Seanad Electoral (University Members) (Amendment) Act 2024

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PART 4

Amendments to Act of 1937 Relating to Conduct of Bye-Elections in the Interim Period

Bye-elections in respect of university members during interim period

30. The Act of 1937 is amended by the insertion of the following Part after Part IV:

“PART V

BYE-ELECTIONS DURING INTERIM PERIOD

Interpretation - Part V

34. In this Part, ‘interim period’ means the period beginning on the 21st day of March 2025 and ending on the date of the first dissolution of the Dáil after that date.

Constituencies and electors for bye-elections during interim period

35. (1) At every Seanad bye-election directed, under section 13, to be held in the interim period—

(a) the National University of Ireland shall be a constituency (in this Part referred to as the ‘National University bye-election constituency’) for the election of three members of Seanad Éireann, and

(b) the University of Dublin shall be a constituency (in this Part referred to as the ‘Dublin University bye-election constituency’) for the election of three members of Seanad Éireann, and

(c) every person who is for the time being registered as an elector in the register of electors for the National University bye-election constituency shall be entitled to vote in that constituency, and

(d) every person who is for the time being registered as an elector in the register of electors for the Dublin University bye-election constituency shall be entitled to vote in that constituency.

(2) No person shall be entitled to vote at a bye-election in a university bye-election constituency unless he or she is registered as an elector in the register of electors for that constituency.

(3) Nothing in this section shall entitle any person to vote at an election in a university bye-election constituency while he or she is prohibited by law from so voting, nor shall anything in this section relieve any person from any penalties to which he or she may be liable for so voting.

(4) The National University bye-election constituency and the Dublin University bye-election constituency are in this Part referred to as university bye-election constituencies and the ‘university bye-election constituency’ shall be construed accordingly.

Franchise for bye-elections during interim period

36. (1) A person shall be entitled to be registered as an elector in the register of electors for the National University bye-election constituency if, on the date on which the Minister makes a Seanad bye-election order under section 13 in respect of a bye-election directed under that section to be held during the interim period, he or she—

(a) is registered in the register of electors under section 9 of the Seanad Electoral (University Members) (Amendment) Act 2024, and

(b) has received a degree (other than an honorary degree) in, or been awarded a degree (other than an honorary degree) by, the National University of Ireland.

(2) A person shall be entitled to be registered as an elector in the register of electors for the Dublin University bye-election constituency if, on the date on which the Minister makes a Seanad bye-election order under section 13 in respect of a bye-election directed under that section to be held in the interim period, he or she—

(a) is registered in the register of electors under section 9 of the Seanad Electoral (University Members) (Amendment) Act 2024, and

(b) has received a degree (other than an honorary degree) in, or been awarded a degree (other than an honorary degree) by, the University of Dublin.

Application of Act to bye-elections during interim period

37. Where a vacancy referred to in section 13(1) occurs in the membership of Seanad Éireann during the interim period this Act shall apply to the bye election directed, under section 13, to be held to fill such vacancy subject to the following modifications:

(a) where the vacancy relates to the National University bye-election constituency, then notwithstanding section 9—

(i) the governing body of the National University of Ireland shall cause a register to be prepared of the persons who are for the time being entitled to be registered as electors in the National University bye-election constituency,

(ii) the register so prepared shall, on the day of the Seanad bye election order directing the election, become and be the register of electors for the National University bye-election constituency for the purposes of this Act;

(b) where the vacancy relates to the Dublin University bye-election constituency, then notwithstanding section 9—

(i) the governing body of the University of Dublin shall cause a register to be prepared of the persons who are for the time being entitled to be registered as electors in the Dublin University bye-election constituency,

(ii) the register so prepared shall, on the day of the Seanad bye election order directing the election, become and be the register of electors for the Dublin University bye-election constituency for the purposes of this Act;

(c) in section 13(1), the words ‘direct a bye-election to be held in such constituency’ shall be read as—

‘direct a bye-election to be held—

(a) in the case of a vacancy relating to the National University constituency or the National University bye election constituency, in the National University bye election constituency, and

(b) in the case of a vacancy relating to the Dublin University constituency or the Dublin University bye election constituency, in the Dublin University bye election constituency,’;

(d) in section 8 (other than subsection (3) and (4)), sections 9 to 11, sections 14 to 17, sections 20 to 28A, and in the First Schedule, the words ‘university constituency’ shall be read as ‘university bye election constituency’;

(e) in sections 9, 12, 15(2), 25, 26, 31, the words ‘university constituencies’ shall be read as ‘university bye-election constituencies’;

(f) in sections 29, 29A and 32, the words ‘a university constituency’ shall be read as ‘a university constituency or a university bye election constituency’.

Data sharing for purpose of bye-elections during interim period

38. The governing body of the National University of Ireland and the governing body of the University of Dublin may each request information from the chief registration officer for the purposes of preparing a register referred to in paragraph (a) or (b) of section 37 and the chief registration officer shall comply with any such request;”.