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Electoral (Amendment) Act, 2001

Amendment of section 122 of Principal Act.

30.—Section 122(2) of the Principal Act is amended by—

(a) the insertion after “one quarter of the quota” in paragraph (a) of “or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected”,

and

(b) the substitution of the following paragraph for paragraph (b):

“(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, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected, it is clear that the exclusion of the candidates separately in accordance with subsection (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected, being credited to any such candidate.”.