the period fixed for receipt of nominations.

3. Ruling on replacement candidates' list

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his satisfaction.

4. Qualifications, Disqualifications and Incapacities

Citizens who have reached the age of 21 years and are not disqualified or incapacitated for election to Dáil Éireann are eligible for election to the Assembly.

Persons disqualified or incapacitated for election are:

(1) under the Constitution:— a person holding the office of President, Judge, or Comptroller and Auditor General;

(2) under section 51 of the Electoral Act, 1923 :— a member of the Defence Forces or any police force in the State on full pay, a civil servant unless permitted by the terms of employment to be a member, a person undergoing imprisonment with hard labour for a period exceeding six months or penal servitude for any term imposed by a Court in the State;

(3) under section 7 of the European Assembly Elections Act, 1977 , as amended by section 2 of the European Assembly Elections Act, 1984 :— a person holding the office of Attorney General.

5. Penalties

A person is liable to imprisonment or fine under the European Assembly Elections Acts, 1977 and 1984 for—

(1) nominating a person as a replacement candidate without that person's consent;

(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as a replacement candidate in respect of any other constituency.

GIVEN under the Official Seal of the Minister for the Environment,

this 11th day of May, 1984.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the forms to be used at elections of representatives to the Assembly of the European Communities.