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32 1937

PRESIDENTIAL ELECTIONS ACT, 1937

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Presidential Elections Act, 1937.

Commencement.

2. —This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the People.

Definitions.

3. —In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “presidential election” means an election of a person to the office of President of Ireland;

the expression “the first presidential election” means the first presidential election held after the commencement of this Act;

the expression “ordinary presidential election” means a presidential election held in contemplation of the expiration by effluxion of time of the term of office of the President then holding office;

the expression “extraordinary presidential election” means a presidential election rendered necessary by a vacancy in the office of President occasioned otherwise than by the expiration by effluxion of time of the term of office of a President;

the expression “Dáil election” means an election of members of Dáil Eireann;

the expression “register of electors” means a register of the persons entitled to vote at a Dáil election;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

Regulations.

4. —The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Expenses.

5. —All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

The order appointing days.

6. —(1) Before every presidential election the Minister shall by order (in this Act referred to as the order appointing days) appoint—

(a) the day (in this Act referred to as the last day for receiving nominations) which shall be the last day on which the presidential returning officer may receive nominations for such election, and

(b) the place at which the presidential returning officer will sit to rule upon nominations on the last day for receiving nominations, and

(c) the day (in this Act referred to as the day for withdrawals) on which a candidate may withdraw from his candidature after the close of the ruling upon nominations, and

(d) the place at which the presidential returning officer will sit to receive withdrawals on the day for withdrawals, and

(e) the day (in this Act referred to as the polling day) on which the poll (if any) at such election shall be taken, and

(f) the address of the office of the presidential returning officer to which nomination papers and other communications may be sent to him.

(2) In the case of the first presidential election, the order appointing days shall be made under this section as soon as conveniently may be after the coming into operation of the Constitution, and the days thereby appointed shall be so selected that the election will be completed at such time as will enable the president thereby elected to enter upon his office not later than one hundred and eighty days after the coming into operation of the Constitution.

(3) In the case of an ordinary presidential election, the order appointing days shall be made under this section on or as soon as conveniently may be after the sixtieth day before the expiration of the term of office of the outgoing president, and the days thereby appointed shall be so selected that the election will be completed at such time as will enable the president thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing president.

(4) In the case of an extraordinary presidential election, the order appointing days shall be made under this section as soon as conveniently may be after the cesser of office of the late president, and the days thereby appointed shall be so selected that the election will be completed within sixty days after such cesser of office.

(5) The day for withdrawals shall not be earlier than the second nor later than the seventh day after the last day for receiving nominations.

(6) Every order appointing days shall be published in the Iris Oifigiúil as soon as may be after it is made.

The presidential returning officer.

7. —(1) Before every presidential election and not later than the day on which the order appointing days in respect of such election is made, the Minister shall appoint a fit and proper person to be the returning officer (in this Act referred to as the presidential returning officer) for the purposes of such election.

(2) It shall be the duty of the presidential returning officer to conduct the presidential election for the purposes of which he is appointed, to count the votes cast thereat, and to ascertain and declare the result thereof in accordance with this Act, and to do such other things in respect of such election as he is required by this Act to do.

(3) The Minister for Finance shall from time to time prepare a scale of maximum charges for presidential returning officers, and every presidential returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges in respect of his services and expenses in relation to the presidential election for the purposes of which he was appointed, but not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.