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5 1979

UDARAS NA GAELTACHTA ACT, 1979

Part IV

Election of Members of Údarás na Gaeltachta

Interpretation for Part IV.

27. —In this Part—

election”, save where the context otherwise requires, means an election under this Part;

returning officer” means a person who under section 32 is a returning officer for the purposes of this Part.

Elections.

28. —(1) Subject to their being held at intervals which are neither less than four years nor more than five years, elections shall be held from time to time as may be prescribed by regulations made by the Minister.

(2) Where an election is contested the poll shall be taken by secret ballot and on the principle of proportional representation by means of the single transferable vote.

(3) The costs and expenses incurred at an election by or on behalf of a returning officer shall be borne by the Minister out of moneys provided by the Oireachtas.

(4) (a) The Minister shall by direction provide for the manner in which the costs of elections are to be paid.

(b) A direction under this subsection may, in particular and without prejudice to the generality of paragraph (a), make provision for all or any of the following matters—

(i) the way and period in or during which a returning officer shall present his accounts,

(ii) the way and period in or during which a person having a claim by virtue of this section shall present the claim,

(iii) adjudication of disputes.

Constituencies and number of persons to be elected.

29. —(1) Each of the following areas shall be a constituency for the purpose of this Part :—

(a) the area comprising those parts of the Gaeltacht situated in the county of Donegal,

(b) the area comprising those parts of the Gaeltacht situated in the counties of Galway, Mayo and Meath, and

(c) the area comprising those parts of the Gaeltacht situated in the counties of Kerry, Cork and Waterford.

(2) (a) The constituency specified in subsection (1) (a) shall return two persons in an election.

(b) The constituency specified in subsection (1) (b) shall return three persons in an election.

(c) The constituency specified in subsection (1) (c) shall return two persons in an election.

Eligibility for election.

30. —A person shall not be eligible for election to an tÚdarás unless on the relevant polling day he has attained the age of eighteen years.

Right to vote.

31. —(1) Where in respect of a constituency specified in section 29 an election is contested, every person shall be entitled to vote at the election who, if the constituency were a local electoral area and the election were a local election held by reference thereto, would be entitled to vote at that local election.

(2) No person other than a person mentioned in subsection (1) shall be entitled to vote at an election.

Returning officers.

32. —(1) For the purposes of this Part the Minister shall, in respect of each constituency specified in section 29, appoint a fit and proper person to be the returning officer, and it shall be the general duty of the returning officer to do all such acts and things as may be necessary for effectually conducting an election in his constituency, to ascertain and declare the results of that election and to furnish to the Minister a return of the persons elected for that constituency.

(2) (a) The returning officer may perform any of his functions as returning officer through or by any other person or persons duly authorised by him in writing for that purpose.

(b) The returning officer may appoint in writing one or more persons to be deputy returning officer or officers and may delegate to any such deputy such of the functions of the returning officer as may be specified in the appointment.

(3) The returning officer, any deputy returning officer or any person employed by the returning officer or a deputy returning officer shall not be entitled to be nominated as, or to nominate, a candidate at an election.

(4) The returning officer, any deputy returning officer or any person employed by the returning officer or a deputy returning officer shall not act as agent for any candidate in an election or further the candidature of such a candidate.

Regulations for Part IV.

33. —(1) The Minister may make regulations for the purpose of giving effect to this Part.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), make provision for all or any of the following matters in relation to elections :—

(i) nominations,

(ii) deposits by candidates,

(iii) procedure when no candidate stands nominated in a constituency,

(iv) procedure where the number of persons nominated for a constituency is less than the number of members which that constituency is entitled to return,

(v) death of a candidate,

(vi) duties and staff of a returning officer and of any deputy returning officer,

(vii) the form of the ballot paper to be used,

(viii) the taking of a poll and the counting of votes,

(ix) the maintenance of secrecy of voting,

(x) the custody of ballot papers and the manner of their disposal,

(xi) the designation of polling districts and polling places,

(xii) the use (free of charge) of schools and public rooms,

(xiii) arrangements for postal voting,

(xiv) polling on islands,

(xv) the use of local authority ballot boxes and other election equipment,

(xvi) interference with ballot boxes or ballot papers,

(xvii) removal of persons misconducting themselves in polling stations,

(xviii) the issue of polling cards,

(xix) the use of registers of electors prepared for the purpose of local elections and the compilation from such registers of registers which shall be the registers of electors for an tÚdarás.

(3) Regulations under this section—

(a) may apply to an election such statutory provisions relating to local elections as may be specified and may make such modifications or adaptations of such provisions as may be necessary, and

(b) may create electoral offences and prescribe penalties for them, such penalties not to exceed those applying to corresponding offences in relation to local elections.

(4) Where regulations under this section are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each House.