Electoral Act, 1997

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Appointment of presidential election agent.

50.—(1) (a) Before incurring any election expenses at a presidential election each candidate at the presidential election shall appoint an agent (in this Part referred to as a “presidential election agent”) for the purposes of this Part and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the said agent and the address of the office of the agent to the presidential returning officer.

(b) A candidate may appoint himself or herself as presidential election agent and, on so doing or on being deemed under this section to have so done, shall, so far as circumstances permit, be subject to the provisions of this Part both as a candidate and as an agent and, except where the context otherwise requires, any reference in this Part to a presidential election agent shall be construed as including a reference to the candidate acting as presidential election agent.

(2) Where a candidate has not, at the time referred to in subsection (1) (a), notified the presidential returning officer of the name of the presidential election agent appointed by the candidate and the address of the agent's office, the candidate shall be deemed to have appointed himself or herself as presidential election agent and to have revoked the appointment of any other person as such agent.

(3) A candidate may at any time revoke the appointment of a presidential election agent appointed or deemed to have been appointed by the candidate under this section.

(4) (a) If, before the presidential election donation statement and the statement of election expenses have been furnished to the Public Offices Commission in accordance with sections 48 and 56 , respectively, the appointment of a presidential election agent is revoked or the person appointed as such agent dies, resigns or is otherwise unable to act, the candidate shall forthwith appoint another presidential election agent and shall notify in writing the name of the person so appointed and the address of the person's office to the presidential returning officer.

(b) (i) Where a candidate at a presidential election who has appointed himself or herself as election agent dies before a statement of election expenses has been furnished by him or her in accordance with section 56 , the personal representative of the candidate may appoint another election agent in respect of the candidate.

(ii) The personal representative of a candidate at a presidential election referred to in subparagraph (i) may appoint himself or herself as election agent in respect of that candidate.

(c) The provisions of this section shall apply to a presidential election agent appointed under this subsection.

(5) The presidential returning officer shall as soon as may be notify the Public Offices Commission in writing and give public notice of the name and the address of the office of every presidential election agent appointed or deemed to have been appointed under this section.

(6) A presidential election agent appointed or deemed to have been appointed under this section shall have an office or place in the State to which claims, notices, writs, summonses and other documents relating to the presidential election may be sent.

(7) Any claim, notice, writ, summons or other document delivered to the office or place of a presidential election agent and addressed to the agent shall be deemed to have been served on the agent and the presidential election agent may, in respect of any matter connected with the presidential election, be sued in any court having competent jurisdiction at the place where the said office is situated.

(8) (a) Subsections (1) (a) and (2) (a) of section 33 of the Act of 1993 are hereby repealed and every reference to an election agent in the said Act shall be construed as a reference to a presidential election agent appointed under this section.

(b) The following subsection is hereby substituted for subsection (4) of section 33 of the Act of 1993—

“(4) The person by whom an agent is appointed under this section shall immediately after the appointment give written notice of the appointment and the name and address of the agent to the local returning officer for the constituency concerned.”.

(9) The provisions of this section, insofar as they apply to a presidential election held before the first day of January, 1998, shall have effect in relation to that election as if in subsection (1)(a) “On or before the last day for receiving nominations” was substituted for “Before incurring any election expenses” and “said” was inserted after “not later than the”.