Electoral Act, 1963

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Register of Political Parties.

13.—(1) (a) The person who for the time being holds the office of Clerk of Dáil Éireann shall be the Registrar of Political Parties for the purposes of this section.

(b) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Dáil Éireann shall act as Registrar of Political Parties for the purposes of this section.

(c) In the subsequent subsections of this section, “the Registrar” means the Registrar of Political Parties for the purposes of this section or the Clerk-Assistant of Dáil Éireann acting as such Registrar (as may be appropriate).

(2) The Registrar shall prepare and maintain a register (to be known as the Register of Political Parties) in which, subject to the subsequent provisions of this section, he shall register any political party—

(a) which applies to him for registration, and

(b) which is in his opinion,—

(i) a genuine political party, and

(ii) is organised to contest a Dáil election or a local election.

(3) The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein:

(a) the name of the party,

(b) the address of the party's headquarters,

(c) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidature of candidates of the party at elections.

(4) Immediately on setting up the Register of Political Parties, the Registrar shall register therein the parties then represented in the Dáil by the names by which they are commonly known and shall complete each such registration by inserting the particulars referred to in paragraphs (b) and (c) of subsection (3) of this section on being informed thereof.

(5) A political party shall not be registered in the Register of Political Parties if its name—

(a) is identical with the name of any party already registered in the Register of Political Parties or, in the opinion of the Registrar, so nearly resembles such name as to be calculated to mislead, confuse or deceive,

(b) is, in the opinion of the Registrar, unnecessarily long, or

(c) in the case of a party operating in relation to a particular part only of the State, does not include such reference to that part as, in the opinion of the Registrar, distinguishes the party as so operating.

(6) A political party registered in the Register of Political Parties shall from time to time keep the Registrar informed as to the name or names of the officer or officers referred to in paragraph (c) of subsection (3) of this section.

(7) The Registrar shall, with respect to each party registered in the Register of Political Parties, enquire at least once in each year, by letter sent by post to an officer of the party referred to in paragraph (c) of subsection (3) of this section, whether the party desires to remain registered and, unless he receives an affirmative reply to such an enquiry within twenty-one days from the date of the posting of the letter containing the enquiry, he shall cancel the registration of the party concerned.

(8) (a) Any doubt, dispute or question which may arise in connection with the Register of Political Parties shall be decided by an appeal board.

(b) The appeal board shall consist of a Judge of the High Court (to be nominated by the President of the High Court), who shall be chairman, the Chairman of Dáil Éireann (or, where he is unable, through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Dáil Éireann) and the Chairman of Seanad Éireann, (or, where he is unable, through illness, absence or other cause to fulfil his duties, the Deputy Chairman of Seanad Éireann).

(c) A decision of the appeal board shall be complied with by the Registrar.

(9) On the third day (disregarding any excluded day) after the day of the issuing under section 12 of this Act of a writ or writs, the Registrar shall send to the returning officer or each returning officer a copy of the Register of Political Parties.

(10) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this section.