Seanad Electoral (University Members) (Amendment) Act 2024

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Procedure in relation to replacement candidates list

37. The Act of 1937 is amended by the insertion of the following sections after section 18:

“Receipt of replacement candidates list by returning officer

18A. (1) Where a candidate wishes to nominate one or more replacement candidates he or she, or his or her proposer, shall deliver a replacement candidates list to the returning officer with the nomination paper.

(2) Where the returning officer receives a replacement candidates list in accordance with subsection (1) 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letter or letters is or are so assigned, the replacement candidates list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled invalid by the returning officer) be referred to on any ballot paper, notice or other document by reference to such letter or letters.

(3) An assignment by the returning officer under subsection (2) shall not form a ground on which an election in the Higher Education constituency of Seanad Éireann may be questioned.

(4) Where the returning officer is of the opinion that a replacement candidates list delivered in accordance with subsection (1) does not comply with section 16F or any regulations made thereunder the returning officer shall rule it invalid.

(5) A ruling under subsection (4) shall be final.

(6) As soon as may be after the receipt by the returning officer at an election in the Higher Education constituency of a replacement candidates list that he or she does not rule invalid, the returning officer shall—

(a) give public notice in such manner as he or she shall think proper of the list and the names and addresses of the replacement candidates nominated by entry thereon and the order in which they appear on the list,

(b) give, by post or otherwise, notice in writing of such receipt to the candidate who signed the list and to each replacement candidate nominated by entry thereon.

(7) A notice given to a replacement candidate pursuant to subsection (6) shall refer to the relevant replacement candidates list and contain the names of the replacement candidates nominated by entry in the order in which they appear thereon.

(8) As soon as may be after the expiry of the time specified in section 19 during which a candidate may withdraw his or her candidature the returning officer shall—

(a) examine the replacement candidates list,

(b) where the number of replacement candidates included in any such list exceeds the maximum number permitted by section 16E(3), 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, and

(c) where the returning officer deletes a name from a replacement candidates list, as soon as may be thereafter, give, by post or otherwise, to the person whose name has been deleted and to the candidate who signed the list notice in writing of the deletion and of the reason therefor.

(9) Nothing done by the returning officer in exercise of the power conferred by subsection (8) shall form a ground on which an election in the Higher Education constituency may be questioned.

Withdrawal of replacement candidates list

18B. (1) A candidate who has delivered a replacement candidates list may, before four o’clock in the afternoon on the last day for receiving nominations but not later, withdraw the list by delivering a notice to that effect, signed by him or her, to the returning officer.

(2) A notice referred to in subsection (1) may be delivered to the returning officer by being given to him or her by the candidate by whom the list was signed under section 16F(2) or by his or her proposer.

(3) The returning officer shall, immediately upon receipt of a notice referred to in subsection (1), give public notice in such manner as he or she shall think proper of the withdrawal of the replacement candidates list.

(4) Where a person’s candidature is withdrawn pursuant to section 19 or deemed to have been withdrawn pursuant to section 16C(2) any replacement candidates list signed by him or her shall be deemed to have been withdrawn.

Notice of Poll

18C. Where an election in the Higher Education constituency is adjourned in accordance with section 18(6) for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, give public notice (in this Act referred to as the ‘notice of the poll’) of—

(a) the day and hour appointed under section 12(1)(c) for the close of the poll,

(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 delivered under section 18A which is not withdrawn, deemed under section 18B(4) to have been withdrawn or ruled invalid by the returning officer, and the name of the candidate by whom, or by whose proposer, such list was delivered, together with the reference assigned to the list under section 18A(2) and the name and address or names and addresses of any person or persons nominated by entry thereon to be replacement candidates as entered in such list and, if there is 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 candidates will appear on the ballot papers.

Clerk of Seanad Éireann to hold replacement candidates lists

18D. (1) As soon as may be after the notice of the poll is published pursuant to section 18C, the returning officer shall deliver to the Clerk of Seanad Éireann the replacement candidates lists duly delivered by candidates in the election in the Higher Education constituency (being lists of which public notice was given pursuant to the said section 18C).

(2) The Clerk of Seanad Éireann shall retain possession of each replacement candidates list delivered to him or her pursuant to subsection (1) and each such list shall, unless the contrary is shown, be evidence of the matters stated therein.”.