European Assembly Elections Act, 1984
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Delivery and withdrawal of replacement candidates' list, etc. |
5.—(1) At an Assembly election the returning officer shall, during the usual office hours and at such place or places as are named in the Notice of Election, on each week-day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations, provide forms for use as replacement candidates' lists, and he shall supply such a form or forms free of charge to any person applying therefore, but the use at such an election of a form supplied by the returning officer pursuant to this section shall not be obligatory: Provided that the document so used as a replacement candidates' list is in the form prescribed under section 4 of this Act or in a form to the like effect. | |
(2) Each replacement candidates' list shall be delivered to the returning officer within the times specified for receiving nominations by Rule 7 of the First Schedule to the Principal Act and such delivery shall be made by— | ||
(a) in case the list is signed by an officer referred to in section 4 (1) (a) of this Act, the officer or, as may be appropriate, any of the officers, by whom the list was signed or any person who is as regards the Assembly election concerned a candidate of the party to which the list relates, | ||
(b) in case the list is signed by a person who is a non-party candidate at such election, that person or his proposer. | ||
(3) (a) Where the returning officer is of the opinion that a replacement candidates' list is not properly made out or signed, if the list is not amended to his satisfaction, he shall rule it as being invalid. | ||
(b) A decision under this subsection shall be final. | ||
(c) As soon as may be after the receipt by him at an Assembly election of a replacement candidates' list which he does not rule as being invalid the returning officer shall— | ||
(i) cause to be displayed outside the place at which he is receiving nominations a notice referring to the list and stating the names and addresses of the replacement candidates nominated by entry thereon and in the order in which they appear on the list, | ||
(ii) give, by post or otherwise, notice in writing of such receipt to the person or persons by whom the list was signed, and to each replacement candidate nominated by entry thereon and a notice given pursuant to this subparagraph to a replacement candidate shall refer to the relevant replacement candidates' list and contain the names of the replacement candidates nominated by entry, and in the order in which they appear, thereon. | ||
(d) As soon as may be after the time specified in Rule 12 (1) of the First Schedule to the Principal Act as the latest time for the withdrawal of candidature, the returning officer shall examine the replacement candidates' lists (if any), and | ||
(i) where the number of replacement candidates included in any such list exceeds the maximum number permitted by section 3 (3) (a) of this Act, the returning officer shall 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 there- after working up that list, | ||
(ii) in case the returning officer deletes a name from a replacement candidates' list he shall, as soon as may be, give, by post or otherwise, to the person whose name has been deleted and to the person or, as may be appropriate, each of the persons, by whom the list was signed, notice in writing of the deletion. | ||
(4) (a) A replacement candidates' list may be withdrawn by notice in writing signed by— | ||
(i) in case the list is a replacement candidates' list referred to in section 4 (1) (a) of this Act, the person who is or, as may be appropriate, the persons who are for the time being the officer or officers referred to in that section, or | ||
(ii) in case the list is a replacement candidates' list referred to in section 4 (1) (b) of this Act, the non-party candidate by whom it was signed, | ||
and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations. | ||
(b) A notice referred to in paragraph (a) of this subsection may be delivered to the returning officer by being given to him by— | ||
(i) in case the notice relates to a replacement candidates' list referred to in section 4 (1) (a) of this Act, | ||
(I) the officer or, as may be appropriate, any of the officers, by whom it was signed, or | ||
(II) any person who is as regards the Assembly election concerned a candidate of the party to which the list relates, | ||
(ii) in case the notice relates to a replacement candidates' list referred to in section 4 (1) (b) of this Act, the non-party candidate by whom the list was signed or his proposer. | ||
(c) The returning officer shall, immediately on the delivery to him of a notice referred to in paragraph (a) of this subsection, give public notice of the withdrawal concerned. | ||
(5) Where a replacement candidates' list is presented at an Assembly election and, | ||
(a) in case such list was presented by a registered political party, at the latest time for withdrawal of candidature under Rule 12 of the First Schedule to the Principal Act no candidate of that party stands nominated, or | ||
(b) in case such list was presented by a non-party candidate and the candidature of that candidate is, or pursuant to either section 10 of the Principal Act or Rule 20 of the said First Schedule is deemed to have been, withdrawn. | ||
the replacement candidates' list shall be deemed to have been withdrawn. | ||
(6) Nothing done by a returning officer in exercising the power conferred on him by subsection (3) (d) (i) of this section shall form a ground on which an Assembly election may be questioned. |