Electoral (Amendment) (No. 2) Act, 1927

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No. 33 of 1927.

ELECTORAL (AMENDMENT) (No. 2) ACT, 1927.

ARRANGEMENT OF SECTIONS

SCHEDULE.

No. 33 of 1927.

ELECTORAL (AMENDMENT) (No. 2) ACT, 1927.

AN ACT TO REQUIRE CANDIDATES FOR ELECTION TO DÁIL EIREANN OR SEANAD EIREANN TO MAKE BEFORE NOMINATION A DECLARATION ON OATH OF INTENTION TO TAKE THEIR SEATS THEREIN AND TO TAKE THE OATH REQUIRED BY ARTICLE 17 OF THE CONSTITUTION TO BE TAKEN BY MEMBERS OF THE OIREACHTAS AND TO PRESCRIBE A TIME WITHIN WHICH MEMBERS OF THE OIREACHTAS SHALL TAKE THE SAID OATH AFTER ELECTION AND TO MAKE PROVISION FOR THE FAILURE OF A MEMBER OF THE OIREACHTAS SO TO TAKE SUCH OATH. [9th November, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Interpretation.

1.—In this Act—

the expression “commissioner for oaths” means in relation to an affidavit sworn outside Saorstát Eireann a person who is authorised by the law of the place in which such affidavit is sworn to administer oaths in that place;

the expression “the oath” means the oath required by Article 17 of the Constitution to be taken and subscribed by every member of the Oireachtas before taking his seat therein;

references to taking the oath shall be construed as referring to taking the said oath in the manner prescribed by the said Article 17; and

references to election include in the case of Seanad Eireann the choosing pursuant to Article 34 of the Constitution of a person to fill the place of a member of Seanad Eireann who has died, resigned, or become disqualified.

Affidavit to be made by candidates at Dáil elections.

2.—(1) Every candidate for election to Dáil Eireann shall, in the manner and within the time prescribed by this section, deliver to the returning officer of the constituency for which he is a candidate an affidavit in the form set out in the Schedule to this Act duly sworn by him in accordance with this section, and no nomination of any such candidate shall be valid or complete unless or until he has so delivered such affidavit to such returning officer.

(2) The affidavit required by this section to be delivered by a candidate to the returning officer shall be sworn by such candidate in the presence of a commissioner for oaths or a peace commissioner to whom he is personally known and shall be delivered to the returning officer by such candidate himself or his proposer or seconder on his behalf, in the case of a general election, at any time after the date of the proclamation declaring the calling of the Oireachtas or, in the case of a bye-election, at any time after the receipt of the writ by the returning officer, and, in any case, before the expiration of the time appointed for receiving nominations.

Affidavit to be made by candidates at Seanad elections.

3.—(1) No person shall be nominated by Dáil Eireann for inclusion in a panel of candidates for a triennial election to Seanad Eireann unless, within such period prior to such nomination and in such manner as shall be prescribed by Dáil Eireann, such person or a member of Dáil Eireann who has taken his seat therein has delivered to the Clerk of the Dáil an affidavit in the form set out in the Schedule to this Act duly sworn by such person in the presence of a commissioner for oaths or a peace commissioner to whom he is personally known.

(2) No person shall be nominated by Seanad Eireann for inclusion in a panel of candidates for a triennial election to Seanad Eireann unless, within such period prior to such nomination and in such manner as shall be prescribed by Seanad Eireann, such person or a member of Seanad Eireann who has taken his seat therein has delivered to the Clerk of the Seanad an affidavit in the form set out in the Schedule to this Act duly sworn by such person in the presence of a commissioner for oaths or a peace commissioner to whom he is personally known.

(3) No person shall be elected at a bye-election to be a member of Seanad Eireann unless, within such period prior to such election and in such manner as shall be prescribed by Seanad Eireann, such person or a member of Seanad Eireann who has taken his seat therein has delivered to the Clerk of the Seanad an affidavit in the form set out in the Schedule to this Act duly sworn by such person in the presence of a commissioner for oaths or a peace commissioner to whom he is personally known.

(4) In this section the expression “triennial election” means an election of members of Seanad Eireann pursuant to Article 32 of the Constitution and the expression “bye-election” means the choosing pursuant to Article 34 of the Constitution of a person to fill the place of a member of Seanad Eireann who has died, resigned, or become disqualified.

Time within which the oath is to be taken.

4.—(1) The oath shall be taken by every member of the Oireachtas elected thereto after the passing of this Act within whichever of the following times is the longer, that is to say:—

(a) two months after his election to be a member of the Oireachtas, or,

(b) one month after the first day on which the House of which he is a member sits after his election to be a member thereof.

(2) If any member of the Oireachtas elected thereto after the passing of this Act fails to take the oath within the time limited in that behalf by this Act he shall at the expiration of that time be disqualified for continuing to be a member of the Oireachtas and shall thereupon cease to be a member thereof.

(3) Every person who becomes under this section disqualified for continuing to be a member of the Oireachtas shall for five years after becoming so disqualified be disqualified for being elected or sitting as a member of the Oireachtas.

Extension of time for taking the oath in certain cases.

5.—(1) If any member of the Oireachtas is prevented by illness or unavoidable absence from Saorstát Eireann from taking the oath within the time limited in that behalf by this Act, the House of which he is a member may by resolution complying with this section extend in the case of such member the said time by any period not exceeding six months.

(2) Every resolution under this section extending the time for taking the oath shall be passed before the expiration of the time intended to be extended thereby and shall state the reason for such extension and such reason shall be either the illness or the unavoidable absence from Saorstát Eireann of the member to whom the resolution relates.

(3) The time limited by this Act for taking the oath may in the case of any member be extended under this section more than once.

(4) Whenever the time limited by this Act for taking the oath is extended under this section all references in this Act to such time shall be construed as referring to such time as so extended.

Disposal of candidate's deposit if candidate is elected.

6.—Sub-section (5) of section 20 of the Electoral Act, 1923 (No. 12 of 1923) is hereby repealed (save as respects candidates at a Dáil election held before the passing of this Act) and in lieu thereof it is hereby enacted that if a candidate at a Dáil election held after the passing of this Act is elected the deposit made by him or on his behalf under the said section 20 shall be dealt with as follows, that is to say:—

(a) if the candidate takes the oath within the time limited in that behalf by this Act and before a dissolution of the Oireachtas has taken place, the said deposit made by him or on his behalf shall be returned to him; and

(b) if the candidate does not take the oath within the time aforesaid and before a dissolution of the Oireachtas has taken place, the said deposit made by him or on his behalf shall on the expiration of the said time or the dissolution of the Oireachtas, whichever first happens, be forfeited to Saorstát Eireann unless the candidate dies before the expiration of the said time and before a dissolution has taken place in which event the said deposit shall be returned to his legal personal representative as soon as practicable after his death.

Short title, construction and citation.

7.—(1) This Act may be cited as the Electoral (Amendment) (No. 2) Act, 1927.

(2) This Act shall be construed as one with the Electoral Acts 1923 to 1927.

(3) For the purposes of collective citation the expression “the Electoral Acts 1923 to 1927” shall include this Act.

(4) This Act shall come into force as on and from the first day of February, 1928.

SCHEDULE.

FORM OF AFFIDAVIT.

SAORSTÁT EIREANN.

ELECTORAL (AMENDMENT) (NO. 2) ACT, 1927.

I,                                                               of

intending to permit or having permitted myself to be proposed as a candidate for election to Dáil Eireann or for nomination on a panel of candidates for election to Seanad Eireann or for election to Seanad Eireann in accordance with the Treaty, the Constitution, and the Law, do hereby make oath and say that if I am elected to be a member of Dáil or Seanad Eireann I will duly take my seat therein as a member thereof and for that purpose will duly take in the manner prescribed by Article 17 of the Constitution and within the time limited by law for so doing the oath required by that Article to be taken and subscribed by every member of the Oireachtas before taking his seat therein.