European Parliament Elections Act, 1997

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Number 2 of 1997

EUROPEAN PARLIAMENT ELECTIONS ACT, 1997

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

Elections

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Enactments Repealed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

Number 2 of 1997

EUROPEAN PARLIAMENT ELECTIONS ACT, 1997

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. [24th February, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title collective citation, construction and commencement.

1.—(1) This Act may be cited as the European Parliament Elections Act, 1997.

(2) Parts II, III, IV and XXIII of and the Second Schedule to the Act of 1992, so far as they relate to European elections and European electors, and this Act may be cited together as the European Parliament Elections Acts, 1992 to 1997, and shall be construed together as one Act.

(3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(4) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made.

Interpretation.

2.—(1) In this Act—

“the Act of 1992” means the Electoral Act, 1992 ;

“competent administrative authority” in relation to a Member State means the competent administrative authority designated by that Member State for the purposes of Articles 7, 10 and 13 of the Directive;

“county” means an administrative county;

“Dáil” means Dáil Éireann;

“the Directive” means the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993);

“election” means an election of representatives to the European Parliament;

“the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1995;

“European election” has the meaning assigned to it by section 7 ;

“European elector” means a person who is entitled to vote at a European election;

“excluded day” has the meaning given to it by rule 150 of the Second Schedule ;

“home Member State” in relation to any person means the Member State of which the person is a national;

“local returning officer” means a person who pursuant to section 17 (1) is a local returning officer for the purpose of this Act and includes a deputy or acting local returning officer pursuant to that section;

“Member State” means a Member State of the European Communities;

“the Minister” means the Minister for the Environment;

“non-party candidate” means a candidate who is not the candidate of a registered political party;

“the Parliament” means the Parliament of the European Communities;

“petition” means a petition presented to the High Court under this Act;

“the polling day”, except where the context otherwise requires, has the meaning assigned to it by section 10 (1);

“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 so far as it relates to European electors;

“registered political party” means a party which pursuant to section 25 of the Act of 1992 is for the time being registered in the Register of Political Parties as a party organised to contest a European election;

“replacement candidate” means a replacement candidate for the purposes of this Act;

“replacement candidates list” has the meaning assigned to it by rule 17 of the Second Schedule ;

“returning officer” means a person who is appointed by the Minister under section 16 (1) to be a returning officer for the purposes of this Act;

“Seanad” means Seanad Éireann;

“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 so far as it relates to European electors;

“the treaties” means the treaties governing the European Communities (within the meaning of section 1 (as amended, whether before or after the passing of this Act) of the European Communities Act, 1972 );

(2) In this Act—

(a) a reference to a section, Schedule or part of a Schedule is to a section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses.

4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by rule 22 of the Second Schedule or are otherwise so incurred in relation to a European election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.

Repeals.

5.—The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule.

PART II

Elections

Registration of European electors.

6.—(1) Subject to subsection (3), a person referred to in section 9 of the Act of 1992, who is a national of a Member State other than the State or the United Kingdom, shall not be entitled to be registered as a European elector in a constituency unless such person—

(a) applies to be so registered by completing an application paper in the form directed by the Minister, and

(b) furnishes to the registration authority a statutory declaration stating—

(i) the nationality of the person,

(ii) the address in the State at which the person is ordinarily resident,

(iii) where applicable, the locality or constituency in the person's home Member State on the electoral roll of which the person's name was last entered, and

(iv) the intention of such person to exercise the right to vote at a European election in the State only.

(2) Where a registration authority receives a statutory declaration referred to in subsection (1) it shall, as soon as may be, forward a copy of the declaration to the Minister who shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration relates.

(3) Subsection (1) shall not apply in relation to any person who was registered as a European elector in a constituency in a register of electors which came into force in the year 1994 including any supplement thereto published under section 15 of the Act of 1992.

(4) Where a citizen of Ireland applies to be entered on the electoral roll in the Member State, other than the State or the United Kingdom, in which the citizen resides, the Minister shall, on the request of the competent administrative authority of the Member State concerned, furnish to the said authority such relevant information available to the Minister as would indicate whether the citizen has the right to vote at an election in the State.

Method of election.

7.—(1) Elections of representatives to the Parliament shall be held and each such election (in this Act referred to as “a European election”) shall be conducted in accordance with this Act, and in case a European election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.

(2) Voting at a European election shall be by secret ballot.

(3) In this section “transferable vote” means a vote which is—

(a) capable of being given so as to indicate the voter's preference for the candidates in order, and

(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is excluded from the list of candidates.

Right to vote.

8.—Subject to rule 72 of the Second Schedule , every person whose name is on the register of European electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a European election in that constituency.

Manner of voting.

9.—(1) Subject to subsections (2) and (3), a person who is entitled to vote at a European election shall be entitled to vote in person only and at the polling station allotted to him or her, or, in case the person is authorised under rule 60 or 61 of the Second Schedule by a local returning officer, at the polling station specified in the authorisation.

(2) Every European elector whose name is, at the time of a European election, in the postal voters list for a county or county borough or any part thereof situate in a constituency shall be entitled to vote in that constituency at the poll at such election by sending the ballot paper by post to the local returning officer for that county or county borough and shall not be entitled to vote in any other manner.

(3) Every European elector whose name is, at the time of a European election, in the special voters list for a county or county borough or any part thereof situate in a constituency shall be entitled to vote in that constituency at the poll at such election in accordance with rule 45 of the Second Schedule and shall not be entitled to vote in any other manner.

Polling day and commencement of count.

10.—(1) The poll at a European election shall—

(a) be taken on such day as shall be appointed by the Minister by order (which order shall be made not less than thirty-five days before the day thereby appointed), and

(b) shall continue for such period, not being less than twelve hours, between the hours of 8 a.m. and 10.30 p.m. as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies,

and the day so appointed is in this Act referred to as “the polling day”.

(2) The counting of the votes at a European election shall begin on the day and at the time appointed by the Minister by order.

(3) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

Eligibility for election to and membership of the Parliament.

11.—(1) Subject to the following subsections of this section, every person who has reached the age of 21 years and is either—

(a) a citizen of Ireland, or

(b) a national of a Member State other than the State and ordinarily resident in the State,

shall be eligible for election under this Act to be a representative in the Parliament and for nomination under this Act as a replacement candidate.

(2) A person shall not be eligible under subsection (1) if the person—

(a) is subject to any of the disqualifications applicable to membership of the Dáil referred to in paragraphs (f) to (k) of section 41 of the Act of 1992, or

(b) holds office as a Judge or as the Comptroller and Auditor General, or

(c) being a citizen of Ireland, is a candidate at the relevant election in a Member State other than the State, or

(d) being a national of a Member State other than the State or the United Kingdom, stands deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the relevant election under the law of the person's home Member State.

(3) Where a citizen of Ireland proposes to stand as a candidate at an election in the Member State, other than the State and the United Kingdom, in which the citizen resides, the Minister (who shall be the competent administrative authority for the purposes of Articles 7, 10 and 13 of the Directive) shall, on the request of the citizen and if appropriate, furnish to the citizen an attestation certifying that the citizen has the right to stand as a candidate at the election in the State or that no disqualification for so standing is known to the Minister.

(4) A person who is elected under this Act to be a representative in the Parliament or who pursuant to section 19 is to be regarded as having been so elected, and who when so elected, or when he or she commences to be so regarded, holds office as—

(a) the Attorney General, or

(b) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or

(c) a Minister of State,

shall on such election, or, in case the person is to be so regarded, on the day on which he or she commences to be so regarded, cease to hold that office.

(5) If while a person is a representative in the Parliament that person—

(a) becomes subject to any of the disqualifications referred to in paragraph (a) of subsection (2), or

(b) becomes the holder of an office referred to in paragraph (b) of subsection (2) or subsection (4),

the person shall thereupon cease to be a representative in the Parliament.

Nomination of candidates and replacement candidates.

12.—(1) At a European election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as a European elector in the constituency for which the person proposes to nominate the candidate) as proposer.

(2) At a European election—

(a) a registered political party, and

(b) a person who in relation to the election is a non-party candidate,

may, subject to and in accordance with rules 17, 18 and 19 of the Second Schedule , nominate one or more persons, with the consent of the person or persons concerned, to be as regards the election replacement candidates.

(3) Subject to rule 17(b) of the Second Schedule , a person who is a candidate at a European election shall be eligible for nomination as a replacement candidate.

(4) At a European election a person may not be nominated as a candidate or as a replacement candidate in respect of more than one constituency.

Deposit by candidates.

13.—A candidate at a European election, or someone on the candidate's behalf, shall, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of one thousand pounds and if the said sum is not so deposited the candidature shall be deemed to have been withdrawn.

Conduct of elections.

14.—The rules contained in the Second Schedule , other than Parts XIII and XV thereof, shall have effect in relation to a European elections.

Constituencies.

15.—(1) The constituencies for which candidates shall be elected under this Act to be representatives in the Parliament shall be those specified in the Third Schedule and the number of representatives to be so elected for such a constituency shall be the number specified in respect thereof in the third column of that Schedule.

(2) The Minister shall, having considered any report presented on statutory authority to each House of the Oireachtas recommending any alteration in the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament, and not later than the first day of December, 2003 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the said constituencies.

(3) An area specified in the Third Schedule shall be taken to be that area as constituted on the 1st day of January, 1996.

Returning officers.

16.—(1) There shall for the purposes of this Act be a returning officer in respect of each constituency specified in the Third Schedule and the returning officer for a constituency shall be such one of the persons, who by virtue of section 17 is the local returning officer for a county or county borough wholly or partly situate in the constituency, as the Minister may from time to time appoint.

(2) It shall be the general duty of the returning officer to do all such acts and things, other than acts or things which are by this Act required to be done by a local returning officer, as may be necessary for effectually conducting a European election in that officer's constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Clerk of the Dáil a return of the persons elected for the constituency.

(3) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of the duties of returning officer, the Minister shall appoint a person, who by virtue of section 17 is the local returning officer for a county or county borough wholly or partly situate in the constituency, to act as returning officer during the period of the prevention and a reference in this Act to a returning officer shall, where appropriate, include a reference to an acting returning officer.

(4) An appointment of a person as returning officer under section 14 (1) of the European Assembly Elections Act, 1977 which was in operation immediately before the commencement of this section shall be deemed to be an appointment under subsection (1).

Local returning officers.

17.—(1) There shall for the purposes of this Act be a local returning officer for every county or county borough wholly or partly situate in a constituency and the local returning officer shall be—

(a) in the case of the counties of Cork, Dun Laoghaire-Rathdown, Fingal and South Dublin and the county boroughs of Cork and Dublin, the sheriff, and

(b) in every other case, the county registrar.

(2) Subject to subsection (3)(a), it shall be the duty of a local returning officer—

(a) to take the poll at a European election in the part of the constituency for which he or she is the local returning officer,

(b) to do such acts and things as he or she is otherwise by this Act required to do, and

(c) to render such assistance to the returning officer for the said constituency as that returning officer may require,

and if any doubt arises as to the duties of a local returning officer, the doubt shall be determined by the Minister.

(3) (a) Where a local returning officer is appointed under section 16 to be the returning officer for a constituency, it shall be lawful for the said officer to appoint a deputy local returning officer for the discharge of all or any particular part of his or her duties as local returning officer.

(b) Where at an election the same person is local returning officer for two or more counties or for a county and a county borough, the person may appoint in respect of each county or county borough (except one) a deputy local returning officer to open the ballot boxes and verify the ballot paper accounts.

(4) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a local returning officer or a local returning officer is prevented by illness or other reasonable cause from performing all or any of his or her duties, the Minister shall, where appropriate, appoint a person to act as local returning officer during the period of the vacancy or prevention.

(5) A reference in this Act to the local returning officer shall, where appropriate, be construed as including a reference to a deputy or acting local returning officer.

Expenses of returning officers and local returning officers.

18.—(1) The Minister for Finance shall, in respect of such services and expenses where it is practicable to do so, prepare a scale of maximum charges for returning officers and local returning officers and recoup to (or, where appropriate, pay on behalf of) every such officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every European election in respect of which he or she is the returning officer or local returning officer, not exceeding the maximum charges specified in the scale prepared under this subsection and applying for the time being.

(2) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every returning officer and local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every European election in respect of which he or she is the returning officer or local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a returning officer or local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection “legal proceedings” shall not include the trial of petitions presented in accordance with the provisions of section 21 of this Act.

(3) For the purpose of the payment of charges under this section, the returning officer or local returning officer, as the case may be, shall submit an account (or, where necessary, accounts) to the Minister for Finance and the said Minister may issue to returning officers and local returning officers directions as to the time when and the manner and form in which the accounts shall be submitted.

(4) The Minister for Finance may, if he or she thinks fit, before payment of a returning officer's or local returning officer's charges under this section apply to a judge of the Circuit Court having jurisdiction in the constituency concerned for the taxation of an account submitted by the returning officer or local returning officer (which shall be in the form directed by the Minister for Finance) and the judge shall tax such account and determine the amount payable thereunder.

(5) The taxation under this section of the account of a returning officer or local returning officer shall, if the judge so directs on the application of such officer, include determination of the amount of any claim made by any person against such officer in respect of any matter charged for in such account.

(6) On the request of a returning officer or local returning officer for an advance on account of the officer's charges the Minister for Finance may, if he or she thinks fit, and on such terms as the said Minister thinks fit, make such an advance.

Casual vacancies.

19.—(1) Where a casual vacancy occurs amongst the persons who by virtue of this Act are representatives in the Parliament, the vacancy shall be filled in accordance with Part XIII of the Second Schedule .

(2) In this section “a casual vacancy” means—

(a) a vacancy occasioned by a person who, though elected or regarded as having been elected to the Parliament pursuant to this Act, is, by virtue of any provision laid down under the treaties, not entitled to assume the office of representative in the Parliament, or

(b) a vacancy occasioned by a person having ceased to be a representative in the Parliament otherwise than by the effluxion of time or in consequence of the making of an order under section 21 by the High Court or in the circumstances referred to in rule 23(2) of the Second Schedule .

Inspection of ballot papers and other documents.

20.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.

(2) The documents referred to in subsection (1) are:

(a) the counterfoils of the ballot papers sent to postal voters under rule 32 of the Second Schedule ,

(b) the documents mentioned in paragraphs (2) and (3) of rule 39 of the said Schedule,

(c) the counterfoils of the ballot papers delivered to special voters under rule 45 of the said Schedule,

(d) the documents mentioned in subparagraphs (a) and (b) of rule 93(1) of the said Schedule, and

(e) the documents mentioned in subparagraphs (a) and (c) of rule 93(3) of the said Schedule.

(3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.

(4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court may think expedient, and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.

(5) Where an order pursuant to this section is made for the production by the Clerk of the Dáil of any document in that officer's possession relating to a European election, the production of that document accompanied by the certificate of the Clerk that the document relates to the specified election shall be prima facie evidence of the fact so certified and it shall not be necessary to prove the signature of the Clerk or the official position of the person signing the certificate. Unless the court so orders, it shall not be necessary for the Clerk to attend in person to attest to any matter relating to the document or certificate.

(6) Any endorsement appearing on any packet produced pursuant to subsection (5) shall be, until the contrary is shown, sufficient evidence that the contents of the packet are as stated in the endorsement.

(7) All documents sent by a local returning officer or a returning officer in pursuance of this Act to the Clerk of the Dáil, other than documents referred to in subsection (2), shall be open to public inspection at such time and under such conditions as may be specified by the Clerk. The Clerk shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance.

Questioning of European elections.

21.—(1) A European election may, and may only, be questioned by a petition to the High Court.

(2) (a) Subject to paragraph (b), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present the petition not later than 7 days after the declaration by the returning officer of the result of the election, by order grants leave to the person to do so.

(b) Where a person applying for leave to present a petition to the High Court alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the European election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the application to the High Court may be made within the seven days next after the day on which the said payment or consideration is alleged to have been made or to have passed.

(c) An application for leave to present a petition may be made by any person who is registered or entitled to be registered as a European elector in the constituency.

(3) The High Court shall not grant leave under subsection (2) unless it is satisfied—

(a) that there is prima facie evidence of a matter referred to in subsection (8) in relation to which the petition questions the election concerned, and

(b) that the said matter is such that it is likely to have affected the result of the election.

(4) A petition shall be presented by being lodged in the Central Office of the High Court not later than 3 days after the grant of leave by the High Court under subsection (2).

(5) (a) Subject to paragraph (b) and rule 131(2) of the Second Schedule , a petition shall not be accepted for lodgement with the court unless the petitioner lodges with the petition security in the sum of £5,000 for costs which may become payable by the petitioner.

(b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) or that to require a petitioner to lodge the said amount would cause the petitioner serious hardship, the court may require the petitioner to lodge such lesser amount as the court considers appropriate.

(6) Where a petition has been lodged with the court as soon as may be the petitioner shall give a copy of the petition—

(a) to any person to whose election the petition relates,

(b) to the Minister,

(c) to the Clerk of the Dáil,

(d) to the returning officer for the constituency to which the petition relates, and

(e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.

(7) The provisions of Part XV of the Second Schedule shall have effect as regards a petition.

(8) (a) A European election may be questioned on the grounds that the result of the election was likely to have been affected by:

(i) want of eligibility under section 11 ;

(ii) the commission of an offence referred to in Part XIV of the Second Schedule ;

(iii) obstruction of or interference with or other hindrance to the conduct of the election;

(iv) mistake or other irregularity;

(v) failure by the returning officer or any local returning officer to complete or otherwise to conduct the election in accordance with law.

(b) No European election shall be declared invalid by reason of non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake was not likely to have affected the result of the election.

(c) Notwithstanding any other provision of this Act, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.

(9) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and, subject to the foregoing, the decision of the High Court shall be final and not appealable.

(10) At the trial of a petition the court shall determine the matter at issue in the petition and, if it does not dismiss the petition, shall where appropriate include in its order determining the matter at issue either—

(a) a declaration of the correct result of the election concerned, or

(b) if it considers that it is unable to determine the correct result of the election, a declaration that the election or a specified part thereof was void together with a statement of its reasons for making the declaration.

(11) Where the court declares that the whole or any part of a European election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Parliament and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court's order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if a European election otherwise is due to be held in the State within the period of six months next following the said date.

Prohibition of disclosure of vote.

22.—A person who has voted at a European election shall not in any legal proceedings be required to state how or for whom he or she voted.

Amendment of Postal and Telecommunications Services Act, 1983.

23.—The Postal and Telecommunications Services Act, 1983 is hereby amended by—

(a) the substitution in paragraph (h) of subsection (3) of section 63, as inserted by paragraph (a) of section 173 of the Electoral Act, 1992 , for “European Assembly Elections Acts, 1977 to 1992” where that expression occurs of “European Parliament Elections Acts, 1992 to 1997”; and

(b) the substitution of the following paragraph for paragraph (d) of subsection (1) of section 74, as substituted by paragraph (c) of section 173 of the Electoral Act, 1992 :

“(d) Rule 22 of the Second Schedule to the European Parliament Elections Act, 1997.”.

Amendment of section 28 of Local Government Act, 1991 .

24.—The Local Government Act, 1991 is hereby amended by the substitution in paragraph (e)(ii) of subsection (4) of section 28 for “section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 ,” of “ section 19 of the European Parliament Elections Act, 1997,”.

Amendment of Electoral Act, 1992.

25.—The Electoral Act, 1992 is hereby amended by—

(a) the substitution in subsection (1) of section 17 for “or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986 ” of “, at a presidential election in accordance with the said Part XIV (as applied to a presidential election by section 41 of the Presidential Elections Act, 1993 ), at a referendum in accordance with the said Part XIV (as applied to a referendum by section 29 of the Referendum Act, 1994 ), at a European election in accordance with Part V of the Second Schedule to the European Parliament Elections Act, 1997 or at a local election in accordance with Part VIII of the Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 )”,

(b) the substitution in paragraph (d)(ii) of subsection (3) of section 164 for “the European Assembly Elections Acts, 1977 to 1992” of “the European Parliament Elections Acts, 1992 to 1997”,

(c) the substitution in subsection (1)(c) of section 165 for “the European Assembly Elections Acts, 1977 to 1992” of “the European Parliament Elections Acts, 1992 to 1997”, and

(d) the substitution in subsection (5) of section 165 for “Rule 18 of the First Schedule to the European Assembly Elections Act, 1977 ” of “Rule 22 of the Second Schedule to the European Parliament Elections Act, 1997”.

FIRST SCHEDULE

PART I

Enactments Repealed

Section 5 .

PART II

Regulations Revoked

SECOND SCHEDULE

Rules for the conduct of the election, etc.

Section 14 .

ARRANGEMENT OF RULES

PART I

Nominations

PART II

Agents of Candidates

PART III

Death of a Candidate

PART IV

Postal Voting

PART V

Voting by Special Voters

PART VI

Polling on Islands

PART VII

Arrangements for the Poll

PART VIII

The Poll

PART IX

Verification of Ballot Paper Accounts

PART X

Arrangements for the Counting of the Votes

PART XI

Rules for the Counting of the Votes

PART XII

Result of Election, Disposal of Documents etc.

PART XIII

Casual Vacancies

PART XIV

Electoral Offences

PART XV

European Election Petitions

PART XVI

General

SECOND SCHEDULE

Rules for the conduct of the election, etc.

Sections 14 , 19 and 21 .

PART I

Nominations

Order under section 10 .

1. As soon as may be after making an order under section 10 the Minister shall send a copy of the order to each returning officer and to the Registrar of Political Parties.

Notice of election.

2. The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the “notice of election”) stating—

(a) the times for receiving nominations,

(b) the amount of the deposit,

(c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained,

(d) the times and place at which the returning officer will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.

Register of Political Parties.

3. On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.

Necessity for nomination.

4. A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person’s nomination paper has been ruled as valid by the returning officer.

Nomination of candidates.

5. (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament,

(b) a form of statement indicating whether the candidate is—

(i) a citizen of Ireland or a British citizen, or

(ii) a national of a Member State, other than the State or the United Kingdom,

and

(c) a form of declaration, to be signed by the candidate or the candidate’s proposer, that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the nomination paper is correct in all material respects, and

(ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State.

(2) Each nomination paper shall state the names (the surname being stated first) and the address and the occupation (if any) of the candidate.

(3) A candidate may include in the nomination paper the name of the registered political party of which he or she is a candidate or the name of such political party together with the name of any political group noted on the Register of Political Parties in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Schedule referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(4)(c) of the Act of 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices and where a candidate includes in the nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices.

(4) Where a candidate is not the candidate of a registered political party, the candidate shall be entitled to enter after his or her name on the nomination paper the expression “Non-Party” and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(5) A person to whom paragraph (4) applies may include in the nomination paper the name of any political group formed in accordance with the rules of procedure of the Parliament of which he or she is a member, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Schedule referred to as a “certificate of European political affiliation”) is also produced to the returning officer, being a certificate signed by a member of the Secretariat of the relevant political group that the person in question is a member of the political group formed in accordance with the rules of procedure of the Parliament and named in the certificate. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group, in addition, where appropriate, to the expression “Non-Party”, to be specified in relation to the candidate on all the ballot papers and on notices.

(6) Every reference in this rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to rule 3.

Declaration and attestation in the case of certain candidates.

6. (1) Where a person named as a candidate on a nomination paper is a national of a Member State, other than the State or the United Kingdom, there shall be delivered to the returning officer at the time of delivery of the nomination paper—

(a) a statutory declaration in the prescribed form made by the candidate stating—

(i) the Member State of which the person is a national,

(ii) the address in the State at which the person is ordinarily resident,

(iii) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered, and

(iv) that the person is not a candidate at the election in any other Member State,

and

(b) an attestation from the competent administrative authority of the person’s home Member State certifying that the person has not been deprived, through an individual criminal law or civil law decision, of the right to stand as a candidate at the election in that Member State or that no such disqualification is known to the competent administrative authority concerned.

(2) In the case of each valid nomination paper referred to in paragraph (1) which is not subsequently withdrawn or deemed to be withdrawn, the returning officer shall, as soon as may be after the latest time for the withdrawal of nominations, forward to the Minister a copy of the declaration and attestation delivered in connection with each such nomination paper and the Minister shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration and attestation relate.

Declaration by Irish citizen standing as candidate in another Member State.

7. (1) The Minister shall, as soon as practicable after receipt, forward to each returning officer a copy of every statutory declaration received from the competent administrative authority of another Member State made by a citizen of Ireland who is a candidate at the election in that Member State.

(2) Each returning officer shall, during the period ending on the seventh day next after the results of the election have been declared, keep available for public inspection during the usual office hours at the office of the returning officer the copy of every statutory declaration which has been transmitted to the returning officer by the Minister in accordance with paragraph (1).

Deposit by candidates.

8. The deposit to be made by or on behalf of a candidate pursuant to section 13 may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit.

9. (1) The deposit made by or on behalf of a candidate shall be returned where the candidate—

(a) withdraws his or her candidature in accordance with rule 15,

(b) dies before the poll is closed,

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

(d) is elected, or

(e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes exceeds one quarter of the quota.

(2) Any deposit which is not returned under the foregoing paragraph shall be forfeited.

(3) Where a deposit is to be returned under paragraph (1) it shall be returned to the person by whom it was made; provided that a deposit made by a person who dies before the deposit is returned shall be returned to the personal representative of that person.

(4) A deposit forfeited under this rule shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.

(5) In this rule “personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 .

Times for receiving nominations.

10. The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest date for the publication of the notice of election and the latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) after the said latest date.

Delivery of nomination papers.

11. (1) Every nomination paper shall be delivered to the returning officer within the times specified in rule 10, by the candidate or the proposer of the candidate.

(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.

(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the notice of election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on the said latest date.

Selection of nomination papers.

12. The returning officer shall number the nomination papers in the order in which they are received; and the first valid nomination paper nominating a candidate for election shall be deemed to be the nomination of that candidate.

Ruling on validity of nomination papers.

13. (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery and subject to subparagraph (b), may rule that it is invalid if, but only if, he or she considers that it is not properly made out or signed.

(b) The returning officer shall rule invalid any nomination paper relating to a person referred to in rule 6(1) which is not accompanied by both the statutory declaration and the attestation referred to in that rule or where it appears to the returning officer that the said declaration or attestation does not conform with the said rule 6.

(2) The candidate nominated by each nomination paper and the candidate’s proposer, if any, and one other person designated by the candidate or proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—

(a) is not a name by which the candidate is commonly known; or

(b) is misleading and likely to cause confusion; or

(c) is unduly long; or

(d) contains a political reference;

and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not amended to the returning officer’s satisfaction, the returning officer may amend it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to paragraph (3) or (4) of rule 5. Where a returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(5) Having ruled on the validity of a nomination paper, the returning officer shall put a note of the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision of the returning officer under this rule shall be final subject only to reversal on a petition questioning the election.

(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.

(7) Every person in respect of whom a nomination paper has, under this rule, been determined to be valid and whose candidature is not withdrawn in accordance with rule 15 or is not deemed under section 13 or rule 27(1) to have been withdrawn shall stand validly nominated as a candidate.

Publication of nominations.

14. The returning officer shall, as soon as practicable after ruling that a nomination paper is valid, cause a notice to be displayed outside the place at which the officer is receiving nominations stating the name and description of the person nominated in the paper and the name and address of the person’s proposer, if any.

Withdrawal of candidature.

15. (1) A candidate may withdraw his or her candidature by a notice of withdrawal signed by the candidate and delivered in person by the candidate or by the candidate’s proposer to the returning officer not later than the hour of 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations.

(2) Where the returning officer is satisfied that a candidate wishes to withdraw his or her candidature and that the candidate and proposer are unable to attend, the withdrawal may be effected by delivering to the returning officer, not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.

Publication of withdrawal.

16. The returning officer shall, immediately on the delivery of a notice of withdrawal under rule 15, give public notice of the withdrawal (and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person).

Nomination of replacement candidates.

17. The following provisions shall apply in relation to the nomination of replacement candidates at a European election—

(a) the number of replacement candidates to be so nominated shall not—

(i) in the case of replacement candidates so nominated by a registered political party, exceed by more than four the number of candidates of that party standing validly nominated at the latest time for withdrawal of candidature under rule 15, and

(ii) in the case of replacement candidates so nominated by a non-party candidate, exceed three,

(b) a person shall not be nominated as a replacement candidate unless that person is eligible under this Act for election to the Parliament,

(c) the replacement candidates so nominated as regards a particular constituency shall be nominated by each of their names being entered on a list (in this Act referred to as the “replacement candidates list”) and in nominating replacement candidates as regards a particular constituency, the registered political party or, as may be appropriate, the non-party candidate concerned, shall, subject to rule 19(4)(a), use a single such list.

Replacement candidates list.

18. (1) A replacement candidates list shall be in the prescribed form and may, if the Minister so thinks proper, include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament,

(b) a form of statement indicating whether a person nominated by entry thereon as a replacement candidate is—

(i) a citizen of Ireland or a British citizen, or

(ii) a national of a Member State other than the State or the United Kingdom,

and

(c) a form of declaration, to be signed by the appropriate person that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the replacement candidates list is correct in all material respects, and

(ii) as regards the replacement candidates nominated by entry on such list, each of them is eligible for nomination under this Act as a replacement candidate and has consented to such nomination and none of them stands validly nominated as a replacement candidate as regards any other constituency or is a candidate at the election in any other Member State.

(2) In paragraph (1)(c) “appropriate person” means—

(a) in case the replacement candidates list is signed by an officer referred to in paragraph (3)(a), the officer or, as may be appropriate, the officers signing the list, and

(b) in case the list is signed by a person who is a non-party candidate at the relevant election, that person.

(3) A replacement candidates list shall be signed by—

(a) in case the list contains the names of one or more replacement candidates nominated by a registered political party, the officer or, as may be appropriate, the officers of such party whose name or names are entered in the Register of Political Parties pursuant to section 25(4)(c) of the Act of 1992,

(b) in case the list contains the names of one or more replacement candidates nominated by a person who is a non-party candidate at the election, that person.

(4) As regards a replacement candidates list the surname of any person nominated by entry thereon as a replacement candidate shall be placed before that person’s other name or names and the list shall also contain his or her address.

(5) Where a registered political party or a non-party candidate at a European election nominates more than one replacement candidate, the order in which the replacement candidates are nominated shall be determined by that party or, as may be appropriate, that candidate, and the names of such replacement candidates shall be listed on the relevant replacement candidates list in that order and, in applying any provision of this Act, in relation to the list, the names on the list shall be listed or given in the order in which they have been so determined and listed or, as may be appropriate, regard shall be had to that order.

(6) As may be appropriate, a replacement candidates list shall be headed by—

(a) where the list is signed by an officer or officers referred to in paragraph (3)(a), the name together with (if the officer or officers by whom the list is signed so wish) the initials or other abbreviation (if any) by which the party concerned is known, or

(b) in case the list is signed by a non-party candidate at the election, the name of that candidate (the surname being stated first).

(7) (a) Where a replacement candidates list is presented to the returning officer, the returning officer shall assign to the list one or more letters for the purpose of identifying it and, when such letter or letters is or are so assigned, the replacement candidates list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled by the returning officer as being invalid) be referred to on any ballot paper, notice or other document by reference to such letter or letters.

(b) An assignment by the returning officer under this paragraph shall not form a ground on which a European election may be questioned.

Delivery and withdrawal of replacement candidates list, etc.

19. (1) Each replacement candidates list shall be delivered to the returning officer within the times specified for receiving nominations by rule 10 and such delivery shall be made by—

(a) in case the list is signed by an officer referred to in rule 18(3)(a), the officer or, as may be appropriate, any of the officers, by whom the list was signed or any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates,

(b) in case the list is signed by a person who is a non-party candidate at such election, that person or the person’s proposer.

(2) Where a person nominated as a replacement candidate on a replacement candidates list is a national of a Member State, other than the State or the United Kingdom, and a statutory declaration and attestation in conformity with rule 6 in respect of the person concerned has not been delivered to the returning officer for the constituency concerned pursuant to the said rule 6, there shall be delivered to the returning officer at the time of delivery of the replacement candidates list—

(a) a statutory declaration in the prescribed form made by the replacement candidate stating—

(i) the Member State of which the person is a national,

(ii) the address in the State at which the person is ordinarily resident,

(iii) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered, and

(iv) that the person is not a candidate at the election in any other Member State,

and

(b) an attestation from the competent administrative authority of the person’s home Member State certifying that the person has not been deprived, through an individual criminal law or civil law decision, of the right to stand as a candidate at the election in that Member State or that no such disqualification is known to the competent administrative authority concerned.

(3) (a) Where the returning officer is of opinion that a replacement candidates list is not properly made out or signed and the list is not amended to his or her satisfaction, the returning officer shall rule it as being invalid.

(b) A decision under this paragraph shall be final.

(c) As soon as may be after the receipt by the returning officer at a European election of a replacement candidates list which he or she does not rule as being invalid the returning officer shall—

(i) cause to be displayed outside the place at which the officer is receiving nominations a notice referring to the list and stating the names and addresses of the replacement candidates nominated by entry thereon and in the order in which they appear on the list,

(ii) give, by post or otherwise, notice in writing of such receipt to the person or persons by whom the list was signed, and to each replacement candidate nominated by entry thereon and a notice given pursuant to this subparagraph to a replacement candidate shall refer to the relevant replacement candidates list and contain the names of the replacement candidates nominated by entry, and in the order in which they appear, thereon.

(d) As soon as may be after the time specified in rule 15(1) as the latest time for the withdrawal of candidature, the returning officer shall examine the replacement candidates lists (if any), and—

(i) where the number of replacement candidates included in any such list exceeds the maximum number permitted by rule 17(a), the returning officer shall delete from the list the number of names equal to the excess commencing with the name which stands at the bottom of the list and if need be thereafter working up that list,

(ii) where, in relation to a person referred to in paragraph (2), the relevant statutory declaration and attestation referred to in that paragraph and conforming thereto are not delivered to the returning officer in accordance with that paragraph, the returning officer shall delete the name of the person concerned from the replacement candidates list,

(iii) in case the returning officer deletes a name from a replacement candidates list the returning officer shall, as soon as may be, give, by post or otherwise, to the person whose name has been deleted and to the person or, as may be appropriate, each of the persons, by whom the list was signed, notice in writing of the deletion and of the reason therefor.

(4) (a) A replacement candidates list may be withdrawn by notice in writing signed by—

(i) in case the list is a replacement candidates list referred to in paragraph (3)(a) of rule 18, the person who is or, as may be appropriate, the persons who are for the time being the officer or officers referred to in that paragraph, or

(ii) in case the list is a replacement candidates list referred to in paragraph (3)(b) of rule 18, the non-party candidate by whom it was signed,

and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations.

(b) A notice referred to in subparagraph (a) may be delivered to the returning officer by being given to him or her by—

(i) in case the notice relates to a replacement candidates list referred to in rule 18(3)(a)—

(I) the officer or, as may be appropriate, any of the officers, by whom it was signed, or

(II) any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates,

(ii) in case the notice relates to a replacement candidates list referred to in rule 18(3)(b), the non-party candidate by whom the list was signed or the proposer of that candidate.

(c) The returning officer shall, immediately on the delivery to him or her of a notice referred to in subparagraph (a), give public notice of the withdrawal concerned.

(5) Where a replacement candidates list is presented at a European election and—

(a) in case such list was presented by a registered political party, at the latest time for withdrawal of candidature under rule 15 no candidate of that party stands nominated, or

(b) in case such list was presented by a non-party candidate and the candidature of that candidate is, or pursuant to either section 13 or rule 27(1) is deemed to have been, withdrawn,

the replacement candidates list shall be deemed to have been withdrawn.

(6) Nothing done by a returning officer in exercising the power conferred on such officer by paragraph (3)(d) shall form a ground on which a European election may be questioned.

(7) As soon as may be after the notice of poll is published in a constituency pursuant to rule 49, the returning officer concerned shall deliver to the Clerk of the Dáil the replacement candidates lists duly presented at that election in respect of the constituency (being lists of which public notice was given pursuant to the said rule 49).

(8) The Clerk of the Dáil shall retain possession of each replacement candidates list delivered to him or her pursuant to paragraph (7) and each such list shall, unless the contrary is shown, be evidence of the matters stated therein.

(9) The returning officer shall, as soon as may be after the latest time for withdrawal of nominations, forward to the Minister a copy of the declaration and attestation delivered in respect of every person referred to in paragraph (2) whose name appears on a replacement candidates list published by the returning officer pursuant to rule 49 and the Minister shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration and attestation relate.

Provision of forms by returning officer.

20. At a European election the returning officer shall, during the usual office hours and at such place or places as are named in the notice of election, on each week day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations, provide—

(a) the form of nomination paper,

(b) forms for use as replacement candidates lists, and

(c) forms of statutory declaration referred to in rules 6 and 19(2),

and the returning officer shall supply such a paper or forms free of charge to any person applying therefor, but the use at an election of a paper or form supplied by the returning officer pursuant to this rule shall not be obligatory: provided that the document so used is in the form prescribed under rule 5, 6, 18 or 19(2) as may be appropriate.

Obstruction of nominations.

21. (1) If the proceedings for or in connection with the nomination of candidates or replacement candidates are obstructed by violence the returning officer may adjourn the proceedings to a later hour on the same day or to the next following day (disregarding any excluded day) and, if the returning officer so considers it necessary, he or she may further adjourn the proceedings until such obstruction shall have ceased.

(2) Where any proceedings for or in connection with such nomination are adjourned under this rule the returning officer shall so inform the Minister who may, by order, postpone the latest date for receiving nominations in the constituency for a period equal to the period of such adjournment and appoint the day for the taking of the poll in that constituency. In case the Minister appoints a day under this rule the poll shall be taken in the constituency concerned on the day so appointed and the order under section 10 shall, in so far as it relates to the constituency, be construed and have effect as if the day appointed under this rule were the day specified in the said order for taking the poll.

Candidates entitled to free postage.

22. (1) Subject to paragraph (3), each candidate at a European election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of European electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.

(2) A candidate shall not be entitled to exercise the right of free postage conferred by this rule before he or she is validly nominated, unless he or she has given such security as may be required by An Post for the payment of the postage on all communications sent by the candidate under this rule in case he or she does not eventually become nominated.

(3) Where in a constituency two or more candidates at a European election are candidates of the same political party then for the purposes of this rule those candidates shall be regarded as a single candidate.

(4) The Minister may, after consultation with the Minister for Transport, Energy and Communications and such other persons as the Minister considers appropriate, by order amend the provisions of this rule.

(5) (a) The Minister may amend or revoke an order under this rule (including an order under this paragraph).

(b) Where an order under this rule (including an order under this paragraph) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Procedure after nominations.

23. (1) If at 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations—

(a) the number of candidates standing nominated exceeds the number of representatives to be elected, the returning officer shall adjourn the European election and shall take a poll in accordance with this Act, or

(b) the number of candidates standing nominated is equal to or less than the number of representatives to be elected, the returning officer shall forthwith declare the candidates standing nominated to be elected, make a return to the Clerk of the Dáil in accordance with rule 92(2) and give public notice in accordance with rule 92(3).

(2) Where, at the time specified in paragraph (1), the number of candidates standing nominated in a constituency is less than the number of representatives to be elected, a fresh election shall be held in the constituency in accordance with the provisions of this Act to fill the vacancy or vacancies in the Parliament arising from the deficiency in the number of candidates standing nominated and the poll at the fresh election shall be taken on such day, being a day within the period of six months beginning on the day appointed by the order under section 10 for the taking of the poll at the original election, as the Minister by order directs.

PART II

Agents of Candidates

Appointment of agents.

24. (1) A candidate may appoint in relation to the constituency—

(a) one election agent to assist him or her generally, and

(b) one local agent for each county or county borough contained in the constituency to assist the candidate in such county or county borough and to act as deputy in such county or county borough for the election agent of the candidate.

(2) A candidate or the election agent or the local agent of the candidate may appoint with respect to any polling district in the constituency one deputy local agent to assist the candidate in the polling district and to act therein as deputy for the candidate’s election agent and local agent.

(3) An appointment under this rule may be revoked by—

(a) in case the appointment is made under paragraph (1), the candidate,

(b) in case the appointment is otherwise made under this rule, the candidate or the election agent or the local agent of the candidate.

(4) Where an appointment under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule to replace him or her.

(5) The name and address of every agent appointed under this rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to—

(a) in the case of the election agent, the returning officer,

(b) in the case of a local agent or a deputy local agent, the local returning officer.

General provisions as to agents.

25. (1) Each candidate, the election agent or the local agent of the candidate for the county or county borough concerned may appoint agents to be present on the candidate’s behalf—

(a) at the issue of ballot papers to postal voters,

(b) in polling stations,

(c) at the opening of the postal voter ballot boxes, and

(d) at the opening of the ballot boxes and the verification of the ballot paper accounts.

(2) Each candidate or the election agent of the candidate may appoint agents to be present on the candidate’s behalf at the counting of the votes.

(3) Subject to paragraph (4), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed—

(a) in the case of agents appointed to be present at the counting of the votes, by the returning officer,

(b) in the case of any other agents appointed under this rule, by the local returning officer,

so, however, that the same number shall be allowed on behalf of each candidate.

(4) Each candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned may appoint one person (in this Schedule referred to as a “personation agent”) to be present as the candidate’s agent in each polling station for the purpose of assisting in the detection of personation and such appointment shall be in writing and shall be produced to the presiding officer for the polling station concerned.

(5) An appointment under this rule may be revoked by—

(a) in case the appointment is made pursuant to paragraph (2), the candidate or the election agent of the candidate,

(b) in case the appointment is otherwise made under this rule, the candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned.

(6) A candidate, the election agent or the local agent of the candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to the said local returning officer.

(7) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every personation agent appointed by the candidate or the election agent or the local agent of the candidate together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this rule and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer as provided by rule 71(2) and the documents and materials specified in that section have been placed in sealed packets.

(8) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the postal voter ballot boxes and the local returning officer may refuse to admit to the place where the postal voter ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.

(9) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the ballot boxes and the verification of ballot paper accounts and the local returning officer may refuse to admit to the place where the ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.

(10) A candidate or the election agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or the election agent of the candidate to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to the returning officer.

(11) Where the appointment of an agent under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule in place of the first-mentioned agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to—

(a) in case the appointment is an appointment referred to in paragraph (2), the returning officer,

(b) in every other case the local returning officer.

(12) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on the candidate’s behalf by an agent appointed under this rule or rule 24 and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Schedule, be present.

(13) Any thing required by this Schedule to be done in the presence of an agent of a candidate shall not be invalidated by reason of the agent not being present at the time and place appointed for doing such thing.

Officers not to act as agents of candidates, further candidatures, etc.

26. (1) A returning officer, a local returning officer or any person employed by any such officer for any purpose relating to a European election shall not act as an agent for a candidate at that election and shall not be associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

(2) A returning officer or a local returning officer shall not employ in any capacity for the purposes of a European election a person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

PART III

Death of a Candidate

Death of a candidate.

27. (1) Where, not less than forty eight hours before the latest time for receiving nominations, the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.

(2) Where, at any time during the period beginning forty eight hours before the latest time for receiving nominations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the European election—

(a) the returning officer shall forthwith notify the Minister and the Clerk of the Dáil of the death of the candidate and at the same time, if notice of the poll has been given, the returning officer shall countermand the poll,

(b) the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,

(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,

(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the publication of the notice under subparagraph (b) in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date,

(e) the polling day at the fresh election shall be fixed by the Minister,

(f) rule 3 shall not apply in relation to the fresh election and references to the Register of Political Parties contained in rule 5 shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the original election.

(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died—

(a) all votes cast at the European election in the constituency shall be disregarded and the ballot papers destroyed by the returning officer,

(b) the provisions of subparagraphs (a) to (f) of paragraph (2) shall apply.

(4) Where a candidate at a European election dies in circumstances other than those referred to in paragraph (1), (2) or (3) the following provisions shall apply:

(a) the death of the candidate shall not invalidate the candidate’s nomination or any preference recorded for him or her, and

(b) if the candidate is elected—

(i) such election shall not be invalidated by reason of the candidate’s death and he or she shall be deemed to have been elected as a representative to the Parliament by virtue of this Act and to have resigned office immediately after having so become such a representative, and

(ii) section 19 shall apply as regards the resultant vacancy in the Parliament.

(5) Where a poll is countermanded under this rule, all ballot papers issued to postal voters and special voters shall be disregarded and the local returning officer shall destroy, without opening, all ballot papers received for inclusion in the countermanded poll.

PART IV

Postal Voting

Voting by post.

28. The local returning officer for a county or county borough situate in a constituency shall, as soon as practicable after the adjournment of a European election for the purpose of taking a poll, send by post to each European elector whose name is on the postal voters list for that county or county borough a ballot paper and form of receipt in the form directed by the Minister, and if the ballot paper duly marked by the said elector and accompanied by the said receipt duly signed by the elector is received by the local returning officer before the close of the poll, it shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

Voting by electors referred to in section 12 of Act of 1992.

29. (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a European election whose names are entered in the postal voters list pursuant to section 14(c) of the Act of 1992 subject to the following modifications—

(a) an elector whose name is so entered in the postal voters list, in order to cast his or her vote, shall, in the presence of an authorised person and no other person, do the following things in the following order—

(i) produce to the authorised person the envelope addressed to the elector pursuant to rule 32(3), the ballot paper (in relation to which the authorised person shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the authorised person who shall, on being satisfied as to the identity of the person who has signed the declaration of identity, witness the signature;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the local returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”.

(2) In this rule—

“authorised person” means a person appointed by the Secretary of the Department of Foreign Affairs to be an authorised person for the purposes of this rule;

“ballot paper envelope” and “covering envelope” have the meanings specified in rule 32(3).

Form of ballot paper and receipt.

30. (1) The ballot paper to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other electors.

(2) The receipt sent with the ballot paper to postal voters shall be in the form directed by the Minister and shall have printed thereon the instructions to the voter and a statement of the offences and penalties relating to postal voting contained in Part XIV .

Presence of agents.

31. The local returning officer, the local returning officer’s assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates appointed for this purpose under rule 25, and no other person, except with the permission of the local returning officer, may be present at the proceedings on the issue of postal ballot papers and on the opening of the postal voters ballot boxes and the envelopes contained therein.

Issue of postal ballot papers.

32. (1) The local returning officer shall give each candidate at a European election at least twenty-four hours notice in writing of the time and place at which, if the election is contested, the officer will issue ballot papers to postal voters and of the number of persons each candidate may appoint to attend such issue and, where any subsequent issue of ballot papers is made, the local returning officer shall give each candidate, as soon as practicable, notice of the time and place at which the said officer will make such subsequent issue and of the number of persons each candidate may appoint to attend such issue.

(2) Each ballot paper issued shall be marked with the official mark which shall be embossed or perforated so as to be visible on both sides of the paper and the number (including polling district letter) and name of the elector as stated in the postal voters list shall be called out, and a mark shall be placed in a copy of the postal voters list opposite the number of the elector to denote that a ballot paper has been issued to the elector, but without showing the number of the ballot paper so issued.

(3) The local returning officer shall place in an envelope addressed to the postal voter—

(a) the ballot paper,

(b) the form of receipt,

(c) an envelope (in this Schedule referred to as a “covering envelope”) addressed to the local returning officer, and

(d) a smaller envelope, marked “ballot paper envelope”,

and shall effectually seal the first-mentioned envelope.

(4) All envelopes addressed to the postal voters shall be counted and forthwith delivered by the local returning officer to the nearest head post office or such other post office as may be arranged with the head postmaster; and the postmaster shall stamp with the date stamp of An Post a receipt, to be presented to the postmaster by the local returning officer, stating the number of envelopes so delivered and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

(5) Where an envelope containing a ballot paper and other documents referred to in this rule is, before polling day, returned to the local returning officer as not having been delivered to a postal voter, the local returning officer may re-address the envelope and send it by post to that voter.

Provision of postal voters ballot boxes.

33. (1) The local returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

(2) Every such ballot box shall, at the time of the issue of the ballot papers to postal voters, be shown open and empty to the agents present, and shall be sealed with the seal of the local returning officer and the seals of such of the agents as desire to affix their seals, and shall be marked “Postal Voters Ballot Box” (by which name such ballot box is in this Schedule subsequently referred to), and with the name of the constituency and the county or county borough and the local returning officer shall make provision for the safe custody of such ballot box.

Envelopes to be placed in postal voters ballot boxes.

34. The local returning officer shall, immediately on the receipt of covering envelopes, place them unopened in the postal voters ballot box.

Envelopes to be treated as covering envelopes.

35. If the local returning officer receives, before the close of the poll, an envelope other than a covering envelope and finds therein any document which it would have been appropriate to send to the officer in a covering envelope, the local returning officer shall—

(a) securely seal the envelope;

(b) endorse thereon, and sign, a statement that the envelope has been sealed with the contents intact;

(c) place the closed envelope in a postal voters ballot box;

(d) thereafter treat the envelope as a covering envelope;

and any reference in this Part to a covering envelope shall be construed as including a reference to an envelope which has been dealt with by the local returning officer in accordance with this rule.

Opening of postal voters ballot boxes.

36. (1) The postal voters ballot boxes shall be opened before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts.

(2) Not less than four days before the polling day, the local returning officer shall give each candidate notice in writing of the time and place at which the said officer will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of agents each candidate may appoint to attend at the opening. The local returning officer shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which the local returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the officer’s functions.

(3) When a postal voters ballot box has been opened, the local returning officer shall extract the covering envelopes therefrom and count and note the number of envelopes so extracted and shall then open each covering envelope separately and examine the receipt.

(4) Where the receipt is found to be duly signed, the local returning officer shall place the receipt and the ballot paper envelope in separate receptacles or, if the ballot paper is not contained in a ballot paper envelope, the local returning officer shall place the receipt in the appropriate receptacle and shall place the ballot paper, without unfolding it, in a ballot box in accordance with rule 38.

(5) If the local returning officer is not satisfied that the receipt has been duly signed, he or she shall endorse the receipt “rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper.

(6) Where a receipt does not appear to accompany the ballot paper envelope, the local returning officer shall open the envelope, and if it is found to contain the receipt, shall deal with such receipt and ballot paper in accordance with this Part.

(7) Any receipt not accompanied by a ballot paper, and any ballot paper not accompanied by a receipt, shall be marked “rejected”.

(8) Where a ballot paper and receipt are received together, the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt were, or either of them was, not placed in the proper envelopes or that any such envelope was not sealed.

Rejected receipts.

37. (1) The local returning officer shall on a request being made by the agent of a candidate show to the agent any receipt which the officer is rejecting on the ground that it has not been properly signed.

(2) The local returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from other documents.

Ballot papers to be placed in ballot boxes.

38. When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding rules, the local returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in rule 36(5)) and place the ballot paper, without unfolding it, in a ballot box previously shown open and empty to the agents present and sealed with the seal of the local returning officer and the seals of such of the agents as desire to affix their seals, which box shall be subsequently dealt with in accordance with rule 75.

Duties of local returning officer in relation to documents relating to postal voters.

39. (1) The local returning officer, as soon as may be practicable after the completion of the issue of the ballot papers to postal voters and in the presence of the agents of the candidates, if any, shall make up in separate packets, sealed with the officer’s own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers: provided that where any subsequent issue of ballot papers is made, the sealed packet containing the marked copy of the postal voters list may be opened by the local returning officer for the purposes of that issue, and on completion of that issue, the list and the counterfoils of the ballot papers at that issue shall be made up and sealed in accordance with this rule.

(2) Having completed the placing of the ballot papers in the ballot box mentioned in rule 38 the local returning officer shall seal up in separate packets—

(a) the receipts which accompanied any ballot papers duly accepted;

(b) any rejected receipts, with envelopes, if any, attached; and

(c) any rejected ballot papers, with envelopes, if any, attached.

(3) Where covering envelopes are received by the local returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the local returning officer shall not open such envelopes and shall, subject to the power of readdressing such envelopes pursuant to rule 32(5), seal such envelopes up into separate packets.

(4) The local returning officer shall endorse on each packet mentioned in paragraphs (1), (2) and (3) a description of its contents, the name of the constituency and of the county or county borough for which he or she is the local returning officer and the date of the polling day at the European election to which such contents relate.

(5) The local returning officer shall forward to the Clerk of the Dáil at the same time as he or she forwards the documents mentioned in rule 93—

(a) the packets referred to in the foregoing provisions of this rule, and

(b) a statement in such form as may be directed by the Minister showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.

(6) Any envelopes returned as undelivered and any covering envelopes received by the local returning officer after the said packets have been forwarded to the Clerk of the Dáil shall not be opened and shall be forwarded to the Clerk of the Dáil.

Definition of agent.

40. In this Part “agent” includes the election agent and the local agent of a candidate and any person appointed by or on behalf of a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

PART V

Voting by Special Voters

Interpretation (Part V).

41. In this Part—

“ballot paper envelope” has the meaning specified in rule 44(c);

“covering envelope” has the meaning specified in rule 44(d);

“special presiding officer” means a person appointed to be a special presiding officer pursuant to rule 43.

Voting by special voters.

42. A European elector whose name is, at the time of a European election, entered in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at the election in accordance with the provisions of rule 45 and shall not be entitled to vote in any other manner.

Special presiding officers.

43. (1) The local returning officer shall, as circumstances may require, for the purposes of this Part appoint one, or more than one, person to be a special presiding officer to carry out the functions conferred on a special presiding officer by this Part.

(2) The provisions of this Schedule relating to the powers, rights and duties of a presiding officer appointed for a polling station at an election shall apply to a special presiding officer appointed under this rule as if that officer were a presiding officer so appointed and as if the place where the special voter is casting his or her vote were a polling station at an election.

(3) The local returning officer may perform all or any of the functions of a special presiding officer appointed under this rule and the provisions of paragraph (2) shall apply to the local returning officer while so performing.

(4) The provisions of rule 64 relating to the right of an elector to request that the elector’s ballot paper be marked by a companion shall not apply in relation to a special voter.

Ballot paper etc. for special voters.

44. As soon as practicable after the adjournment of the European election for the purpose of taking a poll the local returning officer shall cause to be delivered pursuant to rule 45 to every special voter entitled to vote at that election, the following—

(a) a ballot paper for the election;

(b) a form of declaration of identity in the form directed by the Minister;

(c) an envelope marked (and in this Part referred to as a) “ballot paper envelope”; and

(d) an envelope addressed to the local returning officer (in this Part referred to as a “covering envelope”).

Method of voting by special voters.

45. (1) At a European election, a special presiding officer shall, in the presence of a member of the Garda Síochána deliver to the special voter the form of declaration of identity referred to in rule 44.

(2) No person other than the special presiding officer and the member of the Garda Síochána shall be present when the special voter is voting pursuant to this rule.

(3) The special voter shall complete the declaration of identity and shall sign it or, if the voter is unable to write, place his or her mark thereon and the said signature, or as the case may be mark, shall be witnessed by the special presiding officer.

(4) The special presiding officer shall, on being satisfied as to the identity of the special voter, mark a ballot paper with the official mark and deliver it to the special voter together with a ballot paper envelope.

(5) The special presiding officer shall, as soon as he or she has given the ballot paper and the ballot paper envelope to the special voter, place a mark against the name of the special voter concerned on a copy of the special voters list to denote that a ballot paper has been issued to such voter but without showing the number of the ballot paper so issued.

(6) The special voter shall thereupon record in secret his or her vote upon the ballot paper and shall then fold the ballot paper so that the vote is concealed and place the ballot paper, so folded, in the ballot paper envelope and seal the envelope and hand the ballot paper envelope to the special presiding officer.

(7) On receiving the ballot paper envelope, the special presiding officer shall place it together with the completed declaration of identity in a covering envelope which the special presiding officer shall thereupon seal and to which the special presiding officer shall affix a label in the form directed by the Minister signed by the officer and the member of the Garda Síochána.

Duties of special presiding officer in relation to covering envelopes and other documents.

46. (1) The special presiding officer shall, before the time fixed for the close of the poll at the European election, deliver to the local returning officer every covering envelope referred to in rule 45(7).

(2) On the completion of voting by special voters, each special presiding officer shall seal up, in separate packets—

(a) the unused ballot papers and any spoilt ballot papers, placed together;

(b) the counterfoils of the ballot papers;

(c) the marked copy of the special voters list;

(d) a ballot paper account in such form as may be directed by the Minister completed by the special presiding officer;

(e) the marking instrument, any unused stationery and any other documents or materials in the special presiding officer’s possession which relate to voting by special voters at the election;

and shall deliver all such packets to the local returning officer.

Duties of local returning officer in relation to documents relating to special voters.

47. (1) The local returning officer shall deal with the packets delivered by a special presiding officer pursuant to rule 46 in the same manner as the local returning officer would, in accordance with the provisions of this Schedule, deal with other packets containing similar documents and materials relating to a European election.

(2) The local returning officer shall place the covering envelopes returned by a special presiding officer pursuant to rule 46, in the postal voters ballot box referred to in rule 33, and the covering envelopes and the documents therein shall thereafter be treated as if they were envelopes and documents returned to the local returning officer by postal voters and the provisions of rules 36, 37, 38 and 39 shall apply to such envelopes and documents.

(3) In the application of the provisions of this Schedule relating to postal voters to special voters—

(a) a reference to “receipt” shall, in relation to documents appropriate to special voters, be construed as a reference to “declaration of identity”, and

(b) a reference to “receipt duly signed” in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”, and

(c) if the covering envelope does not have the label referred to in rule 45 attached thereto or if such label is not duly signed by the special presiding officer and the member of the Garda Síochána, the local returning officer shall reject the covering envelope and deal with it as if it were a receipt which had not been duly signed.

PART VI

Polling on Islands

Polling on islands.

48. (1) Where a poll is to be taken at a European election in a constituency and the local returning officer is of opinion that, in the case of a polling station situate on an island, it may be impracticable owing to stress of weather or transport difficulties, either—

(a) to take the poll on the polling day appointed by the Minister, or

(b) if the poll were taken on that day, to deliver the ballot boxes to the place for the counting of the votes at or before the time fixed for the commencement of the count under section 10 ,

the local returning officer shall give public notice in the polling district stating that the poll will be taken at the polling station on the island on a specified day, being a day within the period during which the relevant elections to the Parliament are to be held in each Member State.

(2) Where paragraph (1) applies, notwithstanding anything otherwise contained in this Act, the local returning officer shall take the poll at the polling station on the island on the day specified in the notice or, where the local returning officer is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which, in the opinion of the local returning officer, transport between the island and the mainland is reasonably safe.

(3) Where a poll is to be taken in a constituency, notwithstanding anything contained in this Act, the following provisions shall have effect in relation to a polling station on an island, whether the poll at such station is taken on the polling day appointed by the Minister or otherwise—

(a) where, owing to stress of weather or transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,

(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the time fixed for the commencement of the count under section 10 , the presiding officer may then close the poll.

(4) No alteration shall be made in the form or contents of the notice of poll under rule 49 by reason of an alteration under this rule of the day and hours of poll.

PART VII

Arrangements for the Poll

Notice of the poll.

49. Where a European election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, give public notice (in this Schedule referred to as “the notice of poll”) of—

(a) the day on which and the hours during which the poll will be taken,

(b) the names and descriptions of the candidates standing nominated as entered in their nomination papers and of the proposers, if any,

(c) any replacement candidates list duly presented at the election (being such a list which is not withdrawn, deemed under rule 19(5) to have been withdrawn or ruled by the returning officer as being invalid) and the name of the registered political party or non-party candidate by whom such list was presented together with the reference assigned to the list under rule 18(7)(a) and the name and address or names and addresses of any person or persons nominated by entry thereon to be replacement candidates as entered on such list and, if there are more than one, in the same order as that in which they appear on such list, and

(d) the order in which the names of the said candidates will appear on the ballot papers.

Ballot papers.

50. (1) The ballot of a voter at a European election shall consist of a paper (in this Schedule referred to as a “ballot paper ”) in the form specified in the Fourth Schedule .

(2) Ballot papers shall be prepared in accordance with the following provisions—

(a) a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer,

(b) a ballot paper may include a photograph of each candidate and the form of the ballot paper may be adjusted accordingly,

(c) the surname of each candidate shall be printed in large capitals, the candidate’s surname and other name shall be printed in small capitals and the address and occupation, if any, of each candidate as appearing in the relevant nomination paper shall be printed in ordinary characters,

(d) the name of each candidate’s political party, if any, or, if appropriate, the expression “Non-Party” shall be printed in large capitals, and the name of each candidate’s political group, if any, shall be printed in ordinary characters,

(e) in case a replacement candidates list has been signed by an officer of such political party pursuant to rule 18(3)(a), and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to any candidate of that party shall include a reference (being a reference referred to in rule 18(7)(a)) to that list,

(f) in case a replacement candidates list has been signed by a non-party candidate pursuant to rule 18(3)(b), and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to that candidate shall include a reference (being a reference referred to in rule 18(7)(a)) to that list,

(g) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates’ names and descriptions appear shall be the same for each of the candidates,

(h) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper,

(i) apart from things permitted by the form specified in the Fourth Schedule , nothing shall appear on the ballot paper except in accordance with these provisions.

(3) The returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers and it shall be the duty of the said officer to supply as soon as practicable to every local returning officer such number of ballot papers as that officer shall reasonably require.

The official mark.

51. (1) A ballot paper shall at the time of issue be marked with an official mark (in this Schedule referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper, and the local returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that an interval of not less than 10 years shall intervene between each use of the same official mark at a European election in the constituency.

Ballot boxes.

52. Every ballot box shall be so constructed that it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the box and the aperture for the insertion of ballot papers can be sealed.

Use of Dáil and local elections ballot boxes etc.

53. Where any constituency comprises the whole or any part of any Dáil constituency or local electoral area any ballot boxes, fittings for polling stations and compartments provided for Dáil or local elections in such Dáil constituency or local electoral area may be used for any European election in such constituency; and it shall be the duty of the local returning officer at any European election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and upon taxation of the accounts of the local returning officer regard shall be had to the provisions of this rule, and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a European election shall be paid as part of the expenses of the election.

Polling information cards.

54. (1) Where a poll is to be taken at a European election in a constituency, the local returning officer shall send to every elector whose name is on the register of European electors for the county or county borough, for which he or she is the local returning officer, and is not on the postal voters list or the special voters list a card (in this rule referred to as a “polling information card”) in such form as may be directed by the Minister informing the elector of his or her number (including polling district letter) on the register of European electors and of the place at which the elector will be entitled to vote and containing a statement in relation to the specified documents referred to in rule 72.

(2) A polling information card shall be addressed to the elector at the address in respect of which the elector is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling information card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.

(4) No action or other proceedings shall lie against a local returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling information card.

Use of schools and public premises.

55. (1) The local returning officer may, for the purpose of taking the poll or the verification of ballot paper accounts at a European election, and the returning officer may, for the purpose of counting the votes at such an election use, free of charge, any school or any room in a school and any premises (other than a dwelling house) owned or occupied by a local authority.

(2) The returning officer or the local returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by the said officer at a European election.

(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll, verifying the ballot paper accounts or counting the votes at a European election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.

(4) A person having charge of a school adjoining or forming part of a church or other place of worship or a religious establishment may, within twenty-four hours after receiving notice from the returning officer or local returning officer of an intention to use such school or any part thereof at a European election, object to such use by sending a statement of such objection to the officer by whom the notice was given. Any objection made under this paragraph may, on the application of the returning officer or the local returning officer, as may be appropriate, be over-ruled by the Minister if the Minister thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this rule.

(5) In this rule “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.

Polling stations.

56. (1) At every polling place the local returning officer shall provide a sufficient number of polling stations, conveniently distributed for the accommodation of the European electors entitled to vote there. Where, by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the local returning officer may provide a polling station or polling stations at any other convenient place.

(2) The local returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users.

(3) The local returning officer shall allot the European electors to the polling stations in such manner as, in the local returning officer’s opinion, will be most convenient for them.

(4) The local returning officer shall give public notice of the location of polling stations in each polling place and the description of the European electors allotted to vote at each such place.

(5) The local returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.

(6) The local returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.

(7) The local returning officer shall provide at each polling station—

(a) such number of compartments in which the voters can mark their ballot papers screened from observation, as the local returning officer considers necessary,

(b) such furniture as the local returning officer considers necessary,

(c) a sufficient number of ballot boxes,

(d) such number of ballot papers as the local returning officer considers necessary,

(e) instruments for placing the official mark on ballot papers,

(f) copies of the register or such part thereof as contains the names of the European electors allotted to vote at the station,

(g) such materials as the local returning officer considers necessary to enable voters to mark their ballot papers,

(h) such other documents, forms, stationery and other materials as the local returning officer considers necessary,

(i) such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who are wheelchair users,

(j) such arrangements as may be provided for by regulations under section 94 (5) (j) of the Act of 1992 for the time being in force as may serve to facilitate voters with visual impairments to mark their ballot papers without assistance.

(8) The local returning officer shall keep a record of the numbers on the ballot papers provided at each polling station.

Presiding officers and poll clerks.

57. (1) The local returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a poll clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the local returning officer and where the appointment revoked is the appointment of a presiding officer, the local returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.

(2) The local returning officer shall, on request, permit a person in respect of whom the officer is satisfied that the person has a bona fide interest in the European election either as a candidate or as a prospective candidate, or the agent of such a person, to inspect the list of persons to whom the local returning officer has offered, or proposes to offer, appointments as presiding officers or poll clerks.

(3) A presiding officer shall keep order at the station, regulate the number of European electors to be admitted at a time and shall exclude all other persons except those authorised by rule 59 to be present in the station.

(4) The presiding officer may do by a clerk appointed to assist him or her any act which the presiding officer is required or authorised to do by this Schedule, except ordering the arrest, exclusion or ejection from the polling station of any person.

(5) The local returning officer or a person appointed by the local returning officer under paragraph (6) may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Schedule in like manner as if the officer or person had been appointed a presiding officer.

(6) The local returning officer may appoint a person to act as his or her representative in a polling place to carry out such duties as the local returning officer may assign to that person.

PART VIII

The Poll

Opening of the poll.

58. Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his or her charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his or her view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

Admission to polling station.

59. No person shall be admitted to a polling station other than—

(a) the returning officer, the local returning officer and any deputy of either such officer,

(b) the presiding officer and poll clerk for the station,

(c) a candidate, the election agent or the local agent of the candidate and the deputy local agent of the candidate for the polling district concerned,

(d) the personation agents duly appointed in writing for the station by or on behalf of the candidates,

(e) European electors admitted for the purpose of voting at the polling station,

(f) companions of European electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors,

(g) members of the Garda Síochána on duty,

(h) messengers sent by or on behalf of the local returning officer, and

(i) other persons authorised by the local returning officer to be present in the station.

Voting by persons in the employment of local returning officer.

60. Where a European elector for a constituency is employed by a local returning officer for any purpose in connection with a European election for that constituency, and the circumstances of that elector’s employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which that elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the constituency as may be specified in the authorisation.

Authorisation of physically ill or physically disabled elector to vote at another polling station.

61. Where, not less than 7 days before polling day at a European election, a European elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of his or her physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.

Procedure for voting.

62. (1) Subject to the provisions of section 9 (2) and (3) and rules 28, 42, 60, 61, 64, 65, 66 and 72, the presiding officer shall deliver a ballot paper to a European elector who applies therefor and declares his or her name and address.

(2) Immediately before a ballot paper is delivered to a European elector—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) the ballot paper shall be marked with the official mark,

(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.

(3) A European elector on receiving the ballot paper shall (subject to the provisions of rule 64) go alone into one of the compartments in the polling station and there shall secretly record his or her vote on the ballot paper and fold the paper so that the vote is concealed. The elector shall then return to the presiding officer’s table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. The elector shall vote without undue delay and shall leave the polling station as soon as he or she has put the ballot paper into the ballot box.

Spoilt ballot papers.

63. A voter who has inadvertently spoilt his or her ballot paper shall, on returning it to the presiding officer and satisfying the presiding officer as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “Spoilt” on the spoilt ballot paper and on the counterfoil thereof. The presiding officer shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with rule 71.

Voting by incapacitated persons.

64. (1) Where a European elector applying for a ballot paper satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated or is unable to read or write to such an extent that he or she is unable to vote without assistance, this rule shall apply.

(2) For the purposes of paragraph (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the European elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to the person’s religious belief) an affirmation in the following form:

“I swear by Almighty God (or— do solemnly, sincerely and truly declare and affirm— as the case may be) that my sight is so impaired (or— that I am so physically incapacitated or— that I am unable to read or write to such an extent— as the case may be) that I am unable to vote without assistance”;

and if the elector refuses to take the oath or make the affirmation, this rule shall not apply.

(3) Where this rule applies in the case of a European elector who satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated that he or she is unable to vote without assistance, the elector may request that the ballot paper shall be marked by a companion and, subject to paragraph (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.

(4) The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:

(i) Have you attained the age of sixteen years?

(ii) Have you marked as a companion more than one ballot paper at this election?

(iii) Are you a candidate at this election?

(iv) Are you an agent of a candidate at this election?

and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.

(5) Where this rule applies and—

(a) the European elector is unable to read or write, or

(b) the European elector does not request that the ballot paper shall be marked by a companion, or

(c) the European elector having so requested, the marking of the ballot paper by the companion would be in contravention of paragraph (4),

the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.

(6) A request made by a European elector within two hours before the hour fixed by the Minister for the close of the poll to have the ballot paper marked for the elector under this rule otherwise than by a companion may be refused by the presiding officer if, in the presiding officer’s opinion, having regard to the number of European electors then coming in to vote or likely to come in to vote before the close of the poll, acceding to such request would interfere with the proper discharge of the presiding officer’s duties or would unduly obstruct the voting of other European electors.

(7) Where a ballot paper is to be marked pursuant to paragraph (5) the presiding officer may assist the European elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but the presiding officer shall not act on any written instruction.

(8) Where, pursuant to this rule, a person has marked as a companion two ballot papers at a European election, that person shall not, at that election, mark as a companion any other ballot paper.

(9) A person shall not mark as a companion a ballot paper at a European election if that person has not reached the age of 16 years or is a candidate or an agent of a candidate at that election.

Alleged personation.

65. (1) Where, at a European election, a ballot paper has been issued to a person representing himself or herself to be a particular European elector named on the register of European electors and another person representing himself or herself to be that European elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under rule 72 and answers such of the questions as may be put to the person or takes the oath or makes the affirmation under the said rule, subject to rule 72, that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other European elector.

(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this rule and the name and number (including polling district letter) on the register of European electors of each of the persons to whom such papers were issued.

Arrest of person committing certain offences.

66. (1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation or an offence under rule 102 the presiding officer may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation or an offence under the said rule 102, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.

(2) If at the time a person applies for a ballot paper at a European election, or after the person has applied for a ballot paper and before that person has left the polling station, a personation agent declares to the presiding officer that the agent believes and undertakes in writing to prove that the applicant has committed personation or an offence under rule 102, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation or an offence under the said rule 102, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.

(3) Any member of the Garda Síochána may, without any warrant, arrest any person who, the said member has reasonable cause to believe, is committing, or has committed, personation or an offence under rule 102.

(4) Any arrest authorised by this rule may be made at any place whether in a polling station or out of such a station.

(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on the officer’s direction, without malice, of any person on a charge of having committed personation or an offence under rule 102.

Maintenance of order in polling station.

67. (1) If any person misconducts himself or herself at a polling station or fails to obey the lawful orders of the presiding officer for that station, that person may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove the first-mentioned person. A person so removed shall not re-enter the polling station without the permission of the presiding officer.

(2) The presiding officer shall, as far as practicable, ensure that all material which advocates or opposes the candidature of a particular person or persons or of members of a political party is removed from the polling station.

(3) For the purpose of this rule a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.

Obstruction of the poll.

68. (1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.

(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.

(3) Where a poll is adjourned under this rule the presiding officer shall forthwith give notice of such adjournment to the local returning officer who shall forthwith inform the returning officer. The returning officer shall not commence to count the votes in the constituency until the adjourned poll has been completed.

(4) This rule shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.

Damage to polling stations.

69. Subject to rules 21, 27, 48, 68 and 70 where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 10 the following provisions shall have effect:

(a) the local returning officer shall—

(i) forthwith give public notice to that effect,

(ii) inform the Minister and the returning officer, and

(iii) take all such steps and give all such directions as the local returning officer thinks proper for the holding or completion of the poll at such polling station,

(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the local returning officer,

(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and

(d) the returning officer shall not commence to count the votes in the constituency until the fresh poll or the continued poll has been completed.

Destruction etc. of ballot boxes or ballot papers.

70. If at a European election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer, a local returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:

(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,

(b) the returning officer shall forthwith inform the Minister and the Clerk of the Dáil of the polling having so become void,

(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as the Minister thinks proper for the taking of a fresh poll at every such polling station,

(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,

(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,

(f) the returning officer shall not commence to count the votes in the constituency until the fresh poll has been completed.

Duties of presiding officer at close of poll.

71. (1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further European electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his or her charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets—

(a) the unused and spoilt ballot papers, placed together,

(b) the marked copies of the register of European electors,

(c) the counterfoils of the ballot papers,

(d) a ballot paper account in such form as may be directed by the Minister made out by the presiding officer and a statement prepared in accordance with rule 65(2),

(e) any authorisations given by the local returning officer under rule 60 or 61 authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation, or an offence under rule 102, and

(f) the marking instruments, unused stationery and other documents and materials relating to the European election,

and shall deliver all such ballot boxes and packets to the local returning officer.

(3) The local returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this rule and of all documents connected with the poll.

Right to vote.

72. (1) For the purposes of section 8 —

(a) a person’s name shall be taken to be on a register of European electors if the register includes a name which in the opinion of the local returning officer or presiding officer was intended to be the person’s name;

(b) (i) the local returning officer or the presiding officer may of the officer’s own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the local returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;

(ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under section 111(2) of the Act of 1992 and in force for the time being;

(c) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when that person applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:

(i) Are you the same person as the person whose name appears as AB on the register of European electors now in force for the constituency of ....?

(ii) Have you already voted at this election?

(iii) Had you reached the age of eighteen years on …. (date of coming into force of register)?

(iv) Are you either or both of the following:

(A) a citizen of Ireland,

(B) a national of a Member State of the European Communities other than Ireland?

and unless such of those questions as are put to the person are answered, in the case of the first, third and fourth of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;

(d) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when that person applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to that person’s religious belief) an affirmation in the following form:

“I swear by Almighty God (or— do solemnly, sincerely and truly declare and affirm— as the case may be) that I am the same person as the person whose name appears as AB on the register of European electors now in force for the constituency of …. and that I have not already voted at this election, and that I had attained the age of eighteen years on …. (date of coming into force of the register) and that I am a citizen of Ireland (or— a national of a Member State of the European Communities other than Ireland— or— both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland— as the case may be)”;

and if such person refuses to take the oath or make the affirmation the person shall not be permitted to vote.

(2) Save as is provided by this rule and rule 64, no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a European election as to the right of any person to vote, and no objection thereto shall be made or received by any local returning officer or presiding officer.

(3) Nothing in this rule shall be construed as entitling any person to vote who is not entitled to do so, or as relieving such person from any penalties to which that person may be liable for voting.

PART IX

Verification of Ballot Paper Accounts

Time and place for verification of ballot paper accounts.

73. (1) The local returning officer for a county or county borough shall appoint a time which shall not be later than 9 a.m. on the day next following the polling day, at which the officer will open the ballot boxes and verify the ballot paper accounts in accordance with this Part.

(2) The local returning officer shall appoint a place within or convenient to the county or county borough for which he or she is the local returning officer at which the said officer will open the ballot boxes pursuant to rule 75 and shall, at the place so appointed, provide suitable accommodation and all necessary furniture and equipment for the verification of ballot paper accounts under this Part and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the European election. The local returning officer shall, where practicable, ensure that the appointed place is accessible to wheelchair users.

Attendance at verification of ballot paper accounts.

74. (1) Not less than 4 days before the polling day, the local returning officer shall give each candidate notice in writing of the day, time and place at which the officer will open the ballot boxes pursuant to rule 75 and of the number of agents each candidate may appoint to be present at the opening.

(2) The local returning officer, the assistants and clerks of the local returning officer, members of the Garda Síochána on duty and the agents of the candidates duly appointed for this purpose and no other person, except with the permission of the local returning officer, may be present at the proceedings referred to in this Part.

(3) The local returning officer shall give the agents of the candidates such reasonable facilities for overseeing the proceedings at the opening of the boxes and the verification of the ballot paper accounts and all information with respect thereto which the officer can give them consistent with the orderly conduct of the proceedings and the performance of his or her functions.

Verification of ballot paper accounts.

75. (1) At the time appointed under rule 73 the local returning officer shall—

(a) open each ballot box and count the number of ballot papers found therein and compare the total number of papers ascertained with the number shown in the appropriate ballot paper account,

(b) prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer,

(c) open the ballot box in which the postal and special voters ballot papers were placed pursuant to rule 38 and count and record the number of such ballot papers,

(d) make up in separate packets the ballot papers found in each ballot box (including postal voters ballot papers), endorse on each such packet the number of ballot papers contained therein and particulars of the polling station to which they relate (or, where appropriate, that they are postal and special voters ballot papers) and place the packets in boxes which the local returning officer shall seal and on each of which the said officer shall endorse the number of packets contained therein and the name of the county or county borough for which he or she is the local returning officer, and

(e) forthwith deliver to the returning officer for the constituency all such boxes together with—

(i) the statement referred to in subparagraph (b), and

(ii) a statement of the number of postal and special voters ballot papers recorded under subparagraph (c).

(2) The local returning officer, while counting and recording the number of ballot papers pursuant to this rule, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.

Handling of ballot papers by candidates or agents.

76. Candidates or agents shall not handle ballot papers during the verification of the ballot paper accounts or the counting of the votes.

PART X

Arrangements for the Counting of the Votes

Place for the counting of the votes.

77. The returning officer for a constituency shall appoint a place within or convenient to the constituency as the place at which the officer will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with Part XI and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the European election. The returning officer shall ensure that the place appointed under this rule at which he or she will count the votes is accessible to wheelchair users.

Attendance at the counting of the votes.

78. (1) Not less than 4 days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he or she will proceed to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.

(2) The returning officer, the assistants and clerks of the returning officer, members of the Garda Síochána on duty, the agents of the candidates duly appointed for the purpose under this Schedule may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.

(3) The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (including, in particular, facilities for satisfying themselves that the ballot papers have been correctly sorted) and all such information with respect thereto as the returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the functions of the returning officer.

Preliminary proceedings.

79. (1) On the day and commencing at the time appointed by the Minister under section 10 and at the place appointed under rule 77, the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and the packets contained therein and extract the ballot papers therefrom.

(2) The returning officer shall mix together the whole of the ballot papers and shall proceed to count the votes in accordance with this Schedule.

Time for the counting of the votes.

80. The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, except during the time for necessary rest and refreshment.

Conduct of the counting of the votes.

81. (1) The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with Part XI , ascertain and record the number of votes given to each candidate.

(2) The returning officer, while counting the ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.

PART XI

Rules for the Counting of the Votes

Interpretation (Part XI).

82. (1) In this Part—

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means—

(a) all the operations involved in the counting of the first preferences recorded for candidates;

(b) all the operations involved in the transfer of the surplus of a candidate deemed to be elected;

(c) all the operations involved in the transfer of the votes of an excluded candidate; or

(d) all the operations involved in the transfer of the votes of two or more candidates excluded together;

“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

“determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn, and, in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest;

“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever—

(a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference; or

(b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or

(c) it is void for uncertainty;

“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be interpreted as follows—

(a) “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference;

“second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;

“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference and so on;

(b) “next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being disregarded;

“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(2) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate; or

(c) on which the figure 1 standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate; or

(d) on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector;

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(3) The returning officer shall endorse “rejected” on any ballot paper which under this rule is not to be counted. The returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected under each of the subparagraphs (a), (b), (c) and (d) of paragraph (2) and shall, on request, allow any candidate or agent of a candidate to copy such statement.

(4) The returning officer may endorse on any ballot paper which the officer does not reject as invalid an indication of the officer’s decision on it without, however, interfering with any mark placed by the elector on the ballot paper.

First count.

83. (1) After the ballot papers have been mixed in accordance with rule 79, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and the returning officer shall ascertain the number of all valid papers.

The quota.

84. (1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of representatives to be elected; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Schedule as “the quota”.

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

Transfer of surplus.

85. (1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to the provisions of this rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(4) In either of the cases referred to in paragraphs (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

(5)Where—

(a) the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference,

(b) the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in paragraph (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being, for the purposes of rule 92(3), described as non-transferable papers not effective,

and the non-transferable papers or the remaining non-transferable papers, as the case may be, also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(6) Where the surplus is less than the total number of transferable papers the following provisions shall apply:

(a) the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers,

(b) the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers,

(c) a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with subparagraph (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded,

(d) where two or more fractions are of equal magnitude, and it is not possible for the purposes of subparagraph (c) to reckon all of the said fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8) The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or

(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.

(9) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to paragraph (8), be transferred in the order of their descending magnitude.

(10) Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus shall be first dealt with.

(11) Subject to paragraphs (8) and (9), where two or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.

Exclusion of candidate.

86. (1) If at any time no candidate has a surplus (or when under rule 85 an existing surplus is not transferred) and one or more vacancies remain unfilled, the returning officer shall—

(a) exclude the candidate credited with the lowest number of votes and examine all the papers of that candidate;

(b) arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates and transfer each sub-parcel to the candidate for whom the preference is recorded;

(c) make a separate sub-parcel of the non-transferable papers and set them aside as finally dealt with, such papers being, for the purposes of rule 92(3), described as non-transferable papers not effective.

(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—

(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with paragraph (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.

(3) If, when a candidate has to be excluded under this rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

Transfer of votes.

87. (1) Where a transfer of votes is made under rule 85 or 86, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to the said candidate.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of rule 85 before any other candidate is excluded.

Filling of last vacancies.

88. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this rule no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of rule 9(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.

Recount.

89. (1) Any candidate or the election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.

(2) The returning officer may at his or her discretion recount papers either once or more often in any case in which the officer is not satisfied as to the accuracy of any count. The power under this paragraph of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3) (a) One request (and not more) may be made by each candidate or the election agent of the candidate for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly.

(b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.

(c) Nothing in this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(d) Nothing in this paragraph shall make it obligatory on the returning officer to comply with a request by a candidate or the election agent of a candidate which, in the opinion of the returning officer, is frivolous or vexatious.

(e) A request under this paragraph may be made only at the conclusion of a count.

(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him or her.

(5) Where a request made under paragraph (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or to proceed further with the re-examination and recount.

Declaration of result of the poll.

90. On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.

Decision of returning officer.

91. The decision of the returning officer, whether expressed or implied by his or her acts, on any question which arises in relation to the exclusion of any candidate under rule 86 or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the European election.

PART XII

Result of Election, Disposal of Documents etc.

Return of persons elected.

92. (1) The returning officer for a constituency shall make a return to the Clerk of the Dáil of the candidates elected in the constituency to be representatives in the Parliament.

(2) The return shall be made by a certificate in the form directed by the Minister of the names and descriptions of such candidates signed by the returning officer, as soon as possible after the result of the poll has been declared in accordance with rule 90 or, where there is no poll, when such persons have been declared elected in accordance with rule 23(1)(b).

(3) The returning officer shall give public notice of the names and descriptions of the candidates elected and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and the total number of votes credited to each candidate at the end of the count at which such transfer took place. The returning officer shall send a copy of the said notice to the Minister, the Clerk of the Dáil and each person elected. The returning officer shall also send to the Minister a copy of each replacement candidates list of which public notice was given pursuant to rule 49.

Retention and disposal of documents.

93. (1) On the completion of the counting of the votes the returning officer shall place in separate sealed packets—

(a) the counted ballot papers,

(b) the ballot papers rejected at the counting of the votes,

(c) the statements prepared in accordance with rule 75(1), and

(d) the candidates’ nomination papers, whether valid or invalid, any certificates of political affiliation or of European political affiliation, any replacement candidates lists, whether valid or invalid (other than those delivered to the Clerk of the Dáil pursuant to rule 19(7)) and any declarations or attestations delivered to the returning officer pursuant to rules 6 and 19(2),

and shall mark on each packet particulars of its contents, the date of the polling day at the European election and the constituency to which they relate and shall as soon as practicable forward the said packets to the Clerk of the Dáil.

(2) On the expiry of the seventh day after the results of the election have been declared the returning officer shall place in a sealed packet any statutory declarations transmitted to the returning officer in accordance with rule 7(2) and shall mark on the packet particulars of its contents, the date of the polling day at the European election and the constituency to which it relates, and shall as soon as practicable send the packet to the Clerk of the Dáil.

(3) The local returning officer shall place in separate sealed packets—

(a) the unused and spoilt ballot papers,

(b) the ballot paper accounts,

(c) the counterfoils of ballot papers issued at polling stations,

(d) the marked copies of the register of European electors, and

(e) any authorisations to electors to vote at other polling stations,

and shall mark on each packet particulars of its contents, the date of the polling day at the European election and the constituency and county or county borough to which they relate and shall as soon as practicable forward to the Clerk of the Dáil the said packets and the packets sealed up in accordance with rules 39 and 46(2).

(4) The documents referred to in this rule including those referred to in rules 39 and 46 shall be retained by the Clerk of the Dáil for 6 months from the date of the poll at the election. At the expiration of the said period the Clerk of the Dáil shall, unless otherwise directed by an order of the High Court, or the Clerk of the Dáil has reason to believe that the documents may be required for a purpose referred to in section 20 (3), cause the documents to be destroyed.

Return by Clerk of Dáil.

94. The Clerk of the Dáil shall, as soon as may be after receipt of the return referred to in rule 92 from each returning officer, make a return, in the form directed by the Minister, to the Parliament of the persons elected in the State to be representatives in the Parliament.

Absence, incapacity or vacancy in office of Clerk of Dáil.

95. If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of Clerk of the Dáil, the functions conferred on the said Clerk by this Part shall be performed by the Clerk-Assistant of the Dáil.

PART XIII

Casual Vacancies

Filling of vacancy from replacement candidates list.

96. (1) Where a casual vacancy occurs amongst the persons who by virtue of this Act are representatives in the Parliament and the relevant representative elected under this Act at the last preceding European election was at that election a candidate of a registered political party which, or a non-party candidate who, as regards that election, presented a replacement candidates list, being a list of which public notice was given pursuant to rule 49, the Clerk of the Dáil, shall, as soon as may be after the casual vacancy occurs, by letter request the person (if any) whose name stands first or, as may be appropriate, alone on that list to make and deliver to the said Clerk, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may direct, that—

(a) the person is the person whose name stands (whether alone or otherwise) on the list,

(b) the person is eligible and willing to assume the office of representative in the Parliament, and

(c) in case the relevant representative so elected was at such election a candidate of a registered political party, the person is a member of the registered political party concerned.

(2) If the person of whom a request was made under paragraph (1) fails or refuses to comply with the request, the Clerk of the Dáil, shall, as soon as may be after the refusal or failure concerned, by letter request the person (if any) whose name stands next on the relevant list to make and deliver to the said Clerk a statutory declaration in accordance with the said paragraph (1) and if such person fails or refuses to comply with the request, the Clerk of the Dáil shall, as soon as may be after the refusal or failure concerned, make such a request by letter, in turn, of each of the other persons (if any) whose names appear on the relevant list, in the order in which they so appear, until—

(a) one such person complies with the request, or

(b) the list is exhausted,

whichever is the sooner.

(3) Where, pursuant to a request under paragraph (1), the Clerk of the Dáil receives a statutory declaration in compliance with the said paragraph, the Clerk shall, as soon as may be, cause a statement of the declarant's name and address together with a copy of the statutory declaration to be—

(a) laid before each House of the Oireachtas,

(b) published in Iris Oifigiúil,

(c) delivered to—

(i) each person on the relevant replacement candidates list, and

(ii) in case the list was presented by a registered political party, that party.

(4) Where a statement of the declarant’s name and address and a copy of the statutory declaration are laid, published and delivered in accordance with paragraph (3) the person named therein shall, upon the expiration of the period of 7 days beginning on the day on which the statement and copy of the statutory declaration are so published in Iris Oifigiúil, be regarded as having been elected under this Act to the Parliament.

Dáil to select person in certain cases.

97. (1) In case—

(a) the relevant representative elected under this Act at the last preceding European election was not a candidate described in rule 96(1),

(b) the persons of whom a request was made under the said rule fail or refuse to comply with the request, or

(c) the relevant replacement candidates list is exhausted,

the Clerk of the Dáil shall cause a statement to the effect set out in subparagraph (a), (b) or (c), as may be appropriate, to be laid before each House of the Oireachtas, and the Dáil may select a person whose name is on any replacement candidates list in respect of the constituency concerned, being a list of which public notice was given pursuant to the said rule 49 or, as may be appropriate, the sole such list presented at the last preceding European election in respect of the constituency and, in case the Dáil makes a selection under this rule, it shall by resolution specify the person so selected.

(2) Where, pursuant to paragraph (1) a resolution is passed by the Dáil, the person specified in the resolution shall thereupon be regarded as having been so elected under this Act to the Parliament.

Notification to Parliament of person regarded as having been elected.

98. As soon as may be after a person is, by virtue of this Part, regarded as having been elected under this Act to the Parliament, the Clerk of the Dáil shall notify the Parliament of the name and address of the person together with the date on which the person’s election took effect.

Term of office of person regarded as having been elected.

99. Where, pursuant to rule 96 or 97 a person is regarded as having been elected under this Act to the Parliament the person shall, unless he or she sooner dies, resigns, becomes disqualified for election under this Act to the Parliament, is removed from office or otherwise ceases to be a representative in the Parliament, hold office as such a representative for the residue of the term for which the representative whom the person replaces would have held office had the representative not ceased to hold office.

Certain person not to be regarded as having been elected.

100. A person shall not be regarded as having been elected to the Parliament pursuant to this Part if the person is, for the time being—

(a) a representative in the Parliament,

(b) not eligible for election under this Act to the Parliament,